1. (a) General provisions.

   1. (1) All aboveground storage tanks in existence on or after September 1, 1989, shall be registered with the commission on forms supplied by or approved by the executive director, except for those tanks which:

      1. (A) are statutorily exempt from regulation under §334.123 of this title (relating to Statutory Exemptions for ASTs); or
      2. (B) are excluded from regulation by commission directive under §334.124 of this title (relating to Commission Exclusions for ASTs).
   2. (2) The owner of an aboveground 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 aboveground storage tanks subject to the registration requirements of this section shall also be subject to the annual facility fee provisions in §334.128 of this title (relating to Annual Facility Fees for ASTs), except where specifically exempted from such fee provisions. 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 aboveground storage tank subject to the provisions of this section that was in existence on September 1, 1989, shall register such tank with the commission not later than March 1, 1990, on forms supplied by or approved by the executive director.
3. (c) New or replacement tanks. Any person who owns a new or replacement aboveground storage tank subject to the provisions of this section that is placed into service on or after September 1, 1989, must register the tank with the commission on forms supplied by or approved by the executive director no later than March 1, 1990, or within 30 days from the date any petroleum product is placed into the tank, whichever is later.
4. (d) Changes or additional information. An owner of an aboveground storage tank subject to the provisions of this section shall provide written notice to the executive director of any changes or additional information concerning the status of any regulated tanks, including, but not necessarily limited to, information regarding the operational status, condition, substance stored, ownership, location of records, and number of tanks. Such notice shall be submitted on a form supplied by or approved by the executive director. Such form shall be properly completed and signed, and shall include the commission's unique facility identification number. Notice of any change or additional information shall be filed with the executive director within 30 days 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 for aboveground storage tanks.

   1. (1) Any tank owner required to submit tank registration information under subsections (a)-(d) of this section shall provide all the required information on a form supplied by or approved by the executive director 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 time frames specified in this section.
   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 aboveground storage 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 documents are submitted with new or revised registration data, the specific facility identification information (including the facility identification number, if known) shall be conspicuously indicated on each document, and all such documents shall be securely attached to and filed with the registration form.

6. (f) Registration requirements for movable aboveground storage tanks. Movable or mobile aboveground tanks which are regularly used to store petroleum products (e.g., skid tanks) shall also be registered by the owner in accordance with the provisions of this section. When such tanks are intended to be moved from one location to another on a regular basis and are not permanently part of any particular facility, then an owner may register the tanks in accordance with the following procedures.

   1. (1) For the purposes of completing the tank registration form, the owner may identify the facility location for such movable tanks as the owner's principal business address or location.
   2. (2) The owner shall continuously maintain complete and accurate records of the specific location, operational status, condition, and type of petroleum products stored at the owner's principal business address or location. At any given time, the owner's records shall include the required tank information for at least the preceding five years, except that records for any period prior to the effective date of this subchapter shall not be required. Such records shall be readily accessible and available for inspection upon request by commission personnel.
   3. (3) Any movable or mobile tank which is registered at the owner's business address or location, rather than at the actual facility location, shall be permanently and legibly labeled with the executive director's designated identification number for such tank by painting, decals, tags, or other permanent identification method.
7. (g) 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 be required to submit any such additional information within 30 days of receipt of such request.
8. (h) Registration requirements for ASTs for reimbursement. In order to be eligible for reimbursement of any 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 §334.127 adopted to be effective June 25, 1990, 15 TexReg 3424; amended to be effective November 8, 1995, 20 TexReg 8800.