By: Paddie	H.B. No. 2780

	A BILL TO BE ENTITLED
	AN ACT
	relating to the safety of aboveground storage tanks.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 26.341(b), Water Code, is amended to
	read as follows:
	(b)  The legislature declares that it is the policy of this
	state and the purpose of this subchapter to:
	(1)  maintain and protect the quality of groundwater
	and surface water resources in the state from certain substances in
	underground and aboveground storage tanks that may pollute
	groundwater and surface water resources; [and]
	(2)  require the use of all reasonable methods,
	including risk-based corrective action, to implement this policy;
	and
	(3)  promote the safety of aboveground storage tanks by
	the adoption of performance standards for the design, construction,
	operation, and maintenance of aboveground storage tanks, with the
	objective of protecting groundwater and surface water resources in
	the event of accidents and natural disasters.
	SECTION 2.  Section 26.342, Water Code, is amended by
	amending Subdivision (1) and adding Subdivision (7-a) to read as
	follows:
	(1)  "Aboveground storage tank":
	(A)  means a stationary, nonvehicular device
	that:
	(i)  is[: (A)] made of nonearthen materials;
	(ii)  is [(B)] located on or above the
	surface of the ground or on or above the surface of the floor of a
	structure below ground such as a mineworking, basement, or vault;
	and
	(iii)  has a capacity of 21,000 gallons or
	more of a regulated substance; and
	(B)  does not include:
	(i)  a tank used in or associated with the
	production of crude oil or natural gas;
	(ii)  an aboveground storage tank operating
	above 0.5 Pounds per Square Inch Gauge;
	(iii)  heated tanks;
	(iv)  a tank that is part of a stormwater or
	wastewater collection system;
	(v)  a surface impoundment, pit, pond, or
	lagoon;
	(vi)  a flow-through process tank, including
	a pressure vessel or process vessel and oil and water separators;
	(vii)  an intermediate bulk container or
	similar tank that may be moved within a facility;
	(viii)  a tank regulated under the Surface
	Mining Control and Reclamation Act (30 U.S.C. 1201 et seq.);
	(ix)  a tank used for the storage of products
	regulated under the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
	301 et seq.);
	(x)  a tank, including piping and collection
	and treatment systems, that is used in the management of leachate,
	methane gas, or methane gas condensate, unless the tank is used for
	storage of a regulated substance;
	(xi)  a tank or pressure vessel that is used
	to store liquid petroleum gas;
	(xii)  any other tank otherwise excluded by
	the commission; or
	(xiii)  any pipe that is connected to a tank
	or other facility described in this paragraph
	[(C)  designed to contain an accumulation of
	petroleum].
	(7-a)  "National consensus standards" means any
	performance standard for aboveground storage tanks, or a
	modification thereof, which:
	(A)  has been adopted and promulgated by a
	nationally recognized standards-producing organization under
	procedures whereby it can be determined by the commission that
	persons interested and affected by the scope or provisions of the
	standard have reached substantial agreement on its adoption; and
	(B)  was formulated in a manner which afforded an
	opportunity for diverse views to be considered.
	SECTION 3.  Sections 26.344 (c), (d), and (f), Water Code,
	are amended to read as follows:
	(c)  Notwithstanding Subsection (f), an [An] interstate
	pipeline facility, including gathering lines, or an aboveground
	storage tank connected to such a facility is exempt from regulation
	under this subchapter if the pipeline facility is regulated under
	49 U.S.C. Section 60101 et seq. and its subsequent amendments or a
	succeeding law.
	(d)  Notwithstanding Subsection (f), an [An] intrastate
	pipeline facility or an aboveground storage tank connected to such
	a facility is exempt from regulation under this subchapter but is
	not exempt from performance standards adopted under Section 26.3442
	if the pipeline facility is regulated under one of the following
	state laws:
	(1)  Chapter 111, Natural Resources Code;
	(2)  Chapter 117, Natural Resources Code; or
	(3)  Subchapter E, Chapter 121, Utilities Code.
	(f)  An aboveground storage tank that is located at or is
	part of a petrochemical plant, a petroleum refinery, an electric
	generating facility, or a bulk facility as that term is defined by
	Section 26.3574(a) [of this code] is exempt from regulation under
	this subchapter but is not exempt for purposes of the fee imposed
	under Section 26.3574 or the performance standards adopted under
	Section 26.3442 [of this code].
	SECTION 4.  Section 26.3441(b), Water Code, is amended to
	read as follows:
	(b)  The commission may not develop a regulatory program for
	aboveground storage tanks that is more extensive than the
	regulatory program authorized by this subchapter and Section
	26.3442 unless additional regulation of aboveground storage tanks
	is necessary to comply or be in conformity with requirements
	adopted by the United States Environmental Protection Agency or
	with federal law.
	SECTION 5.  Subchapter I, Chapter 26, Water Code, is amended
	by adding Sections 26.3442, 26.3443, and 26.3444 to read as
	follows:
	Sec. 26.3442.  ABOVEGROUND STORAGE TANK SAFETY PROGRAM AND
	PERFORMANCE STANDARDS.  (a)  This section applies only to an
	aboveground storage tank described by Section 26.342(1).
	(b)  Not later than September 1, 2023, the commission shall
	establish an Aboveground Storage Tank Safety Program as described
	in this section to provide for the protection of public health and
	safety as well as groundwater and surface water resources from a
	release of substances from an aboveground storage tank in the event
	of an accident or natural disaster.
	(c)  In establishing the Aboveground Storage Tank Safety
	Program under this section, the commission shall include but is
	limited to critical safety elements from the following statutes and
	regulations as applicable to an aboveground storage tank:
	(1)  Clean Air Act Risk Management Plan Rule and
	Maximum Achievable Control Technology/National Emission Standards
	for Hazardous Air Pollutants program requirements;
	(2)  Resource Conservation and Recovery Act
	requirements for Treatment, Storage, and Disposal Facilities (40
	C.F.R. Parts 264/265, Subparts A-E);
	(3)  OSHA Standards for Process Safety Management,
	Emergency Action Plans, and Hazardous Waste Operations and
	Emergency Response;
	(4)  Spill Prevention, Control, and Countermeasure
	Regulations (40 C.F.R. part 112); and
	(5)  any other requirements under federal law,
	including regulations, in effect on the date on which the program is
	established or as amended.
	(d)  The Aboveground Storage Tank Safety Program under this
	section shall include but is limited to critical safety elements
	from the following national consensus standards as applicable to an
	aboveground storage tank:
	(1)  for aboveground storage tanks constructed on or
	before September 1, 2027, and currently in service:
	(A)  from API Standard 653: Tank Inspection,
	Repairs, Alteration, and Reconstruction, the commission shall
	require adherence to the protocol to applicable tanks included in
	this standard for the following:
	(i)  Section 4.3: Tank Shell Evaluation;
	(ii)  Section 4.4: Tank Bottom Evaluation;
	(iii)  Section 4.5: Tank Foundation
	Evaluation;
	(iv)  Section 6.2: Inspection Frequency
	Considerations;
	(v)  Section 6.3: Inspections from the
	Outside of the Tank;
	(vi)  Section 6.4: Internal Inspection, if
	applicable in accordance with Section 6.3;
	(vii)  Section 8: Design Considerations for
	Reconstructed Tanks; and
	(viii)  Section 9: Tank Repair and
	Alteration;
	(B)  from API Standard 2350: Overfill Protection
	for Storage Tanks in Petroleum Facilities, the commission shall
	include the following critical safety elements for aboveground
	storage tanks included in this standard:
	(i)  Section 4: Overfill Prevention Systems,
	including management systems and operational procedures before and
	after product receipt as applicable;
	(ii)  Section 5: Overfill Prevention
	Systems, including requirements for manual or automated overfill
	prevention systems as applicable, including use of remote operated
	shutoff valves;
	(iii)  the requirements referenced in
	Subparagraphs (i) and (ii) only apply to atmospheric tanks as
	specified in API Standard 2350; and
	(iv)  API 2350 assessment protocol to
	determine how to manage overfill through engineered controls,
	administrative controls, and hazard class in applicable
	quantities; and
	(C)  from National Fire Protection Association 30
	Ch. 22 or API Recommended Practice 2001, the commission shall
	require fire suppression systems on aboveground storage tanks
	subject to the applicable standard; and
	(2)  for aboveground storage tanks constructed and
	brought into service after September 1, 2027:
	(A)  all of the standards listed in Subdivision
	(1); and
	(B)  API 650: Welded Tanks for Oil Storage and
	National Fire Protection Association 30, chapter 22 and location
	standards, or an equally stringent standard as applicable to an
	aboveground storage tank.
	(e)  The applicable standard in Subsection (d)(1)(C) only
	applies to material stored at atmospheric pressure with a
	flashpoint less than or equal to 100 Fahrenheit as defined by OSHA
	Process Safety Management.
	(f)  The applicable standard in Subsection (d)(2)(B) only
	applies to atmospheric aboveground storage tanks as defined in API
	650 and does not apply to aboveground storage tanks already
	regulated or managed under OSHA Standards for Process Safety
	Management.
	(g)  The commission may require a plan to control spills from
	Atmospheric Storage Tanks that includes recommended practices in
	NFPA 30.
	(h)  An owner or operator of an aboveground storage tank
	shall assess and report to the commission its current compliance
	status with the Aboveground Storage Tank Safety Program no later
	than September 1, 2027.
	(i)  An owner or operator of an aboveground storage tank
	shall comply with the Aboveground Storage Tank Safety Program
	requirements consistent with and upon completion of the next
	regularly scheduled out-of-service maintenance of the aboveground
	storage tank by the owner or operator that occurs after September 1,
	2027. Any modifications or retrofits necessary for compliance with
	the Aboveground Storage Tank Safety Program should be made during
	these out-of-service maintenance periods as identified by the owner
	or operator unless the owner or operator makes and records a
	demonstration of infeasibility.
	(j)  The Aboveground Storage Tank Safety Program shall
	require an owner or operator of an aboveground storage tank or a
	designated third party as assigned by the owner or operator to
	certify compliance status every 10 years with the standards
	referenced in Subsections (c) and (d) as applicable.
	(k)  The Aboveground Storage Tank Safety Program under this
	section shall allow for exemptions for aboveground storage tanks
	with low risk of floods, storm surges, hurricanes, accidents,
	fires, explosions, or other hazards.
	(l)  The commission shall keep confidential information
	reported to, obtained by, or otherwise submitted to the commission
	that is subject to restrictions on dissemination under federal law,
	including but not limited to off-site consequence analysis
	information subject to Title 40, Part 1400, Code of Federal
	Regulations, or may otherwise present a security risk, if disclosed
	publicly.
	Sec. 26.3443.  CERTIFICATION FEE.  (a)  The commission by
	rule shall establish fees in amounts sufficient to recover the
	reasonable costs to:
	(1)  review certifications;
	(2)  amend certifications;
	(3)  inspect certified facilities; and
	(4)  enforce certification of compliance with
	applicable standards of Sections 26.3442(c) and (d) and the rules
	and orders adopted by this certification.
	(b)  The certification fee under Subsection (a) shall be
	deposited to the credit of an account to be named the Aboveground
	Storage Tank Safety Program Account.
	SECTION 6.  The heading to Section 26.347, Water Code, is
	amended to read as follows:
	Sec. 26.347.  UNDERGROUND STORAGE TANK STANDARDS.
	SECTION 7.  This Act takes effect September 1, 2021.