|(a) Purpose. The goal of the Aboveground Storage Vessel
Safety (ASVS) Program is to promote the safety of affected aboveground
storage vessels, as defined in §338.2 of this title (relating
to Definitions) through the requirements of this chapter concerning
the design, construction, operation, and maintenance of aboveground
storage vessels, with the objective of protecting groundwater and
surface water resources in the event of accidents and natural disasters.
(b) Applicability. Except as specified in §338.3
of this title (relating to Exemptions) the requirements of this chapter
apply to all existing and future installed aboveground storage vessels,
as defined in §338.2 of this title (relating to Definitions)
which includes aboveground storage vessels that are made of non-earthen
materials, have a storage capacity of 21,000 gallons (based on overfill
level height) or more, store a regulated substance, and are located
at or part of a petrochemical plant, a petroleum refinery, or a bulk
storage terminal (relating to Definitions).
(c) Relationship to other regulations. Compliance with
the provisions of this chapter by an owner or operator of an aboveground
storage vessel shall not relieve the owner or operator from the responsibility
of compliance with any other laws and regulations directly and/or
indirectly affecting these aboveground storage vessels, including,
but not necessarily limited to, all applicable regulations legally
promulgated by the commission and any other federal, state, and local
governmental agencies or entities having appropriate jurisdiction.
(d) Responsibilities of owners and operators. The owners
and operators of an aboveground storage vessel subject to the provisions
of this chapter are responsible for ensuring compliance with all applicable
provisions of this chapter. Owners and operators are responsible for
any violations or noncompliant activities resulting from the actions
or inactions by any person who is employed or otherwise engaged by
the owner or operator.