(a) Complete exemption. The following vessels, as defined in §338.2 of this title (relating to Definitions) including any pipe that is connected to the vessel, are not considered to be aboveground storage vessels and are exempt from the regulation of this chapter:
  (1) A vessel used in or associated with the production or gathering of crude oil or natural gas;
  (2) a vessel that is part of a stormwater or wastewater collection system;
  (3) a flow-through process vessel, including a pressure vessel or process vessel and oil and water separators;
  (4) an aboveground storage vessel operating above 0.5 pounds per square inch gauge (psig), or designed or intended to operate above 0.5 psig, as measured with a pressure gauge in the vapor space of the vessel or calculated as the total mixture vapor pressure at the storage temperature converted to gauge pressure;
  (5) heated vessels that are heated using external heat, including but not limited to steam, an electric heating element, or a heat medium such as hot oil. Heated vessels do not include vessels that contain process fluid that are received above ambient temperatures;
  (6) an intermediate bulk container or similar vessel that may be moved within a facility as defined in §338.2 of this title;
  (7) a vessel regulated under the federal Surface Mining Control and Reclamation Act (30 U.S.C. Section 1201 et seq.);
  (8) a vessel used for the storage of products regulated under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Section 301 et seq.);
  (9) a vessel, including piping and collection and treatment systems, that is used in the management of leachate, methane gas, or methane gas condensate, unless the vessel is used for storage of a regulated substance, as defined in §338.2 of this title;
  (10) a vessel or pressure vessel that is used to store liquified petroleum gas;
  (11) a vessel regulated under the U.S. Department of Transportation's Pipeline and Hazardous Materials Safety Administration (49 U.S.C. 60101 et seq.); or
  (12) a vessel regulated under 40 CFR Parts 262, 264 and 265, as incorporated into 30 TAC §§335.55, 335.112(a)(9) and 335.152(a)(8).
(b) The owner or operator of an affected aboveground storage vessel may submit a written request to the executive director for a specific aboveground storage vessel to be exempted from the requirements of this chapter. The request must provide a demonstration that the aboveground storage vessel presents a sufficiently low risk of floods, storm surges, hurricanes, accidents, fires, explosions, or other hazards so that it does not warrant regulation under this chapter. The executive director must provide written approval before the aboveground storage vessel is considered to be exempt from the requirements of this chapter.
(c) Upon request by the executive director, the owner or operator of a vessel claiming to be exempted under this section must provide appropriate documentation or other information in a timely manner to support that claim.

Source Note: The provisions of this §338.3 adopted to be effective August 24, 2023, 48 TexReg 4487