What You Should Know About Above ground Storage Tanks in Texas

Aboveground storage tanks are regulated for the protection of the environment and public health. Anyone who is having ASTs installed or managing a company that owns these tanks should be aware of the regulations and how they impact their business.

Above ground storage tank regulations

TCEQ is the regulator for ASTs if they have a capacity of over 1100 gallons and contain a petroleum product. Not all ASTs are regulated in Texas by the TCEQ. If the AST meets the following criteria, it may not be regulated:

  • Capacity of 1100 gallons of product or less

  • Any tank for overflow in an emergency or spill protection used only temporarily, is emptied within 48 hours, and is inspected for release every 30 days

  • Tanks that contain diluted petroleum concentrations not usable for fuel

  • Transformer or electrical equipment used to transmit electrical current

Other tanks may be exempt as well, including farm or residential tanks under 1100-gallon capacity and tanks used for heating oil on the same premises. Tanks that are a flow-through and those associated with the development and production of oil or gas already regulated by the Railroad Commission of Texas are also exempt.

Septic tanks, surface ponds or lagoons, stormwater collection tanks are also not included in the regulations. Tanks above the floor surface in an underground location, such as a basement, are not included if the main substance is hazardous.

Anyone who wants to claim an exemption must offer evidence to support their claim. Some examples of acceptable documentation include installation records, delivery receipts, and facility plans.

Tanks must be registered by filling out form TCEQ-00659 with a separate form for each location owned with ASTs onsite. Multiple storage tanks on the same property should be included in a single form. A new form must be submitted if there are any changes which impact an AST within 30 days of the change. Some examples include ownership of the property or change in location for the records, operational status or substance contained, and number of tanks on the property.

If you want to install an additional AST or replace a current one with a new tank, you must submit a construction notification form, which is TCEQ-00495 a minimum of 30 days before you plan to begin work. When you are within 24 and 72 hours of beginning work, you must contact the TCEQ office to report the time for installation.

Recordkeeping

You must keep certain records for the life of the system. Records which should be maintained include the following:

  • Notification of construction

  • Application for approval of the proposed AST if it is located within the Edwards Aquifer recharge or transition zones

  • Information on the manufacture of the tank

  • Registration form

  • Payment receipts

Any reports or plans for suspected or confirmed releases as well as any certification

You must show a temporary delivery authorization and certificate of registration if you want to receive delivery of fuel. Once the TCEQ has received your notification of construction form, they will send you a temporary delivery authorization. You will need to attach the bill of lading to the temporary authorization, which will expire 90 days after you receive the first delivery.

Once you have received your first fuel delivery, you will need to send in a registration form within 30 days. You will receive your certificate of registration once the TCEQ receives your form. A fuel carrier will need to see your registration to deliver fuel after the 90-day grace period.

A new registration form must be completed each time a skid tank is moved unless you register it at the primary location for the business. You will need to keep records of where the tank is moved to and show compliance at the location where it is registered.

Reporting Leaks

The TCEQ requires you to report all leaks and spills if it is more than 25 gallons or if the spill causes a sheen on water. If the cleanup can’t be completed within 24 hours even if it is less than 25 gallons, it must be reported.

Operator training isn’t required for aboveground storage tanks and financial assurance isn’t necessary for AST systems.