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 This website is no longer updated and links to external websites and some internal pages may not work.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 115.241-115.249: Control of Vehicle Refueling Emissions (stage II) at Motor Vehicle Fuel Dispensing Facilities; SIP effective 2006.03.20 TXd73 to 2014-04-15

Regulatory Text: 
Texas Chapter 115 - Control of Air Pollution From Volatile Organic Compounds

Subchapter C:  Volatile Organic Compound Transfer Operations 

DIVISION 4:  CONTROL OF VEHICLE REFUELING EMISSIONS (STAGE II) AT MOTOR VEHICLE FUEL DISPENSING FACILITIES
As approved by EPA January 19, 2006 (71 FR 03009), effective March 20, 2006 (TXd73).

Outline:
§115.240.  Stage II Vapor Recovery Definitions and List of California Air Resources Board Certified Stage II Equipment. 5-81, TXd73
§115.241.  Emission Specifications. 5-72, TXd52
§115.242.  Control Requirements. 5-81, TXd73
§115.243.  Alternate Control Requirements. 5-81, TXd73
§115.244.  Inspection Requirements. 5-72, TXd52
§115.245.  Testing Requirements. 5-81, TXd73
§115.246.  Recordkeeping Requirements. 5-72, TXd52
§115.247.  Exemptions. 5-72, TXd52
§115.248.  Training Requirements. 5-81, TXd73
§115.249.  Counties and Compliance Schedules. 5-81, TXd73


§115.240.  Stage II Vapor Recovery Definitions and List of California Air Resources Board Certified Stage II Equipment.
As adopted by TCEQ March 23, 2005, effective  April 13, 2005 (5-81).
Approved by EPA January 19, 2006 (71 FR 03009) effective March 20, 2006 (TXd73).

     (a)  The following words and terms, when used in this division, have the following meanings, unless the context clearly indicates otherwise.  Additional definitions for terms used in this division are found in §§115.10, 101.1, and 3.2 of this title (relating to Definitions).

          (1)  Major system replacement or modification:

                    (A)  the repair or replacement of any stationary storage tank equipped with a Stage II vapor recovery system;

                    (B)  the replacement of an existing California Air Resources Board (CARB) certified Stage II vapor recovery system with a system certified by CARB under a different CARB Executive Order, or certified by an approved third-party;

                    (C)  the repair or replacement of any part of a piping system attached to a stationary storage tank equipped with a Stage II vapor recovery system, excluding the repair or replacement of piping which is accessible for such repair or replacement without excavation or modification of the vapor recovery equipment; or

                    (D)  the replacement of at least one fuel dispenser.

          (2)  Onboard refueling vapor recovery - A system on motor vehicles designed to recover hydrocarbon vapors that escape during refueling.

          (3)  Onboard refueling vapor recovery compatible - A Stage II vapor recovery system certified by CARB or other acceptable independent third-party evaluator, using test methods approved by the executive director, as onboard refueling vapor recovery (ORVR) compatible or a system listed in subsection (b) of this section, either of which maintains a required minimum overall system efficiency of 95% (as certified under third-party evaluation) while dispensing fuel without difficulty to both ORVR-equipped and non ORVR-equipped vehicles.

          (4)  Owner or operator of a motor vehicle fuel dispensing facility - Any person who owns, leases, operates, or controls the motor vehicle fuel dispensing facility.

     (b)  The table contained in this subsection is a list of the Stage II vapor recovery systems certified by a CARB Executive Order in effect as of January 1, 2002.

CARB Certified Stage II Vapor Recovery Systems In Effect as of January 1, 2002
 

CARB Executive Order Number                       Certified System
G-70-25-AA Recertification of the Atlantic Richfield Balance
Phase II Vapor Recovery System
G-70-33-AB Certification of the Modified Hirt VCS-200 Vacuum Assist
Phase II Vapor Recovery System
G-70-36-AD Modification of Certification of the OPW Balance 
Phase II Vapor Recovery System
G-70-37-B Modification of Certification of the Chevron Balance 
Phase II Vapor Recovery System with OPW nozzles for Service
G-70-38-AB Recertification of the Texaco Balance Phase II Vapor Recovery System
G-70-48-AA Recertification of the Mobil Oil Balance Phase II Vapor Recovery System
G-70-49-AA Recertification of the Union Balance Phase II Vapor Recovery System
G-70-52-AM Certification of Components for Red Jacket, Hirt, and
Balance Phase II Vapor Recovery System
G-70-53-AA Recertification of the Chevron Balance Phase II Vapor Recovery System
G-70-70-AC Certification of the Healy Phase II Vapor Recovery System for Service Stations
G-70-77 Certification of the OPW Repair/Replacement Parts and Modification of the Certification of the OPW Balance Phase II Vapor Recovery System
G-70-78 Certification of the E-Z Flo Nozzle Company Rebuilt Vapor Recovery Nozzles and Vapor Recovery Components
G-70-101-B Certification of the E-Z Flo Model 3006 and 3007 Vapor Recovery Nozzles and Use of E-Z Flo Components with OPW Models 11VC and 11VE Vapor Recovery Nozzles
G-70-107 Certification of Rainbow Petroleum Products Model RA3003, 
RA3005, RA3006 and RA3007 Vapor Recovery Nozzles 
and Vapor Recovery Components
G-70-110 Certification of Stage I and II Vapor Recovery Systems for Methanol Fueling Facilities
G-70-116-F ConVault Aboveground Tank Vapor Recovery System
G-70-118-AB Certification of the Amoco V-1 Vapor Recovery System
G-70-125-AA Modification of Certification of the Husky Model V Balance 
Phase II Vapor Recovery Nozzle
G-70-127 Certification of the OPW Model 111-V Phase Vapor Recovery Nozzle
G-70-128 Bryant Fuel Cell Aboveground Tank Vapor Recovery System
G-70-130A Petrovault Aboveground Tank Vapor Recovery System
G-70-131A Tank Vault Aboveground Tank Vapor Recovery System
G-70-132-A Supervault Aboveground Tank Vapor Recovery System
G-70-132-B Supervault Aboveground Tank Vapor Recovery System
G-70-134 Certification of the E-Z Flo Rebuilt A-4000 Series and 11V-Series Vapor Recovery Nozzle
G-70-136 FireSafe Aboveground Tank Vapor Recovery System
G-70-137 FuelSafe Aboveground Tank Vapor Recovery System
G-70-138 Phase II Vapor Recovery Systems Installed on Gasoline Bulk Plants/Dispensing Facilities with Aboveground Tanks
G-70-139 Addition to the Certification of the Hirt Model Phase II Vapor Recovery System
G-70-140-A Integral Phase I and Phase II Aboveground Configurations with the Healy Phase II Vapor Recovery System
G-70-142-B Phase I Vapor Recovery System for Aboveground Gasoline Storage Tanks
G-70-143 P/T Vault Aboveground Tank Vapor Recovery System
G-70-148-A Lube Cube Aboveground Tank Vapor Recovery System
G-70-150-AE Modification to the Certification of the Marconi Commerce Systems, Inc. (MCS) "Formerly Gilbarco" VaporVac Phase II Vapor Recovery System
G-70-152 Moiser BrothersTanks and Manufacturing Aboveground Tank Vapor Recovery System
G-70-153-AD Modification to the Certification of the Dresser/Wayne 
WayneVac Phase II Vapor Recovery System
G-70-154-AA Modification to the Certification of the Tokheim MaxVac 
Phase II Vapor Recovery System
G-70-155 Petroleum Marketing Aboveground Tank Vapor Recovery System
G-70-156 Ecovault Aboveground Tank Vacuum Assist Vapor Recovery System
G-70-157 Ecovault Aboveground Tank Balance Vapor Recovery System
G-70-158-A Firesafe Aboveground Tank Vapor Recovery System
G-70-159-AB Modification to the Certification of the Saber Nozzle 
for Use with the Gilbarco VaporVac Phase II Vapor Recovery System
G-70-160 Above Ground Tank Vault Vapor Recovery System
G-70-161 Hoover Containment Systems, Incorporated Aboveground Tank Vapor Recovery System
G-70-162-A Steel Tank Institute Fireguard Aboveground Tank Vapor Recovery System
G-70-163-AA Certification of the OPW VaporEZ Phase II Vapor Recovery System
G-70-164-AA Modification to the Certification of the Hasstech VCP-3A
Vacuum Assist Phase II Vapor Recovery System
G-70-165 Healy Vacuum Assist Phase II Vapor Recovery System
G-70-167 EnviroVault Aboveground Tank Vapor Recovery System
G-70-168 Bryant Fuel Systems Phase I Vapor Recovery System
G-70-169-AA Modification to the Certification of the Franklin Electric 
INTELLIVAC Phase II Vapor Recovery System
G-70-170 Certification of the E-Z Flo Rebuilt 5005 and 5015 Nozzles 
for use with the Balance Phase II Vapor Recovery System
G-70-175 Hasstech VCP-3A Vacuum Assist Phase II Vapor Recovery System for Aboveground Tank Systems
G-70-177-AA Modification to the Certification of the Hirt VCS400-7 
Vacuum Assist Phase II Vapor Recovery System
G-70-179 Certification of the Catlow ICVN-V1 Vacuum Assist
 Phase II Vapor Recovery System
G-70-180 Order Revoking Certification of Healy Phase II Vapor Recovery 
Systems for Gasoline Dispensing Facilities
G-70-181 Hirt VCS400-7 Bootless Nozzle Phase II Vapor Recovery System for Aboveground Storage Tank Systems
G-70-183-AA Relating to Language Correction in Existing 
Executive Order G-70-183 (Healy/ Franklin System)
G-70-186 Certification of the Healy 400 ORVR Vapor Recovery System
G-70-187 Healy Model 400 ORVR Vapor Recovery System Aboveground Tank Systems
G-70-188 Certification of the Catlow ICVN Vapor Recovery Nozzle System
 for use with the Gilbarco VaporVac Vapor Recovery System
G-70-190 Guardian Containment, Corporation Armor Cast Aboveground Tank Vapor Recovery System
G-70-191-AA Relating to Language Correction in Existing Executive Order
 G-70-191 (Healy 600 ORVR/800)
G-70-192 Certification of the Healy Model 400 ORVR Nozzle for Existing Aboveground Storage Tank Systems
G-70-193 Certification of the Hill-Vac Vapor Recovery System for Cargo Tank Motor Vehicle Fueling Systems
G-70-194 Containment Solutions Hoover Vault Aboveground Vapor Recovery System
G-70-195 Cretex Companies, Inc FuelVault Aboveground Tank Vapor Recovery System
G-70-196 Certification of the Saber Technologies, LLC
SaberVac VR Phase II Vapor Recovery System
G-70-197 Synchrotek Fastflo 3 Phase II Vapor Recovery System
G-70-200 Oldcastle Aboveground Below-Grade Fuel Vault with Balance Vapor Recovery System and Buried Vapor Return Piping
G-70-201 Oldcastle Aboveground Below-Grade Fuel Vault with Balance Vapor Recovery System and Trenched Vapor Return Piping
G-70-202 Oldcastle Aboveground Below-Grade Fuel Vault with Gilbarco VaporVac Phase II Recovery System and Trenched Vapor Return Piping


Adopted March 23, 2005, Effective April 13, 2005 (5-81).
*****end tx 115.240*****5-81*****EPA-R06-OAR-2005-TX-0014*****TXd73*****g69**


§115.241.  Emission Specifications.
As adopted by TCEQ November 6, 2002, effective November 27, 2002 (5-72).
Approved by EPA March 29, 2005 (70 FR 15769) effective May 31, 2005 (TXd52).

     No person in the counties listed in §115.249 of this title (relating to Counties and Compliance Schedules) shall transfer or allow the transfer of gasoline from any stationary storage container into a motor vehicle fuel tank, unless an approved Stage II vapor recovery system has been installed which is certified to reduce the emissions of volatile organic compound to the atmosphere by at least 95%.

Adopted November 6, 2002, effective November 27, 2002 (5-72)
*****end tx 115.241*****5-72*****EPA-R06-OAR-2005-TX-0008*****TXd52*****g65**


§115.242.  Control Requirements.
As adopted by TCEQ March 23, 2005, effective  April 13, 2005 (5-81).
Approved by EPA January 19, 2006 (71 FR 03009) effective March 20, 2006 (TXd73).

     For all persons in the counties listed in §115.249 of this title (relating to Counties and Compliance Schedules) and affected by this division (relating to Control of Vehicle Refueling Emissions (Stage II) at Motor Vehicle Fuel Dispensing Facilities), a vapor recovery system will be assumed to comply with the specified emission limitation of §115.241 of this title (relating to Emission Specifications) if the following conditions are met.

          (1)  The facility is equipped with a Stage II vapor recovery system certified by a California Air Resources Board (CARB) Executive Order in effect as of January 1, 2002 (as specified in §115.240(b) of this title (relating to Stage II Vapor Recovery Definitions and List of California Air Resources Board Certified Stage II Equipment)); or certified by a CARB Executive Order in effect after January 1, 2002, except that the executive director reserves the right to continue to recognize any CARB Executive Orders decertified after January 1, 2002; or certified by an alternative procedure which meets the requirements specified in §115.243 of this title (relating to Alternate Control Requirements).  In addition:

               (A)  Stage II vapor recovery balance systems which include vapor check valves in a location other than the nozzle may not be installed;

               (B)  Stage II vapor recovery systems which include dual-hang (non-coaxial) hoses may not be installed; and

               (C)  all Stage II vapor recovery systems must be onboard refueling vapor recovery (ORVR) compatible, as defined in §115.240 of this title in accordance with the schedules in §115.249 of this title.

          (2)  All underground piping must be installed by a person holding a valid License A as defined in §§334.401, 334.407, and 334.424 of this title (relating to License and Registration Required; Other Requirements for an Underground Storage Tank Container; and Other Requirements for an On-Site Supervisor).  Piping specifications must be in compliance with the applicable CARB Executive Order(s) or third-party certification for the Stage II vapor recovery system.  For any facility newly constructed after November 15, 1993, or at any facility undergoing a major modification to the Stage II vapor recovery system after November 15, 1993, the following requirements apply where piping specifications are not provided in the applicable CARB Executive Order(s) or third-party certification.

               (A)  All underground piping must be constructed of rigid material and conform to the applicable portions of the technical standards for new piping defined by §334.45(c) and (e) of this title (relating to Technical Standards for New Underground Storage Tank Systems).

               (B)  Noncorrodible piping or cathodically protected metallic piping must be used.  In the event metallic piping is used, the applicable portions of the general requirements for corrosion protection defined by §334.49(a)(1) - (5) and (c)(1) - (4) of this title (relating to Corrosion Protection) apply.

               (C)  Minimum slope on vapor piping must be 1/8 inch per foot from the dispenser to the storage tank.  Piping installed after January 1, 2002 must not include liquid collection points (condensate traps) unless the associated underground storage tanks:

                    (i)  were installed prior to November 15, 1992; and

                    (ii)  are not at sufficient depth to allow for minimum slope requirements.
               (D)  Vapor piping on balance systems must be two inches or greater in diameter, and when there are more than four fueling points connected to one vapor line, the minimum vapor piping size must be three inches in diameter.  For the purposes of this paragraph, a single nozzle dispenser constitutes one fueling point and a multi-nozzle dispenser constitutes two fueling points.

               (E)  Riser piping must have a minimum inside diameter of one inch and must slope towards the storage tank at all points.  Riser piping is defined as the predominantly vertically oriented vapor recovery piping that enters the gasoline dispenser base, which connects the dispenser mounted piping with the buried vapor recovery piping that leads to one or more storage tanks.

               (F)  If a fire protection agency with jurisdiction requires a vapor shear valve on the vapor return line at the base of a dispenser, the shear valve must be CARB-certified and/or Underwriters Laboratories listed for use in vapor recovery systems.

          (3)  The owner or operator shall maintain the Stage II vapor recovery system in proper operating condition, as specified by the manufacturer and/or any applicable CARB Executive Order(s) or third-party certification, and free of defects that would impair the effectiveness of the system, including, but not limited to:

               (A)  absence or disconnection of any component that is a part of the approved system;

               (B)  a vapor hose that is crimped or flattened such that the vapor passage is blocked, or the backpressure through the vapor system exceeds the value as certified in the approved system's CARB Executive Order(s) or third-party certification;

               (C)  a nozzle boot that is torn in one or more of the following ways:

                    (i)  a triangular-shaped or similar tear more than 1/2 inch on a side;

                    (ii)  a hole more than 1/2 inch in diameter; or

                    (iii)  a slit more than one inch in length;

               (D)  for balance nozzles, a faceplate that is damaged such that the capability to achieve a seal with a fill pipe interface is affected for a total of at least one-fourth of the circumference of the faceplate;

               (E)  for booted nozzles in vacuum assist type systems, a flexible cone for which a total of at least one-fourth of the cone is damaged or missing;

               (F)  a nozzle shut-off mechanism that malfunctions in any manner;

               (G)  vapor return lines, including such components as swivels, anti-recirculation valves, and underground piping, that malfunction, are blocked, or are restricted such that the pressure decay and/or dynamic backpressure through the line exceeds the value as certified in the approved system's CARB Executive Order(s) or third-party certification;

               (H)  a vapor processing or control unit that is inoperative or defective;

               (I)  a vacuum producing device that is inoperative or defective;

               (J)  pressure/vacuum relief valves, vapor check valves, or Stage I dry breaks that are inoperative or defective;

               (K)  a system monitor or printer that is malfunctioning or out of paper;

               (L)  a nozzle, hose, break-away, or any other component that is not approved for use with the certified vapor recovery system in use; and

               (M)  any equipment defect that is identified in the certification of an approved system as substantially impairing the effectiveness of the system in reducing refueling vapor emissions.

          (4)  No gasoline leaks, as detected by sampling, sight, sound, or smell, exist anywhere in the dispensing equipment or Stage II vapor recovery system.

          (5)  Upon identification of any of the defects described in paragraphs (3) and (4) of this section, the owner or operator or his or her representative shall remove from service all dispensing equipment for which vapor recovery has been impaired.  The impaired equipment must remain out of service until such time as the equipment has been properly repaired, replaced, or adjusted, as necessary.  Once repaired, the equipment may be returned to service by the owner or operator or his or her representative.

          (6)  Upon identification of any of the defects described in paragraphs (3) and (4) of this section, any inspector with jurisdiction shall tag the impaired equipment out-of-order.  The "Out-of-Order" tag must state "use of this device is prohibited under state law, and unauthorized removal of this tag or use of this equipment will constitute a violation of the law punishable by a maximum civil penalty of up to $25,000 per day or a maximum criminal penalty of $50,000 and/or up to 180 days in jail."  The impaired equipment must remain out of service until such time as the equipment has been properly repaired, replaced, or adjusted, as necessary.  After repairs are completed and verbal notification is given to the agency that originally tagged the equipment out of service, the “Out-of-Order” tag may be removed by the owner or operator or the facility representative and the equipment may be returned to service.  Within ten days of placing the equipment back in service, written notification that the equipment has been returned to service must be provided by the owner or operator or the facility representative to the agency that originally tagged the equipment out- of-service.   For the purposes of this paragraph, "facility representative" has the meaning ascribed to it in §115.248(1) of this title (relating to Training Requirements).

          (7)  No person shall repair, modify, or permit the repair or modification of the Stage II vapor recovery system or its components such that they are different from their approved configuration, and only original equipment manufacturer (OEM) parts or CARB-certified non-OEM aftermarket parts shall be used as replacement parts.

          (8)  No person shall tamper with, or permit tampering with, any part of the Stage II vapor recovery system in a manner that would impair the operation or effectiveness of the system.

          (9)  The owner or operator of a motor vehicle fuel dispensing facility shall post operating instructions conspicuously on the front of each gasoline dispensing pump equipped with a Stage II vapor recovery system.  These instructions, at a minimum, include:

               (A)  a clear description of how to correctly dispense gasoline using the system; and

               (B)  a warning against attempting to continue to refuel after initial automatic shutoff of the system (an indication that the vehicle fuel tank is full).

          (10)  Any motor vehicle fuel dispensing facility that does not meet an exemption in §115.247 of this title (relating to Exemptions) shall have 120 days to come into compliance with the provisions of this division and will remain subject to the provisions of this division even if its gasoline throughput later falls below throughput limits, except that:

               (A)  at a facility exempted under §115.247(2) of this title for which an exceedance occurred between January 1, 1991, and November 15, 1992, the owner or operator may petition the executive director to permit a continuance of the facility's exempt status provided that the average monthly throughput calculated from January 1, 1991, to November 15, 1992, remained below 10,000 gallons.  If exempt status is continued by the executive director, the annual verification of exempt status as required in §115.247(2) of this title must be fulfilled; and

               (B)  at a facility exempted under §115.247(2) of this title for which an exceedance occurred for any consecutive 30-day period due to an emergency condition or natural disaster after November 15, 1992, the owner or operator may petition the executive director to permit the continuance of the facility's exempt status or extended compliance schedule status.  If exempt status is continued by the executive director, the requirement of annual verification of the status as stated in §115.247(2) of this title must be fulfilled.

          (11)  Any facility having installed Stage II vapor recovery system(s) or component(s) previously certified by CARB via an Executive Order, for which certification was revoked by CARB, prior to January 1, 2002, must install and have operational an approved system(s) or component(s) as referenced in paragraph (1) of this section as soon as practicable, but no later than September 1, 2006.

          (12)  After November 15, 1993, the owner or operator shall provide written notification of any Stage II vapor recovery system installation to the appropriate regional office and any local air pollution program with jurisdiction at least 30 days prior to start of construction.  The information in the notification shall include, but is not limited to:

               (A)  facility name, location (physical and mailing address); name, address, and phone number of owner(s) and operator(s); name and phone number of owner's representative; name, address, and phone number of contractor(s); and the Petroleum Storage Tank Facility ID number and Owner ID number (if known);

               (B)  proposed start date; and

               (C)  type of Stage II system to be installed, including CARB Executive Order number(s) or third-party certification number(s) and the number of gasoline nozzles at the facility.

Adopted March 23, 2005, Effective April 13, 2005 (5-81).
*****end tx 115.242*****5-81*****EPA-R06-OAR-2005-TX-0014*****TXd73*****g69**


§115.243.  Alternate Control Requirements.
As adopted by TCEQ March 23, 2005, effective  April 13, 2005 (5-81).
Approved by EPA January 19, 2006 (71 FR 03009) effective March 20, 2006 (TXd73).

     Alternate methods of complying with §115.242(1) of this title (relating to Control Requirements) may be approved by the executive director if:

          (1)  emission reductions are demonstrated to be equivalent or greater than those afforded by the requirements in §115.242(1) of this title; and

          (2)  the Stage II vapor recovery system is capable of meeting the applicable performance requirements prescribed in this division (relating to Control of Vehicle Refueling Emissions (Stage II) at Motor Vehicle Fuel Dispensing Facilities), as certified by third-party evaluation conducted by a qualified independent testing organization using a code or standard of practice, acceptable to the executive director, which has been developed by a nationally recognized agency, association, or independent testing laboratory.

Adopted March 23, 2005, Effective April 13, 2005 (5-81).
*****end tx 115.243*****5-81*****EPA-R06-OAR-2005-TX-0014*****TXd73*****g69**


§115.244.  Inspection Requirements.
As adopted by TCEQ November 6, 2002, effective November 27, 2002 (5-72).
Approved by EPA March 29, 2005 (70 FR 15769) effective May 31, 2005 (TXd52).

     The owner or operator of any motor vehicle fuel dispensing facility subject to the control requirements of this division (relating to Control of Vehicle Refueling Emissions (Stage II) at Motor Vehicle Fuel Dispensing Facilities) shall conduct daily inspections of the Stage II vapor recovery system for the defects specified in §115.242(3) and (4) of this title (relating to Control Requirements) as follows.

          (1)  For all systems, the daily inspections shall include the applicable portions of §115.242(3)(A) - (F), (H), and (K), and (4) of this title.

          (2)  For assist systems that use a processor, indicating mechanisms designed by the Stage II vapor recovery equipment manufacturer to verify proper operation shall be inspected daily.  Examples of these indicating mechanisms include flame detection sensors, remote (from the processor) visual or audible displays indicating system operation, or other means as described in the applicable Executive Order for the system.

          (3)  For all systems, the components listed in §115. 242(3)(J) of this title shall be inspected at least monthly.

          (4)  For all systems, the components listed in §115.242(3)(G) of this title shall be inspected at least annually.

Adopted November 6, 2002, effective November 27, 2002 (5-72)
*****end tx 115.244*****5-72*****EPA-R06-OAR-2005-TX-0008*****TXd52*****g65**


§115.245.  Testing Requirements.
As adopted by TCEQ March 23, 2005, effective  April 13, 2005 (5-81).
Approved by EPA January 19, 2006 (71 FR 03009) effective March 20, 2006 (TXd73).

     For all affected persons, compliance with §115.241 and §115.242 of this title (relating to Emission Specifications and Control Requirements) shall be determined at each facility by testing as follows.

          (1)  Within 30 days of installation, at least once every 36 months thereafter, and upon major system replacement or modification, Stage II vapor recovery systems must successfully meet the performance criteria proper to the system by successfully completing the following testing requirements using the test procedures as found in the commission’s Vapor Recovery Test Procedures Handbook (test procedures handbook) (RG-399, November 2002).

               (A)  For balance and assist systems:

                    (i)  the manifolding or interconnectivity of the vapor space must be consistent with the Executive Order or third-party certification requirements for the installed system (Texas test procedure TXP-101 or equivalent);

                    (ii)  the sum of the vapor leaks in the system must not exceed acceptable limits for the system as defined in the pressure decay test (Texas test procedure TXP-102 or equivalent);

                    (iii)  the maximum acceptable backpressure through a given vapor path must not exceed the limits as found in the backpressure/liquid blockage test applicable for the vapor path for the system (Texas test procedure TXP-103 or equivalent); and

                    (iv)  the maximum gasoline flow rate through the nozzle must not exceed the limits found in the Executive Order or third-party certification for the system (Texas test procedure TXP-104 or equivalent).

               (B)  For bootless nozzle assist systems, the volume-to-liquid ratio (V/L ratio) or air-to-liquid ratio (A/L ratio) must be within acceptable limits (Texas test procedure TXP-106 or equivalent).

               (C)  Each system must meet minimum performance criteria specific to the individual system as defined in the California Air Resources Board (CARB) Executive Order or third-party certification.  The criteria and test methods contained in the test procedures handbook specified in paragraph (1) of this section must take precedence for applicable tests where performance criteria exist in both the Executive Order and the test procedures handbook; otherwise, the Executive Order specific criteria must take precedence.

          (2)  Verification of proper operation of the Stage II equipment must be performed in accordance with the test procedures referenced in paragraph (1) of this section at least once every 12 months.  The verification must include all functional tests that were required for the initial system test, except for TXP-101, Determination of Vapor Space Manifolding of Vapor Recovery Systems at Gasoline Dispensing Facilities, and TXP-103, Determination of Dynamic Pressure Performance (Dynamic Back-Pressure) of Vapor Recovery Systems at Gasoline Dispensing Facilities, which must be performed at least once every 36 months.

          (3)  The owner or operator, or his or her representative, shall provide written notification to the appropriate regional office and any local air pollution program with jurisdiction of the testing date and time and of whom will conduct the test.  The notification must be received by the appropriate regional office and any local air pollution program with jurisdiction at least ten working days in advance of the test, and the notification must contain the information and be in the format as found in the test procedures handbook.  Notification may take the form of a facsimile or telecopier transmission, as long as the facsimile is received by the appropriate regional office and any local air pollution program with jurisdiction at least ten working days prior to the test and it is followed up within two weeks of the transmission with a written notification.  The owner or operator, or his or her representative, shall give at least 24-hour notification to the appropriate regional office and any local air pollution program with jurisdiction if a scheduled test is cancelled.  In the event that the test cancellation is not anticipated prior to 24 hours before the scheduled test, the owner or operator, or his or her representative, shall notify the appropriate regional office and any local air pollution program with jurisdiction as soon in advance of the scheduled test as is practicable.

          (4)  Minor modifications of these test methods may only be used if they have been approved by the executive director.

          (5)  All required tests must be conducted either in the presence of a Texas Commission on Environmental Quality or local program inspector with jurisdiction, or by a person who is registered with the executive director to conduct Stage II vapor recovery tests.  The requirement to be registered shall begin on November 15, 1993, or 60 days after the executive director has established the registry, whichever occurs later.  The executive director may remove an individual from the registry of testers for any of the following causes:

               (A)  the executive director can demonstrate that the individual has failed to conduct the test(s) properly in at least three separate instances; or

               (B)  the individual falsifies test results for tests conducted to fulfill the requirements of this section.

          (6)  The owner or operator, or his or her representative, shall submit the results of all tests required by this section to the appropriate regional office and any local air pollution control program with jurisdiction within ten working days of the completion of the test(s) using the format specified in the test procedures handbook.  For purposes of on-site recordkeeping, the Test Procedures Results Cover Sheet, properly completed with the summary of the testing, is acceptable.  The detailed results from each test conducted along with a properly completed summary sheet, as provided for in the test procedures handbook, must be submitted to the appropriate regional office and any local air pollution control program with jurisdiction.

Adopted March 23, 2005, Effective April 13, 2005 (5-81).
*****end tx 115.245*****5-81*****EPA-R06-OAR-2005-TX-0014*****TXd73*****g69**


§115.246.  Recordkeeping Requirements.
As adopted by TCEQ November 6, 2002, effective November 27, 2002 (5-72).
Approved by EPA March 29, 2005 (70 FR 15769) effective May 31, 2005 (TXd52).

     The owner or operator of any motor vehicle fuel dispensing facility subject to the control requirements of this division (relating to Control of Vehicle Refueling Emissions (Stage II) at Motor Vehicle Fuel Dispensing Facilities) shall maintain the following records:

          (1)  a copy of the California Air Resources Board (CARB) Executive Order(s) or third-party certification(s) for the Stage II vapor recovery system and any related components installed at the facility;

          (2)  a copy of any owner or operator request for executive director approval under §115.243 of this title (relating to Alternate Control Requirements) and any executive director approval issued under §115.243 of this title;

          (3)  a record of any maintenance conducted on any part of the Stage II equipment, including a general part description, the date and time the equipment was taken out of service, the date of repair or replacement, the replacement part manufacturer's information, a general description of the part location in the system (e.g., pump or nozzle number, etc.), and a description of the problem;

          (4)  proof of attendance and completion of the training specified in §115.248 of this title (relating to Training Requirements), with the documentation of all Stage II training for each employee to be maintained as long as that employee continues to work at the facility;

          (5)  a record of the results of testing conducted at the motor vehicle fuel dispensing facility in accordance with the provisions specified in §115.245 of this title (relating to Testing Requirements);

          (6)  a record of the results of the daily inspections conducted at the motor vehicle fuel dispensing facility in accordance with the provisions specified in §115.244 of this title (relating to Inspection Requirements); and

          (7)  all records shall be maintained for at least two years, except that the CARB Executive Order(s) or third-party certification(s) specified in paragraph (1) of this section, any applicable alternate method of control requirement approval specified in paragraph (2) of this section, and testing results specified in paragraph (5) of this section shall be kept on-site indefinitely.  These records shall be:

               (A)  kept on-site at facilities ordinarily manned during business hours, and made immediately available for review upon request by authorized representatives of the executive director, EPA, or any local air pollution control program with jurisdiction; or

               (B)  for facilities unmanned at the time of inspection, made available at the site within 48 hours after being requested by authorized representatives of the executive director, EPA, or any local air pollution control program with jurisdiction.

Adopted November 6, 2002, effective November 27, 2002 (5-72).
*****end tx 115.246*****5-72*****EPA-R06-OAR-2005-TX-0008*****TXd52*****g65**


§115.247.  Exemptions.
As adopted by TCEQ November 6, 2002, effective November 27, 2002 (5-72).
Approved by EPA March 29, 2005 (70 FR 15769) effective May 31, 2005 (TXd52).

     The following are exempt from the requirements of this division (relating to Control of Vehicle Refueling Emissions (Stage II) at Motor Vehicle Fuel Dispensing Facilities):

          (1)  gasoline dispensing equipment used exclusively for the fueling of aircraft, watercraft, or implements of agriculture; and

          (2)  any motor vehicle fuel dispensing facility for which construction began prior to November 15, 1992, and which has a monthly throughput of less than 10,000 gallons of gasoline.  For the purposes of this paragraph, the monthly throughput shall be based on the maximum monthly gasoline throughput for any calendar month after January 1, 1991.  To maintain a facility's exempt status under this paragraph, the owner or operator must submit the facility's monthly gasoline throughput on an annual basis no later than January 31 of each year to the executive director or designated representative.

Adopted November 6, 2002, effective November 27, 2002 (5-72).
*****end tx 115.247*****5-72*****EPA-R06-OAR-2005-TX-0008*****TXd52*****g65**


§115.248.  Training Requirements.
As adopted by TCEQ March 23, 2005, effective  April 13, 2005 (5-81).
Approved by EPA January 19, 2006 (71 FR 03009) effective March 20, 2006 (TXd73).

     For all persons affected by this division (relating to Control of Vehicle Refueling Emissions (Stage II) at Motor Vehicle Fuel Dispensing Facilities), the following training requirements apply.

          (1)  The owner or operator of a motor vehicle fuel dispensing facility shall ensure that at least one facility representative receive training and instruction in the operation and maintenance of the Stage II vapor recovery system by successfully completing a training course approved by the executive director.  Successful completion constitutes certification of the facility representative.  Each such facility representative is then responsible for making every current and future employee aware of the purposes and correct operating procedures of the system.  The required training must be completed as soon as practicable prior to the initiation of operation of the facility's Stage II equipment.  The following additional requirements apply to the designation of the facility representative.

               (A)  For normally unattended facilities such as unattended card-lock facilities, or for normally unattended refueling facilities not open to the public, a single person may fulfill the facility representative role at more than one facility.

               (B)  For facilities normally attended, a single person shall not fulfill the facility representative role at more than one facility at a time.

          (2)  If the facility representative who received the approved training is no longer employed at that facility, another facility representative must successfully complete approved training within three months of the departure of the previously trained employee.

          (3)  An approved training course will include, but is not limited to, the following:

               (A)  federal and state Stage I and Stage II regulations (including enforcement consequences of noncompliance) and vapor recovery health effects and benefits;

               (B)  equipment operation and function of each type of vapor recovery system;

               (C)  general overview of maintenance and testing schedules and requirements for Stage II vapor recovery equipment;

               (D)  general overview of structure and content of California Air Resources Board (CARB) Executive Orders; and

               (E)  recordkeeping and inspection requirements for Stage I and Stage II vapor recovery systems.

          (4)  The executive director may revoke approval of a training course if the training provider:

               (A)  fails to administer the training course as proposed in the application made to the executive director to provide such training; or

               (B)  fails to notify the executive director of upcoming courses in writing at least 21 days prior to the date of the training as to the date, time, and place the training is to be held, or in the event of a scheduled course cancellation, fails to notify the executive director at least 24 hours in advance of the cancellation, except:

                    (i)  for all training providers, if conditions exist such that 24-hour notice of course cancellation is impossible or impracticable, notice must be given to the executive director as soon as practicable, preferably prior to the time the course was originally scheduled; and

                    (ii)  for training courses provided at no charge to the persons who attend, such as company-provided in-house training, the 21-day advance notice does not apply, and advance notice of upcoming courses is only required when such notice is requested, in writing, by the executive director.
Adopted March 23, 2005, Effective April 13, 2005 (5-81).
*****end tx 115.248*****5-81*****EPA-R06-OAR-2005-TX-0014*****TXd73*****g69**


§115.249.  Counties and Compliance Schedules.
As adopted by TCEQ March 23, 2005, effective  April 13, 2005 (5-81).
Approved by EPA January 19, 2006 (71 FR 03009) effective March 20, 2006 (TXd73).

     (a)  The rules in this division (relating to Control of Vehicle Refueling Emissions (Stage II) at Motor Vehicle Fuel Dispensing Facilities) apply to affected persons in Brazoria, Chambers, Collin, Dallas, Denton, El Paso, Fort Bend, Galveston, Harris, Hardin, Jefferson, Liberty, Montgomery, Orange, Tarrant, and Waller Counties.

     (b)  All affected persons shall continue to comply with this division as required by §115.930 of this title (relating to Compliance Dates).

     (c)  All Stage II vapor recovery systems must be onboard refueling vapor recovery (ORVR) compatible according to the following schedules:

          (1)  all installations of Stage II vapor recovery systems installed on or after April 1, 2005, must be ORVR compatible; and

          (2)  all Stage II vapor recovery systems installed before April 1, 2005, must be upgraded to an ORVR compatible system no later than April 1, 2007.

Adopted March 23, 2005, Effective April 13, 2005 (5-81).
*****end tx 115.249*****5-81*****EPA-R06-OAR-2005-TX-0014*****TXd73*****g69**
***************** end tx chapter 115 subchapter c division 4 ***TXd73***g69**