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 Action 
3 

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 Submittal

The action accompanying this TSD addresses the proposed revisions to the Stage I Testing Requirements found iSubchapters A and C of the Texas SIP. Chapter 115 Subchapter A contains the definitions used in the Chapter ancontains 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 

below. 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 current Texas Register style and format rechanges include consistent use of acronyms, section references, etc. These changes can be seen in Appendix A. 

A is underlined and deleted text is in [brackets]. 

A. Review of Chapter 115 revisions 

Table I.A Chapter 115 Subchapter A Revisions 

Revisions to the Texas SIP Adopted on September 10, 2014 Submitted on November 12, 2014 

SIP Revision Submittal November 12, 2014 

Comments 

Section 115.10, Definitions 

(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. 

The term "coaxial systype of vapor control within a tube that reqopening allowing fuetube while vapors are annular space betweetubes. This type of sysGDFs. The addition of this dthe regulation’s abilitfederal requirements 
Table I.A Chapter 115 

Subchapter A Revisions Revisions to the Texas SIP Adopted on September 10, 2014 Submitted on November 12, 2014 

SIP Revision Submittal November 12, 2014 

Comments 

(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. 

The term "dual-point incorporated from 40 describe a type of sysinstalled at a facility. balance system allowfor the loading of gasgasoline vapors to a tThe addition of this dthe regulation’s abilitfederal requirements 

(18) Gasoline dispensing facility--A location that 

dispenses gasoline to motor vehicles and includes retail, private, and commercial outlets. 

The term "gasoline dito replace the term "mdispensing facility" uconsistency with rece115 Stage II rules and The addition of this dthe regulation’s abilitfederal requirements 

(33) Pressure relief valve --A safety device used to prevent operating pressures from exceeding the maximum allowable working pressure of the process equipment. A pressure 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. 

(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. 

The definition for "prupdated to also apply valves" to keep the woconsistent and with thto cover relief valves consistent with the teSubpart CCCCCC of This revision does noability to meet the apprequirements and is a
The analysis presented above in Table I.A. demonstrates that the revisions to Texas Chapter 115, Subchapter A s

12, 2014, are approvable. 

Table I.B Chapter 115 Subchapter C Revisions 

Revisions to the Texas SIP Adopted on September 10, 2014 Submitted on November 12, 2014

SIP Revision Submittal November 12, 2014

Comments

Section 115.221, Emissions SpecificationsNo person in the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston Areas as defined in §115.10 of this title (relating to Definitions) shall transfer, or allow the transfer of, gasoline from any tank-truck tank into a stationary storage container which is located at a motor vehicle fuel dispensing facility, unless the displaced vapors from the gasoline storage container are controlled by one of the following: (1) a vapor recovery 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).

No person in the Beaumont-Port Arthur 

Beaumont/Port Arthur, Dallas-Fort Worth Dallas/Fort Worth, El Paso, and HoustonGalveston-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). 

Before the 2014 revisionrevised by the State in 19Register, 24 TexReg 548revision on December 20we mistakenly did not ad115.221 in the table founThe revision made by TCis being included here to the Federal Register. 

Section 115.222, Inspection Requirements(5) in the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston areas the only atmospheric emission during gasoline transfer 

(5) in the Beaumont-Port Arthur Beaumont/Port 

Arthur, Dallas-Fort Worth Dallas/Fort Worth, El Paso, and Houston-Galveston-Brazoria 

The adopted revisions defacilities with a Stage II establish a pressure rate 
Table I.B Chapter 115 

Subchapter C Revisions Revisions to the Texas SIP Adopted on September 10, 2014 Submitted on November 12, 2014

SIP Revision Submittal November 12, 2014

Comments

into the storage container is through a storage container vent line equipped with a pressurevacuum relief valve set to open at a pressure of no more than eight ounces per square inch (3.4 kPa) or in accordance with the facility's Stage II system as defined in the California Air Resources Board (CARB) Executive Order(s) 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 pressurevacuum relief valve set to open at a pressure of no more than eight ounces per square inch (3.4 kPa); 

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 pressurevacuum relief valve set to open at a pressure of no more than eight ounces per square inch (3.4 kPa); 

vacuum relief valve is serequirements or has a thbecause the Stage II reqrequired due to the TCEdecommissioning of Stagadopted language incorppoint vapor balance systand removes the languagconnections. Dual-point more effective than singlcontrolling vapors durinbecause two separate horecovering fuel vapors adelivery truck and storagback pressure and highevapor balance systems aStage I connection used required at all applicabl10, 2011. The information in paraginto paragraph (5). After regarding Stage II, the rattainment counties in pato the requirements for ounder paragraph (5). Thparagraphs will eliminalanguage. This revision does not imability to meet the applicand is approvable. 

Section 115.224, Inspection Requirements
Table I.B Chapter 115 

Subchapter C Revisions Revisions to the Texas SIP Adopted on September 10, 2014 Submitted on November 12, 2014

SIP Revision Submittal November 12, 2014

Comments

In the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston areas and in the covered attainment counties, as defined in §115.10 of this title (relating to Definitions), the following inspection requirements shall apply.  (1) Inspections for liquid leaks, visible vapors, or significant odors resulting from gasoline transfer shall be conducted at motor vehicle fuel dispensing facilities. Gasoline transfer shall be discontinued immediately when a leak is observed and shall not be resumed until the observed leak is repaired.  (2) The gasoline tank-truck tank must have been inspected for leaks within one year in accordance with the requirements of §§115.234-115.237 of this title (relating to Control of Volatile Organic Compound Leaks from Transport Vessels), as evidenced by a prominently displayed certification affixed near the United States Department of Transportation certification plate.

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. 

This revision provides adrule language by providfor the types of potential result in a discontinuatiogasoline. This revision does not imability to meet the applicand is approvable. 

Section 115.225, Testing RequirementsCompliance 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 

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 

This revision removes threquires all affected GDrequirements of 40 CFRrevisions make the testinEast Texas facilities con
Table I.B Chapter 115 

Subchapter C Revisions Revisions to the Texas SIP Adopted on September 10, 2014 Submitted on November 12, 2014

SIP Revision Submittal November 12, 2014

Comments

Requirements) shall be determined by applying one or more of the following test methods, as appropriate. (1) Flow rate. Test Methods 1-4 (40 Code of Federal Regulations (CFR) 60, Appendix A) are used for determining flow rate, as necessary.  (2) Concentration of volatile organic compounds.  (A) Test Method 18 (40 CFR 60, Appendix A) is used for determining gaseous organic compound emissions by gas chromatography.  (B) Test Method 25 (40 CFR 60, Appendix A) is used for determining total gaseous nonmethane organic emissions as carbon. 

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. 

Stage I rule except for threquirement. This will pconsistency in compliancTCEQ due to a more deftesting procedures. The CARB Vapor Recovis now required for GDFcompliance with the leak pressure requirements fovalves installed on the gThe CARB Vapor Recovis now required to demostatic pressure performavapor balance system by pressure test on the gasoThese test methods are mfacilities and therefore stThis revision does not imability to meet the applicand is approvable. 
Table I.B Chapter 115 

Subchapter C Revisions Revisions to the Texas SIP Adopted on September 10, 2014 Submitted on November 12, 2014

SIP Revision Submittal November 12, 2014

Comments

 (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.

(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. 

Section 115.226, Recordkeeping Requirements  (2) (B) in the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston areas, a record of gasoline throughput for each calendar month since January 1, 1991 until such time as the facility installs a Stage II vapor recovery system as required by §§115.241-249 of this title (relating to Control of Vehicle Refueling Emissions (Stage II) at Motor Vehicle Fuel Dispensing Facilities). The records must contain the calendar month and year, and the total facility gasoline throughput for each calendar month; and  (C) in the covered attainment counties, a record of gasoline throughput for each calendar month beginning January 1, 1999, until the facility is in compliance with §115.221 and §115.222 of this title (relating to Emission Specifications; and Control Requirements). The records must contain the calendar month and year, and the total facility gasoline throughput for each calendar month. These records must be made available at the site 

(2) (B) in the Beaumont/Port Arthur, Dallas/Fort 

Worth, El Paso, and Houston/Galveston areas, a record of 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 

The adopted revisions to language requiring facilrecovery systems to perfthe requirements would to the TCEQ's adoption Stage II equipment. The subparagraphs (B) and (recordkeeping requiremthe counties listed as the requirements are repealkeep the records for gascalendar month is updatrecords shall be kept for This revision does not imability to meet the applicand is approvable. 
Table I.B Chapter 115 

Subchapter C Revisions Revisions to the Texas SIP Adopted on September 10, 2014 Submitted on November 12, 2014

SIP Revision Submittal November 12, 2014

Comments

during inspection by representatives of the executive director, EPA, or any local air pollution control program with jurisdiction. 

inspection by representatives of the executive 

director, EPA, or any local air pollution control program with jurisdiction.

Section 115.227, Exemptions (3) In the covered attainment counties other than Bexar, Comal, Guadalupe, Wilson, Bastrop, Caldwell, Hays, Travis, and Williamson, transfers to stationary storage tanks located at a motor vehicle fuel dispensing facility which has dispensed less than 125,000 gallons of gasoline in any calendar month after January 1, 1999 are exempt from the requirements of this division, except for:  (A) §115.222(7) of this title;  (B) §115.222(3) of this title as it applies to liquid gasoline leaks;  (C) §115.224(1) of this title as it applies to liquid gasoline leaks; and  (D) §115.226(2)(C) of this title. 

(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. 

This revision reduces the exemption from Stage I vfrom 125,000 gallons peper month in paragraph owners and operators wrequirements and ensure throughput limits betweeStage I requirements. Ththroughput limit in this aprovides owners and opeof throughput for both strequirements in the majoattainment counties. ThiTCEQ with one throughpapplicability and complicovered attainment counapplicability threshold omonth under the ChapteCross-referenced sectionThis revision does not imability to meet the applicand 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 meet 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 Texas 
Clean 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 determination 
of the submerged fill pipe's proximity to the tank bottom while the submerged fill tube is 

properly installed; 

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

container; 

(3) no avoidable gasoline leaks, as detected by sight, sound, or smell, exist anywhere in the 

liquid transfer or vapor balance systems; 

(4) the vapor return line's cross-sectional area is at least one-half 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.