Regulatory Text: 
Chapter 115.  Control of Air Pollution from Volatile Organic Compounds.

SUBCHAPTER C : VOLATILE ORGANIC COMPOUND TRANSFER OPERATIONS

[C:2]  FILLING OF GASOLINE STORAGE VESSELS (STAGE I) FOR MOTOR VEHICLE FUEL DISPENSING FACILITIES 

Outline:
          §115.221.  Emission Specifications.
          §115.222.  Control Requirements.
          §115.223.  Alternate Control Requirements.
          §115.224.  Inspection Requirements.
          §115.225.  Testing Requirements.
          §115.226.  Recordkeeping Requirements.
          §115.227.  Exemptions.
          §115.229.  Counties and Compliance Schedules.


§115.221.  Emission Specifications.

105P  No person in the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston Areas as defined in §115.10 of this title (relating to Definitions) shall transfer, or allow the transfer of, gasoline from any tank-truck tank into a stationary storage container which is located at a motor vehicle fuel dispensing facility, unless the displaced vapors from the gasoline storage container are controlled by one of the following:

77A        (1)  a vapor recovery system which reduces the emissions of volatile organic compounds (VOC) to the atmosphere to not more than 0.8 pound per 1,000 gallons (93 mg/liter) of gasoline transferred; or

77A        (2)  a vapor balance system which is operated and maintained in accordance with the provisions of §115.222 of this title (relating to Control Requirements).

*********************** end 115.221 **************************

§115.222.  Control Requirements.

88C   For all affected persons in the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston Areas, a vapor balance system will be assumed to comply with the specified emission limitation of §115.221 of this title (relating to Emission Specifications) if the following conditions are met:

104B       (1)  the container is equipped with a submerged fill pipe as defined in §115.010 of this title (relating to Definitions).  The path through the submerged fill pipe to the bottom of the tank shall not be obstructed by a screen, grate, or similar device whose presence would preclude the determination of the submerged fill pipe's proximity to the tank bottom while the submerged fill tube is properly installed;

77A        (2)  a vapor-tight return line is connected before gasoline can be transferred into the storage container;

77A        (3)  no avoidable gasoline leaks, as detected by sight, sound, or smell, exist anywhere in the liquid transfer or vapor balance systems;

77A        (4)  the vapor return line's cross-sectional area is at least one-half (1/2) of the product drop line's cross-sectional area;

104B       (5)  until the installation of a Stage II vapor recovery system as required by §§115.241-115.249 of this title (relating to Control of Vehicle Refueling Emissions (Stage II) at Motor Vehicle Fuel Dispensing Facilities), the only atmospheric emission during gasoline transfer into the storage container is through a storage container vent line equipped either with an orifice no greater than 3/4 inch (1.9 cm) internal diameter or a pressure-vacuum relief valve set to open at a pressure of no less than eight ounces per square inch (3.4 kPa);

104B       (6)  after the installation of a Stage II vapor recovery system as required by §§115.241-115.249 of this title, the only atmospheric emission during gasoline transfer into the storage container is through a storage container vent line equipped with a pressure-vacuum relief valve set to open at a pressure of no more than eight ounces per square inch (3.4 kPa) or in accordance with the facility's Stage II system as defined in the California Air Resources Board (CARB) Executive Order(s) for the facility;

105P       (7)  the tank-truck tank is kept vapor-tight at all times until the captured vapors are discharged to a vapor recovery system, if the tank-truck tank is refilled, degassed, and/or cleaned in one of the counties in the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston areas.  The requirement to discharge the vapors remaining in the tank-truck tank after unloading to a vapor recovery system does not apply if the tank-truck tank is refilled, degassed, and/or cleaned at an operation for which control of the vapors is not required.

104B       (8)  the gauge pressure in the tank-truck tank does not exceed 18 inches of water (4.5 kPa) or vacuum exceed six inches of water (1.5 kPa);

104B       (9)  no leak, as defined in §115.10 of this title, exists from potential leak sources when measured with a combustible gas detector;

104B       (10)  any storage tank installed after November 15, 1993 which is required to install Stage I control equipment shall be equipped with a non-coaxial Stage I connection.  In addition, any modification to a storage tank existing prior to November 15, 1993 requiring excavation of the top of the storage tank shall be equipped with a non-coaxial Stage I connection, even if the original installation utilized coaxial Stage I connections.  At any facility for which a Stage II system was installed prior to November 15, 1993, the Stage I system utilized must be consistent with the relevant requirements of the CARB Executive Order for the Stage II system installed at that facility; and

104B       (11)  any motor vehicle fuel dispensing facility that becomes subject to the provisions of paragraphs (1)-(10) of this section by exceeding the throughput limits of §115.227 of this title (relating to Exemptions) shall have 120 days to come into compliance and will remain subject to the provisions of this subsection, even if its gasoline throughput later falls below exemption limits.  However, if gasoline throughput exceeds the exemption limit due to a natural disaster or emergency condition for a period not to exceed one month, upon written request, the Executive Director may grant a facility continued exempt status.

*********************** end 115.222 ************************

§115.223.  Alternate Control Requirements.

105P  For all affected persons in the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston Areas, alternate methods of demonstrating and documenting continuous compliance with the applicable control requirements or exemption criteria in this undesignated head (relating to Filling of Gasoline Storage Vessels (Stage I) for Motor Vehicle Fuel Dispensing Facilities) may be approved by the executive director in accordance with §115.910 of this title (relating to Availability of Alternate Means of Control) if emission reductions are demonstrated to be substantially equivalent.

********************* end 115.223 *************************

§115.224.  Inspection Requirements.

88C   For all affected persons in the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston Areas, the following inspection requirements shall apply:

77A        (1)  Inspections for liquid leaks, visible vapors, or significant odors resulting from gasoline transfer shall be conducted at motor vehicle fuel dispensing facilities.  Gasoline transfer shall be discontinued immediately when a leak is observed and shall not be resumed until the observed leak is repaired.

88C        (2)  The gasoline tank-truck tank must have been inspected for leaks within one year in accordance with the requirements of the undesignated head (relating to Control of Volatile Organic Compound Leaks from Gasoline Tank-Trucks), as evidenced by a prominently displayed certification affixed near the Department of Transportation certification plate.

****************** end 115.224 ***********************

§115.225.  Testing Requirements.

88C   For all affected persons in the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston Areas, compliance with §115.221 of this title (relating to Emission Specifications) or §115.222 of this title (relating to Control Requirements) shall be determined by applying the following test methods, as appropriate:

77A        (1)  Test Methods 1-4 (40 Code of Federal Regulations 60, Appendix A) for determining flow rate, as necessary;

77A        (2)  Test Method 18 (40 Code of Federal Regulations 60, Appendix A) for determining gaseous organic compound emissions by gas chromatography;

77A        (3)  Test Method 25 (40 Code of Federal Regulations 60, Appendix A) for determining total gaseous nonmethane organic emissions as carbon;

77A        (4)  Test Method 25A or 25B (40 Code of Federal Regulations 60, Appendix A) for determining total gaseous organic concentrations using flame ionization or nondispersive infrared analysis;

77A        (5)  Test Method 21 (40 Code of Federal Regulations 60, Appendix A) for determining volatile organic compound leaks; or

77A        (6)  minor modification of these test methods approved by the Executive Director.

************************ end 115.225 **********************

§115.226.  Recordkeeping Requirements.

105P  For the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/ Galveston areas, the owner or operator of any motor vehicle fuel dispensing facility subject to the control requirements of this section shall:

105P       (1)  maintain a record at the facility site of the dates on which gasoline was delivered to the dispensing facility and the identification number and date of the last leak testing, required by §115.224(2) of this title (relating to Inspection Requirements), of each tank-truck tank from which gasoline was transferred to the facility.  The records shall be kept for a period of two years; and

104B       (2)  maintain for a period of two years:

104B            (A)  a record of the results of any testing conducted at the motor vehicle fuel dispensing facility in accordance with the provisions specified in §115.225 of this title (relating to Testing Requirements); and

104B            (B)  a record of gasoline throughput for each calendar month since January 1, 1991 until such time as the facility installs a Stage II vapor recovery system as required by §§115.241-249 of this title (relating to Stage II Vapor Recovery).

******************** end 115.226 **************************

§115.227.  Exemptions.

88C   For all affected persons in the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston Areas, the following exemptions shall apply:

104B       (1)  Stationary gasoline storage containers with a nominal capacity less than or equal to 1,000 gallons (3,785 liters), at facilities for which construction began prior to November 15, 1992, are exempt from §115.221 of this title (relating to Emission Specifications) and §115.222 of this title (relating to Control Requirements).

104B       (2)  Transfers to stationary storage tanks located at a facility which has dispensed no more than 10,000 gallons of gasoline in any calendar month after January 1, 1991, and for which construction began prior to November 15, 1992, are exempt from §115.221 of this title and §115.222 of this title.

104B       (3)  Transfers to the following stationary receiving containers are exempt from the requirements of this undesignated head (relating to Stage I Filling of Gasoline Storage Vessels):

104B            (A)  containers used exclusively for the fueling of implements of agriculture; and

104B            (B)  storage tanks equipped with external floating roofs, internal floating roofs, or their equivalent.

******************* end 115.227 ***************************

§115.229.  Counties and Compliance Schedules.

104B  (a)  All affected persons in Chambers, Collin, Denton, Fort Bend, Hardin, Jefferson, Liberty, Montgomery, Orange, and Waller Counties shall be in compliance with this undesignated head (relating to Stage I Filling of Gasoline Storage Vessels) as soon as practicable, but no later than the installation of a Stage II vapor recovery system as required by §§115.241-115.249 of this title (relating to Control of Vehicle Refueling Emissions (Stage II) at Motor Vehicle Fuel Dispensing Facilities) or January 31, 1994, whichever occurs first.


104B  (b)  All affected facilities in Brazoria, Chambers, Collin, Dallas, Denton, El Paso, Fort Bend, Galveston, Hardin, Harris, Jefferson, Liberty, Montgomery, Orange, Tarrant, and Waller Counties which have dispensed more than 10,000 gallons of gasoline in any calendar month after January 1, 1991, but less than 120,000 gallons of gasoline per year, and for which construction began prior to November 15, 1992 shall be in compliance with this undesignated head (relating to Stage I Filling of Gasoline Storage Vessels) as soon as practicable, but no later than the installation of a Stage II vapor recovery system as required by §§115.241-115.249 of this title or January 31, 1994, whichever occurs first.


104B  (c)  All facilities in Brazoria, Chambers, Collin, Dallas, Denton, El Paso, Fort Bend, Galveston, Hardin, Harris, Jefferson, Liberty, Montgomery, Orange, Tarrant, and Waller Counties affected by §115.222(1) of this title, regarding the prohibition of any obstruction in the submerged fill pipe, shall be in compliance with the prohibition on submerged fill pipe obstructions as soon as practicable, but no later than:

104B       (1)  the time of Stage II vapor recovery system installation for any facility at which the Stage II installation occurred after November 15, 1993; and

104B       (2)  November 15, 1994 for any facility which has installed Stage II controls as of November 15, 1993.

***************** end 115.229 ***************************
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