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

SUBCHAPTER C : VOLATILE ORGANIC COMPOUND TRANSFER OPERATIONS

DIVISION 3 : CONTROL OF VOLATILE ORGANIC COMPOUND LEAKS FROM TRANSPORT VESSELS
As approved by EPA March 31, 2005 (70 FR 15769) effective May 31, 2005 (TXd52).
NOTE:  The Federal Register rulemaking published January 19, 2006 (71 FR 03009) did not approve any revisions to this division.  This action merely corrected the entries for this division in the table in 40 CFR 52.2270(c).

Outline: 
§115.234.  Inspection Requirements.
§115.235.  Approved Test Methods.
§115.236.  Recordkeeping Requirements.
§115.237.  Exemptions. 
§115.239.  Counties and Compliance Schedules.


§115.234.  Inspection Requirements.
As adopted by TNRCC June 30, 1999, effective July 21, 1999 (5-69).
Approved by EPA December 20, 2000 (65 FR 79745) effective February 20, 2001 (TXd21).

     (a)  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 allow a tank-truck tank to be filled with or emptied of gasoline at any facility subject to §115.214(a)(1)(C) or §115.224(2) of this title (relating to Inspection Requirements), or filled with non-gasoline volatile organic compounds (VOC) having a true vapor pressure greater than or equal to 0.5 pounds per square inch absolute under actual storage conditions at any facility subject to §115.214(a)(1)(C) of this title, unless the tank-truck tank has passed a leak-tight test within the past year as evidenced by a prominently displayed certification affixed near the United States Department of Transportation certification plate which:

          (1)  shows the date the tank-truck tank last passed the leak-tight test required by §115.235 of this title (relating to Approved Test Methods); and

          (2)  shows the identification number of the tank-truck tank.

     (b)  No person in the covered attainment counties, as defined in §115.10 of this title, shall allow a gasoline tank-truck tank to be filled or emptied at any facility subject to §115.214(b)(1)(C) or §115.224(2) of this title unless the tank-truck tank has passed a leak-tight test within the past year as evidenced by a prominently displayed certification affixed near the United States Department of Transportation certification plate which:

          (1)  shows the date the gasoline tank-truck tank last passed the leak-tight test required by §115.235 of this title; and

          (2)  shows the identification number of the tank-truck tank.

***********************end tx 115.234 a96w**********************eb2k***b2n**

§115.235.  Approved Test Methods.
As adopted by TNRCC June 30, 1999, effective July 21, 1999 (5-69).
Approved by EPA December 20, 2000 (65 FR 79745) effective February 20, 2001 (TXd21).


     (a)  In the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston areas, the following testing requirements apply.

          (1)  The owner or operator of any tank-truck which is filled with or emptied of gasoline at any facility subject to §115.214(a)(1)(C) or §115.224(2) of this title (relating to Inspection Requirements), or which is filled with non-gasoline volatile organic compounds (VOC) at any facility subject to §115.214(a)(1)(C) of this title shall cause each such tank to be tested annually to ensure that the tank is vapor-tight.

          (2)  Any tank failing to meet the testing criteria of paragraph (1) of this subsection shall be repaired and retested within 15 days.

          (3)  Testing required in paragraph (1) of this subsection shall be conducted in accordance with the following test methods, as appropriate:

               (A)  Test Method 27 (40 Code of Federal Regulations (CFR) 60, Appendix A) for determining vapor-tightness of gasoline delivery tank using pressure-vacuum test such that the pressure in the tank must change no more than three inches of water (0.75 kPa) in five minutes when pressurized to a gauge pressure of 18 inches of water (4.5 kPa) and when evacuated to a vacuum of six inches of water (1.5 kPa); or

               (B)  minor modifications to these test methods approved by the executive director.

          (4)  For tank-truck tanks which are filled with non-gasoline VOC at a facility subject to §115.214(a)(1)(C) of this title, annual testing using the leakage test method described in 49 CFR 180.407(h) for specification cargo tanks is an acceptable alternative to Test Method 27 (40 CFR 60, Appendix A).

     (b)  In the covered attainment counties, the following testing requirements shall apply.

          (1)  The owner or operator of any tank-truck which is filled or emptied at any facility subject to §115.214(b)(1)(C) or §115.224(2) of this title shall cause each such tank to be tested annually to ensure that the tank is vapor-tight.

          (2)  Any tank failing to meet the testing criteria of paragraph (1) of this subsection shall be repaired and retested within 15 days.

          (3)  Testing required in paragraph (1) of this subsection shall be conducted in accordance with the following test methods, as appropriate:

               (A)  Test Method 27 (40 CFR 60, Appendix A) for determining vapor tightness of gasoline delivery tank using pressure-vacuum test such that the pressure in the tank must change no more than three inches of water (0.75 kPa) in five minutes when pressurized to a gauge pressure of 18 inches of water (4.5 kPa) and when evacuated to a vacuum of six inches of water (1.5 kPa); or

               (B)  minor modifications to these test methods approved by the executive director.

***********************end tx 115.235 a96w**********************eb2k***b2n**

§115.236.  Recordkeeping Requirements.
As adopted by TNRCC June 30, 1999, effective July 21, 1999 (5-69).
Approved by EPA December 20, 2000 (65 FR 79745) effective February 20, 2001 (TXd21).


     The following recordkeeping requirements shall apply.

          (1)  The owner or operator of each tank-truck subject to this division (relating to Control of Volatile Organic Compound Leaks from Transport Vessels) shall maintain records of all certification testing and repairs.  The records must be maintained for at least two years after the date the testing or repair was completed.

          (2)  The record of each Test Method 27 certification test required by paragraph (1) of this section shall, at a minimum, contain:

               (A)  company name;

               (B)  date and location of the test;

               (C)  name and title of person conducting the test;

               (D)  tank identification number;

               (E)  initial test pressure and the time of the reading;

               (F)  final test pressure and the time of the reading;

               (G)  initial test vacuum and the time of the reading; and

               (H)  final test vacuum and the time of the reading.

          (3)  Records of each leakage test conducted under §115.235(a)(4) of this title (relating to Approved Test Methods) shall be maintained as specified in 49 Code of Federal Regulations 180.417.

          (4)  Copies of all records required by this section shall be made available for review upon request by representatives of the executive director, EPA, or any local air pollution control agency with jurisdiction.

***********************end tx 115.236 a96w**********************eb2k***b2n**

§115.237.  Exemptions.
As adopted by TNRCC June 30, 1999, effective July 21, 1999 (5-69).
Approved by EPA December 20, 2000 (65 FR 79745) effective February 20, 2001 (TXd21).

     (a)  The following exemptions apply in the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston areas.

          (1)  Any tank-truck tank which is used exclusively to transport volatile organic compounds (VOC) with a true vapor pressure less than 0.5 pounds per square inch absolute under actual storage conditions is exempt from the requirements of this division (relating to Control of Volatile Organic Compound Leaks From Transport Vessels).

          (2)  Transport vessels other than tank-trucks are exempt from the requirements of this division (relating to Control of Volatile Organic Compound Leaks From Transport Vessels).

          (3)  Any tank-truck tank that is a portable tank, as defined in 49 Code of Federal Regulations 171.8, is exempt from the requirements of this division (relating to Control of Volatile Organic Compound Leaks from Transport Vessels).

     (b)  In the covered attainment counties, transport vessels other than tank-trucks are exempt from the requirements of this division (relating to Control of Volatile Organic Compound Leaks From Transport Vessels).

***********************end tx 115.237 a96w**********************eb2k***b2n**

§115.239.  Counties and Compliance Schedules.
As adopted by TCEQ December 13, 2002, effective January 17, 2003 (5-73).
Approved by EPA March 29, 2005 (70 FR 15769) effective May 31, 2005 (TXd52).

     (a)  The owner or operator of each tank-truck tank 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 Control of Volatile Organic Compound Leaks from Transport Vessels) as required by §115.930 of this title (relating to Compliance Dates).

     (b)  The owner or operator of each gasoline tank-truck tank 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.

Adopted December 13, 2002, effective January 17, 2003
*****end tx 115.239*****5-73*****EPA-R06-OAR-2005-TX-0008*****TXd52*****g65**
***************** end tx chapter 115 subchapter c division 3 ***********g65**