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

SUBCHAPTER C : VOLATILE ORGANIC COMPOUND MARKETING OPERATIONS

[C:5]  CONTROL OF VEHICLE REFUELING EMISSIONS (STAGE II) AT MOTOR VEHICLE FUEL DISPENSING FACILITIES 
As approved by EPA May 22, 1997 (62 FR 27964) effective June 23, 1997 at TXc104.

Outline:
          §115.241.  Emission Specifications.
          §115.242.  Control Requirements.
          §115.243.  Alternate Control Requirements.
          §115.244.  Inspection Requirements.
          §115.245.  Testing Requirements.
          §115.246.  Recordkeeping Requirements.
          §115.247.  Exemptions.
          §115.248.  Training Requirements.
          §115.249.  Counties and Compliance Schedules.


§115.241.  Emission Specifications.

81A    No person in the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston Areas as defined in §115.010 of this title (relating to Definitions) 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 compounds to the atmosphere by at least 95%.

******************* end 115.241 ************************

§115.242.  Control Requirements.

81A   For all persons in the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston areas affected by this undesignated head (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:

104B       (1)  The facility is equipped with a Stage II vapor recovery system that has been certified by a California Air Resources Board (CARB) Executive Order concerning Stage II vapor recovery systems as of August 1993, except that:

104B            (A)  Stage II vapor recovery balance systems which include vapor check valves in a location other than the nozzle shall not be installed; and

104B            (B)  Stage II vapor recovery systems which include dual-hang (non-coaxial) hoses shall not be installed.

104B       (2)  All underground piping must be installed by a person holding a valid License A as defined in §§334.401-334.428 of this title (relating to Underground Storage Tank Contractor Registration and Installer Licensing).  Piping specifications shall be in compliance with the applicable CARB Executive Order(s) 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 shall apply where piping specifications are not provided in the applicable CARB Executive Order(s):
104B            (A)  All underground piping shall be constructed of rigid material and conform to the technical standards for new piping defined by §§334.45(c)(1)(A)-(C) and (c)(3)(c) of this title (relating to Technical Standards for New Piping), and Section 334.45(e)(1) of this title (relating to Technical Standards for Other New UST System Equipment).

104B            (B)  Non-corrosive piping or cathodically protected metallic piping shall 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) shall apply.

104B            (C)  Minimum slope on vapor piping shall be one-eighth of an inch per foot from the dispenser to the storage tank.

104B            (D)  Vapor piping on balance systems shall be not less than two inches in diameter, and when there are more than four fueling points connected to one vapor line, the minimum vapor piping size shall be three inches in diameter.  For the purposes of this paragraph, a single nozzle dispenser shall constitute one fueling point and a multi-nozzle dispenser shall constitute two fueling points.

104B            (E)  Riser piping shall have a minimum inside diameter of one inch.  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.

104B            (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 shall be CARB-certified and/or UL listed.

104B       (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), and free of defects that would impair the effectiveness of the system, including, but not limited to:

104B            (A)  absence or disconnection of any component that is a part of the approved system;

 104B           (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);

104B            (C)  a nozzle boot that is torn in one or more of the following ways:

104B                 (i)  a triangular-shaped or similar tear more than 0.5 inches on a side;

104B                 (ii)  a hole more than 0.5 inches in diameter; or

104B                 (iii)  a slit more than 1.0 inch in length;

104B            (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;

104B            (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;

104B            (F)  a nozzle shut-off mechanism that malfunctions in any manner;

104B            (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);

104B            (H)  a vapor processing unit that is inoperative or defective;

104B            (I)  a vacuum producing device that is inoperative or defective;

104B            (J)  pressure/vacuum relief valves, vapor check valves, or Stage I dry breaks that are inoperative or defective; and

104B            (K)  any equipment defect that is identified in a CARB certification of an approved system as substantially impairing the effectiveness of the system in reducing refueling vapor emissions.

104B       (4)  No gasoline leaks, as detected by sampling, sight, sound, or smell, exist anywhere in the dispensing equipment or Stage II vapor recovery system.

104B       (5)  Upon identification of any of the defects described in paragraphs (3) and (4) of this section, the owner or operator or their representative shall remove from service all dispensing equipment for which vapor recovery has been impaired.  The impaired equipment shall 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 their representative.

104B       (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 shall 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 shall remain out of service until such time as the equipment has been properly repaired, replaced, or adjusted, as necessary.  Once repairs are completed, the "Out-of-Order" tag may be removed, and the equipment shall be returned to service by the owner or operator or facility representative upon notification to the agency that originally tagged the equipment out-of-service in the following manner:  verbal notification prior to placing the equipment back in service followed by written notification received by the agency within 10 days of placing the equipment back in service.  For the purposes of this paragraph, "facility representative" has the meaning ascribed to it in §115.248(1) (relating to Training Requirements).

104B       (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.

104B       (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.

104B       (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 shall, at a minimum, include:

104B           (A)  a clear description of how to correctly dispense gasoline using the system;

104B           (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); and

104B           (C)  the telephone number of the Texas Natural Resource Conservation Commission (TNRCC) Stage II Vapor Recovery Hotline (1-800-533-3AIR) to be used for questions, comments, or the reporting of any problems experienced with the system.

104B       (10)  Any motor vehicle fuel dispensing facility that becomes subject to the provisions of this undesignated head by exceeding the throughput limits of §115.247, §115.249(2), or §115.249(3) of this title (relating to Exemptions, and Counties and Compliance Schedules) shall have 120 days to come into compliance and will remain subject to the provisions of this undesignated head even if its gasoline throughput later falls below throughput limits, except that:

104B            (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

104B            (B)  at a facility exempted under §115.247(2) of this title or having an extended compliance schedule under §115.249(3) 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 or extended compliance schedule 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.

104B       (11)  Any facility having installed Stage II vapor recovery system(s) or components(s) previously certified by CARB via an Executive Order, for which certification has been revoked by CARB, as of August 1993, must install and have operational, a different approved system(s) or component(s) as referenced in §115.242(1) of this title (relating to Emission Specifications) as soon as practicable, but no later than three years from the date that CARB revoked the certification.

104B       (12)  After November 15, 1993, the owner or operator shall provide written notification of any Stage II vapor recovery system installation to the appropriate TNRCC Regional Office and any local air pollution program at least 30 days prior to start of construction.  The information in the notification shall include, but is not limited to:

104B            (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 TNRCC Petroleum Storage Tank Division Facility ID number and Owner ID number (if known);

104B            (B)  proposed start date; and

104B            (C)  type of Stage II system to be installed, including CARB Executive Order number(s) and the number of gasoline nozzles at the facility.

********************* end 115.242 **********************

§115.243.  Alternate Control Requirements.

104B  For all persons in the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston areas affected by this undesignated head (relating to Control of Vehicle Refueling Emissions (Stage II) at Motor Vehicle Fuel Dispensing Facilities), alternate methods of complying with §115.242(1) of this title (relating to Control Requirements) may be approved by the Executive Director if:

104B       (1)  emission reductions are demonstrated to be substantially equivalent; and

104B       (2)  the Stage II vapor recovery system has been certified by the California Air Resources Board (CARB).

********************* end 115.244 *********************

§115.244.  Inspection Requirements.

104B  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 undesignated head (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:

104B       (1)  For all systems, the daily inspections shall include the applicable portions of §115.242(4) and §115.242(3)(A)-(F), (H)-(I), and (K) of this title.

104B       (2)  For assist systems that utilize 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.

104B       (3)  For all systems, the components listed in §115.242(3)(J) of this title shall be inspected at least monthly.

104B       (4)  For all systems, the components listed in §115.242(G) of this title shall be inspected at least annually.

******************** end 115.244 ***********************

§115.245.  Testing Requirements.

104B  For all affected persons in the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston areas, compliance with §115.241 and §115.242 of this title (relating to Emission Specifications and Control Requirements) shall be determined at each facility within 30 days of installation of the Stage II equipment by testing as follows:

104B       (1)  Stage II vapor recovery systems shall successfully meet the performance criteria proper to the system by successfully completing the following testing requirements utilizing the test procedures as found in the Texas Natural Resource Conservation Commission (TNRCC) Stage II Vapor Recovery Test Procedure Handbook (August 1993):

104B            (A)  For balance and assist systems:

104B                 (i)  the manifolding or interconnectivity of the vapor space shall be consistent with the Executive Order requirements for the installed system;

104B                 (ii)  the sum of the vapor leaks in the system shall not exceed acceptable limits for the system as defined in the pressure decay test;

104B                 (iii)  the maximum acceptable backpressure through a given vapor path shall not exceed the limits as found in the backpressure/liquid blockage test applicable for the vapor path for the system; and

104B                 (iv)  the maximum gasoline flow rate through the nozzle shall not exceed the limits found in the Executive Order for the system.

104B            (B)  For bootless nozzle assist systems, the volume-to-liquid ratio (V/L ratio) shall be within acceptable limits.

104B            (C)  Each system shall meet minimum performance criteria specific to the individual system as defined in the California Air Resources Board Executive Order.  The criteria and test methods contained in the TNRCC Stage II Vapor Recovery Test Procedure Handbook (August 1993) specified in subparagraph (A) of this paragraph shall take precedence for applicable tests where performance criteria exist in both the Executive Order and the Stage II Vapor Recovery Test Procedure Handbook; otherwise, the Executive Order specific criteria shall take precedence.

104B            (D)  The owner or operator or their representative shall provide written notification to the appropriate TNRCC regional office and any local air pollution program with jurisdiction of the testing date and who will conduct the test.  The notification must be received by the agency at least 10 working days in advance of the test, and the notification must contain the information and be in the format as found in the TNRCC Stage II Vapor Recovery Test Procedure Handbook (August 1993).  Notification may take the form of a facsimile or telecopier transmission, as long as the facsimile is received by the TNRCC and any local air pollution program with jurisdiction at least 10 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 their representative shall give at least 24-hour notification to the appropriate TNRCC 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 their representative shall notify the appropriate TNRCC regional office and any local air pollution program with jurisdiction as soon in advance of the scheduled test as is practicable.

104B       (2)  Pressure decay testing shall be conducted annually and in accordance with the test procedures referenced in §115.245(1) of this title (relating to Testing Requirements).

104B       (3)  Verification of proper operation of the Stage II equipment shall be performed at least every five years or upon major system replacement or modification, whichever occurs first.  The verification shall include all functional tests that were required for the initial system test.  The owner or operator or their representative shall provide written notification to the appropriate TNRCC Regional Office and any local air pollution program with jurisdiction of the testing date and who will conduct the test.  The owner or operator or their representative shall provide written notification to the appropriate TNRCC regional office and any local air pollution program with jurisdiction of the testing date and who will conduct the test.  The notification must be received by the agency at least 10 working days in advance of the test, and the notification must contain the information and be in the format as found in the TNRCC Stage II Vapor Recovery Test Procedure Handbook (August 1993).  Notification may take the form of a facsimile or telecopier transmission, as long as the facsimile is received by the TNRCC and any local air pollution program with jurisdiction at least 10 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 their representative shall give at least 24-hour notification to the appropriate TNRCC 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 their representative shall notify the appropriate TNRCC regional office and any local air pollution program with jurisdiction as soon in advance of the scheduled test as is practicable.  For the purposes of this paragraph, a major system replacement or modification is defined as:

104B            (A)  the repair or replacement of any stationary storage tank equipped with a Stage II vapor recovery system;

104B            (B)  the replacement of an existing CARB-certified Stage II vapor recovery system with a system certified by CARB under a different CARB Executive Order; or

104B            (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.

104B       (4)  Minor modifications of these test methods may be approved by the Executive Director.

104B       (5)  All required tests shall be conducted either in the presence of a TNRCC or local program inspector with jurisdiction, or by a person who is registered with the TNRCC by successfully completing a TNRCC proficiency test relating to Stage II Vapor Recovery Test Procedures and Methods.  The requirement to be registered shall begin on November 15, 1993 or 60 days after the TNRCC has established the registry, whichever occurs later.  The TNRCC may remove an individual from the registry of testers for any of the following causes:

104B            (A)  the TNRCC can demonstrate that the individual has failed to conduct the test(s) properly in at least three separate instances; or

104B            (B)  the individual falsifies test results for tests conducted to fulfill the requirements of §115.245 of this title.

104B       (6)  The owner or operator or their representative shall submit the results of all tests required by §115.245 of this title to the appropriate TNRCC regional office and any local air pollution control program with jurisdiction within 10 working days of the completion of the test(s) using the format specified in the TNRCC Stage II Vapor Recovery Test Procedure Handbook (August 1993).  For purposes of on-site recordkeeping, the Test Procedures Cover Results Cover Sheet, properly completed with the summary of the testing, are acceptable.  The detailed results from each test conducted along with a properly completed summary sheet, as provided for in the Stage II Vapor Recovery Test Procedure Handbook, shall be submitted to the appropriate TNRCC regional office and any local air pollution control program with jurisdiction.

********************** end 115.245 *********************

§115.246.  Recordkeeping Requirements.

81A   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 undesignated head (relating to Control of Vehicle Refueling Emissions (Stage II) at Motor Vehicle Fuel Dispensing Facilities) shall maintain the following records:

104B       (1)  a copy of the California Air Resources Board (CARB) Executive Order(s) for the Stage II vapor recovery system and any related components installed at the facility;

104B       (2)  a copy of any owner or operator request for Executive Director approval pursuant to §115.243 of this title (relating to Alternate Control Requirements) and any Executive Director approval issued pursuant to §115.243 of this title;

104B       (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;

104B       (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;

104B       (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);

104B       (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

104B       (7)  all records shall be maintained for at least two years, except that the CARB Executive Order(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:

104B            (A)  kept on-site at facilities ordinarily manned during business hours, and made immediately available for review upon request by authorized representatives of the Texas Natural Resource Conservation Commission (TNRCC), the United States Environmental Protection Agency (EPA), or any local air pollution control program with jurisdiction; or
104B            (B)  made available for review at the site by authorized representatives of the TNRCC, EPA, or any local air pollution control program with jurisdiction within 48 hours after being requested by the representative for facilities ordinarily unmanned during business hours.

******************* end 115.246 ************************

§115.247.  Exemptions.

81A   For the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston areas, the following are exempt from the requirements of this undesignated head (relating to Control of Vehicle Refueling Emissions (Stage II) at Motor Vehicle Fuel Dispensing Facilities):

81A        (1)  gasoline dispensing equipment used exclusively for the fueling of aircraft, watercraft, or implements of agriculture; and

104B       (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 appropriate Texas Natural Resource Conservation Commission regional office and any local air pollution control program with jurisdiction.

******************* end 115.247 **************************

§115.248.  Training Requirements.

81A   For all persons in the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston areas affected by this undesignated head (relating to Control of Vehicle Refueling Emissions (Stage II) at Motor Vehicle Fuel Dispensing Facilities), the following training requirements apply.

104B       (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 Texas Natural Resource Conservation Commission (TNRCC).  Such successful completion shall constitute 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 shall 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:

104B            (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; and

104B            (B)  For facilities normally attended, a single person shall not fulfill the facility representative role at more than one facility at a time.

81A        (2)  If the facility representative who received the training is no longer employed at that facility, another facility representative must successfully complete the training within three months of the departure of the previously trained employee.

104B       (3)  A TNRCC approved training course will include, but is not limited to, the following:

104B            (A)  federal and state Stage I and Stage II regulations (including enforcement consequences of noncompliance) and vapor recovery health effects and benefits;

104B            (B)  equipment operation and function of each type of vapor recovery system;

104B            (C)  general overview of maintenance schedules and requirements for Stage II vapor recovery equipment;

104B            (D)  general overview of structure and content of California Air Resources Board (CARB) Executive Orders; and

104B            (E)  recordkeeping and inspection requirements for Stage I and Stage II vapor recovery systems.

104B       (4)  The TNRCC may revoke approval of a training course if the training provider:

104B            (A)  fails to administer the training course as proposed in the application made to the TNRCC to provide such training; or

104B            (B)  fails to notify the TNRCC 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 TNRCC at least 24 hours in advance of the cancellation, except:

104B                 (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 TNRCC as soon as practicable, preferably prior to the time the course was originally scheduled; and

104B                 (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 shall not apply, and advance notice of upcoming courses is only required when such notice is requested, in writing, by the TNRCC.

********************** end 115.248 *********************

§115.249.  Counties and Compliance Schedules.

81A   All affected persons in Brazoria, Chambers, Collin, Dallas, Denton, El Paso, Fort Bend, Galveston, Harris, Hardin, Jefferson, Liberty, Montgomery, Orange, Tarrant, and Waller Counties shall be in compliance with this undesignated head (relating to Control of Vehicle Refueling Emissions (Stage II) at Motor Vehicle Fuel Dispensing Facilities) according to the following schedules:

104B       (1)  as soon as practicable, but no later than May 15, 1993, or upon initial start-up, whichever is later, for facilities for which construction began after November 15, 1990;

104B       (2)  as soon as practicable, but no later than November 15, 1993 for facilities with a monthly throughput of at least 100,000 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;

104B       (3)  as soon as practicable, but no later than November 15, 1994, for all other facilities, except that individual independent small business marketers of gasoline (ISBMG), as defined in §115.10 of this title (relating to Definitions), may petition the Executive Director for an extension of the compliance deadline to December 22, 1998, or until one or more of the facility's gasoline storage tanks are replaced and/or equipped with corrosion protection as required by the Petroleum Storage Tank (PST) Division of the Texas Natural Resource Conservation Commission (TNRCC), whichever occurs first, provided that the petition is submitted no later than January 15, 1994 and approved by the Executive Director.  The availability of an extended compliance schedule for independent small business marketers of gasoline only applies to individual facilities for which the monthly gasoline throughput is less than 50,000 gallons per month, based on the maximum monthly gasoline throughput for any calendar month after January 1, 1991.  In order for the station to maintain ISBMG compliance date extension status under this paragraph, the facility shall not exceed the 50,000 gallons per month gasoline throughput limit, and the owner or operator shall submit the facility's monthly gasoline throughput on an annual basis no later than January 31 of each year to the appropriate TNRCC Regional Office and any local air   pollution control program with jurisdiction until such time as the Stage II vapor recovery system is installed; and

104B       (4)  if more than one of the compliance schedules in paragraphs (1)-(3) of this section applies to a facility, the earliest compliance schedule shall take precedence.

******************* end 115.249 **************************
************end tx 115.241 to 115.249**********e93v**95m**