Prior to the decommissioning deadline of August 31, 2018, owners
or operators of gasoline dispensing facilities that have not yet decommissioned
Stage II vapor controls in compliance with the requirements of this
division shall repair, replace, or retain Stage II vapor controls
as follows.
(1) Within 30 days of installation, at least once every
36 months thereafter, and upon major system replacement or modification,
Stage II vapor recovery systems must successfully meet the performance
criteria proper to the system by successfully completing the following
testing requirements using the test procedures as found in the commission's Vapor Recovery Test Procedures Handbook, (RG-399,
November 2002).
(A) For balance and assist systems:
(i) the manifolding or interconnectivity of the vapor
space must be consistent with the Executive Order or third-party certification
requirements for the installed system (Texas test procedure TXP-101
or equivalent);
(ii) the sum of the vapor leaks in the system must
not exceed acceptable limits for the system as defined in the pressure
decay test (Texas test procedure TXP-102 or equivalent);
(iii) the maximum acceptable backpressure through a
given vapor path must not exceed the limits as found in the backpressure/liquid
blockage test applicable for the vapor path for the system (Texas
test procedure TXP-103 or equivalent); and
(iv) the maximum gasoline flow rate through the nozzle
must not exceed the limits found in the Executive Order or third-party
certification for the system (Texas test procedure TXP-104 or equivalent).
(B) For bootless nozzle assist systems, the volume-to-liquid
ratio (V/L ratio) or air-to-liquid ratio (A/L ratio) must be within
acceptable limits (Texas test procedure TXP-106 or equivalent).
(C) Each system must meet minimum performance criteria
specific to the individual system as defined in the CARB Executive
Order or third-party certification. The criteria and test methods
contained in the test procedures handbook specified in this paragraph
must take precedence for applicable tests where performance criteria
exist in both the Executive Order and the test procedures handbook;
otherwise, the Executive Order specific criteria must take precedence.
(2) Verification of proper operation of the Stage II
equipment must be performed in accordance with the test procedures
referenced in this paragraph at least once every 12 months. The verification
must include all functional tests that were required for the initial
system test, except for TXP-101, Determination of Vapor Space Manifolding
of Vapor Recovery Systems at Gasoline Dispensing Facilities, and TXP-103,
Determination of Dynamic Pressure Performance (Dynamic Back-Pressure)
of Vapor Recovery Systems at Gasoline Dispensing Facilities, which
must be performed at least once every 36 months.
(3) The owner or operator, or his or her representative,
shall provide written notification to the appropriate regional office
and any local air pollution program with jurisdiction of the testing
date and time and of whom will conduct the test. The notification
must be received by the appropriate regional office and any local
air pollution program with jurisdiction at least ten working days
in advance of the test, and the notification must contain the information
and be in the format as found in the test procedures handbook. Notification
may take the form of a facsimile or telecopier transmission, as long
as the facsimile is received by the appropriate regional office and
any local air pollution program with jurisdiction at least ten working
days prior to the test and it is followed up within two weeks of the
transmission with a written notification. The owner or operator, or
his or her representative, shall give at least 24-hour notification
to the appropriate regional office and any local air pollution program
with jurisdiction if a scheduled test is cancelled. In the event that
the test cancellation is not anticipated prior to 24 hours before
the scheduled test, the owner or operator, or his or her representative,
shall notify the appropriate regional office and any local air pollution
program with jurisdiction as soon in advance of the scheduled test
as is practicable.
(4) Minor modifications of these test methods may only
be used if they have been approved by the executive director.
(5) All required tests must be conducted either in
the presence of a Texas Commission on Environmental Quality or local
program inspector with jurisdiction, or by a person who is registered
with the executive director to conduct Stage II vapor recovery tests.
The requirement to be registered begins on November 15, 1993, or 60
days after the executive director has established the registry, whichever
occurs later. The executive director may remove an individual from
the registry of testers for any of the following causes:
(A) the executive director can demonstrate that the
individual has failed to conduct the test(s) properly in at least
three separate instances; or
(B) the individual falsifies test results for tests
conducted to fulfill the requirements of this section.
(6) The owner or operator, or his or her representative,
shall submit the results of all tests required by this section to
the appropriate regional office and any local air pollution control
program with jurisdiction within ten working days of the completion
of the test(s) using the format specified in the test procedures handbook.
For purposes of on-site recordkeeping, the Test Procedures Results
Cover Sheet, properly completed with the summary of the testing, is
acceptable. The detailed results from each test conducted along with
a properly completed summary sheet, as provided for in the test procedures
handbook, must be submitted to the appropriate regional office and
any local air pollution control program with jurisdiction.
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Source Note: The provisions of this §115.245 adopted to be effective November 16, 1992, 17 TexReg 7782; amended to be effective December 3, 1993, 18 TexReg 8538; amended to be effective November 27, 2002, 27 TexReg 10935; amended to be effective April 13, 2005, 30 TexReg 2069; amended to be effective October 31, 2013, 38 TexReg 7453 |