(a) Existing aboveground storage vessels. Any person who owns or operates an existing aboveground storage vessel, as defined in §338.2 of this title (relating to Definitions) that is in service on or before September 1, 2027, must be registered with the executive director. Facilities must register aboveground storage vessels using the method authorized by the executive director.

(b) New or replacement aboveground storage vessels. Any person who owns or operates a new or replacement aboveground storage vessel placed into service on or after September 1, 2027, must register the vessel using the method authorized by the executive director no later than 30 days after start of operation.

(c) The owner and operator of an aboveground storage vessel are responsible for compliance with the 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.

(d) All aboveground storage vessels subject to the registration requirements of this section are also subject to the fee provisions in §338.22 of this title (relating to Fees for Aboveground Storage Vessels). Failure of owner or operator to register an aboveground storage vessel shall not exempt the owner or operator from fee assessment and payment.

(e) Changes or additional information. The owner or operator of an aboveground storage vessel must provide notice to the executive director of any changes to the registration for the facility within 30 days of the occurrence of the change. The owner or operator must provide the notice using the method authorized by the executive director. Changes that require notification include, but are not limited to:

(1) the decommissioning of an aboveground storage vessel;

(2) adding a potential substance stored in an aboveground storage vessel;

(3) change in ownership of any aboveground storage vessel;

(4) compliance status of any aboveground storage vessel;

(5) the location of records for aboveground storage vessels.

(f) Registration information.

(1) An owner or operator must provide all the registration information requested by the executive director for each regulated aboveground storage vessel owned.

(2) The owner or operator must fill out the registration information completely and accurately.

(3) The owner or operator must provide the registration information for all aboveground storage vessels located at a particular facility on the same registration form.

(4) Owners or operators who own or operate aboveground storage vessels located at multiple facilities must complete and file a separate registration form for each facility.

(g) Inadequate information. If the executive director determines that the registration information submitted is inaccurate, unclear, illegible, incomplete, or otherwise inadequate, the executive director may require the owner or operator to submit additional information. An owner or operator must submit any additional information within 30 days of receipt of a request.

(h) To cancel a registration, the owner or operator must provide notice and certify that the vessel is decommissioned and is no longer subject to the definition of aboveground storage vessel as defined in §338.2 of this title. The owner or operator must provide the notice using the method authorized by the executive director. The executive director shall not approve any request to remove an aboveground storage vessel from the program until all outstanding fees for the facility are paid in full.

Source Note: The provisions of this §338.20 adopted to be effective August 24, 2023, 48 TexReg 4487