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TCEQ denies petitions to amend potable storage tank standards; cites national consensus standards
Summary
The commission denied petitions by a tank industry petitioner to change potable water tank coating and leak‑testing requirements, concluding existing rules aligned with national standards and amendments could impose unnecessary costs or unintended consequences for public water systems.
The Texas Commission on Environmental Quality on Aug. 20 denied two petitions for rulemaking filed by an industry petitioner asking to amend 30 Texas Administrative Code §290.43(c)(6) and (c)(8), which pertain to potable water storage tank standards.
The petitions were filed by Kyle Cromer, identified in the notice as the vice president of Tank Builders, Inc. Staff and Public Interest Counsel reviewed the petitions and the executive director's response recommending denial. The executive director's response explained that the current rule requires design, fabrication, coating, testing and disinfection in accordance with current American Water Works Association (AWWA) standards and that the petitioner’s proposed amendments would either duplicate or contradict national consensus standards.
The executive director said the proposed rule change concerning coatings would effectively require a different national standard (NSF Standard 600 or similar) and would prohibit exceptions the national standards allow; staff concluded the change would not provide additional public‑health protection and could impose unnecessary costs. Regarding the proposed clarification of hydrostatic leakage testing, staff said AWWA standards already address leaking during testing and that the petition's quantitative leakage prohibition could contradict national consensus practice.
Public Interest Counsel Garrett Arthur told the commission OPIC reviewed the petitions and agreed with the executive director that the petitions were based on misunderstandings of testing methods and material needs. A commissioner moved to deny both petitions; the motion was seconded and passed.
The commission's action denies the requests to initiate rulemaking on the cited subsections and retains the current incorporation of national AWWA (and related) standards in the potable water tank rules.
