| (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.
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| Source Note: The provisions of this §334.127 adopted to be effective June 25, 1990, 15 TexReg 3424; amended to be effective November 8, 1995, 20 TexReg 8800; amended to be effective November 23, 2000, 25 TexReg 11442; amended to be effective May 31, 2018, 43 TexReg 3390 |
