Section 338.1 - Purpose and Applicability(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.30 Tex. Admin. Code § 338.1
Adopted by Texas Register, Volume 48, Number 33, August 18, 2023, TexReg 4513, eff. 8/24/2023