| (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) as soon as practicable, but 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.
(C) As soon as practicable but no later than 15 months
after the commission publishes notice in the Texas
Register that the Dallas-Fort Worth area, except Wise County,
has been reclassified as a severe nonattainment area for the 1997
Eight-Hour Ozone National Ambient Air Quality Standard the owner or
operator of a storage tank storing crude oil or condensate prior to
custody transfer or at a pipeline breakout station is required to
be in compliance with the control requirements in §115.112(e)(4)(B)(ii)
and (5)(B)(ii) of this title except as specified in §115.111(a)(11)
of this title (relating to Exemptions).
(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 as soon as practicable, but 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 as soon as practicable,
but 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 as soon
as practicable, but no later than March 1, 2013.
(e) 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 §115.111(a)(13)
and §115.112(e)(4)(C)(ii) and (5)(C)(ii) of this title is required
as soon as practicable, but no later than July 20, 2021.
(g) 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.
(h) 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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