Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 115 - CONTROL OF AIR POLLUTION FROM VOLATILE ORGANIC › Subchapter B - GENERAL VOLATILE ORGANIC COMPOUND SOURCES › Division 1 - STORAGE OF VOLATILE ORGANIC COMPOUNDS › Section 115.111 - Exemptions

Current through Reg. 49, No. 28; July 12, 2024
(a) The following
					 exemptions apply in the Beaumont-Port Arthur, Dallas-Fort Worth, El Paso, and
					 Houston-Galveston-Brazoria areas, as defined in §
											115.10 of
					 this title (relating to Definitions), except as noted in paragraphs (2), (4),
					 (6), (7), and (9) - (11) of this subsection.
(1) Except as provided in §
												115.118
					 of this title (relating to Recordkeeping Requirements), a storage tank storing
					 volatile organic compounds (VOC) with a true vapor pressure less than 1.5
					 pounds per square inch absolute (psia) is exempt from the requirements of this
					 division.
(2) A storage tank with
					 storage capacity less than 210,000 gallons storing crude oil or condensate
					 prior to custody transfer in the Beaumont-Port Arthur or El Paso areas is
					 exempt from the requirements of this division. This exemption no longer applies
					 in the Dallas-Fort Worth area beginning March 1, 2013.
(3) A storage tank with a storage capacity
					 less than 25,000 gallons located at a motor vehicle fuel dispensing facility is
					 exempt from the requirements of this division.
(4) A welded storage tank in the
					 Beaumont-Port Arthur, El Paso, and Houston-Galveston-Brazoria areas with a
					 mechanical shoe primary seal that has a secondary seal from the top of the shoe
					 seal to the tank wall (a shoe-mounted secondary seal) is exempt from the
					 requirement for retrofitting with a rim-mounted secondary seal if the
					 shoe-mounted secondary seal was installed or scheduled for installation before
					 August 22, 1980.
(5) An external
					 floating roof storage tank storing waxy, high pour point crude oils is exempt
					 from any secondary seal requirements of §115.112(a), (d), and (e) of this
					 title (relating to Control Requirements).
(6) A welded storage tank in the
					 Beaumont-Port Arthur, El Paso, and Houston-Galveston-Brazoria areas storing VOC
					 with a true vapor pressure less than 4.0 psia is exempt from any external
					 floating roof secondary seal requirement if any of the following types of
					 primary seals were installed before August 22, 1980:
(A) a mechanical shoe seal;
(B) a liquid-mounted foam seal; or
(C) a liquid-mounted liquid filled type
					 seal.
(7) A welded
					 storage tank in the Beaumont-Port Arthur, El Paso, and
					 Houston-Galveston-Brazoria areas storing crude oil with a true vapor pressure
					 equal to or greater than 4.0 psia and less than 6.0 psia is exempt from any
					 external floating roof secondary seal requirement if any of the following types
					 of primary seals were installed before December 10, 1982:
(A) a mechanical shoe seal;
(B) a liquid-mounted foam seal; or
(C) a liquid-mounted liquid filled type
					 seal.
(8) A storage tank
					 with storage capacity less than or equal to 1,000 gallons is exempt from the
					 requirements of this division.
(9)
					 In the Houston-Galveston-Brazoria area, a storage tank or tank battery storing
					 condensate, as defined in §
												101.1 of
					 this title (relating to Definitions), prior to custody transfer with a
					 condensate throughput exceeding 1,500 barrels (63,000 gallons) per year on a
					 rolling 12-month basis is exempt from the requirement in §
												115.112(d)(4) or
					 (e)(4)(A) of this title, to control flashed
					 gases if the owner or operator demonstrates, using the test methods specified
					 in §
												115.117 of
					 this title (relating to Approved Test Methods), that uncontrolled VOC emissions
					 from the individual storage tank, or from the aggregate of storage tanks in a
					 tank battery, are less than 25 tons per year on a rolling 12-month
					 basis.
(10) In the Dallas-Fort
					 Worth area, except Wise County, a storage tank or tank battery storing
					 condensate prior to custody transfer with a condensate throughput exceeding
					 3,000 barrels (126,000 gallons) per year on a rolling 12-month basis is exempt
					 from the requirement in §
												115.112(e)(4)(B)(i)
					 of this title, to control flashed gases if the owner or operator demonstrates,
					 using the test methods specified in §
												115.117 of
					 this title, that uncontrolled VOC emissions from the individual storage tank,
					 or from the aggregate of storage tanks in a tank battery, are less than 50 tons
					 per year on a rolling 12-month basis. This exemption no longer applies 15
					 months after the date the commission publishes notice in the
Texas
					 Register
as specified in §
												115.119(b)(1)(C)
					 of this title (relating to Compliance Schedules) that the Dallas-Fort Worth
					 area has been reclassified as a severe nonattainment area for the 1997
					 Eight-Hour Ozone National Ambient Air Quality Standard.
(11) In the Dallas-Fort Worth area, except in
					 Wise County, on or after the date specified in §
												115.119(b)(1)(C)
					 of this title, a storage tank or tank battery storing condensate prior to
					 custody transfer with a condensate throughput exceeding 1,500 barrels (63,000
					 gallons) per year on a rolling 12-month basis is exempt from the requirement in
					 §
												115.112(e)(4)(B)(ii)
					 of this title, to control flashed gases if the owner or operator demonstrates,
					 using the test methods specified in §
												115.117 of
					 this title, that uncontrolled VOC emissions from the individual storage tank,
					 or from the aggregate of storage tanks in a tank battery, are less than 25 tons
					 per year on a rolling 12-month basis.
(12) In Wise County, prior to July 20, 2021,
					 a storage tank or tank battery storing condensate prior to custody transfer
					 with a condensate throughput exceeding 6,000 barrels (252,000 gallons) per year
					 on a rolling 12-month basis is exempt from the requirement in §
												115.112(e)(4)(C)
					 of this title, to control flashed gases if the owner or operator demonstrates,
					 using the test methods specified in §
												115.117 of
					 this title, that uncontrolled VOC emissions from the individual storage tank,
					 or from the aggregate of storage tanks in a tank battery, are less than 100
					 tons per year on a rolling 12-month basis.
(13) In Wise County, on or after July 20,
					 2021, a storage tank or tank battery storing condensate prior to custody
					 transfer with a condensate throughput exceeding 3,000 barrels (126,000 gallons)
					 per year on a rolling 12-month basis is exempt from the requirement in §
												115.112(e)(4)(C)
					 of this title, to control flashed gases if the owner or operator demonstrates,
					 using the test methods specified in §
												115.117 of
					 this title, that uncontrolled VOC emissions from the individual storage tank,
					 or from the aggregate of storage tanks in a tank battery, are less than 50 tons
					 per year on a rolling 12-month basis.
(14) In the Dallas-Fort Worth and
					 Houston-Galveston-Brazoria areas, beginning when compliance is achieved with
					 Division 7 of this subchapter (relating to Oil and Natural Gas Service in Ozone
					 Nonattainment Areas) but no later than January 1, 2023, a storage tank storing
					 crude oil or condensate that is subject to the compliance requirements of
					 Division 7 of this subchapter is exempt from all requirements in this
					 division.