| (a) The following exemptions apply in the Beaumont-Port
Arthur, Bexar County, Dallas-Fort Worth, El Paso, and Houston-Galveston-Brazoria
areas.
(1) Vapor pressure (at land-based operations). All
land-based loading and unloading (to or from transport vessels) of
volatile organic compounds (VOC) with a true vapor pressure less than
0.5 pounds per square inch, absolute (psia) under actual storage conditions
is exempt from the requirements of this division (relating to Loading
and Unloading of Volatile Organic Compounds), except for:
(A) §115.212(a)(2) of this title (relating to
Control Requirements);
(B) §115.214(a)(1)(A)(i) and (B) of this title
(relating to Inspection Requirements);
(C) §115.215(4) of this title (relating to Approved
Test Methods); and
(D) §115.216(2) and (3)(B) of this title (relating
to Monitoring and Recordkeeping Requirements).
(2) Throughput.
(A) Loading operations at any plant, as defined by
its air quality account number, excluding gasoline bulk plants, which
loads less than 20,000 gallons of VOC into transport vessels per day
(averaged over each consecutive 30-day period) with a true vapor pressure
greater than or equal to 0.5 psia under actual storage conditions
are exempt from the requirements of this division, except for:
(i) §115.212(a)(2) of this title;
(ii) §115.214(a)(1)(A)(i) and (B) of this title;
(iii) §115.215(4) of this title; and
(iv) §115.216(2), (3)(B), and (3)(D) of this title.
(B) Gasoline bulk plants which load less than 4,000
gallons of gasoline into transport vessels per day (averaged over
each consecutive 30-day period) are exempt from the requirements of
this division, except for:
(i) §115.212(a)(2) of this title;
(ii) §115.214(a)(1)(A)(i) and (B) of this title;
and
(iii) §115.216(3)(D) of this title.
(3) Liquefied petroleum gas. All loading and unloading
of liquefied petroleum gas is exempt from the requirements of this
division, except for:
(A) §115.212(a)(2) of this title;
(B) §115.214(a)(1)(A)(i) and (B) of this title;
and
(C) §115.216(3) of this title.
(4) Motor vehicle fuel dispensing facilities. Motor
vehicle fuel dispensing facilities, as defined in §101.1 of this
title (relating to Definitions), are exempt from the requirements
of this division.
(5) Marine vessels. The following marine vessel transfer
exemptions apply.
(A) The following marine vessel transfer operations
are exempt from this division:
(i) all loading and unloading of marine vessels in
ozone nonattainment areas other than the Houston-Galveston-Brazoria
area; and
(ii) transfer of VOC from one marine vessel to another
marine vessel ("lightering"), provided that the VOC transfer does
not use loading arm(s), pump(s), meter(s), valve(s), or piping that
are part of a marine terminal.
(B) The following marine vessel transfer operations
are exempt from the requirements of §§115.212(a), 115.214(a),
and 115.216 of this title, except as noted:
(i) all unloading of marine vessels, except for §115.214(a)(3)(B)(i)
and (C) and §115.216(2) of this title;
(ii) marine terminals with uncontrolled marine loading
VOC emissions less than 100 tons per year, except for §115.214(a)(3)(B)(i)
and (C) and §115.216(2) of this title. Emissions from marine
vessel loading operations which were routed to a control device that
was installed as of November 15, 1993, are excluded from this calculation.
Compliance with this exemption shall be demonstrated through the recordkeeping
and reporting requirements of the annual emissions inventory submitted
by the owner or operator of the marine terminal;
(iii) all throughput of VOC with a vapor pressure less
than 0.5 psia loaded into marine vessels, except for §§115.212(a)(6)(D),
115.214(a)(3)(B)(i) and (C), and 115.216(2) of this title; and
(iv) all throughput of VOC with a flash point of 150
degrees Fahrenheit or greater loaded into marine vessels, except for §§115.212(a)(6)(D),
115.214(a)(3)(B)(i) and (C), and 115.216(2) of this title.
(b) The following exemptions apply in the covered attainment
counties as defined in 115.10 of this title (relating to Definitions).
(1) General VOCs (non-gasoline). Except in Aransas,
Bexar, Calhoun, Gregg, Matagorda, Nueces, San Patricio, Travis, and
Victoria Counties, all loading and unloading of VOC other than gasoline
(to or from transport vessels) is exempt from the requirements of
this division. This exception no longer applies in Bexar County after
December 31, 2024.
(2) Vapor pressure (at land-based operations). All
land-based loading and unloading of VOC with a true vapor pressure
less than 1.5 psia under actual storage conditions is exempt from
the requirements of this division, except for:
(A) §115.212(b)(2) of this title;
(B) §115.214(b)(1)(A)(i) and (B) of this title;
(C) §115.215(4) of this title; and
(D) §115.216(2) and (3)(B) of this title.
(3) Throughput.
(A) Loading operations at any plant, as defined by
its air quality account number, excluding gasoline bulk plants, which
loads less than 20,000 gallons of VOC into transport vessels per day
(averaged over each consecutive 30-day period) with a true vapor pressure
greater than or equal to 1.5 psia under actual storage conditions
are exempt from the requirements of this division, except for:
(i) §115.212(b)(2) of this title;
(ii) §115.214(b)(1)(A)(i) and (B) of this title;
(iii) §115.215(4) of this title; and
(iv) §115.216(2), (3)(B), and (3)(D) of this title.
(B) Gasoline bulk plants which load less than 4,000
gallons of gasoline into transport vessels per day (averaged over
each consecutive 30-day period) are exempt from the requirements of
this division, except for:
(i) §115.212(b)(2) of this title;
(ii) §115.214(b)(1)(A)(i) and (B) of this title;
and
(iii) §115.216(3)(D) of this title.
(4) Crude oil, condensate, and liquefied petroleum
gas. All loading and unloading of crude oil, condensate, and liquefied
petroleum gas is exempt from the requirements of this division, except
for:
(A) §115.212(b)(2) of this title;
(B) §115.214(b)(1)(A)(i) and (B) of this title;
and
(C) §115.216(3) of this title.
(5) Motor vehicle fuel dispensing facilities. Motor
vehicle fuel dispensing facilities, as defined in §101.1 of this
title, are exempt from the requirements of this division.
(6) Marine vessels. All loading and unloading of marine
vessels is exempt from this division.
|
| Source Note: The provisions of this §115.217 adopted to be effective February 19, 1990, 15 TexReg 549; amended to be effective August 1, 1992, 17 TexReg 4683; amended to be effective November 16, 1992, 17 TexReg 7782; amended to be effective December 3, 1993, 18 TexReg 8538; amended to be effective May 27, 1994, 19 TexReg 3703; amended to be effective June 16, 1995, 20 TexReg 4048; amended to be effective May 22, 1997, 22 TexReg 4213; amended to be effective July 21, 1999, 24 TexReg 5488; amended to be effective November 13, 2003, 28 TexReg 9835; amendedto be effective May 16, 2024, 49 TexReg 3292 |
