Section 115.217 - Exemptions(a) The following exemptions apply in the Beaumont/Port Arthur, Dallas/Fort Worth, El Paso, and Houston/Galveston 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 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. (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.(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.30 Tex. Admin. Code § 115.217
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