| (a) The following exemptions apply in the Beaumont-Port
Arthur, Bexar County, 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, Bexar County, 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,
Bexar County, 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,
Bexar County, 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,
Bexar County, 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) 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 on November 7, 2025.
(11) In the Dallas-Fort Worth area, except in Wise
County, on or after November 7, 2025, 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) 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)(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 100 tons per year on a rolling 12-month
basis.
(13) In Wise County until November 7, 2025, , 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)(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 50 tons per year on a rolling 12-month
basis.
(14) In Wise County beginning November 7, 2025, 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)(D) 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.
(15) In the Bexar County area beginning January 1,
2025 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)(E) 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. 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.
(16) In the Bexar County, 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 its initial §115.183 compliance deadline,
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.
(b) The following exemptions apply in Gregg, Nueces,
and Victoria Counties.
(1) Except as provided in §115.118 of this title,
a storage tank storing VOC with a true vapor pressure less than 1.5
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
is exempt from the requirements of this division.
(3) A storage tank with 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 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.
Cont'd... |
