| (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.
(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.
(5) An external floating roof storage tank storing
waxy, high pour point crude oils is exempt from any secondary seal
requirements of §115.112(b) of this title.
(6) A welded storage tank storing VOC with a true vapor
pressure less than 4.0 psia is exempt from any external 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 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 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.
(c) The following exemptions apply in Aransas, Bexar,
Calhoun, Matagorda, San Patricio, and Travis Counties.
(1) A storage tank storing VOC with a true vapor pressure
less than 1.5 psia is exempt from the requirements of this division.
(2) Slotted guidepoles installed in a floating roof
storage tank are exempt from the provisions of §115.112(c) of
this title.
(3) A storage tank with storage capacity between 1,000
gallons and 25,000 gallons is exempt from the requirements of §115.112(c)(1)
of this title if construction began before May 12, 1973.
(4) A storage tank with storage capacity less than
or equal to 420,000 gallons is exempt from the requirements of §115.112(c)(3)
of this title.
(5) A storage tank with storage capacity less than
or equal to 1,000 gallons is exempt from the requirements of this
division.
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