SECTION 338.9. Recordkeeping

(a) General recordkeeping requirements.

(1) Owners and operators of aboveground storage vessels must develop and maintain all records required by the provisions of this chapter.

(2) Except as provided in paragraph (3) of this subsection, owners or operators must maintain legible copies of all required records pertaining to an aboveground storage vessel in a secure location on the facility premises. Electronic records may be kept off-premises. The records must be immediately:

(A) accessible for reference and use by the owner or operator; and

(B) available for inspection upon request by executive director personnel or an executive director designated agent.

(3) If an owner or operator cannot reasonably maintain copies of the required records on the facility's premises, then the owner or operator may maintain the records at a readily accessible alternate site, provided that the records are immediately:

(A) accessible for reference and use by the owner or operator; and

(B) accessible and available for inspection upon request by executive director personnel or an executive director-designated agent.

(b) Required records and documents. Owners and operators of aboveground storage vessels must meet all recordkeeping requirements in this chapter, including the following records and documentation (as applicable).

(1) Owners and operators must maintain legible printed copies or readily accessible electronic copies of the following general records for the operational life of the aboveground storage vessel:

(A) original and amended registration documents, in accordance with §338.20 of this title (relating to Registration);

(B) original and amended certifications, in accordance with §338.21 of this title (relating to Certification).

(2) Owners and operators must maintain legible printed copies or readily accessible electronic copies of records and documents demonstrating compliance with all applicable standards in §338.5 of this title (relating to Standards) in accordance with the following provisions:

(A) records supporting the implementation of the applicable sections of 40 CFR Part 68 listed in §338.5(b)(1);

(B) the Spill Prevention, Control, and Countermeasure (SPCC) Plan, and records supporting implementation of the SPCC Plan, as required by the applicable sections of 40 CFR Part 112 listed in §338.5(b)(2)(A) - (G);

(C) the Facility Response Plan, and records supporting implementation of the plan, including a facility response training program and a drill/exercise program, as required by the applicable sections of 40 CFR Part 112 listed in §338.5(b)(2)(H) and (I);

(D) records supporting the implementation of the applicable sections of API Standard 653 listed in §338.5(b)(3);

(E) records supporting the implementation of the applicable sections of API Standard 2350 listed in §338.5(b)(4);

(F) records supporting the implementation of the applicable sections of NFPA 30, Chapter 22 listed in §338.5(b)(5) and §338.5(c)(3);

(G) records supporting the implementation of the applicable sections of API Recommended Practice 2001 listed in §338.5(b)(6);

(H) records supporting the implementation of the applicable sections of API Standard 650 listed in §338.5(c)(2).

Source Note: The provisions of this §338.9 adopted to be effective August 24, 2023, 48 TexReg 4487