Aboveground Storage Vessels Safety Program

Types of Aboveground Storage Vessels Regulated

30 Texas Administrative Code Chapter 338 adopts the requirements of Senate Bill 900 that amended the Texas Water Code. The ASVS Program and new rules that apply to aboveground storage vessels (storage tanks) that meet the following criteria:

• are located at a petrochemical plant, a petroleum refinery, or a bulk storage terminal,
• have a capacity of 21,000 gallons (500 barrels) or more,
• store a regulated substance as defined by 30 TAC 338.2 , and
• are constructed with non-earthen materials.

Your aboveground storage tank may already be regulated by other state or federal air, water, and waste regulations and you must continue to comply with those regulations. This new ASVS Program specifically concerns safety performance standards and compliance, in addition to any other applicable state or federal regulations. To review the requirements for aboveground storage tanks containing petroleum products, see the Petroleum Storage Tanks page.

Exemptions from the ASVS Program

The following aboveground tanks are not considered storage vessels:

• Used for or associated with producing or gathering crude oil or natural gas.
• Part of a stormwater or wastewater collection system.
• Flow-through process tanks, including pressure or process vessels and oil and water separators.
• Operated above 0.5 PSIG.
• Heated tanks.
• Intermediate bulk containers that may be moved within a facility.
• Regulated under the federal Surface Mining Control and Reclamation Act.
• Used to store products regulated under the federal Food, Drug, and Cosmetic Act.
• Used for managing leachate, methane gas, or methane gas condensate, unless used for storing a regulated substance.
• Used to store liquefied petroleum.
• Regulated under the U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration.

Request for Public Comment on Draft Guidance Document

TCEQ has made a draft guidance document for the ASVS program available for public comment. Please provide feedback to assist TCEQ with refining and improving the guidance document. TCEQ must receive all comments by 5:00 p.m. on July 31, 2025, and comments should reference “ASVS Guidance Document.”

You can submit comments electronically . File size restrictions may apply to comments submitted via the TCEQ Public Comment system.

Mail written comments to:
Texas Commission on Environmental Quality, Attn: Tho Tran
Office of Compliance and Enforcement
P.O. Box 13087 - MC 174
Austin, Texas 78711-3087

After the public comment period, TCEQ may revise the guidance document, if appropriate. TCEQ will then publish the final version of the guidance document on TCEQ’s website.

For further information or clarification about the guidance document, email ASVSCompliance@tceq.texas.gov.

Timeline for the ASVS Program

• Aug. 24, 2023: Effective date. 
• Sept. 1, 2027: Registration deadline. 
• Sept. 1, 2037: Self-certification deadline for existing vessels. New vessels constructed after Sept. 1, 2027 must certify compliance within 30 days of the start date.

Goals of the Rules

The ASVS Program goals include:

• Protect groundwater and surface water in the event of an accident or natural disaster.
• Identify new safety elements that TCEQ must include in the ASVS Program.
• Define which entities are regulated.

Rule Adoption

TCEQ adopted the regulations for the ASVS Program on Aug. 2, 2023. View the rules in 30 TAC Chapter 338 . The effective date of the regulations was Aug. 24, 2023, but the deadline for registration is Sept. 1, 2027. The registration program is not yet available. TCEQ will provide details about the registration requirements via the GovDelivery updates and on this page as the information becomes available.