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(continued)
Dallas County, TX. 32580. 52.2299(c)(55).
Lead Plan for El Paso County.... El Paso County, TX 06/20/84.......... 08/13/84, 49 FR Ref
32190. 52.2299(c)(56).
Alternative Emission Control Baytown, TX....... 03/18/83.......... 07/10/85, 50 FR Ref 52.2299(c)(60)
Plan for Exxon Baytown Refinery. 26992. (Board Order No.
83-2).
Plan for Ozone Attainment in Harris County, TX. 12/09/82, 01/03/ 06/26/85, 50 FR Ref
Harris County. 84, 03/18/85. 26362. 52.2299(c)(61).
Alternative Emission Reduction Gregg County, 07/25/85.......... 05/05/89, 54 FR Ref
Plan for Continental Can (Longview), TX. 19373. 52.2299(c)(64).
Company, Longview, TX.
Revision to Lead Plan for El El Paso County, TX 10/26/87.......... 05/06/88, 53 FR Ref
Paso County and Board Order No. 16263. 52.2299(c)(65).
87-14.
Ozone Attainment Plan for Dallas Dallas and Tarrant 09/30/85 and 12/21/ 02/09/89, 54 FR Ref
and Tarrant Counties. Counties, TX. 87. 06287. 52.2299(c)(66).
Vehicle Inspection and Dallas and Tarrant 08/28/85.......... 02/09/89, 54 FR Ref
Maintenance and Transportation Counties, TX. 06287. 52.2299(c)(66).
Control Measures (VIMTCM),
Appendix AG.
VIMTCM, Appendix AK, Portions 1 Dallas and Tarrant 12/18/87.......... 02/09/89, 54 FR Ref
through 6. Counties, TX. 06287. 52.2299(c)(66).
VIMTCM, Appendix AM, Sections 1, Dallas and Tarrant 12/18/87.......... 02/09/89, 54 FR Ref
2, and 3. Counties, TX. 06287. 52.2299(c)(66).
VIMTCM, Appendix AN............. Dallas and Tarrant 12/18/87.......... 02/09/89, 54 FR Ref
Counties, TX. 06287. 52.2299(c)(66).
Part II of the Visibility Big Bend and 09/18/87.......... 02/23/89, 54 FR Ref
Protection Plan and Board Order Guadalupe 07770. 52.2299(c)(67).
No. 87-15. Mountain National
Parks.
Alternative Emission Reduction Orange County, TX. 03/12/82.......... 04/13/90.......... Ref
Plan (Bubble) for E.I. DuPont 52.2299(c)(70).
de Nemours & Company's
Sabine River Works, Orange, TX.
Revisions to Texas Air Pollution Statewide......... 10/02/87.......... 09/06/90, 55 FR Ref
Episode Contingency Plan. 36634. 52.2299(c)(71).
Revisions to Ozone Attainment Dallas and Tarrant 03/05/90.......... 08/03/90, 55 FR Ref
Plan for Dallas and Tarrant Counties, TX. 31587. 52.2299(c)(72).
Counties.
Revisions for Prevention of Statewide......... 12/11/85, 10/26/ 06/24/92, 57 FR Ref
Significant Deterioration and 87, 09/29/88. 28098. 52.2299(c)(73).
Board Orders No. 85-07, 87-09,
and 88-08.
Board Order No. 90-07........... Tarrant County.... 06/22/90.......... 10/12/90, 55 FR Ref
41525. 52.2299(c)(74).
Board Order No. 92-19........... Statewide......... 09/18/92.......... 08/30/93, 58 FR Ref
45457. 52.2299(c)(76).
Revision for Prevention of Statewide......... 12/14/90.......... 09/09/94, 59 FR Ref
Significant Deterioration and 46557. 52.2299(c)(78).
Board Order No. 90-13.
Revision addressing PM-10 El Paso, TX....... 11/05/91.......... 01/18/94, 59 FR Ref
nonattainment area requirements 02535. 52.2299(c)(79).
for El Paso and Board Orders 89-
03 and 91-15.
City of El Paso, TX, Ordinance, El Paso, TX....... 12/11/90.......... 01/18/94, 59 FR Ref
Title 9. 02535. 52.2299(c)(79).
Board Order No. 92-16........... Ozone 10/16/92.......... 04/15/94, 59 FR Ref
nonattainment 17943. 52.2299(c)(81).
areas.
Board Order No. 92-20........... Ozone 08/20/92.......... 08/26/94, 59 FR Ref
nonattainment 44039. 52.2299(c)(82).
areas.
Revision for the El Paso CO El Paso County, TX 09/18/92.......... 09/12/94, 59 FR Ref
nonattainment area and Board 46766. 52.2299(c)(84).
Order No. 92-15.
Small Business Stationary Source Statewide......... 11/13/92.......... 08/19/94, 59 FR Ref
Technical and Environmental 42759. 52.2299(c)(85).
Compliance Assistance Program.
Board Order No. 92-22........... Statewide......... 11/06/92.......... 08/19/94, 59 FR Ref
42759. 52.2299(c)(85).
Board Order No. 92-04........... N/A............... 05/08/92.......... 03/07/95, 60 FR Ref
12438. 52.2299(c)(88).
Board Order No. 92-16........... N/A............... 10/16/92.......... 03/07/95, 60 FR Ref
12438. 52.2299(c)(88).
Revision to Modify SLAMS and Statewide......... 11/10/93.......... 10/04/94, 59 FR Ref
NAMS Monitoring Systems and 50504. 52.2299(c)(90).
Board Order No. 93-24.
Employer Trip Reduction Program Brazoria, 11/13/92.......... 03/07/95, 60 FR Ref
and Board Order No. 92-14. Chambers, Fort 12442. 52.2299(c)(91).
Bend, Galveston,
Harris, Liberty,
Montgomery, and
Waller Counties.
Revision limiting SO2 by agreed Certain 08/03/94.......... 03/06/95, 60 FR Ref
orders 94-09 through 94-22. Nonpermitted 12125. 52.2299(c)(93).
facilities in
Harris County.
Revision addressing visible Statewide......... 08/21/89, 01/29/ 05/08/96, 61 FR Ref
emissions with Board Orders 89- 91, 10/15/92, and 20732. 52.2299(c)(94).
03, 90-12, 92-19, and 93-06. 08/04/93.
Alternative Emission Reduction Deer Park, TX..... 07/26/93.......... 06/19/95, 60 FR Ref
(Bubble) for Shell Oil 31915. 52.2299(c)(95).
Company's Deer Park
manufacturing complex.
Transportation Conformity and Areas designated 10/12/94.......... 11/08/95, 60 FR Ref
Board Order No. 94-40. nonattainment and 56244. 52.2299(c)(96).
areas subject to
a maintenance
plan.
Revision to Permitting Statewide......... 07/26/85, 07/17/ 09/27/95, 60 FR Ref
Regulations and Board Orders 87, 12/18/87, 07/ 49781. 52.2299(c)(97).
No. 85-07, 87-09, 87-17, 88-08, 15/88, 08/11/89,
89-06, 90-05, 91-10, 92-06, 92- 05/18/90, 09/20/
18, and 93-17. 91, 05/08/92, 10/
16/92, 08/16/93.
Alternate Control Strategy for Ft Worth, TX, 04/18/96.......... 05/30/97, 62 FR Ref
Bell Helicopter Textron, Inc.. Plant 1 facility. 29297. 52.2299(c)(100).
Revisions to the Plan concerning Rockdale, TX...... 10/15/92 and 09/20/ 09/30/97, 61 FR Ref
Sulfur Dioxide in Milam County. 95. 49685. 52.2299(c)(101).
TNRCC Order No. 93-20, 94-06, 94- The four ozone 11/10/93, 05/04/ 05/22/97, 62 FR Ref
26, 94-0676-SIP. nonattainment 94, 07/13/94, 11/ 27964. 52.2299(c)(104).
areas in TX. 09/94.
15% ROP Plan.................... Beaumont/Port 08/09/96.......... 02/10/98, 63 FR Ref
Arthur ozone 6659. 52.2299(c)(107).
nonattainment
area.
15% ROP Plan.................... Dallas/Ft Worth, 08/09/96.......... 11/10/98, 63 FR Ref
El Paso, and 62943. 52.2299(c)(113)
Houston/Galveston See also 52.2309.
ozone
nonattainment
areas.
Lead Maintenance Plan for Gould Collin County..... 08/31/99.......... 10/13/99, 64 FR Ref. 59 FR 60905
National Battery, Incorporated. 55425. (11/29/94).
Post 96 Rate of Progress Plan... Houston, Texas.... 5/19/98........... 4/25/01 66 FR Originally
20750. submitted 11/9/94
and revised 8/9/
96.
Contingency Measures............ Houston, Texas.... 5/19/98........... 4/25/01 66 FR Originally
20751. submitted 11/9/94
and revised 8/9/
96.
Post 96 Rate of Progress Plan... Houston, Texas.... 5/19/98........... 4/25/01 66 FR Originally
20750. submitted 11/9/94
and revised 8/9/
96.
Contingency Measures............ Houston, Texas.... 5/19/98........... 4/25/01 66 FR Originally
20751. submitted 11/9/94
and revised 8/9/
96.
Attainment Demonstration for the Houston/Galveston, \1\ 12/09/00...... 11/14/01, 66 FR
1-hour Ozone NAAQS. TX. 57195.
Speed Limit Reduction........... Houston/Galveston, 9/26/02........... 11/14/02, 67 FR Section 6.3.12
TX. 68944.
Voluntary Mobile Emissions Houston/Galveston, 9/26/02........... 11/14/02, 67 FR
Program. TX. 68944.
Texas Senate Bill 5............. Houston/Galveston, 9/26/00........... 11/14/01, 66 FR
TX. 57195.
Transportation Control Measures Houston/Galveston, 12/09/00.......... 11/14/01, 66 FR
Appendix I. TX. 57195.
Commitment to Mid-course review. Houston/Galveston, 4/19/01........... 11/14/01, 66 FR
TX. 57195.
Table 7.1-1 Enforceable Houston/Galveston, 9/26/01........... 11/14/01, 66 FR
Commitments. TX. 57195.
15% Rate of Progress Plan....... Houston/Galveston, 12/09/00.......... 11/14/01, 66 FR
TX. 57195.
Revisions to the 1990 Base Year Houston/Galveston, 12/09/00.......... 11/14/01, 66 FR
Inventory. TX. 57195.
Reasonably Available Control Houston/Galveston, 9/26/01........... 11/14/01, 66 FR
Measure Analysis. TX. 57195.
Memorandum of Agreement between Houston/Galveston 10/18/2000........ 11/14/01, 66 FR HGA, Texas 1-hour
TNRCC and Houston Airport Area Ozone 57222. ozone standard
System. Nonattainment attainment
Area. demonstrations.
Vehicle Miles Traveled Offset Houston/Galveston 05/09/00.......... 11/14/01, 66 FR Originally
Plan. Ozone 57251. submitted 11/12/
nonattainment 93 and revised 11/
area. 06/94, 8/25/97,
and 05/17/00.
Memorandum of Agreement between Dallas/Fort Worth 5/23/01........... 4/22/02, 67 FR DFW, Texas 1-hour
TNRCC and the City of Dallas, Ozone 19516. ozone standard
Texas. Nonattainment attainment
Area. demonstrations.
Memorandum of Agreement between Dallas/Fort Worth 5/23/01........... 4/22/02, 67 FR DFW, Texas 1-hour
TNRCC and the City of Fort Ozone 19516. ozone standard
Worth, Texas. Nonattainment attainment
Area. demonstrations.
Memorandum of Agreement between Dallas/Fort Worth 5/23/01........... 4/22/02, 67 FR DFW, Texas 1-hour
TNRCC and the D/FW Ozone 19516. ozone standard
International Airport Board, Nonattainment attainment
Texas. Area. demonstrations.
Transportation Control Measures All Nonattainment 05/09/00.......... 12/5/00, 67 FR Chapter 1.
SIP Revision. and Maintenance 72382. Introduction,
Areas. Chapter 2,
General, and
Chapter
3.Criteria and
Procedures.
Section 179B Demonstration of El Paso CO 09/27/95.......... 07/02/03, 68 FR Supplemented 02/11/
Attainment for Carbon Monoxide nonattainment 39460. 98.
for El Paso. area
Carbon Monoxide On-Road El Paso CO 09/27/95.......... 07/02/03.......... ..................
Emissions Budget for Conformity. nonattainment
area
Contingency Measure for El Paso El Paso CO 09/27/95.......... 07/02/03, 68 FR ..................
Carbon Monoxide Area. nonattainment 39460.
area
Section 179B Attainment El Paso ozone 10/03/94.......... 6/10/04 Approval includes
Demonstration Report. nonattainment a revision
area. submitted 08/09/
96.
Deferral of the post 1996 RFP... El Paso ozone .................. 6/10/04...........
nonattainment
area.
Enforceable commitment to El Paso ozone 10/03/94.......... 6/10/04...........
conduct additional modeling for nonattainment
the area as new data become area.
available. This modeling effort
will be conducted under the
auspices of the 1983 La Paz
Agreement between the United
States and Mexico.
VOC and NOX Motor Vehicle El Paso ozone 12/11/97.......... 6/10/04...........
Emissions Budget for Conformity. nonattainment
area.
Second 10-year maintenance plan Victoria.......... 02/05/03.......... 01/03/05, 70 FR 22
for Victoria County.
Post 1999 Rate of Progress Plan. Houston/Galveston, 11/16/04.......... 2/14/05, 70 FR
TX. 7407.
Revisions to the 1990 Base Year Houston/Galveston, 11/16/04.......... 2/14/05, 70 FR
Inventory. TX. 7407.
Approval of the Post-1996 Rate- Dallas-Fort Worth. 10/25/1999........ 3/28/05, 70 FR ..................
of-Progress Plan and Motor 15592.
Vehicle Emission Budgets.
Adjustments to the 1990 base Dallas-Fort Worth. 10/25/1999........ 3/28/05, 70 FR
year emissions inventory. 15592.
Approval of the 15% Rate of Dallas-Fort Worth. 9/8/1996.......... 4/12/2005, 70 FR
Progress Plan and the Motor 18993.
Vehicle Emissions Budget.
Memorandum of Agreement between Dallas-Fort Worth. 1/14/04........... 04/22/05, 70 FR
Texas Council on Environmental 20816.
Quality and the North Central
Texas Council of Governments
Providing Emissions Offsets to
Dallas Fort Worth International
Airport.
Clean Air Action Plan, 8-hour Bastrop, Caldwell, 12/06/04.......... 8/19/05, 70 FR
ozone standard attainment Hays, Travis and 48640.
demonstration, and Williamson
Transportation Emission Counties, TX.
Reduction Measures (TERMs) for
the Austin EAC area.
Clean Air Action Plan and 8-hour Gregg, Harrison, 12/06/04.......... 8/19/05, 70 FR
ozone standard attainment Rusk, Smith and 48642.
demonstration for the Northeast Upshur Counties,
Texas Early Action Compact area. TX.
Clean Air Plan, 8-hour ozone Bexar, Comal, 12/06/04.......... 8/22/05, 70 FR
standard attainment Guadalupe, and 48877.
demonstration and Wilson Counties,
Transportation Emission TX.
Reduction Measures (TERMs) for
the San Antonio EAC area.
Voluntary Mobile Emission Dallas/Fort Worth, 4/25/00........... 8/26/05, 70 FR
Program. TX. 50208.
Dallas_Fort Worth SIP, Appendix Dallas/Fort Worth 01/14/04.......... 09/27/05, 70 FR
G; Transportation Control Ozone 56374.
Measures in the Dallas/Fort Nonattainment
Worth Ozone Nonattainment Area. Area.
Approval of the Speed Limits Dallas-Fort Worth. 4/25/00........... 10/11/05, 70 FR
Local Initiative Measure in the 58978.
DFW nine county area. Affected
counties are Dallas, Tarrant,
Collin, Denton, Parker,
Johnson, Ellis, Kaufman,
Rockwall.
Memorandum of Understanding Statewide......... 08/15/02.......... 12/12/2005, 70 FR
Between the Texas Department of 73380.
Transportation and the Texas
Natural Resource Conservation
Commission.
Post 1996 Rate of Progress Plan. Beaumont/Port 11/16/04.......... 2/22/06, 71 FR
Arthur, TX. 8965.
Revisions to the 1990 Base Year Beaumont/Port 11/16/04.......... 2/22/06, 71 FR
Inventory. Arthur, TX. 8965.
----------------------------------------------------------------------------------------------------------------
\1\ As revised 9/26/01.


[64 FR 36589, July 7, 1999]

Editorial Note: For Federal Register citations affecting §52.2270, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access.

§ 52.2271 Classification of regions.
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(a) The Texas plan was evaluated on the basis of the following classifications:



----------------------------------------------------------------------------------------------------------------
Pollutant
-----------------------------------------------------
Air quality control region Particulate Sulfur Nitrogen Carbon
matter oxides dioxide monoxide Ozone
----------------------------------------------------------------------------------------------------------------
Abilene-Wichita Falls Intrastate.......................... II III III III III
Amarillo-Lubbock Intrastate............................... II III III III III
Austin-Waco Intrastate.................................... II III III III I
Brownsville-Laredo Intrastate............................. I III III III III
Corpus Christi-Victoria Intrastate........................ I II III III I
Midland-Odessa-San Angelo Intrastate...................... II II III III III
Metropolitan Houston-Galveston Intrastate................. I I III III I
Metropolitan Dallas-Fort Worth Intrastate................. II III III III I
Metropolitan San Antonio Intrastate....................... II III III III I
Southern Louisiana-Southeast Texas Interstate............. II I III III I
El Paso-Las Cruces Alamogordo Interstate.................. I IA III I I
Shreveport-Texarkana-Tyler Interstate..................... II III III III III
----------------------------------------------------------------------------------------------------------------


(b) The proposed priority classifications for particulate matter and carbon monoxide submitted by the Governor on March 21, 1975 are disapproved.

(c) The revision of section II, classification of regions, submitted by the Texas Air Control Board with the semiannual in 1975 is disapproved.

[37 FR 10895, May 31, 1972, as amended at 39 FR 16347, May 8, 1974; 42 FR 20131, Apr. 18, 1977; 42 FR 27894, June 1, 1977; 45 FR 19244, Mar. 25, 1980]

§ 52.2272 [Reserved]
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§ 52.2273 Approval status.
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With the exceptions set forth in this subpart, the Administrator approves Texas' plan for the attainment and maintenance of the national standards under section 110 of the Clean Air Act. Furthermore, the Administrator finds that the plan satisfies all requirements of Part D, Title 1, of the Clean Air Act as amended in 1977, except as noted below.

[45 FR 19244, Mar. 25, 1980, as amended at 49 FR 32190, Aug. 13, 1984; 61 FR 16062, Apr. 11, 1996]

§ 52.2274 General requirements.
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(a) The requirements of §51.116(c) of this chapter are not met since the legal authority to provide for public availability of emission data is inadequate.

[39 FR 34537, Sept. 26, 1974, as amended at 51 FR 40676, Nov. 7, 1986]

§ 52.2275 Control strategy and regulations: Ozone.
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(a) Section 510.3 of revised Regulation V, which was submitted by the Governor on July 20, 1977, is disapproved.

(b) Notwithstanding any provisions to the contrary in the Texas Implementation Plan, the control measures listed in paragraph (d) of this section shall be implemented in accordance with the schedule set forth below.

(c)(1) Removal from service of a 12,000 BPD vacuum distillation unit at the Corpus Christi refinery of the Champlin Petroleum Company, Corpus Christi, Texas, with a final compliance date no later than October 1, 1979. This shall result in an estimated hydrocarbon emission reduction of at least 139 tons per year.

(2) Dedication of gasoline storage tank 91–TK–3 located at the Corpus Christi refinery of the Champlin Petroleum Company, Corpus Christi, Texas to the exclusive storage of No. 2 Fuel Oil or any fluid with a vapor pressure equivalent to, or less than that of No. 2 Fuel Oil, with a final compliance date no later than October 1, 1979. This shall result in an estimated hydrocarbon emission reduction of at least 107.6 tons per year.

(d) [Reserved]

(e) Approval—The Texas Commission on Environmental Quality (TCEQ) submitted a revision to the Texas SIP on February 18, 2003, concerning the Victoria County 1-hour ozone maintenance plan. This SIP revision was adopted by TCEQ on February 5, 2003. This SIP revision satisfies the Clean Air Act requirement, as amended in 1990, for the second 10-year update to the Victoria County 1-hour ozone maintenance area.

[42 FR 37380, July 21, 1977, as amended at 44 FR 5662, Jan. 29, 1979; 44 FR 55006, Sept. 24, 1979; 45 FR 19244, Mar. 25, 1980; 46 FR 47545, Sept. 29, 1981; 47 FR 20770, May 14, 1982; 47 FR 50868, Nov. 10, 1982; 60 FR 12459, Mar. 7, 1995; 60 FR 33924, June 29, 1995; 70 FR 25, Jan. 3, 2005]

§ 52.2276 Control strategy and regulations: Particulate matter.
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(a) Part D conditional approval. The Texas plan for total suspended particulate (TSP) for the nonattainment area of Dallas 3 is conditionally approved until the State satisfactorily completes the following items:

(1) Draft SIP revision supplement submitted to EPA by March 3, 1980.

(2) Public hearing completed by May 5, 1980.

(3) Adopt revision and revised Regulation I as it pertains to control of nontraditional sources, if necessary, and submit to EPA by August 1, 1980.

(b) Notwithstanding any provisions to the contrary in the Texas Implementation Plan, the control measures listed in paragraph (c) of this section shall be implemented in accordance with the schedule set forth below.

(c) No later than January 1, 1980, Parker Brothers and Co., Inc., at its limestone quarry facilities near New Braunfels, Comal County, Texas shall install fabric filters on the primary crusher and on the secondary crusher and screens, meeting the requirements of Appendix A of the Texas Air Control Board Order 78–8 adopted August 11, 1978. After the date of installation of the fabric filters, Parker Brothers and Co., Inc., shall not emit particulate matter in excess of 0.03 grains per standard cubic foot from the exhaust stack of the fabric filter on its primary crusher and shall not emit particulate matter in excess of 0.03 grains per standard cubic foot from the exhaust stack of the fabric filter on its secondary crusher and screens.

[46 FR 43425, Aug. 28, 1981, and 46 FR 47545, Sept. 29, 1981]

§§ 52.2277-52.2281 [Reserved]
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§ 52.2282 Public hearings.
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(a) The requirements of §51.102 of this chapter are not met because principal portions of the revised plan were not made available to the public for inspection and comment prior to the hearing.

[38 FR 16568, June 22, 1973, as amended at 51 FR 40675, Nov. 7, 1986]

§§ 52.2283-52.2284 [Reserved]
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§ 52.2285 Control of evaporative losses from the filling of gasoline storage vessels in the Houston and San Antonio areas.
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(a) Definitions:

(1) Gasoline means any petroleum distillate having a Reid vapor pressure of 4 pounds or greater which is produced for use as a motor fuel and is commonly called gasoline.

(2) Storage container means any stationary vessel of more than 1,000 gallons (3,785 liters) nominal capacity. Stationary vessels include portable vessels placed temporarily at a location; e.g., tanks on skids.

(3) Owner means the owner of the gasoline storage container(s).

(4) Operator means the person who is directly responsible for the operation of the gasoline storage container(s), whether the person be a lessee or an agent of the owner.

(5) Delivery Vessel means tank trucks and tank trailers used for the delivery of gasoline.

(6) Source means both storage containers and delivery vessels.

(b) This section is applicable to the following counties in Texas: Harris, Galveston, Brazoria, Fort Bend, Waller, Montgomery, Liberty, Chambers, Matagorda, Bexar, Comal, and Guadalupe.

(c) No person shall transfer or permit the transfer of gasoline from any delivery vessel into any stationary storage container with a nominal capacity greater than 1,000 gallons (3,785 liters) unless such container is equipped with a submerged fill pipe and unless the displaced vapors from the storage container are processed by a system that prevents release to the atmosphere of no less than 90 percent by weight of total hydrocarbon compounds in said vapors.

(1) The vapor recovery system shall include one or more of the following:

(i) A vapor-tight return line from the storage container to the delivery vessel and a system that will ensure that the vapor return line is connected before gasoline can be transferred into the container.

(ii) Other equipment that prevents release to the atmosphere of no less than 90 percent by weight of the total hydrocarbon compounds in the displaced vapor provided that approval of the proposed design, installation, and operation is obtained from the Regional Administrator prior to start of construction.

(2) The vapor recovery system shall be so constructed that it will be compatible with a vapor recovery system, which may be installed later, to recover vapors displaced by the filling of motor vehicle tanks.

(3) The vapor-laden delivery vessel shall meet the following requirements:

(i) The delivery vessel must be so designed and maintained as to be vapor-tight at all times.

(ii) If any gasoline storage compartment of a vapor-laden delivery vessel is refilled in one of the counties listed in paragraph (b) of this section, it shall be refilled only at a facility which is equipped with a vapor recovery system, or the equivalent, which prevents release to the atmosphere of at least 90 percent by weight of the total hydrocarbon compounds in the vapor displaced from the delivery vessel during refilling.

(iii) Gasoline storage compartments of one thousand gallons or less in gasoline delivery vehicles presently in use on November 6, 1973 will not be required to be retrofitted with a vapor return system until January 1, 1977.

(iv) Facilities which have a daily throughput of 20,000 gallons of gasoline or less are required to have a vapor recovery system in operation no later than May 31, 1977. Delivery vessels and storage vessels served exclusively by facilities required to have a vapor recovery system in operation no later than May 31, 1977, also are required to meet the provisions of this section no later than May 31, 1977.

(d) The provisions of paragraph (c) of this section shall not apply to the following:

(1) Storage containers used for the storage of gasoline used on a farm for farming purposes, as that expression is used in the Internal Revenue Code, 26 U.S.C. section 6420.

(2) Any container having a nominal capacity less than 2,000 gallons (7,571 liters) installed prior to November 6, 1973.

(3) Transfers made to storage containers equipped with floating roofs or their equivalent.

(4) Any facility for loading and unloading of volatile organic compounds (including gasoline bulk terminals) in Bexar, Brazoria, Galveston and Harris Counties, any gasoline bulk plants in Harris County, and any filling of gasoline storage vessels (Stage I) for motor vehicle fuel dispensing facilities in Bexar, Brazoria, Galveston, and Harris Counties which is subject to Texas Air Control Board Regulation V subsections 115.111–115.113, 115.121–115.123, and 115.131–115.135, respectively.

(e) Except as provided in paragraph (f) of this section, the owner or operator of a source subject to paragraph (c) of this section shall comply with the increments contained in the following compliance schedule:

(1) Contracts for emission control systems or process modifications must be awarded or orders must be issued for the purchase of component parts to accomplish emission control or process modification not later than March 31, 1975.

(2) Initiation of onsite construction or installation of emission control equipment or process change must begin not later than July 1, 1975.

(3) On-site construction or installation of emission control equipment or process modification must be completed no later than June 30, 1976.

(4) Final compliance is to be achieved no later than August 31, 1976.

(5) Any owner or operator of sources subject to the compliance schedule in this paragraph shall certify in writing to the Regional Administrator whether or not the required increment of progress has been met. The certification shall be submitted within five days after the deadlines for each increment. The certification shall include the name(s) and street address(es) of the facility (facilities) for which the certification applies, and the date(s) the increment(s) of progress was (were) met—if met. The Regional Administrator may request whatever supporting information he considers necessary for proper certification.

(f) Paragraph (e) of this section shall not apply to the owner or operator of:

(1) A source which is presently in compliance with paragraph (c) of this section and which has certified such compliance to the Regional Administrator by January 1, 1974. The certification shall include the name(s) and street address(es) of the facility (facilities) for which the certification applies. The Regional Administrator may request whatever supporting information he considers necessary for proper certification.

(2) To a source for which a compliance schedule is adopted by the State and approved by the Administrator.

(3) To a source whose owner or operator receives approval from the Administrator by June 1, 1974, of a proposed alternative schedule. No such schedule may provide for compliance after August 31, 1976. If approval is promulgated by the Administrator, such schedule shall satisfy the requirements of this section for the affected source.

(g) Nothing in this section shall preclude the Administrator from promulgating a separate schedule for any source to which the application of the compliance schedule in paragraph (e) of this section fails to satisfy the requirements of §§51.261 and 51.262(a) of this chapter.

(h) After August 31, 1976 paragraph (c) of this section shall be applicable to every storage container (except those exempted in paragraph (d) of this section) located in the counties specified in paragraph (b) of this section. Every storage container installed after August 31, 1976 shall comply with the requirements of paragraph (c) of this section from the time of installation. In the affected counties, storage containers which were installed, or converted to gasoline storage after November 6, 1973, but before August 31, 1976 shall comply with paragraph (c) of this section in accordance with the schedule established in paragraph (e) of this section.

[42 FR 37380, July 21, 1977, as amended at 47 FR 50868, Nov. 10, 1982; 51 FR 40676, Nov. 7, 1986]

§ 52.2286 Control of evaporative losses from the filling of gasoline storage vessels in the Dallas-Fort Worth area.
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(a) Definitions:

(1) Gasoline means any petroleum distillate having a Reid vapor pressure of 4 pounds or greater which is produced for use as a motor fuel and is commonly called gasoline.

(2) Storage container means any stationary vessel of more than 1,000 gallons (3,785 liters) nominal capacity. Stationary vessels include portable vessels placed temporarily at a location; e.g., tanks on skids.

(3) Owner means the owner of the gasoline storage container(s).

(4) Operator means the person who is directly responsible for the operation of the gasoline storage container(s), whether the person be a lessee or an agent of the owner.

(5) Delivery vessel means tank truck and tank trailers used for the delivery of gasoline.

(6) Source means both storage containers and delivery vessels.

(b) This section is applicable to the following counties in Texas: Dallas, Tarrant, Denton, Wise, Collin, Parker, Rockwall, Kaufman, Hood, Johnson, and Ellis.

(c) No person shall transfer or permit the transfer of gasoline from any delivery vessel into any stationary storage container with a nominal capacity greater than 1,000 gallons (3,785 liters) unless such container is equipped with a submerged fill pipe and unless the displaced vapors from the storage container are processed by a system that prevents release to the atmosphere of no less than 90 percent by weight of total hydrocarbon compounds in said vapors.

(1) The vapor recovery system shall include one or more of the following:

(i) A vapor-tight return line from the storage container to the delivery vessel and a system that will ensure that the vapor return line is connected before gasoline can be transferred into the container.

(ii) Other equipment that prevents release to the atmosphere of no less than 90 percent by weight of the total hydrocarbon compounds in the displaced vapor provided that approval of the proposed design, installation, and operation is obtained from the Regional Administrator prior to start of construction.

(2) The vapor recovery system shall be so constructed that it will be compatible with a vapor recovery system, which may be installed later, to recover vapors displaced by the filling of motor vehicle tanks.

(3) The vapor-laden delivery vessel shall meet the following requirements:

(i) The delivery vessel must be so designed and maintained as to be vapor-tight at all times.

(ii) If any gasoline storage compartment of a vapor-laden delivery vessel is refilled in one of the counties listed in paragraph (b) of this section, it shall be refilled only at a facility which is equipped with a vapor recovery system, or the equivalent, which prevents release to the atmosphere of at least 90 percent by weight of the total hydrocarbon compounds in the vapor displaced from the delivery vessel during refilling.

(d) The provisions of paragraph (c) of this section shall not apply to the following:

(1) Storage containers used for the storage of gasoline used on a farm for farming purposes, as that expression is used in the Internal Revenue Code, 26 U.S.C. section 6420.

(2) Any container having a nominal capacity less than 2,000 gallons (7,571 liters) installed prior to promulgation of this section.

(3) Transfers made to storage containers equipped with floating roofs or their equivalent.

(4) Any facility for loading and unloading of volatile organic compounds (including gasoline bulk terminals) in Dallas or Tarrant County, and any filling of gasoline storage vessels (Stage I) for motor vehicle fuel dispensing facilities in Dallas or Tarrant County which is subject to Texas Air Control Board Regulation V subsections 115.111–115.113 and 115.131–115.135, respectively.

(e) Except as provided in paragraph (f) of this section, the owner or operator of a source subject to paragraph (c) of this section shall comply with the increments contained in the following compliance schedule:

(1) Contracts for emission control systems or process modifications must be awarded or orders must be issued for the purchase of component parts to accomplish emission control or process modification no later than September 30, 1977.

(2) Initiation of on-site construction or installation of emission control equipment or process modification must begin no later than January 31, 1978.

(3) On-site construction or installation of emission control equipment or process modification must be completed no later than August 31, 1978.

(4) Final compliance is to be achieved no later than September 30, 1978.

(5) Any owner or operator of sources subject to the compliance schedule in this paragraph shall certify in writing to the Regional Administrator whether or not the required increment of progress has been met. The certification shall be submitted not later than February 15, 1978, for award of contracts and initiation of construction, and not later than October 15, 1978, for completion of construction and final compliance. The certification shall include the name(s) and street address(es) of the facility (facilities) for which the certification applies, and the date(s) the increment(s) of progress was (were) met—if met. The Regional Administrator may request whatever supporting information he considers necessary for proper certification.

(f) Paragraph (e) of this section shall not apply to the owner or operator of:

(1) A source which is presently in compliance with paragraph (c) of this section and which has certified such compliance to the Regional Administrator by August 1, 1977. The certification shall include the name(s) and street address(es) of the facility (facilities) for which the certification applies. The Regional Administrator may request whatever supporting information he considers necessary for proper certification.

(2) A source for which a compliance schedule is adopted by the State and approved by the Administrator.

(3) To a source whose owner or operator receives approval from the Administrator by August 1, 1977, of a proposed alternative schedule. No such schedule may provide for compliance after September 30, 1978. If approval is promulgated by the Administrator, such schedule shall satisfy the requirements of this section for the affected source.

(g) Nothing in this section shall preclude the Administrator from promulgating a separate schedule for any source to which the application of the compliance schedule in paragraph (e) of this section fails to satisfy the requirements of §51.15 (b) and (c) of this chapter.

(h) After September 30, 1978, paragraph (c) of this section shall be applicable to every storage container (except those exempted in paragraph (d) of this section) located in the counties specified in paragraph (b). Every storage container installed after September 30, 1978 shall comply with the requirements of paragraph (c) of this section from the time of installation. In the affected counties, storage containers which were installed, or coverted to gasoline storage after promulgation of this section, but before September 30, 1978 shall comply with paragraph (c) of this section in accordance with the schedule established in paragraph (e).

[42 FR 37381, July 21, 1977, as amended at 47 FR 50868, Nov. 10, 1982]

§§ 52.2287-52.2298 [Reserved]
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§ 52.2299 Original identification of plan section.
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(a) This section identifies the original “Texas Air Pollution Control Implementation Plan” and all revisions submitted by Texas that were federally approved prior to December 31, 1998.

(b) The plan was officially submitted on January 28, 1972.

(c) The plan revisions listed below were submitted on the dates specified.

(1) Certification that statewide public hearings had been held on the plan was submitted by the Texas Air Control Board (TACB) on February 8, 1972. (Nonregulatory)

(2) A discussion of its policy concerning the confidentiality of certain hydrocarbon emission data was submitted by the TACB on May 2, 1972. (Nonregulatory)

(3) A discussion of the source surveillance and extension sections of the plan was submitted by the TACB on May 3, 1972. (Nonregulatory)

(4) A discussion of minor revisions to the plan was submitted by the Governor on July 31, 1972. (Nonregulatory)

(5) Revisions of section XI, paragraph C.3: Rule 9: Regulation V and control strategy for photochemical oxidants/hydrocarbons in Texas designated regions 7 and 10; regulation VII; and control strategy for nitrogen oxides in regions 5, 7, and 8 were submitted by the TACB on August 8, 1972.

(6) A request that inconsistencies in the plan concerning the attainment dates of primary air standards be corrected was submitted by the Governor on November 10, 1972. (Nonregulatory)

(7) Revisions to regulation IV, regulation V, the general rules and control strategy for photochemical oxidants/hydrocarbons, and a request for a two year extension to meet Federal standards for photochemical oxidants was submitted by the Governor on April 13, 1973.

(8) Revisions to regulation IV (Control of Air Pollution from Motor Vehicles) were adopted on October 30, 1973, and were submitted by the Governor on December 11, 1973.

(9) A revision of priority classifications for particulate matter, sulfur oxides, and carbon monoxide was submitted by the Governor on March 21, 1975. (Nonregulatory)

(10) Revisions to rule 23, concerning compliance with new source performance standards, and rule 24, concerning compliance with national emission standards for hazardous air pollutants were submitted by the Governor on May 9, 1975.

(11) Administrative revisions were submitted by the TACB with the semi-annual report in 1974 for sections I, II, III, IV, XI and XIII, and with the semi-annual report in 1975 for sections I, II, XI, and XII. (Nonregulatory)

(12) A revision of section IX, Air Quality Surveillance, was submitted by the Governor on August 2, 1976. (Nonregulatory)

(13) Revisions to section IX, Air Quality Surveillance Plan, which include changes of several air quality monitoring sites, were submitted by the TACB on August 12, 1977. (Nonregulatory)

(14) Administrative revisions to section X, the Permit System, were submitted by the TACB in 1973, 1974, 1975, and 1977. (Nonregulatory)

(15) Revisions to regulation V for control of volatile carbon compound emissions, as amended on December 10, 1976, were submitted by the Governor on July 20, 1977.

(16) An administrative revision to section IX, Air Quality Surveillance System, was submitted by the Texas Air Control Board on August 14, 1978. (Nonregulatory)

(17) Board Order No. 78–6, creditable as emission offsets for the Corpus Christi Petrochemical Company project in Corpus Christi, was submitted by the Governor on July 24, 1978, as amendments to the Texas State Implementation Plan (see §52.2275).

(18) Draft inspection/maintenance legislation and a schedule for conducting a pilot inspection/maintenance study were submitted by the Governor on April 13, 1979.

(19) Adopted inspection/maintenance legislation and administrative revisions concerning inspection/maintenance were submitted by the Governor on August 9, 1979.

(20) Revision to the plan for attainment of standards for particulate matter, carbon monoxide, and ozone (Part D requirements) were submitted by the Governor on April 13, 1979.

Note: The provisions of Rule 104 submitted by the Governor on 1/28/72 and approved by EPA on 5/31/72 remain in effect in other than nonattainment areas.

(21) Administrative revisions to the transportation control portion of the plan were submitted by the Governor on August 9, 1979 (non-regulatory).

(22) No action is being taken on Subchapters 131.07.52, .53, and .54 of Regulation V, submitted by the Governor April 13, 1979 for the ozone nonattainment counties of Harris, Galveston, Brazoria, Bexar, Dallas, and Tarrant.

(23) No action is being taken on the control strategy for the TSP nonattainment area of Houston 1, submitted by the Governor on April 13, 1979.

(24) A revision identifying andcommitting to implement currently planned Transportation Control Measures (TCMs) for Harris County was submitted by the Governor on December 28, 1979. (continued)