Texas Tank Truck Carriers Association, Inc.

State Agencies and Issues

• TX DOT

• TNRCC

Redundancy of TNRCC Requirements
for Leak-Tight Testing

Effective May 31, 1995, the Texas Natural Resource Conservation Commission (TNRCC) adopted 30 TAC §115.234 and §115.235 setting out the inspection requirements and the approved test methods for leak testing a trailer that hauls volatile organic compounds. Under this rule TNRCC is requiring tank trailers to be testing and a certification affixed to each trailer.

We originally reported this problem in Circular Letter 1214 which has the details.

We have been working with TNRCC and the Texas Department of Public Safety to remove this additional test and eliminate the necessity for a TNRCC certification to be affixed near the DOT certification plate. The TNRCC rules allow for test methods approved under HM-183. The "K" test marking and date appears on all trailers that are tested. The vehicle number is on the US DOT spec plate on each trailer. It is therefore duplicative and wasteful to put an additional separate certification from TNRCC on each trailer. Under 30 TAC §115.235, it states that "where applicable, the test methods described in 49 CFR 180.407 for test and inspection of specification cargo tanks are acceptable alternatives to the test methods described in Section 3 of the same article.

Section 3 refers to test method 27 (40 CFR 60, Appendix A) for determining vapor tightness of gasoline delivery tanks using pressure-vacuum tests as further described.

In a remarkable letter from TNRCC, they indicate that they will only accept test method 27, despite the fact that 40 CFR 180.407 is an acceptable alternative under their own rules. A copy of this letter from TNRCC is available to the membership upon request.

We are currently continuing our effort the change the rule interpretation of TNRCC to comply with the rules of TNRCC as written.

The Department of Public Safety has no problem with our position.