| (a) In Brazoria, Chambers, Fort Bend, Galveston, Harris,
Liberty, Montgomery, and Waller Counties, the compliance date has
passed and the owner or operator of each storage tank in which any
volatile organic compounds (VOC) are placed, stored, or held shall
continue to comply with this division except as follows.
(1) The affected owner or operator shall comply with
the requirements of §§115.112(d); 115.115(a)(1), (2), (3)(A),
and (4); 115.117; and 115.118(a) of this title (relating to Control
Requirements; Monitoring Requirements; Approved Test Methods; and
Recordkeeping Requirements, respectively) no later than January 1,
2009. Section 115.112(d) of this title no longer applies in the Houston-Galveston-Brazoria
area beginning March 1, 2013. Prior to March 1, 2013, the owner or
operator of a storage tank subject to §115.112(d) of this title
shall continue to comply with §115.112(d) of this title until
compliance has been demonstrated with the requirements of §115.112(e)(1)
- (6) of this title. Section 115.112(e)(3)(A)(i) of this title no
longer applies beginning July 20, 2018.
(A) If compliance with these requirements would require
emptying and degassing of the storage tank, compliance is not required
until the next time the storage tank is emptied and degassed but no
later than January 1, 2017.
(B) The owner or operator of each storage tank with
a storage capacity less than 210,000 gallons storing crude oil and
condensate prior to custody transfer shall comply with the requirements
of this division no later than January 1, 2009, regardless if compliance
with these requirements would require emptying and degassing of the
storage tank.
(2) The affected owner or operator shall comply with §§115.112(e)(1)
- (6), 115.115(a)(3)(B), (5), and (6), and 115.116 of this title (relating
to Testing Requirements) no later than March 1, 2013. Section 115.112(e)(3)(A)(i)
of this title no longer applies beginning July 20, 2018. Prior to
July 20, 2018, the owner or operator of a storage tank subject to §115.112(e)(3)(A)(i)
of this title shall continue to comply with §115.112(e)(3)(A)(i)
of this title until compliance has been demonstrated with the requirements
of §115.112(e)(3)(A)(ii) of this title. After July 20, 2018,
the owner or operator of a storage tank is subject to §115.112(e)(3)(A)(ii)
of this title.
(A) If compliance with these requirements would require
emptying and degassing of the storage tank, compliance is not required
until the next time the storage tank is emptied and degassed but no
later than January 1, 2017.
(B) The owner or operator of each storage tank with
a storage capacity less than 210,000 gallons storing crude oil and
condensate prior to custody transfer shall comply with these requirements
no later than March 1, 2013, regardless if compliance with these requirements
would require emptying and degassing of the storage tank.
(3) The affected owner or operator shall comply with §§115.112(e)(3)(A)(ii),
115.112(e)(7), 115.118(a)(6)(D) and (E), and 115.114(a)(5) of this
title (relating to Inspection and Repair Requirements) as soon as
practicable, but no later than July 20, 2018.
(b) In Collin, Dallas, Denton, Ellis, Johnson, Kaufman,
Parker, Rockwall, and Tarrant Counties, the owner or operator of each
storage tank in which any VOC is placed, stored, or held was required
to be in compliance with this division on or before March 1, 2009,
and shall continue to comply with this division, except as follows.
(1) The affected owner or operator shall comply with §§115.112(e),
115.115(a)(3)(B), (5), and (6), 115.116, and 115.118(a)(6) of this
title as soon as practicable, but no later than March 1, 2013.
(A) If compliance with §115.112(e) of this title
would require emptying and degassing of the storage tank, compliance
is not required until the next time the storage tank is emptied and
degassed but no later than December 1, 2021.
(B) The owner or operator of a storage tank with a
storage capacity less than 210,000 gallons storing crude oil and condensate
prior to custody transfer shall comply with these requirements no
later than March 1, 2013, regardless if compliance with these requirements
would require emptying and degassing of the storage tank.
(2) The affected owner or operator in Collin, Dallas,
Denton, Ellis, Johnson, Kaufman, Parker, Rockwall, and Tarrant Counties
shall comply with §§115.112(e)(7), 115.114(a)(5), and 115.118(a)(6)(D)
and (E) of this title no later than January 1, 2017.
(c) In Hardin, Jefferson, and Orange Counties, the
owner or operator of each storage tank in which any VOC is placed,
stored, or held was required to be in compliance with this division
by March 7, 1997, and shall continue to comply with this division,
except that compliance with §115.115(a)(3)(B), (5), and (6),
and §115.116 of this title is required no later than March 1,
2013.
(d) In El Paso County, the owner or operator of each
storage tank in which any VOC is placed, stored, or held was required
to be in compliance with this division by January 1, 1996, and shall
continue to comply with this division, except that compliance with §115.115(a)(3)(B),
(5), and (6), and §115.116 of this title is required no later
than March 1, 2013.
(e) Except as specified in subsection (g) of this section,
in Aransas, Bexar, Calhoun, Gregg, Matagorda, Nueces, San Patricio,
Travis, and Victoria Counties, the owner or operator of each storage
tank in which any VOC is placed, stored, or held was required to be
in compliance with this division by July 31, 1993, and shall continue
to comply with this division, except that compliance with §115.116(b)
of this title is required as soon as practicable, but no later than
March 1, 2013.
(f) In Wise County, the owner or operator of each storage
tank in which any VOC is placed, stored, or held was required to be
in compliance with this division by January 1, 2017, and shall continue
to comply with this division, except that compliance with §115.112(e)(4)(D)
and (5)(D) by no later than November 7, 2025.
(g) The owner or operator of each storage tank in the
Bexar County area subject to the requirements of this division shall
comply with the requirements of §115.112(c) and §115.114(c)
of this title through December 31, 2024 and all other applicable requirements
of this division no later than January 1, 2025.
(h) The owner or operator of each storage tank in which
any VOC is placed, stored, or held that becomes subject to this division
on or after the date specified in subsections (a) - (f) of this section,
shall comply with the requirements in this division no later than
60 days after becoming subject. In Brazoria, Chambers, Collin, Dallas,
Denton, Ellis, Fort Bend, Galveston, Harris, Johnson, Kaufman, Liberty,
Montgomery, Parker, Rockwall, Tarrant, Waller, and Wise Counties,
the owner or operator of a storage tank storing crude oil or condensate
shall continue to comply with the requirements in this division until
compliance with the requirements in Division 7 of this subchapter
(relating to Oil and Natural Gas Service in Ozone Nonattainment Areas)
is achieved or until December 31, 2022, whichever is sooner.
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| Source Note: The provisions of this §115.119 adopted to be effective February 19, 1990, 15 TexReg 549; amended to be effective July 17, 1991, 16 TexReg 3713; amended to be effective August 1, 1992, 17 TexReg 4683; amended to be effective November 16, 1992, 17 TexReg 7782; amended to be effective January 27, 1995, 20 TexReg 221; amended to be effective May 22, 1997, 22 TexReg 4213; amended to be effective December 7, 2006, 31 TexReg 9840; amended to be effective June 14, 2007, 32 TexReg 3178; amended to be effective December 29, 2011, 36 TexReg 8862; amended to beeffective June 25, 2015, 40 TexReg 3907; amended to be effective January 5, 2017, 41 TexReg 10649; amended to be effective March 26, 2020, 45 TexReg 2003; amended to be effective July 21, 2021, 46 TexReg 4313; amended to be effective May 16, 2024, 49 TexReg 3292 |
