The following exemptions apply:
(1) In the Beaumont-Port Arthur, Bexar County, 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) Except as specified in paragraph (6) of this section,
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 County until January 1, 2025, and in 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.
(6) Bexar County is no longer a covered attainment
county, as defined in §115.10 of this title (relating to Definitions),
after December 31, 2024.
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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; amended to be effective May 16, 2024, 49 TexReg 3292 |
