New TCEQ Rule Proposed on Regulating Storage Vessels

The rule proposal for Texas Senate Bill 900/Performance Standards for Safety at Storage Vessels (ASVS) Program, requiring the Texas Commission on Environmental Quality (TCEQ) to set safety standards, is now available for comment.

This rule requires spill prevention control and safe operation of storage tanks that are not oils covered by the Spill Prevention, Control, and Countermeasure (SPCC) Rule.

Most chemical facilities will need to go through a registration process. CEC can help assess impacts of the rule on client operations and support our clients with this endeavor. 

Because your operation may be affected, a representative from your company should consider attending one of the upcoming scheduled public hearings throughout the state to comment on the proposal or comment in writing.

The commission’s remaining public hearings on this proposed rulemaking are:

• Monday, April 3, at 6 p.m. at the TCEQ’s Corpus Christi’s regional office.
• Thursday, April 6, at 6 p.m. at the TCEQ’s Midland regional office in Conference Room A
• Monday, April 10, at 10 a.m. at TCEQ’s Central Office. This hearing will be held hybrid in-person in Building E, Room 201S and virtually.

According to the TCEQ website, the new program affects aboveground storage vessels with a capacity of 21,000 gallons (500 barrels) or more at petrochemical plants, petroleum refineries, and bulk storage terminals. A complete list of vessels affected, as well as those exempt from the proposed rule can be found here.

The TCEQ is expected to finalize the rule in August 2023. Based on the rule’s proposed schedule, new facilities will require registration and self-certification within 30 days of start up after Sept. 1, 2027. Existing facilities will require certification by Sept. 1, 2027, and self-certification by Sept. 1, 2037.

CEC will monitor the rulemaking process and will issue an update with any further changes that the TCEQ makes to the rule. If you have any questions, contact Hector Escobar at 346-378-7800 or hescobar@cecinc.com of CEC Houston.