An official website of the United States government.

This is not the current EPA website. To navigate to the current EPA website, please go to www.epa.gov. This website is historical material reflecting the EPA website as it existed on January 19, 2021. This website is no longer updated and links to external websites and some internal pages may not work. More information »

Texas SIP: 30 TAC 115.222-115.229: Filling of Gasoline Storage Vessels (stage I) for Motor Vehicle Fuel Dispensing Facilities; SIP effective 2005.05.31 TXd52 to 2006.03.19

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

SUBCHAPTER C : VOLATILE ORGANIC COMPOUND TRANSFER OPERATIONS

[C:2]  DIVISION 2 : FILLING OF GASOLINE STORAGE VESSELS (STAGE I) FOR MOTOR VEHICLE FUEL DISPENSING FACILITIES
Approved by EPA December 20, 2000 (65 FR 79745) effective February 20, 2001 (TXd14).

Outline:
§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.


§115.222.  Control Requirements.
As adopted by TNRCC June 30, 1999, effective July 21, 1999 (5-62).
Approved by EPA December 20, 2000 (65 FR 79745) effective February 20, 2001 (TXd14).

     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:

          (1)  the container is equipped with a submerged fill pipe as defined in §101.1 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;

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

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

          (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;

          (5)  in the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston areas, 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;

          (6)  in the covered attainment counties, as defined in §115.10 of this title (relating to Definitions), 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);

          (7)  after unloading, the tank-truck tank is kept vapor-tight until the vapors in the tank-truck are returned to a loading, cleaning, or degassing operation and discharged in accordance with the control requirements of that operation;

          (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);

          (9)  no leak, as defined in §101.1 of this title, exists from potential leak sources when measured with a combustible gas detector;

          (10)  in the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston areas, 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;

          (11)  in the covered attainment counties, any storage tank installed after December 22, 1998 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 December 22, 1998 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; and

          (12)  any motor vehicle fuel dispensing facility that becomes subject to the provisions of paragraphs (1)-(11) 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 tx 115.222 a96w**********************eb2k***b2n**

§115.223.  Alternate Control Requirements.
As adopted by TNRCC June 30, 1999, effective July 21, 1999 (5-62).
Approved by EPA December 20, 2000 (65 FR 79745) effective February 20, 2001 (TXd14).

     Alternate methods of demonstrating and documenting continuous compliance with the applicable control requirements or exemption criteria in this division (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 tx 115.223 a96w**********************eb2k***b2n**

§115.224.  Inspection Requirements.
As adopted by TNRCC June 30, 1999, effective July 21, 1999 (5-62).
Approved by EPA December 20, 2000 (65 FR 79745) effective February 20, 2001 (TXd14).

     In the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston areas and in the covered attainment counties, as defined in §115.10 of this title (relating to Definitions), the following inspection requirements shall apply.

          (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.

          (2)  The gasoline tank-truck tank must have been inspected for leaks within one year in accordance with the requirements of §§115.234-115.237 of this title (relating to Control of Volatile Organic Compound Leaks from Transport Vessels), as evidenced by a prominently displayed certification affixed near the United States Department of Transportation certification plate.

***********************end tx 115.224 a96w**********************eb2k***b2n**

§115.225.  Testing Requirements.
As adopted by TNRCC June 30, 1999, effective July 21, 1999 (5-62).
Approved by EPA December 20, 2000 (65 FR 79745) effective February 20, 2001 (TXd14).

     Compliance with the emission specification and certain control requirements and inspection requirements of §§115.221, 115.222 and 115.224 of this title (relating to Emission Specifications; Control Requirements; and Inspection Requirements) shall be determined by applying one or more of the following test methods, as appropriate.

          (1)  Flow rate.  Test Methods 1-4 (40 Code of Federal Regulations (CFR) 60, Appendix A) are used for determining flow rate, as necessary.

          (2)  Concentration of volatile organic compounds.

               (A)  Test Method 18 (40 CFR 60, Appendix A) is used for determining gaseous organic compound emissions by gas chromatography.

               (B)  Test Method 25 (40 CFR 60, Appendix A) is used for determining total gaseous nonmethane organic emissions as carbon.

               (C)  Test Method 25A or 25B (40 CFR 60, Appendix A) is used for determining total gaseous organic concentrations using flame ionization or nondispersive infrared analysis.

          (3)  Leak determination by instrument method.  Use Test Method 21 (40 CFR 60, Appendix A) for determining volatile organic compound leaks.

          (4)  Minor modifications.  Minor modifications to these test methods may be used, if approved by the executive director.

***********************end tx 115.225 a96w**********************eb2k***b2n**

§115.226.  Recordkeeping Requirements.
As adopted by TNRCC June 30, 1999, effective July 21, 1999 (5-62).
Approved by EPA December 20, 2000 (65 FR 79745) effective February 20, 2001 (TXd14).

     The owner or operator of each motor vehicle fuel dispensing facility in the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston areas and in the covered attainment counties as defined in §115.10 of this title (relating to Definitions) shall maintain the following records and make them available upon request to representatives of the executive director, EPA, or any local air pollution control program with jurisdiction.  The owner or operator shall:

          (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

          (2)  maintain for a period of two years:

               (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);

               (B)  in the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston areas, 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 Control of Vehicle Refueling Emissions (Stage II) at Motor Vehicle Fuel Dispensing Facilities).  The records must contain the calendar month and year, and the total facility gasoline throughput for each calendar month; and

               (C)  in the covered attainment counties, a record of gasoline throughput for each calendar month beginning January 1, 1999, until the facility is in compliance with §115.221 and §115.222 of this title (relating to Emission Specifications; and Control Requirements).  The records must contain the calendar month and year, and the total facility gasoline throughput for each calendar month.  These records must be made available at the site during inspection by representatives of the executive director, EPA, or any local air pollution control program with jurisdiction.

***********************end tx 115.226 a96w**********************eb2k***b2n**

§115.227. Exemptions.
As adopted by TCEQ November 17, 2004, effective December 9, 2004 (5-78).
Approved by EPA March 29, 2005 (70 FR 15769) effective May 31, 2005 (TXd52).

The following exemptions apply:

(1) In the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston areas, transfers to stationary storage tanks located at a motor vehicle fuel dispensing 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 the requirements of this division (relating to Filling of Gasoline Storage Vessels (Stage I) for Motor Vehicle Fuel Dispensing Facilities), except for:

(A) §115.222(7) of this title (relating to Control Requirements);

(B) §115.222(3) of this title as it applies to liquid gasoline leaks;

(C) §115.224(1) of this title (relating to Inspection Requirements) as it applies to liquid gasoline leaks; and

(D) §115.226(2)(B) of this title (relating to Recordkeeping Requirements).

(2) In the covered attainment counties, as defined in §115.10 of this title (relating to Definitions), stationary gasoline storage containers with a nominal capacity less than or equal to 1,000 gallons at motor vehicle fuel dispensing facilities are exempt from the requirements of this division, except for:

(A) §115.222(7) of this title;

(B) §115.222(3) of this title as it applies to liquid gasoline leaks; and

(C) §115.224(1) of this title as it applies to liquid gasoline leaks.

(3) In the covered attainment counties other than Bexar, Comal, Guadalupe, Wilson, Bastrop, Caldwell, Hays, Travis, and Williamson, transfers to stationary storage tanks located at a motor vehicle fuel dispensing facility which has dispensed less than 125,000 gallons of gasoline in any calendar month after January 1, 1999 are exempt from the requirements of this division, except for:

(A) §115.222(7) of this title;

(B) §115.222(3) of this title as it applies to liquid gasoline leaks;

(C) §115.224(1) of this title as it applies to liquid gasoline leaks; and
(D) §115.226(2)(C) of this title.

(4) In Bexar, Comal, Guadalupe, Wilson, Bastrop, Caldwell, Hays, Travis, and Williamson Counties transfers to stationary storage tanks located at a motor vehicle fuel dispensing facility which has dispensed no more than 25,000 gallons of gasoline in any calendar month after December 31, 2004 are exempt from the requirements of this division (relating to Filling of Gasoline Storage Vessels (Stage I) for Motor Vehicle Fuel Dispensing Facilities), except for:

(A) §115.222(7) of this title;

(B) §115.222(3) of this title as it applies to liquid gasoline leaks;

(C) §115.224(1) of this title as it applies to liquid gasoline leaks; and

(D) §115.226(2)(C) of this title.

(5) Transfers to the following stationary receiving containers are exempt from the requirements of this division:

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

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

Adopted November 17, 2004, effective December 9, 2004 (5-78).
*****end tx 115.227*****5-78*****EPA-R06-OAR-2005-TX-0008*****TXd52*****g65**

§115.229. Counties and Compliance Schedules.
As adopted by TCEQ November 17, 2004, effective December 9, 2004 (5-78).
Approved by EPA March 29, 2005 (70 FR 15769) effective May 31, 2005 (TXd52).

(a) The owner or operator of each motor vehicle fuel dispensing facility in Brazoria, Chambers, Collin, Dallas, Denton, El Paso, Fort Bend, Galveston, Hardin, Harris, Jefferson, Liberty, Montgomery, Orange, Tarrant, and Waller Counties shall continue to comply with this division (relating to Filling of Gasoline Storage Vessels (Stage I) for Motor Vehicle Fuel Dispensing Facilities) as required by §115.930 of this title (relating to Compliance Dates).

(b) The owner or operator of each motor vehicle fuel dispensing facility in the covered attainment counties, as defined in §115.10 of this title (relating to Definitions), shall continue to comply with this division as required by §115.930 of this title.

(c) The owner or operator of each motor vehicle fuel dispensing facility in Bexar, Comal, Guadalupe, Wilson, Bastrop, Caldwell, Hays, Travis, and Williamson Counties that has dispensed at least 25,000 gallons of gasoline but less than 125,000 gallons of gasoline in any calendar month after December 31, 2004, shall comply with this division as soon as practicable, but no later than December 31, 2005.

Adopted November 17, 2004, effective December 9, 2004 (5-78)
*****end tx 115.229*****5-78*****EPA-R06-OAR-2005-TX-0008*****TXd52*****g65**
***************** end tx chapter 115 subchapter c division 2 ***********g65**