1. (a) General provisions.

   1. (1) All underground storage tanks in existence on or after September 1, 1987, shall be registered with the commission on authorized commission forms, except for those tanks which:

      1. (A) are completely exempted or partially exempted from regulation under §334.3(a) or (b) of this title (relating to Statutory Exemptions);
      2. (B) are completely excluded or partially excluded from regulation under §334.4(a) or (c) of this title (relating to Commission Exclusions);
      3. (C) were properly registered with the commission prior to the effective date of this subchapter under the provisions of the federal Solid Waste Disposal Act, §9002, (42 United States Code §6921, et seq.), provided that the owner has submitted notice of all changes and additional information in accordance with the provisions of subsection (d) of this section;

      4. (D) have been permanently removed from service and which either:

         1. (i) were permanently removed from the ground before May 8, 1986; or
         2. (ii) remain in the ground, but were emptied, cleaned, and filled with solid inert materials on or before January 1, 1974, in accordance with accepted industry practices in effect at the time the UST was taken out of operation;

      5. (E) were out of operation and empty of regulated substances at the time of their discovery, provided that:

         1. (i) the facility owner can reasonably demonstrate no prior knowledge of the existence of the USTs; and
         2. (ii) the USTs are permanently removed from service in accordance with §334.55 of this title (relating to Permanent Removal from Service) no later than September 29, 1990, or within 60 days of their discovery, whichever is later.
   2. (2) The owner of an underground storage tank shall be responsible for compliance with the tank registration requirements of this section. An owner may designate an authorized representative to complete and submit the required registration information. However, the owner shall be held responsible for compliance with the provisions of this section by such representatives.
   3. (3) All underground storage tanks subject to the registration requirements of this section shall also be subject to the fee provisions of Subchapter B of this chapter (relating to Underground Storage Tank Fees), except where specifically exempted in this chapter. The failure by a tank owner to properly register any tanks shall not exempt the owner from such fee assessment and payment provisions.
2. (b) Existing tanks. Any person who owns an underground storage tank that was in existence on September 1, 1987, shall register such tank with the commission not later than September 1, 1987, on an authorized commission form, except for those tanks exempted and excluded under subsection (a)(1)(A)-(D) of this section.
3. (c) New or replacement tanks. Any person who owns a new or replacement underground storage tank that is placed into service on or after September 1, 1987, must register the tank with the executive director on an authorized commission form within 30 days after the date any regulated substance is placed into the tank, except for those tanks exempted or excluded under subsection (a)(1)(A)-(D) of this section.

4. (d) Changes or additional information.

   1. (1) The owner of an underground storage tank system shall provide written notice to the executive director of any changes or additional information concerning such system. Types of changes or additional information subject to this requirement shall include, but shall not necessarily be limited to, the following:

      1. (A) change in ownership, or change in ownership information (e.g., mailing address and/or telephone number);
      2. (B) change in the operational status of each tank system, (e.g., in service, temporarily out of service, removed from the ground, or permanently abandoned in-place);
      3. (C) change in the type of stored regulated substance, or change-in-service to provide for the storage of a substance other than a regulated substance;
      4. (D) installation of additional tanks and ancillary equipment at an existing facility;
      5. (E) change in the type of piping for an existing tank;
      6. (F) the addition of, or a change in the type of, internal or external corrosion protection for the tanks, piping, and/or ancillary equipment;
      7. (G) the addition of, or a change in the type of, spill and overfill prevention equipment for the tanks;
      8. (H) the addition of, or a change in the type of, release detection equipment or methods for the tanks and/or piping;
      9. (I) change in the location of documents and records for the facility; and
      10. (J) change in financial responsibility information related to the facility.
   2. (2) Notice of any change or additional information shall be submitted on an authorized commission registration form which has been completed in accordance with subsection (e) of this section. The commission's underground storage tank facility number for the facility shall be included in the appropriate space on the registration form.
   3. (3) Notice of any change or additional information shall be filed with the executive director within 30 days from the date of the occurrence of the change or addition, or within 30 days from the date on which the owner or operator first became aware of the change or addition, as applicable.

5. (e) Registration form.

   1. (1) Any tank owner required to submit tank registration information under subsections (a)-(d) of this section shall provide all the information indicated on the commission's authorized registration form for each regulated tank owned.
   2. (2) The tank registration form shall be filled out as completely and accurately as possible. Upon completion, the form shall be dated and signed by the owner or the owner's designated representative, and shall be filed with the executive director within the specified time frames.
   3. (3) All tank owners required to submit tank registration information under subsections (a)-(d) of this section shall provide the registration information for all tanks located at a particular facility on the same registration form.
   4. (4) Tank owners who own tanks located at more than one facility shall complete and file a separate registration form for each facility.
   5. (5) If additional information, drawings, or other documents are submitted with new or revised registration data, specific facility identification information (including the facility identification number, if known) shall be conspicuously indicated on each document and all such documents should be attached to and filed with the registration form.
6. (f) Inadequate information. When any of the required tank registration information submitted to the commission is determined to be inaccurate, unclear, illegible, incomplete, or otherwise inadequate, the executive director may require the owner to submit additional information. An owner shall submit any such required additional information within 30 days of receipt of such request.
7. (g) Registration requirements as a condition for reimbursement. In order to be eligible for reimbursement of corrective action expenses, the eligibility requirements relating to registration, as provided in §334.310 of this title (relating to Requirements for Eligibility) must be met.

Source Note:The provisions of this §334.7 adopted to be effective September 29, 1989, 14 TexReg 4714; amended to be effective June 25, 1990, 15 TexReg 3424; amended to be effective November 8, 1995, 20 TexReg 8800.