The following exemptions apply:
(1) In the Beaumont-Port Arthur, Dallas-Fort Worth,
El Paso, and Houston-Galveston-Brazoria areas, transfers to stationary
storage tanks located at a gasoline dispensing facility which has
dispensed no more than 10,000 gallons of gasoline in any calendar
month after January 1, 1991, and for which construction began prior
to November 15, 1992, are exempt from the requirements of this division,
except for:
(A) §115.222(3) of this title (relating to Control
Requirements) as it applies to liquid gasoline leaks, visible vapors,
or significant odors;
(B) §115.222(6) of this title;
(C) §115.224(1) of this title (relating to Inspection
Requirements) as it applies to liquid gasoline leaks, visible vapors,
or significant odors; and
(D) §115.226(2)(B) of this title (relating to
Recordkeeping Requirements).
(2) In the covered attainment counties, as defined
in §115.10 of this title (relating to Definitions), stationary
gasoline storage containers with a nominal capacity less than or equal
to 1,000 gallons at gasoline dispensing facilities are exempt from
the requirements of this division, except for:
(A) §115.222(3) of this title as it applies to
liquid gasoline leaks, visible vapors, or significant odors;
(B) §115.222(6) of this title; and
(C) §115.224(1) of this title as it applies to
liquid gasoline leaks, visible vapors, or significant odors.
(3) In the covered attainment counties other than Bexar,
Comal, Guadalupe, Wilson, Bastrop, Caldwell, Hays, Travis, and Williamson,
transfers to stationary storage tanks located at a gasoline dispensing
facility which has dispensed less than 100,000 gallons of gasoline
in any calendar month after October 31, 2014 are exempt from the requirements
of this division, except for:
(A) §115.222(3) of this title as it applies to
liquid gasoline leaks, visible vapors, or significant odors;
(B) §115.222(6) of this title;
(C) §115.224(1) of this title as it applies to
liquid gasoline leaks, visible vapors, or significant odors; and
(D) §115.226(2)(B) of this title.
(4) In Bexar, Comal, Guadalupe, Wilson, Bastrop, Caldwell,
Hays, Travis, and Williamson Counties transfers to stationary storage
tanks located at a gasoline dispensing facility which has dispensed
no more than 25,000 gallons of gasoline in any calendar month after
December 31, 2004 are exempt from the requirements of this division,
except for:
(A) §115.222(3) of this title as it applies to
liquid gasoline leaks, visible vapors, or significant odors;
(B) §115.222(6) of this title;
(C) §115.224(1) of this title as it applies to
liquid gasoline leaks, visible vapors, or significant odors; and
(D) §115.226(2)(B) of this title.
(5) Transfers to the following stationary receiving
containers are exempt from the requirements of this division:
(A) containers used exclusively for the fueling of
implements of agriculture; and
(B) storage tanks equipped with external floating roofs,
internal floating roofs, or their equivalent.
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| Source Note: The provisions of this §115.227 adopted to be effective February 19, 1990, 15 TexReg 549; amended to be effective August 1, 1992, 17 TexReg 4683; amended to be effective December 3, 1993, 18 TexReg 8538; amended to be effective July 21, 1999, 24 TexReg 5488; amended to be effective November 27, 2002, 27 TexReg 10935; amended to be effective December 9, 2004, 29 TexReg 11360; amended to be effective October 2, 2014, 39 TexReg 7745 |
