Current through Reg. 49, No. 52; December 27, 2024
(a) General provisions.
(1) All aboveground storage tanks (ASTs) in
existence on or after September 1, 1989, must be registered with the agency on
authorized agency forms in accordance with subsection (e) of this section,
except for those tanks which:
(A) are exempt
from regulation under §
334.123
of this title (relating to Exemptions for Aboveground Storage Tanks (ASTs));
or
(B) are excluded from regulation
under §
334.124
of this title (relating to Exclusions for Aboveground Storage Tanks
(ASTs)).
(2) The owner
and operator of an AST are responsible for compliance with the tank
registration requirements of this section. An owner or operator may designate
an authorized representative to complete and submit the required registration
information; however, the owner and operator remain responsible for compliance
with the provisions of this section.
(3) All ASTs subject to the registration
requirements of this section are also subject to the fee provisions in §
334.128
of this title (relating to Annual Facility Fees for Aboveground Storage Tanks
(ASTs)), except where specifically exempted from such fee provisions. The
failure by a tank owner or operator to properly or timely register any tanks
shall not exempt the owner from such fee assessment and payment
provisions.
(4) Proper completion
of the specified agency tank registration form will result in the agency's
issuance of a registration certificate for the tanks at the facility covered by
that registration. This certificate is tied to the delivery prohibitions
detailed in §
334.125
of this title (relating to General Prohibitions and Requirements for
Aboveground Storage Tanks (ASTs)).
(b) Existing tanks. Any person who owns or
operates an AST subject to the provisions of this section that was in existence
on September 1, 1989, shall register such tank with the agency not later than
March 1, 1990, on an authorized agency form.
(c) New or replacement tanks. Any person who
owns or operates a new or replacement AST subject to the provisions of this
section that is placed into service on or after September 1, 1989, must
register the tank with the agency on an authorized agency form within 30 days
from the date any petroleum product is first placed into the tank.
(d) Changes or additional information. An
owner or operator of an AST subject to the provisions of this section must
provide written notice to the agency of any changes or additional information
concerning the status of any regulated tanks, including, but not limited to,
information regarding the operational status, condition, substance stored,
ownership, location of records, and number of tanks. This notice must be
submitted on an authorized agency form which has been completed in accordance
with subsection (e) of this section. This form must be properly completed and
signed, and shall include the Texas Commission on Environmental Quality (TCEQ)
facility identification number in the appropriate space on the form. Notice of
any change or additional information must be filed with the agency within 30
days of the occurrence of the change or addition, or within 30 days from the
date on which the owner or operator first became aware of the change or
addition, as applicable.
(e)
Required form for providing AST registration information.
(1) Any AST owner or operator required to
submit tank registration information under subsections (a) - (d) of this
section must provide all the information indicated on the agency's authorized
form for each regulated AST owned.
(2) The tank registration form must be filled
out completely and accurately. Upon completion, the form must be dated and
signed by the owner, operator, or an authorized representative of the owner or
operator, and must be filed with the agency within the time frames specified in
this section.
(3) All AST owners or
operators required to submit AST registration information under subsections (a)
- (d) of this section must provide the registration information for all ASTs
located at a particular facility on the same registration form.
(4) All AST owners or operators who own or
operate ASTs located at more than one facility must complete and file a
separate registration form for each facility where regulated ASTs are located,
unless otherwise allowed under subsection (f) of this section.
(5) If additional documents are submitted
with new or revised registration data, the specific facility identification
information (including the facility identification number, if known) must be
conspicuously indicated on each document, and all such documents must be
securely attached to and filed with the registration form.
(f) Registration requirements for movable
ASTs. Movable or mobile ASTs which are regularly used to store petroleum
products (e.g., skid tanks) must also be registered by the owner or operator in
accordance with the provisions of this section. When such tanks are intended to
be moved from one location to another on a regular basis and are not
permanently part of any particular facility, then an owner or operator may
register the tanks in accordance with the following procedures:
(1) for the purposes of completing the tank
registration form, the owner or operator must identify the facility location
for such movable tanks as the owner's or operator's principal business address
or location;
(2) the owner or
operator must continuously maintain complete and accurate records of the
specific location, operational status, condition, and type of petroleum
products stored at the owner's or operator's principal business address or
location. At any given time, the records must include the required tank
information for at least the preceding five years. Such records must be readily
accessible and available for inspection upon request by agency personnel;
and
(3) any movable or mobile tank
which is registered at the owner's or operator's business address or location,
rather than at the actual facility location, must be permanently and legibly
labeled with the agency's designated identification number for such tank by
painting, decals, tags, or other permanent identification method.
(g) Inadequate information. When
any of the required AST registration information submitted to the agency is
determined to be inaccurate, unclear, illegible, incomplete, or otherwise
inadequate, the agency may require the owner and/or operator to submit
additional information. An owner and/or operator must submit any such
additional information within 30 days of receipt of such request.
(h) Temporary delivery authorization.
(1) Upon receipt of a TCEQ construction
notification form indicating pending installation of a new or replacement AST
system(s), the agency will issue a temporary delivery authorization for that
tank system(s).
(2) The temporary
delivery authorization is valid for no more than 90 days after the first
delivery of petroleum product into the new or replacement AST system.
(3) The AST owner and operator are
responsible for maintaining complete and accurate records of the date of the
first deposit of petroleum product into a new or replacement AST, as well as
the date that the initial 90-day period expires. The bill of lading for the
first delivery of regulated substance into any new or replacement AST at the
facility must be attached to the temporary delivery authorization for that
facility.
