## TECHNICAL SUPPORT DOCUMENT

Revisions to the Texas State Implementation Plan

Submitted on November 12, 2014

Chapter 115 – Control of Air Pollutants from Volatile Organic Compounds

Subchapter A. Definitions Section 115.10 Statutory Authority

Subchapter C. Volatile Organic Compound Transfer Operations Division 2. Filling of Gasoline Storage Vessels (Stage I) for Motor Vehicle Fuel Dispensing Facilities Section 115.221 Emission Specifications Section 115.222 Control Requirements Section 115.224 Inspection Requirements Section 115.225 Testing Requirements Section 115.226 Recordkeeping Requirements Section 115.227 Exemptions Section 115.229 Counties and Compliance Schedules



### January 22, 2015

FOR FURTHER INFORMATION CONTACT: Ms. Tracie Donaldson, United States Environmental Protection Agency Region 6, Air Permits Section (6PD-R), 1445 Ross Avenue, Dallas, Texas 75202- 2733, (214) 665-6633.2

Contents:

I. Introduction

II. Technical Evaluation of SIP Submittal A. Review of 30 TAC Chapter 115 Stage I Testing Requirements Rule Revision B. Part 51, Appendix V Completeness Checklist

III. Proposed Action3

I. Introduction

This technical support document (TSD) evaluates a revision to the Texas State Implementation Plan (SIP), submitted on November 12, 2014 and signed by the Governor’s designee, TCEQ Chairman Shaw. On September 10, 2014, Texas Commission on Environmental Quality (TCEQ) adopted revisions to 30 Administrative Code Chapter 115, Control of Air Pollution from Volatile Organic Compounds, Subchapter A. Definitions and Subchapter C. Volatile Organic Compound Transfer Operations . This review will determine if the changes to the Texas SIP are consistent with the requirements of the Clean Air Act and EPA’s policy and guidance.

Background The TCEQ adopted amended Sections 115.10, 115.221, 115.222, 115.224-115.227 and 115.229 of 30 Texas Administrative Code Chapter 115, Control of Air Pollution from Volatile Organic Compounds and corresponding revisions to the state implementation plan. The amendments specify Stage I testing requirements for gasoline dispensing

facilities located in the 12 ozone nonattainment counties and 4 ozone maintenance counties that will be affected by the decommissioning of the Stage II vapor recovery equipment rule revision and in the 95 counties that are subject to the state Stage I rule but not the Stage II requirements. The adopted revisions also establish testing requirements that are more consistent with federal Stage I testing in 40 CFR Part 63, Subpart

CCCCCC.II. Technical Evaluation of the Texas November 12, 2014 SIP Revision SubmittalThe action accompanying this TSD addresses the proposed revisions to the Stage I Testing Requirements found in Chapter 115Subchapters A and C of the Texas SIP. Chapter 115 Subchapter A contains the definitions used in the Chapter and Subchapter Ccontains the regulations for controlling emissions from the transfer of fuel to petroleum storage tanks (Stage I).This submittal contains both substantive and non-substantive changes. The substantive changes are specified and addressed in the tablesbelow. In this table new text is underlined and deleted text is depicted with strikeout.Non-substantive changes were included to update the rule language to currentTexas Registerstyle and format requirements. Suchchanges include consistent use of acronyms, section references, etc. These changes can be seen in Appendix A. New text in AppendixA is underlined and deleted text is in [brackets].A. Review of Chapter 115 revisionsTable I.A Chapter 115Subchapter A RevisionsRevisions to the Texas SIPAdopted on September 10, 2014Submitted on November 12, 2014SIP Revision SubmittalNovember 12, 2014CommentsSection 115.10, Definitions(6) Coaxial system--A type of system consisting of a tubewithin a tube that requires only one tank opening. The tankopening allows fuel to flow through the inner tube whilevapors are displaced through the annular space betweenthe inner and outer tubes.The term "coaxial system" is added to describe atype of vapor control system consisting of a tubewithin a tube that requires only one tankopening allowing fuel to flow through the innertube while vapors are displaced through theannular space between the inner and outertubes. This type of system is often found atGDFs.The addition of this definition does not impactthe regulation’s ability to meet the applicablefederal requirements and is approvable.Table I.A Chapter 115Subchapter A RevisionsRevisions to the Texas SIPAdopted on September 10, 2014Submitted on November 12, 2014SIP Revision SubmittalNovember 12, 2014Comments(12) Dual-point vapor balance system--A type of vaporbalance system in which the storage tank is equipped withan entry port for a gasoline fill pipe and a separate exitport for vapor connection.The term "dual-point vapor balance system" isincorporated from 40 CFR §63.11132 todescribe a type of system that should beinstalled at a facility. A dual-point vaporbalance system allows for separate connectionsfor the loading of gasoline and the transfer ofgasoline vapors to a tank-truck tank.The addition of this definition does not impactthe regulation’s ability to meet the applicablefederal requirements and is approvable.(18) Gasoline dispensing facility--A location thatdispenses gasoline to motor vehicles and includes retail,private, and commercial outlets.The term "gasoline dispensing facility" is addedto replace the term "motor vehicle fueldispensing facility" used in the Stage I rules forconsistency with recent revisions to the Chapter115 Stage II rules and defined for clarification.The addition of this definition does not impactthe regulation’s ability to meet the applicablefederal requirements and is approvable.(33) Pressure relief valve --A safety deviceused to prevent operating pressures fromexceeding the maximum allowable workingpressure of the process equipment. A pressurerelief valve is automatically actuated by thestatic pressure upstream of the valve, but doesnot include:(A) a rupture disk; or(B) a conservation vent or other device on anatmospheric storage tank that is actuated eitherby a vacuum or a pressure of no more than 2.5pounds per square inch gauge.(36) (33) Pressure relief valve or pressure-vacuum reliefvalve--A safety device used to prevent operating pressuresfrom exceeding the maximum and minimum allowableworking pressure of the process equipment. A pressurerelief valve or pressure-vacuum relief valve isautomatically actuated by the static pressure upstream ofthe valve, but does not include:(A) a rupture disk; or(B) a conservation vent or other device on an atmosphericstorage tank that is actuated either by a vacuum or apressure of no more than 2.5 pounds per square inchgauge.The definition for "pressure relief valve" isupdated to also apply to "pressure-vacuum reliefvalves" to keep the wording within the ruleconsistent and with the general use of the termto cover relief valves by the industry. This isconsistent with the terms used in Table 1 ofSubpart CCCCCC of Part 63.This revision does not impact the regulation’sability to meet the applicable federalrequirements and is approvable.The analysis presented above in Table I.A. demonstrates that the revisions to Texas Chapter 115, Subchapter A submitted on November12, 2014, are approvable.Table I.B Chapter 115Subchapter C RevisionsRevisions to the Texas SIPAdopted on September 10, 2014Submitted on November 12, 2014SIP Revision SubmittalNovember 12, 2014CommentsSection 115.221, Emissions SpecificationsNo person in the Beaumont/Port Arthur,Dallas/Fort Worth, El Paso, and Houston/GalvestonAreas as defined in §115.10 of this title (relating toDefinitions) shall transfer, or allow the transfer of,gasoline from any tank-truck tank into a stationarystorage container which is located at a motorvehicle fuel dispensing facility, unless the displacedvapors from the gasoline storage container arecontrolled by one of the following:(1) a vapor recovery system which reduces theemissions of VOC to the atmosphere to not morethan 0.8 pound per 1,000 gallons (93 mg/liter) ofgasoline transferred; or(2) a vapor balance system which is operated andmaintained in accordance with the provisions of§115.222 of this title (relating to ControlRequirements).No person in the Beaumont-Port ArthurBeaumont/Port Arthur, Dallas-Fort WorthDallas/Fort Worth, El Paso,andHoustonGalveston-Brazoria Houston/Galveston areas or inthe covered attainment counties, as defined in§115.10 of this title (relating to Definitions), shalltransfer, or allow the transfer of, gasoline from anytank-truck tank into a stationary storage containerwhich is located at a gasoline motor vehicle fueldispensing facility, unless the displaced vaporsfrom the gasoline storage container are controlledby one of the following:(1) a vapor control system which reduces theemissions of VOC to the atmosphere to not morethan 0.8 pound per 1,000 gallons (93 mg/liter) ofgasoline transferred; or(2) a vapor balance system which is operated andmaintained in accordance with the provisions of§115.222 of this title (relating to ControlRequirements).Before the 2014 revision, 30 TAC 115.221 was lastrevised by the State in 1999 (July 16, 1999 TexasRegister, 24 TexReg 5488). We approved thatrevision on December 20, 2000 (65 FR 79745), butwe mistakenly did not add an entry for 30 TAC115.221 in the table found in 40 CFR 52.2270(c).The revision made by TCEQ is non-substantive. Itis being included here to add this section back intothe Federal Register.Section 115.222, Inspection Requirements(5)in the Beaumont/Port Arthur, Dallas/FortWorth, El Paso,andHouston/Galveston areas theonly atmospheric emission during gasoline transfer(5)in the Beaumont-Port Arthur Beaumont/PortArthur, Dallas-Fort Worth Dallas/Fort Worth, ElPaso,andHouston-Galveston-BrazoriaThe adopted revisions delete the language allowingfacilities with a Stage II vapor recovery system toestablish a pressure rate at which a pressure-Table I.B Chapter 115Subchapter C RevisionsRevisions to the Texas SIPAdopted on September 10, 2014Submitted on November 12, 2014SIP Revision SubmittalNovember 12, 2014Commentsinto the storage container is through a storagecontainer vent line equipped with a pressurevacuum relief valve set to open at a pressure of nomore than eight ounces per square inch (3.4 kPa) orin accordance with the facility's Stage II system asdefined in the California Air Resources Board(CARB) Executive Order(s) or third-partycertification for the facility;(6) in the covered attainment counties, as definedin §115.10 of this title (relating to Definitions), theonly atmospheric emission during gasoline transferinto the storage container is through a storagecontainer vent line equipped with a pressurevacuum relief valve set to open at a pressure of nomore than eight ounces per square inch (3.4 kPa);Houston/Galveston areas and in the coveredattainment counties, as defined in §115.10 of thistitle (relating to Definitions), the only atmosphericemission during gasoline transfer into the storagecontainer is through a storage container vent lineequipped with a pressure-vacuum relief valve set toopen at a pressure of no more than eight ounces persquare inch (3.4 kilopascals (kPa) kPa) or inaccordance with the facility's Stage II system asdefined in the California Air Resources Board(CARB) Executive Order(s) or third-partycertification for the facility;(6) in the covered attainment counties, as defined in§115.10 of this title (relating to Definitions), theonly atmospheric emission during gasoline transferinto the storage container is through a storagecontainer vent line equipped with a pressurevacuum relief valve set to open at a pressure of nomore than eight ounces per square inch (3.4 kPa);vacuum relief valve is set that meets CARBrequirements or has a third-party certificationbecause the Stage II requirements will no longer berequired due to the TCEQ's adoption of thedecommissioning of Stage II equipment. Theadopted language incorporates the use of "dualpoint vapor balance system" as defined in §115.10and removes the language for non-coaxial Stage Iconnections. Dual-point vapor balance systems aremore effective than single-point coaxial systems incontrolling vapors during the loading of gasolinebecause two separate hoses for loading the fuel andrecovering fuel vapors are connected to thedelivery truck and storage tank which allow lessback pressure and higher flow rates. Dual-pointvapor balance systems are the only non-coaxialStage I connection used in Texas and have beenrequired at all applicable facilities since January10, 2011.The information in paragraph (6) is incorporatedinto paragraph (5). After removal of the provisionregarding Stage II, the requirements for coveredattainment counties in paragraph (6) are identicalto the requirements for ozone nonattainment areasunder paragraph (5). Therefore, combining the twoparagraphs will eliminate redundant rulelanguage.This revision does not impact the regulation’sability to meet the applicable federal requirementsand is approvable.Section 115.224, Inspection RequirementsTable I.B Chapter 115Subchapter C RevisionsRevisions to the Texas SIPAdopted on September 10, 2014Submitted on November 12, 2014SIP Revision SubmittalNovember 12, 2014CommentsIn the Beaumont/Port Arthur, Dallas/Fort Worth, ElPaso, and Houston/Galveston areas and in thecovered attainment counties, as defined in §115.10of this title (relating to Definitions), the followinginspection requirements shall apply.(1) Inspections for liquid leaks, visible vapors, orsignificant odors resulting from gasoline transfershall be conducted at motor vehicle fuel dispensingfacilities. Gasoline transfer shall be discontinuedimmediately when a leak is observed and shall notbe resumed until the observed leak is repaired.(2) The gasoline tank-truck tank must have beeninspected for leaks within one year in accordancewith the requirements of §§115.234-115.237 of thistitle (relating to Control of Volatile OrganicCompound Leaks from Transport Vessels), asevidenced by a prominently displayed certificationaffixed near the United States Department ofTransportation certification plate.In the Beaumont-Port Arthur Beaumont/PortArthur, Dallas-Fort Worth Dallas/Fort Worth, ElPaso,andHouston-Galveston-BrazoriaHouston/Galveston areas, andin the coveredattainment counties, as defined in §115.10 of thistitle (relating to Definitions), the followinginspection requirements shall apply.(1) Inspections for liquid leaks, visible vapors,or significant odors resulting from gasoline transfershall be conducted at gasoline motor vehicle fueldispensing facilities. Gasoline transfer shall bediscontinued immediately when any liquid leaks,visible vapors, or significant odors are a leak isobserved and shall not be resumed until theobserved issue leak is repaired.(2) The gasoline tank-truck tank must have beeninspected for leaks within one year in accordancewith the requirements of §§115.234 - 115.237 ofthis title (relating to Inspection Requirements;Approved Test Methods; RecordkeepingRequirements; and Exemptions, respectivelyControl of Volatile Organic Compound Leaks fromTransport Vessels), as evidenced by a prominentlydisplayed certification affixed near the UnitedStates Department of Transportation certificationplate.This revision provides additional clarity within therule language by providing more descriptive termsfor the types of potential discharges that wouldresult in a discontinuation of the transfer ofgasoline.This revision does not impact the regulation’sability to meet the applicable federal requirementsand is approvable.Section 115.225, Testing RequirementsCompliance with the emission specification andcertain control requirements and inspectionrequirements of §§115.221, 115.222 and 115.224of this title (relating to Emission Specifications;Control Requirements; and InspectionCompliance with the emission specification andcertain control requirements and inspectionrequirements of §§115.221, 115.222 and 115.224of this title (relating to Emission Specifications;Control Requirements; and InspectionThis revision removes the previous test method andrequires all affected GDFs to comply with therequirements of 40 CFR§63.11120. Theserevisions make the testing requirement for affectedEast Texas facilities consistent with the federalTable I.B Chapter 115Subchapter C RevisionsRevisions to the Texas SIPAdopted on September 10, 2014Submitted on November 12, 2014SIP Revision SubmittalNovember 12, 2014CommentsRequirements) shall be determined by applying oneor more of the following test methods, asappropriate.(1) Flow rate. Test Methods 1-4 (40 Code ofFederal Regulations (CFR) 60, Appendix A) areused 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 compoundemissions by gas chromatography.(B) Test Method 25 (40 CFR 60, Appendix A)is used for determining total gaseous nonmethaneorganic emissions as carbon.Requirements) shall be determined according to therequirements of 40 Code of Federal Regulations(CFR) §63.11120 by applying one or more of thefollowing test methods, as appropriate.Additionally, all affected gasoline dispensingfacilities are required to annually comply with thefollowing testing requirements found in 40 CFR§63.11120:(1) California Air Resources Board VaporRecovery Test Procedure TP 201.1E - Leak Rateand Cracking Pressure of Pressure/Vacuum VentValves.(2) California Air Resources Board VaporRecovery Test Procedure TP-201.3 - Determinationof 2-Inch WC Static Pressure Performance ofVapor Recovery Systems of Dispensing Facilities.(3) Alternate test methods other than thosespecified in paragraphs (1) - (2) of this section maybe used if validated by 40 CFR §63.7(f).(1) Flow rate. Test Methods 1-4 (40 Code ofFederal Regulations (CFR) 60, Appendix A) areused for determining flow rate, as necessary.(2) Concentration of volatile organic compounds.(A) Test Method 18 (40 CFR 60, Appendix A) isused for determining gaseous organic compoundemissions by gas chromatography.(B) Test Method 25 (40 CFR 60, Appendix A) isused for determining total gaseous nonmethaneorganic emissions as carbon.Stage I rule except for the annual inspectionrequirement. This will provide for improvedconsistency in compliance and enforcement byTCEQ due to a more defined testing schedule andtesting procedures.The CARB Vapor Recovery Test Procedure-201.1Eis now required for GDFs to demonstratecompliance with the leak rate and crackingpressure requirements for pressure-vacuum ventvalves installed on the gasoline tanks at the facility.The CARB Vapor Recovery Test Procedure-201.3is now required to demonstrate compliance with thestatic pressure performance requirement for avapor balance system by conducting a staticpressure test on the gasoline tanks at the facility.These test methods are more appropriate for Stage Ifacilities and therefore strengthen the SIP.This revision does not impact the regulation’sability to meet the applicable federal requirementsand is approvable.Table I.B Chapter 115Subchapter C RevisionsRevisions to the Texas SIPAdopted on September 10, 2014Submitted on November 12, 2014SIP Revision SubmittalNovember 12, 2014Comments(C) Test Method 25A or 25B (40 CFR 60,Appendix A) is used for determining total gaseousorganic concentrations using flame ionization ornondispersive infrared analysis.(3) Leak determination by instrument method.Use Test Method 21 (40 CFR 60, Appendix A) fordetermining volatile organic compound leaks.(4) Minor modifications. Minor modifications tothese test methods may be used, if approved by theexecutive director.(C) Test Method 25A or 25B (40 CFR 60,Appendix A) is used for determining total gaseousorganic concentrations using flame ionization ornondispersive infrared analysis.(3) Leak determination by instrument method. UseTest Method 21 (40 CFR 60, Appendix A) fordetermining volatile organic compound leaks.(4) Minor modifications. Minor modifications tothese test methods may be used, if approved by theexecutive director.Section 115.226, Recordkeeping Requirements(2) (B) in the Beaumont/Port Arthur, Dallas/FortWorth, El Paso, and Houston/Galveston areas, arecord of gasoline throughput for each calendarmonth since January 1, 1991 until such time as thefacility installs a Stage II vapor recovery system asrequired by §§115.241-249 of this title (relating toControl of Vehicle Refueling Emissions (Stage II)at Motor Vehicle Fuel Dispensing Facilities). Therecords must contain the calendar month and year,and the total facility gasoline throughput for eachcalendar month; and(C) in the covered attainment counties, a recordof gasoline throughput for each calendar monthbeginning January 1, 1999, until the facility is incompliance with §115.221 and §115.222 of thistitle (relating to Emission Specifications; andControl Requirements). The records must containthe calendar month and year, and the total facilitygasoline throughput for each calendar month.These records must be made available at the site(2) (B) in the Beaumont/Port Arthur, Dallas/FortWorth, El Paso, and Houston/Galveston areas, arecord of gasoline throughput for a 24-monthrolling calendar period beginning January 1, 1991each calendar month since January 1, 1991 untilsuch time as the facility installs a Stage II vaporrecovery system as required by §§115.241-249 ofthis title (relating to Control of Vehicle RefuelingEmissions (Stage II) at Motor Vehicle FuelDispensing Facilities). The records must containthe calendar month and year, and the total facilitygasoline throughput for each calendar month; and(C) in the covered attainment counties, a record ofgasoline throughput for each calendar monthbeginning January 1, 1999, until the facility is incompliance with §115.221 and §115.222 of thistitle (relating to Emission Specifications; andControl Requirements). The records must containthe calendar month and year, and the total facilitygasoline throughput for each calendar month. Theserecords must be made available at the site duringThe adopted revisions to §115.226(2)(B) deletes thelanguage requiring facilities with Stage II vaporrecovery systems to perform Stage I testing becausethe requirements would no longer be necessary dueto the TCEQ's adoption of the decommissioning ofStage II equipment. The TCEQ combinedsubparagraphs (B) and (C) to reflect that therecordkeeping requirements will become uniform inthe counties listed as the Stage II vapor controlrequirements are repealed. The requirement tokeep the records for gasoline throughput for eachcalendar month is updated to clarify that therecords shall be kept for the previous 24 months.This revision does not impact the regulation’sability to meet the applicable federal requirementsand is approvable.Table I.B Chapter 115Subchapter C RevisionsRevisions to the Texas SIPAdopted on September 10, 2014Submitted on November 12, 2014SIP Revision SubmittalNovember 12, 2014Commentsduring inspection by representatives of theexecutive director, EPA, or any local air pollutioncontrol program with jurisdiction.inspection by representatives of the executivedirector, EPA, or any local air pollution controlprogram with jurisdiction.Section 115.227, Exemptions(3) In the covered attainment counties other thanBexar, Comal, Guadalupe, Wilson, Bastrop,Caldwell, Hays, Travis, and Williamson, transfersto stationary storage tanks located at a motorvehicle fuel dispensing facility which has dispensedless than 125,000 gallons of gasoline in anycalendar month after January 1, 1999 are exemptfrom the requirements of this division, except for:(A) §115.222(7) of this title;(B) §115.222(3) of this title as it applies toliquid gasoline leaks;(C) §115.224(1) of this title as it applies toliquid gasoline leaks; and(D) §115.226(2)(C) of this title.(3) In the covered attainment counties other thanBexar, Comal, Guadalupe, Wilson, Bastrop,Caldwell, Hays, Travis, and Williamson, transfersto stationary storage tanks located at a gasolinemotor vehicle fuel dispensing facility which hasdispensed less than 100,000 125,000 gallons ofgasoline in any calendar month after October 31,2014 January 1, 1999 are exempt from therequirements of this division, except for:(A) §115.222(3) §115.222(7) of this title as itapplies to liquid gasoline leaks, visible vapors, orsignificant odors;(B) §115.222(6) §115.222(3) of this title as itapplies to liquid gasoline leaks;(C) §115.224(1) of this title as it applies to liquidgasoline leaks, visible vapors, or significant odors;and(D) §115.226(2)(B) §115.226(2)(C) of this title.This revision reduces the throughput level forexemption from Stage I vapor control requirementsfrom 125,000 gallons per month to 100,000 gallonsper month in paragraph (3) to provide GDFowners and operators with clearer applicabilityrequirements and ensure consistency withthroughput limits between the state and the federalStage I requirements. The lowering of thethroughput limit in this adopted rulemakingprovides owners and operators with one standardof throughput for both state and federal Stage Irequirements in the majority of the coveredattainment counties. This revision also provides theTCEQ with one throughput standard for assessingapplicability and compliance of GDFs in thecovered attainment counties that had anapplicability threshold of 125,000 gallons permonth under the Chapter 115 rule.Cross-referenced sections corrected.This revision does not impact the regulation’sability to meet the applicable federal requirementsand is approvable.B. Part 51, Appendix V Completeness Checklist

The criteria for completeness determination are found in Appendix V to Part 51 – Criteria for

determining the completeness of plan submissions and are outlined below:

1.0 Purpose: This appendix V sets forth the minimum criteria for determining whether a state

implementation plan submitted for consideration by the EPA is an official submission for

purposes of review under § 51.103.

1.1 The EPA shall return to the submitting official any plan or revision thereof which fails to

meet the criteria set forth in this appendix V, and request corrective action, identifying the

component(s) absent or insufficient to perform a review of the submitted plan.

1.2 The EPA shall inform the submitting official whether or not a plan submission meets the

requirements of this appendix V within 60 days of the EPA’s receipt of the submittal, but

no later than 6 months after the date which the State was required to submit the plan or

revision. If a completeness determination is not made by 6 months from receipt of a

submittal, the submittal shall be deemed complete by operation of law on the date 6 months

from receipt. A determination of completeness under this paragraph means that the

submission is an official submission for purposes of § 51.103.

The attached checklist outlines the basic criteria included under 2.1, 2.2, and 2.3 of Appendix V.Administrative Materials (2.1)

1. The package is sent with a formal submittal letter from the Governor or his or her designee

requesting the EPA’s approval of the revision.

The SIP revisions addressed in this action were submitted via letter from Commissioner

Shaw dated November 12, 2014.

2. Evidence is included that the State has adopted the revision in the State code or body of

regulations, or that the State has issued the permit, order, consent agreement (hereafter

document) in final form. This evidence would include the date of adoption or final issuance

and the effective date of revision, if different from the adoption/issuance date.

The SIP revisions addressed in this action were adopted September 10, 2014.

3. Evidence is included that the State has necessary legal authority under State law to adopt

and implement the revision, e.g., a citation of the appropriate State authority.

Legal authority discussed in Section V-A

4. A copy is included of the actual regulation or document submitted for approval and

incorporation by reference into the SIP including an indication of the changes made to the

existing approved place where applicable. The submittal shall be a copy of the official

State regulation document signed, stamped, and dated by the appropriate State official

indicating that it is fully enforceable by the State. The effective date of the regulation

document shall, whenever possible, be indicated in the document itself.

The SIP submittal included a copy of the official State regulation document.

5. Evidence is included that the State followed all of the procedural requirements of its laws

and/or its constitution in the conducting and completing the adoption/issuance of the plan.

The SIP submittal package included a certification demonstrating the SIP submittal was

developed pursuant to 40 CFR 51.104.

6. Evidence is included that public notice was given of the proposed changes consistent with

the procedures approved by the EPA, including the date of publication of such notice (e.g.,

notarized or certified copies of any public notices published in newspapers). (The notice

should be at least 30 days prior to the public hearing(s).The SIP submittal addressed in this action included a summary of the Public Notices

published for the rule revisions, as well as, copies showing evidence of the published

notices. These public notices included information regarding the public comment period

and upcoming public hearings.

7. A certification is included indicating that public hearing(s) was/were held in accordance

with the information provided in the public notice(s) and the State’s laws and constitution,

if applicable.

The SIP submittal contained a signed affidavit that certified that the required procedures

were followed with respect to public notice, public hearing, and public participation.

8. A compilation of public comments and the State’s response is included.

The SIP submittal addressed in this action included copies of comments received from the

public on the State regulation, as well as, as the State’s responses to the comments

received.Technical Support (2.2)

1. Identification of all regulated pollutants affected by the revision included.

Volatile Organic Compounds

2. Identification of the locations of affected sources including the EPA

attainment/nonattainment designation of the locations and the status of the attainment plan

for the affected area(s) is included.

The provisions evaluated as part of this action can be applied statewide.

3. Quantifications of the changes in SIP allowable emissions from the affected sources is

included. (Examples include estimates of changes in current actual emissions from

affected sources and/or, where appropriate, quantification of changes in actual emissions

from affected sources through calculations of the differences between certain baseline

levels and allowable emissions anticipated if the revisions were approved.)

Not applicable to this SIP revision.

4. Demonstration is included that the NAAQS/PSD increments/RFP demonstration and

visibility as applicable would be protected if the revision were approved and implemented.

Not applicable to this SIP revision. This plan revision does not pertain to redesignating an area to attainment for a national primary ambient air quality standard. Nor does this revision pertain to prevention of significant deterioration (PSD) increments and demonstrations of reasonable further progress.

5. FOR REDESIGNATIONS:

a. Is there a fully approved maintenance plan for the primary ambient air quality

standards for at least 10 years as required by § 175A of the Clean Air Act?

Not applicable.

b. Are contingency measures included?

Not applicable.

6. Modeling information, if applicable, is required to support the proposed revision.

Not applicable.7. Evidence is included where necessary, that emission limitations are based on continuous

emission reduction technology (e.g., add-on controls, industrial/process equipment

designs, reformulated materials, etc.).

Not applicable.

8. Evidence is included indicating that a SIP revision contains emission limitations, work

practice standards and recordkeeping/reporting requirements to ensure stated emission

levels.

Not applicable.

9. Compliance/enforcement strategies including how compliance will be determined in

practice (including at what frequency).

Not applicable.

10. As appropriate, special economic and technological justifications are included per

applicable EPA policies or an explanation why such justifications are not necessary should

be included. For example, requests for alternative RACT may require such justification.

Not applicable. No special economic and technical justifications are required by other applicable EPA policies are necessary because no such policies are relevant in this case.

The November 12, 2014 SIP submittal meets the completeness criteria established in 40 CFR

part 51, Appendix V.III. Proposed Action

It is recommended that the EPA approve of the adoption of the revisions to 30 Administrative Code Chapter 115, Control of Air Pollution from Volatile Organic Compounds, Subchapter A. Definitions and Subchapter C. Volatile Organic Compound Transfer Operations , submitted November 12, 2014. See discussion regarding basis for approval in Sections II of this TSD and in Section III of the Federal Register.

Previously, in separate actions, we found that Texas’ Stage I regulations me et Reasonably Available Control Technology (RACT) requirements for the 1997 ozone standard in Dallas-Fort Worth area (January 14, 2009, 74 FR 1903) and for the Houston-Galveston-Brazoria area (April 2, 2013, 63 FR 19599). The current revisions update RACT where applicable for 1997 ozone

nonattainment counties in Texas.

The current rulemaking considers 1997 ozone nonattainment counties, not 2008 ozone counties. In particular, it does not address the designation of Wise County as nonattainment in the DFW ozone nonattainment area under the 2008 ozone standard (77 FR 30088, May 21, 2012), therefore, we are not addressing RACT requirements in Wise County at this time. We understand the TCEQ has a rulemaking project (Rule Project No. 2013-048-115-AI) that will address applicable RACT requirements in Wise County, including Stage I requirements. This rule was proposed on December 10, 2014 and is still in the comment period as of the writing of this TSD (March 31, 2015).

This technical support document has evaluated the revisions to the Texas Stage I Vapor Control

Requirements adopted on September 10, 2014 and submitted as a revision to the Texas SIP on

November 12, 2014. The EPA also evaluated numerous formatting and typographical revisions

and found those to improve clarity and readability of the SIP.

It is recommended that the EPA propose approval of the November 12, 2014 revision. Because

these are noncontroversial revisions the EPA should consider a direct final approval.

### Appendix A

SUBCHAPTER A: DEFINITIONS

§115.10

Statutory Authority The amendment is adopted under Texas Water Code (TWC), §5.102, concerning General Powers, that provides the commission with the general powers to carry out its duties under the TWC; TWC, §5.103, concerning Rules, that authorizes the commission to adopt rules necessary to carry out its powers and duties under the TWC; TWC, §5.105, concerning General Policy, that authorizes the commission by rule to establish and approve all general policy of the commission; and under Texas Health and Safety Code (THSC), §382.017, concerning Rules, that authorizes the commission to adopt rules consistent with the policy and purposes of the Texas Clean Air Act. The amendment is also adopted under THSC, §382.002, concerning Policy and Purpose, that establishes the commission's purpose to safeguard the state's air resources, consistent with the protection of public health, general welfare, and physical property; THSC, §382.011, concerning General Powers and Duties, that authorizes the commission to control the quality of the state's air; THSC, §382.012, concerning State Air Control Plan, that authorizes the commission to prepare and develop a general, comprehensive plan for the proper control of the state's air; and THSC, §382.208, concerning Attainment Program, which authorizes the commission to develop and implement transportation programs and other measures necessary to demonstrate attainment and protect the public from exposure to hazardous air contaminants from motor vehicles. The amendment is also adopted under THSC, §382.016, concerning Monitoring Requirements; Examination of Records, that authorizes the commission to prescribe reasonable requirements for the measuring and monitoring of air contaminant emissions. The amendment is also adopted under FCAA, 42 USC, §§7401, et seq., which requires states to submit SIP revisions that specify the manner in which the NAAQS will be achieved and maintained within each air quality control region of the state.

The adopted amendment implements THSC, §382.208, concerning Attainment Program, which authorizes the commission to develop and implement transportation programs and other measures necessary to demonstrate attainment and protect the public from exposure to hazardous air contaminants from motor vehicles.

§115.10. Definitions.

Unless specifically defined in Texas Health and Safety Code, Chapter 382 (also known as the Texas Clean Air Act) or in the rules of the commission, the terms used by the commission have the meanings commonly ascribed to them in the field of air pollution control. In addition to the terms which are defined by the Texas Clean Air Act, the following terms, when used in this chapter (relating to Control of Air Pollution from Volatile Organic Compounds), have the following meanings, unless the context clearly indicates otherwise. Additional definitions for terms used in this chapter are found in §3.2 and §101.1 of this title (relating to Definitions).(1) Background--The ambient concentration of volatile organic compounds in the air, determined

at least one meter upwind of the component to be monitored. Test Method 21 (40 Code of Federal Regulations Part 60, Appendix A) shall be used to determine the background.

(2) Beaumont-Port Arthur [Beaumont/Port Arthur] area--Hardin, Jefferson, and Orange

Counties.

(3) Capture efficiency--The amount of volatile organic compounds (VOC) collected by a capture system that is expressed as a percentage derived from the weight per unit time of VOCs entering a capture system and delivered to a control device divided by the weight per unit time of total VOCs generated by a source of VOCs.

(4) Carbon adsorption system--A carbon adsorber with an inlet and outlet for exhaust gases and a system to regenerate the saturated adsorbent.

(5) Closed-vent system--A system that:

(A) is not open to the atmosphere;

(B) is composed of piping, ductwork, connections, and, if necessary, flow-inducing

devices; and

(C) transports gas or vapor from a piece or pieces of equipment directly to a control

device.

(6) Coaxial system--A type of system consisting of a tube within a tube that requires only one tank opening. The tank opening allows fuel to flow through the inner tube while vapors are displaced through the annular space between the inner and outer tubes.

(7) [(6)] Component--A piece of equipment, including, but not limited to, pumps, valves, compressors, connectors, and pressure relief valves, which has the potential to leak volatile organic compounds.

(8) [(7)] Connector--A flanged, screwed, or other joined fitting used to connect two pipe lines or a pipe line and a piece of equipment. The term connector does not include joined fittings welded completely around the circumference of the interface. A union connecting two pipes is

considered to be one connector.

(9) [(8)] Continuous monitoring--Any monitoring device used to comply with a continuous monitoring requirement of this chapter will be considered continuous if it can be demonstrated that at least 95% of the required data is captured.

(10) [(9)] Covered ozone attainment counties--Anderson, Angelina, Aransas, Atascosa, Austin, Bastrop, Bee, Bell, Bexar, Bosque, Bowie, Brazos, Burleson, Caldwell, Calhoun, Camp, Cass, Cherokee, Colorado, Comal, Cooke, Coryell, De Witt, Delta, Falls, Fannin, Fayette, Franklin, Freestone, Goliad, Gonzales, Grayson, Gregg, Grimes, Guadalupe, Harrison, Hays, Henderson,Hill, Hood, Hopkins, Houston, Hunt, Jackson, Jasper, Karnes, Lamar, Lavaca, Lee, Leon,

Limestone, Live Oak, Madison, Marion, Matagorda, McLennan, Milam, Morris, Nacogdoches, Navarro, Newton, Nueces, Panola, Polk, Rains, Red River, Refugio, Robertson, Rusk, Sabine, San Augustine, San Jacinto, San Patricio, Shelby, Smith, Somervell, Titus, Travis, Trinity, Tyler, Upshur, Van Zandt, Victoria, Walker, Washington, Wharton, Williamson, Wilson, Wise, and

Wood Counties.

(11) [(10)] Dallas-Fort Worth [Dallas/Fort Worth] area--For purposes of Subchapter B, Division 5 of this chapter (relating to Municipal Solid Waste Landfills) [of this chapter, General Volatile Organic Compound Sources, Division 5, Municipal Solid Waste Landfills,] Collin, Dallas,

Denton, and Tarrant Counties. For all other divisions, Collin, Dallas, Denton, Ellis, Johnson,

Kaufman, Parker, Rockwall, and Tarrant Counties.

(12) Dual-point vapor balance system--A type of vapor balance system in which the storage tank is equipped with an entry port for a gasoline fill pipe and a separate exit port for vapor

connection.

(13) [(11)] El Paso [area]--El Paso County.

(14) [(12)] Emergency flare--A flare that only receives emissions during an upset event.

(15) [(13)] External floating roof--A cover or roof in an open-top tank which rests upon or is floated upon the liquid being contained and is equipped with a single or double seal to close the space between the roof edge and tank shell. A double seal consists of two complete and separate closure seals, one above the other, containing an enclosed space between them. For the purposes of this chapter, an external floating roof storage tank that is equipped with a self-supporting fixed roof (typically a bolted aluminum geodesic dome) shall be considered to be an internal floating roof storage tank.

(16) [(14)] Fugitive emission--Any volatile organic compound entering the atmosphere that could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening designed to direct or control its flow.

(17) [(15)] Gasoline bulk plant--A gasoline loading and/or unloading facility, excluding marine terminals, having a gasoline throughput less than 20,000 gallons (75,708 liters) per day, averaged over each consecutive 30-day period. A motor vehicle fuel dispensing facility is not a gasoline bulk plant.

(18) Gasoline dispensing facility--A location that dispenses gasoline to motor vehicles and includes retail, private, and commercial outlets.

(19) [(16)] Gasoline terminal--A gasoline loading and/or unloading facility, excluding marine terminals, having a gasoline throughput equal to or greater than 20,000 gallons (75,708 liters) per day, averaged over each consecutive 30-day period.(20) [(17)] Heavy liquid--Volatile organic compounds that have a true vapor pressure equal to or

less than 0.044 pounds per square inch absolute (0.3 kiloPascal) at 68 degrees Fahrenheit (20 degrees Celsius).

(21) [(18)] Highly-reactive volatile organic compound--As follows.

(A) In Harris County, one or more of the following volatile organic compounds (VOC) [(VOCs)]: 1,3-butadiene; all isomers of butene (e.g., isobutene (2-methylpropene or isobutylene), alpha-butylene (ethylethylene), and beta-butylene (dimethylethylene, including both cis- and trans-isomers)); ethylene; and propylene.

(B) In Brazoria, Chambers, Fort Bend, Galveston, Liberty, Montgomery, and Waller Counties, one or more of the following VOC emissions [VOCs]: ethylene and propylene.

(22) [(19)] Houston-Galveston [Houston/Galveston] or Houston-Galveston-Brazoria [Houston/Galveston/Brazoria] area--Brazoria, Chambers, Fort Bend, Galveston, Harris, Liberty, Montgomery, and Waller Counties.

(23) [(20)] Incinerator--For the purposes of this chapter, an enclosed control device that combusts or oxidizes volatile organic compound gases or vapors.

(24) [(21)] Internal floating cover--A cover or floating roof in a fixed roof tank that rests upon or is floated upon the liquid being contained, and is equipped with a closure seal or seals to close the space between the cover edge and tank shell. For the purposes of this chapter, an external floating roof storage tank that is equipped with a self-supporting fixed roof (typically a bolted aluminum geodesic dome) shall be considered to be an internal floating roof storage tank.

(25) [(22)] Leak-free marine vessel--A marine vessel with cargo tank closures (hatch covers, expansion domes, ullage openings, butterworth covers, and gauging covers) that were inspected prior to cargo transfer operations and all such closures were properly secured such that no leaks of liquid or vapors can be detected by sight, sound, or smell. Cargo tank closures must meet the applicable rules or regulations of the marine vessel's classification society or flag state. Cargo tank pressure/vacuum valves must be operating within the range specified by the marine vessel's classification society or flag state and seated when tank pressure is less than 80% of set point pressure such that no vapor leaks can be detected by sight, sound, or smell. As an alternative, a marine vessel operated at negative pressure is assumed to be leak-free for the purpose of this

standard.

(26) [(23)] Light liquid--Volatile organic compounds that have a true vapor pressure greater than 0.044 pounds per square inch absolute (0.3 kiloPascal) at 68 degrees Fahrenheit (20 degrees Celsius), and are a liquid at operating conditions.

(27) [(24)] Liquefied petroleum gas--Any material that is composed predominantly of any of the following hydrocarbons or mixtures of hydrocarbons: propane, propylene, normal butane, isobutane, and butylenes.(28) [(25)] Low-density polyethylene--A thermoplastic polymer or copolymer comprised of at

least 50% ethylene by weight and having a density of 0.940 grams per cubic centimeter or less.

(29) [(26)] Marine loading facility--The loading arm(s), pumps, meters, shutoff valves, relief valves, and other piping and valves that are part of a single system used to fill a marine vessel at a single geographic site. Loading equipment that is physically separate (i.e., does not share common piping, valves, and other loading equipment) is considered to be a separate marine loading facility.

(30) [(27)] Marine loading operation--The transfer of oil, gasoline, or other volatile organic liquids at any affected marine terminal, beginning with the connections made to a marine vessel and ending with the disconnection from the marine vessel.

(31) [(28)] Marine terminal--Any marine facility or structure constructed to transfer oil, gasoline, or other volatile organic liquid bulk cargo to or from a marine vessel. A marine terminal may include one or more marine loading facilities.

(32) [(29)] Metal-to-metal seal--A connection formed by a swage ring that exerts an elastic, radial preload on narrow sealing lands, plastically deforming the pipe being connected, and maintaining sealing pressure indefinitely.

(33) [(30)] Natural gas/gasoline processing--A process that extracts condensate from gases obtained from natural gas production and/or fractionates natural gas liquids into component products, such as ethane, propane, butane, and natural gasoline. The following facilities shall be included in this definition if, and only if, located on the same property as a natural gas/gasoline processing operation previously defined: compressor stations, dehydration units, sweetening units, field treatment, underground storage, liquefied [liquified] natural gas units, and field gas gathering systems.

(34) [(31)] Petroleum refinery--Any facility engaged in producing gasoline, kerosene, distillate fuel oils, residual fuel oils, lubricants, or other products through distillation of crude oil, or through the redistillation, cracking, extraction, reforming, or other processing of unfinished petroleum derivatives.

(35) [(32)] Polymer or resin manufacturing process--A process that produces any of the following polymers or resins: polyethylene, polypropylene, polystyrene, and styrenebutadiene

latex.

(36) [(33)] Pressure relief valve or pressure-vacuum relief valve--A safety device used to prevent operating pressures from exceeding the maximum and minimum allowable working pressure of the process equipment. A pressure relief valve or pressure-vacuum relief valve is automatically actuated by the static pressure upstream of the valve[,] but does not include:

(A) a rupture disk; or(B) a conservation vent or other device on an atmospheric storage tank that is actuated

either by a vacuum or a pressure of no more than 2.5 pounds per square inch gauge.

(37) [(34)] Printing line--An operation consisting of a series of one or more printing processes and including associated drying areas.

(38) [(35)] Process drain--Any opening (including a covered or controlled opening) that is installed or used to receive or convey wastewater into the wastewater system.

(39) [(36)] Process unit--The smallest set of process equipment that can operate independently and includes all operations necessary to achieve its process objective.

(40) [(37)] Rupture disk--A diaphragm held between flanges for the purpose of isolating a volatile organic compound from the atmosphere or from a downstream pressure relief valve.

(41) [(38)] Shutdown or turnaround--For the purposes of this chapter, a work practice or operational procedure that stops production from a process unit or part of a unit during which time it is technically feasible to clear process material from a process unit or part of a unit consistent with safety constraints, and repairs can be accomplished.

(A) The term shutdown or turnaround does not include a work practice that would stop production from a process unit or part of a unit:

(i) for less than 24 hours; or

(ii) for a shorter period of time than would be required to clear the process unit or part of the unit and start up the unit.

(B) Operation of a process unit or part of a unit in recycle mode (i.e., process material is circulated, but production does not occur) is not considered shutdown.

(42) [(39)] Startup--For the purposes of this chapter, the setting into operation of a piece of equipment or process unit for the purpose of production or waste management.

(43) [(40)] Strippable volatile organic compound (VOC)--Any VOC in cooling tower heat exchange system water that is emitted to the atmosphere when the water passes through the cooling tower.

(44) [(41)] Synthetic organic chemical manufacturing process--A process that produces, as intermediates or final products, one or more of the chemicals listed in 40 Code of Federal Regulations §60.489 (October 17, 2000).

(45) [(42)] Tank-truck tank--Any storage tank having a capacity greater than 1,000 gallons, mounted on a tank-truck or trailer. Vacuum trucks used exclusively for maintenance and spill response are not considered to be tank-truck tanks.(46) [(43)] Transport vessel--Any land-based mode of transportation (truck or rail) equipped with

a storage tank having a capacity greater than 1,000 gallons that is used to transport oil, gasoline, or other volatile organic liquid bulk cargo. Vacuum trucks used exclusively for maintenance and spill response are not considered to be transport vessels.

(47) [(44)] True partial pressure--The absolute aggregate partial pressure of all volatile organic compounds in a gas stream.

(48) [(45)] Vapor balance system--A system that provides for containment of hydrocarbon vapors by returning displaced vapors from the receiving vessel back to the originating vessel.

(49) [(46)] Vapor control system or vapor recovery system--Any control system that utilizes vapor collection equipment to route volatile organic compounds (VOC) to a control device that

reduces VOC emissions.

(50) [(47)] Vapor-tight--Not capable of allowing the passage of gases at the pressures encountered except where other acceptable leak-tight conditions are prescribed in this chapter.

(51) [(48)] Waxy, high pour point crude oil--A crude oil with a pour point of 50 degrees Fahrenheit (10 degrees Celsius) or higher as determined by the American Society for Testing and

Materials Standard D97-66, "Test for Pour Point of Petroleum Oils."

SUBCHAPTER C: VOLATILE ORGANIC COMPOUND TRANSFER OPERATIONS DIVISION 2: FILLING OF GASOLINE STORAGE VESSELS (STAGE I) FOR MOTOR

VEHICLE FUEL DISPENSING FACILITIES §§115.221, 115.222, 115.224 - 115.227, 115.229

Statutory Authority The amendments are adopted under Texas Water Code (TWC), §5.102, concerning General Powers, that provides the commission with the general powers to carry out its duties under the TWC; TWC, §5.103, concerning Rules, that authorizes the commission to adopt rules necessary to carry out its powers and duties under the TWC; TWC, §5.105, concerning General Policy, that authorizes the commission by rule to establish and approve all general policy of the commission; and under Texas Health and Safety Code (THSC), §382.017, concerning Rules, that authorizes the commission to adopt rules consistent with the policy and purposes of the TexasClean Air Act. The amendments are also adopted under THSC, §382.002, concerning Policy and

Purpose, that establishes the commission's purpose to safeguard the state's air resources, consistent with the protection of public health, general welfare, and physical property; THSC, §382.011, concerning General Powers and Duties, that authorizes the commission to control the quality of the state's air; THSC, §382.012, concerning State Air Control Plan, that authorizes the commission to prepare and develop a general, comprehensive plan for the proper control of the state's air; and THSC, §382.208, concerning Attainment Program, which authorizes the commission to develop and implement transportation programs and other measures necessary to demonstrate attainment and protect the public from exposure to hazardous air contaminants from motor vehicles. The amendments are also adopted under THSC, §382.016, concerning Monitoring Requirements; Examination of Records, that authorizes the commission to prescribe reasonable requirements for the measuring and monitoring of air contaminant emissions. The amendments are also adopted under Federal Clean Air Act, 42 United States Code, §§7401, et seq., which requires states to submit state implementation plan revisions that specify the manner in which the NAAQS will be achieved and maintained within each air quality control region of

the state.

The adopted amendments implement THSC, §382.208, concerning Attainment Program, which authorizes the commission to develop and implement transportation programs and other measures necessary to demonstrate attainment and protect the public from exposure to hazardous air contaminants from motor vehicles.

§115.221. Emission Specifications.

No person in the Beaumont-Port Arthur [Beaumont/Port Arthur], Dallas-Fort Worth

[Dallas/Fort Worth], El Paso, and Houston-Galveston-Brazoria [Houston/Galveston] areas or in the covered attainment counties, as defined in §115.10 of this title (relating to Definitions), shall transfer, or allow the transfer of, gasoline from any tank-truck tank into a stationary storage container which is located at a gasoline [motor vehicle fuel] dispensing facility, unless the displaced vapors from the gasoline storage container are controlled by one of the following:

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

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

§115.222. Control Requirements.

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 must not be obstructed by a screen, grate, or similar device whose presence would preclude the determinationof 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 of the product drop line's crosssectional area;

(5) in the Beaumont-Port Arthur [Beaumont/Port Arthur], Dallas-Fort Worth [Dallas/Fort

Worth], El Paso, and

Houston-Galveston-Brazoria [Houston/Galveston] areas and 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 kilopascals (kPa) [kPa]) [or in accordance with the facility's Stage II system as defined in the California Air Resources Board (CARB) Executive Order(s) or third-party certification 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);]

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

(7) [(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);

(8) [(9)] no leak, as defined in §101.1 of this title, exists from potential leak sources when measured with a hydrocarbon gas analyzer;

(9) [(10)] in the Beaumont-Port Arthur [Beaumont/Port Arthur], Dallas-Fort Worth [Dallas/Fort

Worth], El Paso, and

Houston-Galveston-Brazoria [Houston/Galveston] areas, any storage tank installed after November 15, 1993, which is required to install Stage I control equipment must be equipped with a dual-point vapor balance system, as defined in §115.10 of this title. [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 must be equipped with a dual-point vapor balance system [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];(10) [(11)] in the covered attainment counties, any storage tank installed after December 22,

1998, which is required to install Stage I control equipment must be equipped with a dual-point vapor balance system, as defined in §115.10 of this title [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 must be equipped with a dual-point vapor balance system [non-coaxial Stage I connection], even if the original installation utilized coaxial Stage I

connections; and

(11) [(12)] any gasoline [motor vehicle fuel] dispensing facility that no longer meets an exemption in §115.227 of this title (relating to Exemptions) because of an increase in throughput shall have 120 days to come into compliance with the provisions of this section [subsection] and will remain subject to the provisions of this section, 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.

§115.224. Inspection Requirements.

In the Beaumont-Port Arthur [Beaumont/Port Arthur], Dallas-Fort Worth [Dallas/Fort

Worth], El Paso, and

Houston-Galveston-Brazoria [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 gasoline [motor vehicle fuel] dispensing facilities. Gasoline transfer shall be discontinued immediately when any liquid leaks, visible vapors, or significant odors are [a leak is] observed and shall not be resumed until the observed issue [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 Inspection Requirements; Approved Test Methods; Recordkeeping Requirements; and Exemptions, respectively [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.

§115.225. Testing Requirements.

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 according to the requirements of 40 Code of Federal Regulations (CFR) §63.11120 [by applying one or more of the following test methods, as appropriate]. Additionally, all affected gasoline dispensing facilities are required to annually comply with the following testing requirements

found in 40 CFR §63.11120:(1) California Air Resources Board Vapor Recovery Test Procedure TP 201.1E - Leak Rate and

Cracking Pressure of Pressure/Vacuum Vent Valves.

(2) California Air Resources Board Vapor Recovery Test Procedure TP-201.3 - Determination of 2-Inch WC Static Pressure Performance of Vapor Recovery Systems of Dispensing Facilities.

(3) Alternate test methods other than those specified in paragraphs (1) - (2) of this section may be used if validated by 40 CFR §63.7(f).

[(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.]

§115.226. Recordkeeping Requirements.

The owner or operator of each gasoline [motor vehicle fuel] dispensing facility in the

Beaumont-Port Arthur [Beaumont/Port Arthur], Dallas-Fort Worth [Dallas/Fort Worth], El Paso,

and Houston-Galveston-Brazoria [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 during an inspection make the records available at the site upon request to representatives of the executive director, the United States Environmental Protection Agency [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 gasoline [motor vehicle fuel]

dispensing facility in accordance with the provisions specified in §115.225 of this title (relating to Testing Requirements); and

(B) [ in the Beaumont/Port Arthur,,Dallas/Fort Worth, El Paso, and Houston/Galveston areas,] a record of the gasoline throughput for a 24-month rolling calendar period beginning January 1,

1991. [ 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.]

§115.227. Exemptions.

The following exemptions apply:

(1) In the Beaumont-Port Arthur [Beaumont/Port Arthur], Dallas-Fort Worth [Dallas/Fort

Worth], El Paso, and Houston-Galveston-Brazoria [Houston/Galveston] areas, transfers to stationary storage tanks located at a gasoline [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(3) [§115.222(7)] of this title (relating to Control Requirements) as it applies to liquid gasoline leaks, visible vapors, or significant odors;

(B) §115.222(6) [§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, visible vapors, or significant odors; 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 gasoline [motor vehicle fuel] dispensing facilities are exempt from the requirements of this division, except for:(A) §115.222(3) [§115.222(7)] of this title as it applies to liquid gasoline leaks, visible vapors, or

significant odors;

(B) §115.222(6) [§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, visible vapors, or significant

odors.

(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 gasoline [motor vehicle fuel] dispensing facility which has dispensed less than 100,000 [125,000] gallons of gasoline in any calendar month after October 31, 2014 [January 1, 1999] are exempt from the requirements of this division, except for:

(A) §115.222(3) [§115.222(7)] of this title as it applies to liquid gasoline leaks, visible vapors, or significant odors;

(B) §115.222(6) [§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, visible vapors, or significant

odors; and

(D) §115.226(2)(B) [§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 gasoline [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(3) [§115.222(7)] of this title as it applies to liquid gasoline leaks, visible vapors, or significant odors;

(B) §115.222(6) [§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, visible vapors, or significant

odors; and

(D) §115.226(2)(B) [§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.

§115.229. Counties and Compliance Schedules.

(a) The owner or operator of each gasoline [motor vehicle fuel] dispensing facility in the

Beaumont-Port Arthur, El Paso, and Houston-Galveston-Brazoria areas and in Collin, Dallas,

Denton, and Tarrant Counties [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 gasoline [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 gasoline [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.

(d) The owner or operator of each gasoline [motor vehicle fuel] dispensing facility in Ellis, Johnson, Kaufman, Parker, and Rockwall Counties that has dispensed at least 10,000 gallons of gasoline but less than 125,000 gallons of gasoline in any calendar month after April 30, 2005, shall comply with this division as soon as practicable, but no later than June 15, 2007.