Texas Aboveground Storage Vessel Safety Program – What to Know Before You Register

Author: Maddy Vanlandingham

On August 2, 2023, the Texas Commission for Environmental Quality (TCEQ) promulgated 30 TAC § 338, which requires facilities in Texas to participate in the Aboveground Storage Vessel Safety (ASVS) Program. The purpose of the ASVS Program is to promote the safe design, construction, operation, and maintenance of aboveground storage vessels (ASV) to protect water resources in case of accidental releases. The regulation applies to vessels that meet the following criteria:

• Made of non-earthen materials (steel, concrete, plastic, etc.);
• Have a storage capacity of at least 21,000 gallons;
• Located on or above ground level at petrochemical plants, petroleum refineries, or bulk storage terminals; and
• Store a regulated substance as defined by the rule.

Facilities subject to the 30 TAC § 338 must register all existing covered vessels with the TCEQ on or before September 1, 2027.

What Are the Applicable Standards?

ASVs registered on the ASVS program must comply with several regulations and standards referenced in 30 TAC § 338. These standards can be roughly categorized into three groups:

• Emergency preparation, prevention, and response standards
• Design and maintenance standards
• Fire protection standards

Emergency Preparation, Prevention, and Response Standards

Prevention and timely response to accidental releases is paramount to protecting water resources from chemical contamination, so compliance with specific sections in 40 Code of Federal Regulations (CFR) Part 68 (Chemical Accident Prevention Provisions) and 40 CFR Part 112 (Oil Pollution Prevention) is a prerequisite for compliance with 30 TAC § 338. Among other safety and hazard analysis requirements, 40 CFR § 68 contains the standards for Risk Management Plans (RMPs), which detail planned response actions and potential impacts to the public and environment due to the release of regulated toxic or flammable materials into the air. Similarly, referenced parts of 40 CFR § 112 include the requirements for Spill Prevention, Control, and Countermeasure (SPCC) plans and Facility Response Plans (FRPs), which aim to prevent oil spills to navigable waters or shorelines from a facility. Compliance with these requirements may include secondary containment systems, inspections, training, or emergency response drills. Specific sections of both federal rules mentioned are called out in 30 TAC § 338, so documentation is required for each specific part to certify compliance when registering vessels for the ASVS Program. Therefore, facilities should review their RMP, SPCC, and FRP for completeness and make any necessary updates before registering vessels.

Design and Maintenance Standards

All vessels registered under the ASVS program must also comply with American Petroleum Institute (API) Standard 653 (Tank Inspection, Repair, Alteration, and Reconstruction) Sections 4, 6, and 9, as well as API Standard 2350 (Overfill Protection for Storage Tanks in Petroleum Facilities) Sections 4 and 5. Compliance with API Standard 653 involves evaluations of tank shells, bottoms, and foundations for integrity and suitability, internal and external inspections, and requirements for tank repairs and alterations. API Standard 2350 compliance includes routine maintenance and inspections of overfill prevention systems as well as programs and procedures to minimize risk of tank overflow. Similarly to the emergency response standards, facilities must have documentation on-site to prove all applicable design standards and evaluations are met.

Fire Protection Standards

All vessels must comply with either National Fire Protection Association (NFPA) 30, Chapter 22.8 (Fire Protection for Aboveground Storage Tanks) or API Recommended Practice 2001 (Fire Protection in Refineries) Sections 5 through 11. These standards involve general fire protection requirements such as good operating practices, safe design, fire suppression systems, and emergency response planning. All ASV without a fire suppression system installed must comply with API Recommended Practice 2001 Sections 5 through 11.

Exemptions

The ASVS Program offers exemptions for twelve specific types of vessels, some of which include:

• Vessels used to gather crude oil or natural gas
• Vessels that are part of a stormwater or wastewater collection system
• Intermediate bulk containers that may be moved within a facility
• Vessels used to store liquified petroleum gas
• Vessels that operate above 0.5 psig

For vessels that do not meet the criteria for complete exemptions, facilities may submit a written request for exemption that demonstrates a specific vessel presents a sufficiently low risk for release resulting from floods, storm surges, hurricanes, accidents, fires, explosions, or other hazards. All exemption requests must receive written approval from the TCEQ executive director before vessels are considered exempt from 30 TAC § 338 requirements. If claiming any exemptions, it is suggested that documentation supporting exemptions be maintained on-site for all exempt vessels in case of a TCEQ inquiry.

Key Deadlines to Know

• August 24, 2023 — Rule effective date.
• September 1, 2027 — Registration deadline for affected existing vessels (TCEQ is expected to hold workshops beginning in 2026 to assist with registration).
• September 1, 2027 — Applicable date separating “existing” vessel performance standards from more stringent “new vessel” standards.
• New vessels placed in service after September 1, 2027 must self-certify compliance within 30 days of startup.
• September 1, 2037 — Self-certification deadline for existing vessels.

What to Do Now?

To prepare for vessel registration, facilities should conduct necessary inspections and compile required records, including RMPs, FRPs, SPCCs, and any documentation needed to prove compliance with listed standards. Facilities must maintain records of original and amended registration documents and certifications for as long as the aboveground storage vessel is in use, and they must be on-site, online, or at an immediately accessible alternate site that can be inspected by TCEQ. Keep in mind that TCEQ may enter facilities subject to 30 TAC § 338 to inspect vessels or sample vessel contents. Additionally, they may direct facilities to monitor and test the air, soil, and water surrounding vessels if there is reasonable cause to believe a release has occurred. Therefore, immediate access to records and thorough proactive inspections are highly recommended.

Looking Towards Future Compliance

All ASV placed in service after September 1, 2027 must be evaluated for ASVS Program applicability. In addition to complying with all aforementioned standards and regulations, newly constructed vessels must also comply with API Standard 650 (Welded Tanks for Oil Storage) and NFPA Chapter 22 Section 4 (Location of Aboveground Storage Tanks). There is good news for existing vessels: 30 TAC § 338 has a reasonable timeline for repairs and modifications. Once issues are identified, modifications and retrofits do not need to be made until the next out-of-service maintenance period.

Registration, Certification, and Fees

Once you know you are in compliance with the required standards and have all necessary documentation, you will need to register and certify all applicable aboveground storage vessels with TCEQ by September 1, 2027. Registration is through the State of Texas Environmental Electronic Reporting System (STEERS). An overview of the registration requirements, including the official Vessel Import Spreadsheet Template, can be found on the TCEQ website. All vessels must have complete supporting documentation proving that they are in compliance with all applicable standards listed in 30 TAC 338, and any waiver requests must be accompanied by supporting documentation. A registration fee must be paid for each vessel upon STEERS submission, though payment may be delayed until November 1, 2027 if vessels are registered before September 1, 2027. Additionally, an annual fee must be paid per vessel, which will be based on all ASV registered by September 1 of each year. Currently, fees are based on vessel volume and are calculated as follows:

How ALL4 Can Help

ALL4 has extensive experience navigating the intricacies of TCEQ programs and regulatory experts on API, NFPA, SPCC, RMP, and FRP requirements. ALL4 can support your facility’s compliance with the ASVS Program in many ways, including but not limited to:

• Gap assessments to evaluate current compliance with the rule before registration
• Strategize effective paths to full compliance
• Corrective action recommendations
• Compliance tool development
• Registration document preparation
• Annual audits to review year-to-year compliance

ALL4 is always happy to help; please reach out to Andrew Hebert at ahebert@all4inc.com with any questions or inquiries around the ASVS program.