(a) Except as provided under subsection (b) of this section,
an underground storage tank (UST) shall be subject to all provisions of this
subchapter if such tank meets the general applicability requirements of §334.1(b)
of this title (relating to Purpose and Applicability).
(b) The provisions of this subchapter shall not apply to any
of the following types of UST systems:
  (1) in-ground hydraulic lifts which use a compressed air/hydraulic
fluid system (regardless of size); and
  (2) Any UST system which is covered under the partial exclusion
provisions of §334.4(b) of this title (relating to Exclusions for Underground
Storage Tanks (USTs) and UST Systems).
(c) Any UST which is specifically excluded or exempted from
the provisions of this subchapter under §334.41(b) of this title (relating
to Applicability), but which is otherwise subject to any of the remaining
provisions of this chapter, shall conform with the minimum design and operation
requirements of §334.5(a) of this title (relating to General Prohibitions
for Underground Storage Tanks (USTs) and UST systems).
(d) For the purposes of this subchapter only, a new UST system
(or new UST system) shall refer to any system for which installation has commenced
on or after September 29,1989.


Source Note: The provisions of this §334.41 adopted to be effective September 29, 1989, 14 TexReg 4714; amended to be effective November 23, 2000, 25 TexReg 11442