Part 1.
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Chapter 334.
UNDERGROUND AND ABOVEGROUND STORAGE TANKS
The Texas Commission on Environmental Quality (agency, commission,
or TCEQ) proposes amendments to §§334.2, 334.5, 334.8, 334.71, 334.84,
334.301 - 334.303, 334.306, 334.310, and 334.313.
BACKGROUND AND SUMMARY OF THE FACTUAL BASIS FOR THE PROPOSED RULES
The purpose of the proposed amendments is to incorporate into agency rules,
changes to statute which were effective September 1, 2005, based on language
in Senate Bill 485, House Bill 1987, and Senate Bill 1863 (Article 5) from
the 79th Legislature, 2005, and to incorporate changes suggested by stakeholders
during and following a meeting of the Petroleum Storage Tank (PST) Rules Advisory
Group held November 29, 2005.
SECTION BY SECTION DISCUSSION
Throughout this rulemaking package, administrative changes have been made
as necessary in accordance with Texas Register requirements.
Subchapter A - General Provisions
The following amendments are proposed to comply with statutory changes.
Proposed §334.2 amends paragraph (41), the definition of "Free-product"
by specifying that the term has the same meaning with or without a hyphen,
and amends paragraph (92), the definition of "Release" by adding language
defining the term "subsurface soils" as used in that definition to reflect
the inclusion of the term "subsurface soil" in statutory definitions. Proposed §334.5(b)(1)(A),
(B), and (C), (2)(A), and (3) are amended by adding and/or deleting language
as necessary to reflect the statutory removal of common carrier liability
with respect to deliveries into underground storage tanks and to specify clearly
that liability regarding such deliveries rests entirely with underground storage
tanks (USTs) system owners and operators. Proposed §334.8(c)(2) is amended
to add the insertion of a descriptive opening sentence to provide textual
consistency. Proposed §334.8(c)(5)(A)(i) is amended to add language applicable
to delivery prohibitions to reflect statutory language which allows a UST
owner/operator to provide verification to a common carrier of compliance with
UST certification requirements by obtaining or by directing the common carrier
to view a copy of the delivery certificate for a site from the agency's Web
site.
Subchapter D - Release Reporting and Corrective
Action
The following amendments are proposed to comply with statutory changes.
Proposed §334.71(a) is amended by adding the phrase "unless otherwise
provided in §350.2(g) of this title (relating to Applicability)" at the
end of the subsection to provide reference to that section for possible exceptions
to §334.71(a). Proposed §334.71(b)(6) is amended to change the language
and extend the deadline applicable to the submission of site closure requests
for eligible sites that require either a corrective action plan or groundwater
monitoring to reflect statutory amendments. Proposed §334.84(a)(4) is
added to provide language in accordance with statute allowing owners or operators
who are eligible for an extension for corrective action reimbursement to apply
to the agency to have their sites placed in the Petroleum Storage Tank State
Lead Program administered by the commission and the word "or" is moved from
the end of paragraph (3) to the end of the new paragraph (4). The subsequent
paragraph is renumbered accordingly.
The following amendment is proposed to comply with stakeholder requests.
A proposed new §334.84(c) is added to place a practicable time limit
on the agency with regard to response to a proper written application to have
an eligible corrective action site placed in the Petroleum Storage Tank State
Lead Program.
Subchapter H - Reimbursement Program
The following amendments are proposed to comply with statutory changes.
Proposed §334.301(c) is amended by adding language in accordance with
statute which extends the deadline for the performance of corrective action
from September 1, 2005, to August 31, 2007, for eligible owners/operators
who have been granted an extension for corrective action reimbursement by
the agency; by amending in accordance with statute the deadline for filing
a claim for reimbursement from March 1, 2006, to March 1, 2008; and by amending
in accordance with statute the final deadline for payment of reimbursements
from September 1, 2006, to September 1, 2008. Proposed §334.301(f) and
(h) are each amended to add the insertion of a descriptive opening sentence
to provide textual consistency. Proposed §334.301(h)(2) is amended by
adding language which allows the executive director to postpone considering,
processing, or paying claims for reimbursement for corrective action work
which was begun without prior commission approval and deletes language which
prevents such claims from being considered, processed, or paid until all agency
pre-approved claims for reimbursement have been completed. Proposed §334.302(c)(5)
is amended by adding language in accordance with statute which provides an
extension of the final deadline for the performance of corrective action from
September 1, 2005, to August 31, 2007, with regard to the reimbursement of
related corrective action expenses to an eligible owner or operator from the
Petroleum Storage Tank Remediation Account. Proposed §334.302(c)(6) is
amended by changing in accordance with statute the deadline for filing a claim
for corrective action reimbursement with the agency from March 1, 2006, to
March 1, 2008. Proposed §334.302(c)(7) is amended by changing the final
deadline for payment of any expenses related to corrective action reimbursements
from September 1, 2006, to September 1, 2008. Proposed §334.303(a) is
amended by changing the deadline for filing an application (claim) for reimbursement
from March 1, 2006, to March 1, 2008. Proposed §334.306(b)(7) is amended
to change the word "though" to the word "through" to correct an error. Proposed §334.306(f)(5)
is amended by changing the phrase "within 120 days of the effective date of
this subchapter" to the actual beginning and ending dates of that period to
prevent confusion when current proposed amendments become effective. Proposed §334.310(f)
is amended by adding a reference to language in §334.301(h)(2) and §334.313(d)
as an additional exception. Proposed §334.313(d) is amended by adding
language which allows the executive director to postpone considering, processing,
or paying claims for reimbursement for corrective action work which was begun
without prior commission approval and deletes language which prevents such
claims from being considered, processed, or paid until all agency pre-approved
claims for reimbursement have been completed.
FISCAL NOTE: COSTS TO STATE AND LOCAL GOVERNMENT
Nina Chamness, Analyst, Strategic Planning and Assessment Section, has
determined that, for the first five-year period the proposed rules are in
effect significant fiscal implications are anticipated for the agency and
other units of federal, state, and local governments. The proposed rules implement
changes to statute made by Senate Bill 485, House Bill 1987, and Senate Bill
1863, 79th Legislature, 2005, which relate to Petroleum Storage Tank (PST)
fuel deliveries, remediation, and remediation cost reimbursement.
Some of the more significant statutory changes to the Petroleum Storage
Tank (PST) Reimbursement Program include: removing liability from common carriers
with regard to the physical delivery of petroleum products into an underground
storage tank (UST); extending the PST reimbursement program expiration date
until September 1, 2008; eliminating the bienniel reduction for the bulk delivery
fee which provides funds for the Petroleum Storage Tank Remediation (PSTR)
Account and maintaining that fee at Fiscal Year (FY) 2005 levels; removing
the limit the agency can spend on administrative costs from the PSTR Account;
enhancing the ability of eligible owners/operators to transfer PST sites to
the state lead program; and exempting owners/operators of PST sites transferred
to the state lead program from any further liability for costs the agency
would incur to take corrective action at these sites.
Liability for Common Carriers
The proposed rules will have a beneficial fiscal impact on common carriers
delivering products to underground storage tanks (USTs). These carriers will
no longer be liable for delivering fuel to uncertified USTs and may experience
lower insurance costs if they currently purchase insurance. These costs would
vary greatly depending on the carrier, the amount of liability insurance purchased,
and the insurance company. Future federal regulations will likely reinstate
the liability requirements for common carriers.
Extending deadlines
It is anticipated that 1,260 sites will be remediated by responsible parties
by September 1, 2008. It is estimated that the PSTR Account (0655) will spend
an estimated $58 million in FY 2006 and an estimated $58 million in FY 2007
to reimburse the remediation costs at these sites. Reimbursements for these
sites could cost as much as $45 million in 2008. The total estimated reimbursement
costs of $161 million for FY 2006, FY 2007, and FY 2008 would include: costs
for eligible cleanup activities at the 1,260 sites until September 1, 2008;
costs for the payment of protested claims that have arisen during that period;
and costs for the payment of claims submitted during that period, for work
performed in previous years for which claims had not been previously filed.
Collection of Bulk Delivery Fee and Administrative
Costs
The agency received appropriations of approximately $7.4 million in FY
2006 and $2.9 million in FY 2007 to administer PST cleanups, but collection
of the bulk delivery fee, which funds the major portion of the PST Reimbursement
program, is scheduled to expire at the end of FY 2007. Some administrative
and cleanup activities in FY 2008 will be funded through balances in the PSTR
Account (0655), but staff anticipates that balances in this account will be
insufficient to meet the administrative and cleanup costs of all the sites
expected to transfer to the state lead program and the cost of PST cleanup
and emergency response activities for future spills and releases threatening
public health. Cleanup costs alone for transfers to the state lead program,
coupled with the sites already in the state lead program are estimated to
be $12 million in FY 2007, $36 million in FY 2008, $30 million in FY 2009,
and $24 million in FY 2010, totaling $102 million for the period. Projected
reimbursement of remediation costs to responsible parties, continued administrative
costs at current levels, and projected state lead program remediation costs
are expected to exceed available PSTR Account (0655) balances in FY 2008.
Unless a revenue source to fund the continuing program and administrative
activities is determined in future legislative sessions, the agency would
experience a significant fiscal impact, and other agency programs could be
compromised.
Transfer of Sites to State Lead Program and Exemption
from Liability
Staff estimates that 500 PST sites will elect to transfer (opt-in) to the
state lead program by July 1, 2007. This transfer will be in addition to the
state lead program's current inventory of 213 sites. In addition, approximately
300 more sites are expected to be added to the state lead program over the
next five years, based on routine criteria. These 300 sites are currently
not in the reimbursement program and not eligible to opt-in to the state lead
program. These anticipated transfers coupled with the sites already in the
state lead program could cost as much as $12 million in FY 2007, $36 million
in FY 2008, $30 million in FY 2009, and $24 million in FY 2010. Thus, total
state lead program cleanup costs from FY 2007 through FY 2010 are estimated
to be $102 million, and it is not known how many of these sites will be fully
remediated by that time. In addition, once sites which are eligible to opt-in
are transferred to the state lead program, owners or operators of those sites
are exempted from any further liability for costs related to site cleanup.
Units of federal, state, or local governments owning petroleum storage
tanks (PSTs) will experience beneficial fiscal impact as a result of administration
or enforcement of the proposed rules. It is estimated that 70 local governments
and 38 state and federal agencies will benefit from extending the expiration
date of the PST Reimbursement Program and from allowing PST sites to be more
easily transferred to the state lead program.
PUBLIC BENEFITS AND COSTS
Ms. Chamness also determined that for each year of the first five years
the proposed rules are in effect, the public benefit anticipated from the
changes seen in the proposed rules will be continued environmental cleanup
of contaminated PST sites.
The proposed rules will benefit eligible owners/operators of PSTs in two
ways. By extending the time they can file for reimbursement of cleanup costs,
owners/operators have longer to recoup cleanup expenses. Besides making it
easier to transfer eligible sites to the state lead program, the proposed
rules benefit those owners/operators by exempting them from any further liability
for costs related to site cleanup.
SMALL BUSINESS AND MICRO-BUSINESS ASSESSMENT
No adverse fiscal implications are anticipated for small or micro-businesses.
Staff estimates that 1,464 small or micro-businesses will benefit from the
extension of the PST Reimbursement Program and easier transfer of PST sites
to the state lead program. This could save small or micro-businesses as much
as $45,000 per site per year. In addition, once small or micro-business sites
which are eligible to opt-in are transferred to the state lead program, owners
or operators of those sites are exempted from any further liability for costs
related to site cleanup.
LOCAL EMPLOYMENT IMPACT STATEMENT
The commission has reviewed this proposed rulemaking and determined that
a local employment impact statement is not required because the proposed rules
do not adversely affect a local economy in a material way for the first five
years that the proposed rules are in effect.
DRAFT REGULATORY IMPACT ANALYSIS DETERMINATION
The commission reviewed the rulemaking in light of the regulatory impact
analysis requirements of Texas Government Code, §2001.0225, and determined
that the rulemaking is not subject to §2001.0225 because it does not
meet the definition of a "major environmental rule" as defined in that statute.
The rule changes proposed in this package are either minor definitional or
procedural changes, or they are changes which benefit the regulated community
in the form of such things as extended reimbursement deadlines, expanded opportunity
for the transfer of sites to the state lead program, and removal of liability
for common carriers regarding delivery certificates. The changes do not increase
burdens on regulated entities in particular or the economy in general.
A major environmental rule means a rule the specific intent of which is
to protect the environment or reduce risks to human health from environmental
exposure and that may adversely affect in a material way the economy, a sector
of the economy, productivity, competition, jobs, the environment, or the public
health and safety of the state or a sector of the state. Further, it does
not meet any of the four requirements listed in §2001.0225(a). That section
states: "
(a) This section applies only to a major
environmental rule adopted by a state agency, the result of which is to: (1)
exceed a standard set by federal law, unless the rule is specifically required
by state law; (2) exceed an express requirement of state law, unless the rule
is specifically required by federal law; (3) exceed a requirement of a delegation
agreement or contract between the state and an agency or representative of
the federal government to implement a state and federal program; or (4) adopt
a rule solely under the general powers of the agency instead of under a specific
state law
." The rulemaking does not exceed any of the requirements
as previously described.
Written comments on the draft regulatory impact analysis determination
of this rulemaking may be submitted to the contact person at the address listed
under the SUBMITTAL OF COMMENTS section of this preamble.
TAKINGS IMPACT ASSESSMENT
The commission evaluated this rulemaking action and performed an analysis
of whether the rules are subject to Texas Government Code, Chapter 2007. The
rulemaking incorporates statutory changes which will not create a burden on
private real property. The statutory changes being incorporated basically
extend the deadlines related to reimbursements from the Petroleum Storage
Tank Remediation (PSTR) Account. This should result in the cleanup of more
contaminated property in Texas. As a whole, this rulemaking will not be the
cause of a reduction in market value of private real property, does not create
a burden on private real property, and will not constitute a takings under
Texas Government Code, Chapter 2007.
CONSISTENCY WITH THE COASTAL MANAGEMENT PROGRAM
The commission reviewed the proposed rulemaking and found the proposal
is a rulemaking identified in the Coastal Coordination Act Implementation
Rules (31 TAC §505.11(b)(2)) subject to the Texas Coastal Management
Program (CMP) and will, therefore, require that goals and policies of the
CMP be considered during the rulemaking process.
CMP Goals: 31 TAC §501.12 states in part that "
the goals of the Texas Coastal Management Program (CMP) are: (1) to protect,
preserve, restore, and enhance the diversity, quality, quantity, functions,
and values of coastal natural resource areas (CNRAs); (2) to ensure sound
management of all coastal resources by allowing for compatible economic development
and multiple human uses of the coastal zone; (3) to minimize loss of human
life and property due to the impairment and loss of protective features of
CNRAs
;" and "
(5) to balance the benefits from
economic development and multiple human uses of the coastal zone, the benefits
from protecting, preserving, restoring, and enhancing CNRAs, the benefits
from minimizing loss of human life and property, and the benefits from public
access to and enjoyment of the coastal zone
."
The previously stated goals will not be adversely affected by the rule
changes described in this preamble for the reason that although changes in
rule language are proposed to incorporate statutory changes and changes requested
by stakeholders, none of these changes will ease or lessen regulatory requirements
for regulated underground or aboveground storage tanks. In fact, statutory
changes which provide for extension of the sunset date of the PSTR Account
and provide enhanced opportunity for owners/operators of eligible leaking
petroleum storage tank (LPST) sites to transfer them into the agency's state
lead program will result in the proper cleanup of a greater number of contaminated
LPST sites.
CMP Policies: 31 TAC §501.13, "Administrative Policies," states in
relevant part: "
(a) Agency and subdivision rules
and ordinances subject to §501.10 of this title (relating to Compliance
with Goals and Policies) shall: (1) require applicants to provide information
necessary for an agency or subdivision to make an informed decision on a proposed
action listed in §505.11 of this title (relating to Actions and Rules
Subject to the Coastal Management Program) or §505.60 of this title (relating
to Local Government Actions Subject to the Coastal Management Program); (2)
identify the monitoring established to ensure that activities authorized by
actions listed in §505.11 of this title (relating to Actions and Rules
Subject to the Coastal Management Program) or §505.60 of this title (relating
to Local Government Actions Subject to the Coastal Management Program) comply
with all applicable requirements; (3) identify circumstances in which agencies
and subdivisions have the authority to issue variances from standards or requirements
for the protection of CNRAs, including the grounds for granting variances
."
The previously stated policies will not be adversely affected by the rule
changes described in this preamble for the reason that there are no substantive
changes relating to provision of information, monitoring of compliance, or
variances.
The commission is seeking public comment on the consistency of the proposed
rulemaking with the proposed CMP. Written comments may be submitted to the
contact person at the address listed under the SUBMITTAL OF COMMENTS section
of this preamble.
SUBMITTAL OF COMMENTS
Comments may be submitted to Holly Vierk, MC 205, Texas Register Team,
Office of Legal Services, Texas Commission on Environmental Quality, P.O.
Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. All comments
should reference Rule Project Number 2005-056-334-PR. Comments must be received
by 5:00 p.m., July 3, 2006. For further information, please contact Anton
E. Rozsypal, Jr., P.E., Remediation Division, at (512) 239-5755 or Cullen
McMorrow, Litigation Division, at (512) 239-0607.
Subchapter A. GENERAL PROVISIONS
30 TAC §§334.2, 334.5, 334.8
STATUTORY AUTHORITY
The amendments are proposed under Texas Water Code (TWC), §5.012,
which provides that the commission is the agency responsible for implementing
the constitution and laws of the state relating to the conservation of natural
resources and protection of the environment; TWC, §5.103 and §5.105,
which establish the commission's general authority to adopt rules; TWC, §26.345,
which authorizes the commission to develop a regulatory program and to adopt
rules regarding underground storage tanks (USTs); §26.351, which directs
the commission to adopt rules establishing the requirements for taking corrective
action in response to a release from a UST or aboveground storage tank (AST);
and §26.3573, which allows the commission to use funds from the Petroleum
Storage Tank Remediation (PSTR) Account to reimburse an eligible owner or
operator or insurer for the expenses of corrective action or to pay the claim
of a contractor hired by an eligible owner or operator to perform corrective
action. The amended sections are also proposed under the general authority
of Texas Water Code, §5.103, which authorizes the commission to adopt
any rules necessary to carry out its powers and duties under this code and
other laws of this state and to adopt rules repealing any statement of general
applicability that interprets law or policy; §5.105, which directs the
commission to establish and approve all general policy of the commission by
rule; and §26.011, which requires the commission to control the quality
of water by rule.
The proposed rule package implements changes in laws of this state made
during the 79th Legislature, 2005, with the passage of Senate Bill 485, House
Bill 1987, and Senate Bill 1863 (Article 5).
§334.2.Definitions.
The following words and terms, when used in this chapter, have the
following meanings, unless the context clearly indicates otherwise.
(1) - (6)
(No change.)
(7)
Allowable cost--As defined by[
(8) - (18)
(No change.)
(19)
Closure letter--A letter issued by the agency which states
that, based on the information available, the agency agrees that corrective
action has been completed for the referenced release in accordance with agency
requirements. [
(20) - (40)
(No change.)
(41)
Free product
[
(42) - (72)
(No change.)
(73)
Owner--Any person who holds legal possession or ownership
of an interest in an underground storage tank
(UST)
system or an
aboveground storage tank
(AST)
. For the purposes of this chapter,
if the actual ownership of a UST system or
an
[
(74) - (91)
(No change.)
(92)
Release--Any spilling including overfills, leaking, emitting,
discharging, escaping, leaching, or disposing from an underground storage
tank or aboveground storage tank into groundwater, surface water, or subsurface
soils.
In this definition, the term "subsurface soils" does not include
backfill or native material in the tank hole that is placed immediately adjacent
to or surrounding an underground storage tank system when the system is installed
or the system's individual components are replaced unless petroleum free product
is present in the backfill or native material.
(93) - (123)
(No change.)
§334.5.General Prohibitions for Underground Storage Tanks (USTs) and UST Systems.
(a)
(No change.)
(b)
Delivery prohibitions.
(1)
Concerning UST systems which the tank owner or operator
must self-certify under §334.8(c) of this title (relating to Certification
for Underground Storage Tanks (USTs) and UST Systems), the following applies.
(A)
Except as provided under subparagraphs (B) and (C) of this
paragraph, no
owner or operator of a
[
(B)
For new or replacement UST systems, only during the initial
period ending 90 days after the date that a regulated substance is first deposited
into the new or replacement system(s), [
[(C)
If in the exercise of good faith, a common
carrier who deposits a regulated substance into a UST system is first presented
with an apparently valid, current Texas Commission on Environmental Quality
delivery certificate (or temporary delivery authorization, if applicable)
represented by the UST system owner or operator to meet the requirements of
subsection (a) of this section, this will be considered prima facie evidence
of compliance by that common carrier with this subparagraph.]
(2)
Concerning UST systems which are not required to be self-certified
compliant at a given time under §334.8(c) of this title, but which are
required to be registered under §334.7 of this title (relating to Registration
for Underground Storage Tanks (USTs) and UST Systems), the following applies.
(A)
Except as provided under subparagraph (B) of this paragraph,
no
owner or operator of a
[
(B)
(No change.)
(3)
Concerning both types of delivery prohibition referenced
in this subsection, the following documentation
is considered
[
(A) - (B)
(No change.)
§334.8.Certification for Underground Storage Tanks (USTs) and UST Systems.
(a) - (b)
(No change.)
(c)
UST compliance self-certification requirements.
(1)
(No change.)
(2)
Non-provision of delivery certificate.
The agency
will not provide a UST delivery certificate for USTs covered by the exceptions
in paragraph (1)(A) of this subsection.
(3) - (4)
(No change.)
(5)
UST delivery certificate.
(A)
Certificate availability.
(i)
The owner and operator of USTs regulated under this section
must make available to a common carrier a valid, current Texas Commission
on Environmental Quality (TCEQ) delivery certificate (or TCEQ temporary delivery
authorization under subparagraph (D) of this paragraph, as applicable) before
delivery of a regulated substance into the UST(s) can be accepted. The delivery
certificate must cover each UST at the facility accepting a delivery.
(The owner or operator may comply with this requirement by obtaining or by
directing the common carrier to view a current copy of the delivery certificate
from the agency's Internet Web site.)
The bill of lading for the first
delivery of regulated substance into any new or replacement UST at the facility
must be attached to the temporary delivery authorization for that facility.
(ii) - (iii)
(No change.)
(B) - (D)
(No change.)
(6)
(No change.)
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on May 18, 2006.
TRD-200602804
Stephanie Bergeron Perdue
Acting Deputy Director, Office of Legal Services
Texas Commission on Environmental Quality
Earliest possible date of adoption: July 2, 2006
For further information, please call: (512) 239-0177
,
] §334.308
of this title (relating to Allowable Costs and Restrictions on Allowable Costs).
.
]
Free-product
] (
or free-product
or non-aqueous phase liquid)--A regulated substance
in its free-flowing non-aqueous liquid phase at standard conditions of temperature
and pressure (i.e., that portion of the product not dissolved in water or
adhering to soil).
a
] AST
is uncertain, unknown, or in dispute, the fee simple owner of the surface
estate of the tract on which the UST system or the AST is located is considered
the UST system or AST owner unless that person can demonstrate by appropriate
documentation, including a deed reservation, invoice, bill of sale, or by
other legally acceptable means that the UST system or AST is owned by another
person. A person who has registered as an owner of a UST system or AST with
the commission under §334.7 of this title (relating to Registration for
Underground Storage Tanks (USTs) and UST Systems) (or a preceding rule section
concerning tank registration) after September 1, 1987, shall be considered
the UST system owner and/or AST owner until such time as documentation demonstrates
to the executive director's satisfaction that the legal interest in the UST
system or AST was transferred to a different person subsequent to the date
of the tank registration. This definition is subject to the limitations found
in
Texas Water Code
[
TWC
], §26.3514, Limits on
Liability of Lender; §26.3515, Limits on Liability of Corporate Fiduciary;
and §25.3516, Limits on Liability of Taxing Unit.
common carrier (as defined
in §334.2 of this title (relating to Definitions)) shall deposit any
regulated substance into a
] UST system regulated under this chapter
shall allow the deposit of any regulated substance into that UST system
unless
[
he observes
] that [
the
] owner or operator has a valid,
current delivery certificate issued by the agency covering that UST system.
a common carrier may accept,
as adequate to meet the requirements of subsection (a) of this section,
]
documentation that the owner or operator has a "temporary delivery authorization,"
as defined in §334.8(c)(5)(D) of this title, issued by the agency for
the facility at which the new or replacement UST system(s) exist
will
be considered adequate to meet the requirements of subparagraph (A) of this
paragraph
.
person (as defined in §334.2
of this title) shall deposit any regulated substance into a
] UST system
regulated under this chapter
shall allow the deposit of any regulated
substance into that UST system
unless [
he observes
] that
[
the
] owner or operator has a valid, current registration certificate
issued by the agency covering that UST system.
can be accepted as
] adequate:
Subchapter D. RELEASE REPORTING AND CORRECTIVE ACTION