Section 115.547 - ExemptionsThe following exemptions apply to the owner or operator of any storage tank, transport vessel, or marine vessel subject to this division.
(1) Any storage tank with a storage capacity of less than one million gallons is exempt from this division. After January 1, 2009, in the Houston-Galveston-Brazoria area, the storage tanks listed in subparagraphs (A) and (B) of this paragraph are no longer exempt from this division. (A) Storage tanks with a storage capacity greater than or equal to 250,000 gallons but less than one million gallons.(B) Storage tanks with a storage capacity greater than or equal to 75,000 gallons but less than 250,000 gallons storing materials with true vapor pressure greater than 2.6 pounds per square inch absolute.(2) In the Beaumont-Port Arthur, Dallas-Fort Worth, El Paso, and Houston-Galveston-Brazoria areas, any transport vessel with a storage capacity of less than 8,000 gallons is exempt from this division.(3) In the Beaumont-Port Arthur and Houston-Galveston-Brazoria areas, any marine vessel with a storage capacity of less than 420,000 gallons is exempt from this division.(4) Any storage tank is exempt from this division during preventative maintenance, roof repair, primary seal inspection, or removal and installation of a secondary seal, if product is not moved in or out of the storage tank, emissions are minimized, and the repair is completed within seven calendar days.(5) Any marine vessel that has sustained damage that prevents a cargo tank's opening from being properly secured, causes the onboard vapor recovery system to be inoperative, or prevents the pressure or vacuum relief valves from operating within certified limits as specified by classification society or flag state is exempt from the requirements in § 115.541 and § 115.542 of this title (relating to Emission Specifications and Control Requirements); however, all reasonable measures must be taken to minimize emissions of volatile organic compounds. This exemption will only apply for 30 calendar days after the damage to the cargo tank is sustained.(6) Any oceangoing, self-propelled marine vessel is exempt from this division.30 Tex. Admin. Code § 115.547
The provisions of this §115.547 adopted to be effective December 3, 1993, 18 TexReg 8538; amended to be effective May 27, 1994, 19 TexReg 3703; amended to be effective March 7, 1996, 21 TexReg 1548; amended to be effective May 16, 2002, 27 TexReg 4113; amended to be effective June 14, 2007, 32 TexReg 3178; amended to be effective February 17, 2011, 36 TexReg 807