Section 115.111 - Exemptions(a) The following exemptions apply in the Beaumont-Port Arthur, Dallas-Fort Worth, El Paso, and Houston-Galveston-Brazoria areas, as defined in § 115.10 of this title (relating to Definitions), except as noted in paragraphs (2), (4), (6), (7), and (9) - (11) of this subsection. (1) Except as provided in § 115.118 of this title (relating to Recordkeeping Requirements), a storage tank storing volatile organic compounds (VOC) with a true vapor pressure less than 1.5 pounds per square inch absolute (psia) is exempt from the requirements of this division.(2) A storage tank with storage capacity less than 210,000 gallons storing crude oil or condensate prior to custody transfer in the Beaumont-Port Arthur or El Paso areas is exempt from the requirements of this division. This exemption no longer applies in the Dallas-Fort Worth area beginning March 1, 2013.(3) A storage tank with a storage capacity less than 25,000 gallons located at a motor vehicle fuel dispensing facility is exempt from the requirements of this division.(4) A welded storage tank in the Beaumont-Port Arthur, El Paso, and Houston-Galveston-Brazoria areas with a mechanical shoe primary seal that has a secondary seal from the top of the shoe seal to the tank wall (a shoe-mounted secondary seal) is exempt from the requirement for retrofitting with a rim-mounted secondary seal if the shoe-mounted secondary seal was installed or scheduled for installation before August 22, 1980.(5) An external floating roof storage tank storing waxy, high pour point crude oils is exempt from any secondary seal requirements of §115.112(a), (d), and (e) of this title (relating to Control Requirements).(6) A welded storage tank in the Beaumont-Port Arthur, El Paso, and Houston-Galveston-Brazoria areas storing VOC with a true vapor pressure less than 4.0 psia is exempt from any external floating roof secondary seal requirement if any of the following types of primary seals were installed before August 22, 1980: (A) a mechanical shoe seal;(B) a liquid-mounted foam seal; or(C) a liquid-mounted liquid filled type seal.(7) A welded storage tank in the Beaumont-Port Arthur, El Paso, and Houston-Galveston-Brazoria areas storing crude oil with a true vapor pressure equal to or greater than 4.0 psia and less than 6.0 psia is exempt from any external floating roof secondary seal requirement if any of the following types of primary seals were installed before December 10, 1982: (A) a mechanical shoe seal;(B) a liquid-mounted foam seal; or(C) a liquid-mounted liquid filled type seal.(8) A storage tank with storage capacity less than or equal to 1,000 gallons is exempt from the requirements of this division.(9) In the Houston-Galveston-Brazoria area, a storage tank or tank battery storing condensate, as defined in § 101.1 of this title (relating to Definitions), prior to custody transfer with a condensate throughput exceeding 1,500 barrels (63,000 gallons) per year on a rolling 12-month basis is exempt from the requirement in § 115.112(d)(4) or (e)(4)(A) of this title, to control flashed gases if the owner or operator demonstrates, using the test methods specified in § 115.117 of this title (relating to Approved Test Methods), that uncontrolled VOC emissions from the individual storage tank, or from the aggregate of storage tanks in a tank battery, are less than 25 tons per year on a rolling 12-month basis.(10) In the Dallas-Fort Worth area, except Wise County, a storage tank or tank battery storing condensate prior to custody transfer with a condensate throughput exceeding 3,000 barrels (126,000 gallons) per year on a rolling 12-month basis is exempt from the requirement in § 115.112(e)(4)(B)(i) of this title, to control flashed gases if the owner or operator demonstrates, using the test methods specified in § 115.117 of this title, that uncontrolled VOC emissions from the individual storage tank, or from the aggregate of storage tanks in a tank battery, are less than 50 tons per year on a rolling 12-month basis. This exemption no longer applies 15 months after the date the commission publishes notice in the Texas Register as specified in § 115.119(b)(1)(C) of this title (relating to Compliance Schedules) that the Dallas-Fort Worth area has been reclassified as a severe nonattainment area for the 1997 Eight-Hour Ozone National Ambient Air Quality Standard.(11) In the Dallas-Fort Worth area, except in Wise County, on or after the date specified in § 115.119(b)(1)(C) of this title, a storage tank or tank battery storing condensate prior to custody transfer with a condensate throughput exceeding 1,500 barrels (63,000 gallons) per year on a rolling 12-month basis is exempt from the requirement in § 115.112(e)(4)(B)(ii) of this title, to control flashed gases if the owner or operator demonstrates, using the test methods specified in § 115.117 of this title, that uncontrolled VOC emissions from the individual storage tank, or from the aggregate of storage tanks in a tank battery, are less than 25 tons per year on a rolling 12-month basis.(12) In Wise County, prior to July 20, 2021, a storage tank or tank battery storing condensate prior to custody transfer with a condensate throughput exceeding 6,000 barrels (252,000 gallons) per year on a rolling 12-month basis is exempt from the requirement in § 115.112(e)(4)(C) of this title, to control flashed gases if the owner or operator demonstrates, using the test methods specified in § 115.117 of this title, that uncontrolled VOC emissions from the individual storage tank, or from the aggregate of storage tanks in a tank battery, are less than 100 tons per year on a rolling 12-month basis.(13) In Wise County, on or after July 20, 2021, a storage tank or tank battery storing condensate prior to custody transfer with a condensate throughput exceeding 3,000 barrels (126,000 gallons) per year on a rolling 12-month basis is exempt from the requirement in § 115.112(e)(4)(C) of this title, to control flashed gases if the owner or operator demonstrates, using the test methods specified in § 115.117 of this title, that uncontrolled VOC emissions from the individual storage tank, or from the aggregate of storage tanks in a tank battery, are less than 50 tons per year on a rolling 12-month basis.(14) In the Dallas-Fort Worth and Houston-Galveston-Brazoria areas, beginning when compliance is achieved with Division 7 of this subchapter (relating to Oil and Natural Gas Service in Ozone Nonattainment Areas) but no later than January 1, 2023, a storage tank storing crude oil or condensate that is subject to the compliance requirements of Division 7 of this subchapter is exempt from all requirements in this division.(b) The following exemptions apply in Gregg, Nueces, and Victoria Counties. (1) Except as provided in § 115.118 of this title, a storage tank storing VOC with a true vapor pressure less than 1.5 psia is exempt from the requirements of this division.(2) A storage tank with storage capacity less than 210,000 gallons storing crude oil or condensate prior to custody transfer is exempt from the requirements of this division.(3) A storage tank with storage capacity less than 25,000 gallons located at a motor vehicle fuel dispensing facility is exempt from the requirements of this division.(4) A welded storage tank with a mechanical shoe primary seal that has a secondary seal from the top of the shoe seal to the tank wall (a shoe-mounted secondary seal) is exempt from the requirement for retrofitting with a rim-mounted secondary seal if the shoe-mounted secondary seal was installed or scheduled for installation before August 22, 1980.(5) An external floating roof storage tank storing waxy, high pour point crude oils is exempt from any secondary seal requirements of § 115.112(b) of this title.(6) A welded storage tank storing VOC with a true vapor pressure less than 4.0 psia is exempt from any external secondary seal requirement if any of the following types of primary seals were installed before August 22, 1980: (A) a mechanical shoe seal;(B) a liquid-mounted foam seal; or(C) a liquid-mounted liquid filled type seal.(7) A welded storage tank storing crude oil with a true vapor pressure equal to or greater than 4.0 psia and less than 6.0 psia is exempt from any external secondary seal requirement if any of the following types of primary seals were installed before December 10, 1982: (A) a mechanical shoe seal;(B) a liquid-mounted foam seal; or(C) a liquid-mounted liquid filled type seal.(8) A storage tank with storage capacity less than or equal to 1,000 gallons is exempt from the requirements of this division.(c) The following exemptions apply in Aransas, Bexar, Calhoun, Matagorda, San Patricio, and Travis Counties. (1) A storage tank storing VOC with a true vapor pressure less than 1.5 psia is exempt from the requirements of this division.(2) Slotted guidepoles installed in a floating roof storage tank are exempt from the provisions of § 115.112(c) of this title.(3) A storage tank with storage capacity between 1,000 gallons and 25,000 gallons is exempt from the requirements of § 115.112(c)(1) of this title if construction began before May 12, 1973.(4) A storage tank with storage capacity less than or equal to 420,000 gallons is exempt from the requirements of § 115.112(c)(3) of this title.(5) A storage tank with storage capacity less than or equal to 1,000 gallons is exempt from the requirements of this division.30 Tex. Admin. Code § 115.111
The provisions of this §115.111 adopted to be effective December 29, 2011, 36 TexReg 8862; Amended by Texas Register, Volume 40, Number 25, June 19, 2015, TexReg 3938, eff. 6/25/2015; Amended by Texas Register, Volume 45, Number 12, March 20, 2020, TexReg 2010, eff. 3/26/2020; Amended by Texas Register, Volume 46, Number 29, July 16, 2021, TexReg 4343, eff. 7/21/2021