| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to performance standards for certain aboveground storage |
|
|
tanks. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 26.341(b), Water Code, is amended to |
|
|
read as follows: |
|
|
(b) The legislature declares that it is the policy of this |
|
|
state and the purpose of this subchapter to: |
|
|
(1) maintain and protect the quality of groundwater |
|
|
and surface water resources in the state from certain substances in |
|
|
underground and aboveground storage tanks that may pollute |
|
|
groundwater and surface water resources, including during |
|
|
hurricanes, floods, and other extreme weather events; and |
|
|
(2) require the use of all reasonable methods, |
|
|
including risk-based corrective action, to implement this policy. |
|
|
SECTION 2. Section 26.344(f), Water Code, is amended to |
|
|
read as follows: |
|
|
(f) An aboveground storage tank that is located at or is |
|
|
part of a petrochemical plant, a petroleum refinery, an electric |
|
|
generating facility, or a bulk facility as that term is defined by |
|
|
Section 26.3574(a) [of this code] is exempt from regulation under |
|
|
this subchapter but is not exempt for purposes of the fee imposed |
|
|
under Section 26.3574 or the performance standards adopted under |
|
|
Sections 26.3441(c) and (d) [of this code]. |
|
|
SECTION 3. Section 26.3441, Water Code, is amended by |
|
|
adding Subsections (c) and (d) to read as follows: |
|
|
(c) The commission shall adopt performance standards for |
|
|
existing aboveground storage tanks and aboveground storage tanks |
|
|
brought into use on or after the effective date of the standards. |
|
|
(d) The performance standards for aboveground storage tanks |
|
|
must include specific standards for tanks in areas prone to |
|
|
flooding, storm surges, and hurricanes, including: |
|
|
(1) the need to anchor the aboveground storage tanks |
|
|
and ancillary piping; |
|
|
(2) the use of geodesic dome roofs, where appropriate; |
|
|
and |
|
|
(3) the use of floating roofs and associated drains, |
|
|
where appropriate. |
|
|
SECTION 4. The heading to Section 26.347, Water Code, is |
|
|
amended to read as follows: |
|
|
Sec. 26.347. UNDERGROUND STORAGE TANK STANDARDS. |
|
|
SECTION 5. As soon as practicable after the effective date |
|
|
of this Act, the Texas Commission on Environmental Quality shall |
|
|
adopt the standards as required by Section 26.3441, Water Code, as |
|
|
amended by this Act. |
|
|
SECTION 6. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2019. |