The Texas Commission on Environmental Quality (TCEQ) has promulgated legislation through the Texas Administrative Code (TAC) to address investigating, reporting, and cleanups of releases of petroleum products, hazardous chemicals, and related wastes through two programs:
- The Leaking Petroleum Storage tank (LPST) program is under Title 30 TAC Chapter 334
- The Texas Risk Reduction Program (TRRP) is under Title 30 TAC Chapter 350
Cleanups of contamination that are caused by spills, leaks, or other releases of petroleum substances or hazardous substances from regulated underground and above ground petroleum storage tanks is regulated by the Texas Commission on Environmental Quality (TCEQ).
The TCEQ administers two steps toward identifying and responding to releases from leaking petroleum storage tanks (LPSTs) in Texas through two regulatory guidance documents
1. Regulatory Guidance Document RG-411 Investigating and Reporting Releases from Petroleum Storage Tanks (PSTs).
a) This regulatory guidance document pertains to the requirements for investigating and reporting releases from underground and aboveground storage tanks that are suspected or confirmed to have leaked petroleum products or hazardous substances.
b) This regulatory guidance document allows the user to determine whether or not a release is suspected or confirmed, and also allows a responsible party from “screening out” of the LPST program requirements if the release investigation findings support no further action.
2. Regulatory Guidance Document RG-523, Risk Based Corrective Action for LPST Sites
a) The first step is a Plan A evaluation, where the RCAS and CAPM compare the site’s maximum contaminant concentrations to the conservative pre-established target concentrations for the beneficial-groundwater-use category and land use applicable to the site. If contaminant concentrations are at or below Plan A target concentrations, the site may be eligible for “closure,” meaning that no more assessment or remediation is warranted. Sites that do not screen for possible closure under Plan A evaluation are further evaluated using the exit-criteria flow charts available in the guidance document entitled “Risk-Based Corrective Action for LPST Sites” (RG-523/PST-03).
b) If the site does not meet closure requirements during the exit-criteria evaluation, the open exposure pathways are further evaluated under a Plan B evaluation. The RCAS and CAPM develop target concentrations based on the geologic and hydrologic conditions and the actual receptor information for each site. Remediating a site to target concentrations often saves money and time, compared to the more conservative Plan A target concentrations. The development of a CAP is necessary if concentrations exceed the established target concentrations as determined in the Plan B report.