|(a) The following words and terms, when used in this
division, have the following meanings, unless the context clearly
indicates otherwise. Additional definitions for terms used in this
division are found in §§115.10, 101.1, and 3.2 of this title
(relating to Definitions).
(1) Decommission--The permanent removal of the Stage
II vapor control equipment at a gasoline dispensing facility.
(2) Gasoline dispensing facility--A location that dispenses
gasoline to motor vehicles and includes retail, private, and commercial
(3) Major system replacement or modification:
(A) the repair or replacement of any stationary storage
tank equipped with a Stage II vapor recovery system;
(B) the replacement of an existing California Air Resources
Board (CARB) certified Stage II vapor recovery system with a system
certified by CARB under a different CARB Executive Order, or certified
by an approved third-party;
(C) the repair or replacement of any part of a piping
system attached to a stationary storage tank equipped with a Stage
II vapor recovery system, excluding the repair or replacement of piping
which is accessible for such repair or replacement without excavation
or modification of the vapor recovery equipment; or
(D) the replacement of at least one fuel dispenser.
(4) Onboard refueling vapor recovery--A system on motor
vehicles designed to recover hydrocarbon vapors that escape during
(5) Onboard refueling vapor recovery compatible--A
Stage II vapor recovery system certified by CARB or other acceptable
independent third-party evaluator, using test methods approved by
the executive director, as onboard refueling vapor recovery (ORVR)
compatible or a system listed in subsection (b) of this section, either
of which maintains a required minimum overall system efficiency of
95% (as certified under third-party evaluation) while dispensing fuel
without difficulty to both ORVR-equipped and non ORVR-equipped vehicles.
(6) Owner or operator of a motor vehicle fuel dispensing
facility--Any person who owns, leases, operates, or controls the gasoline
(b) The table contained in this subsection is a list
of the Stage II vapor recovery systems certified by a CARB Executive
Order in effect as of January 1, 2002.
|Source Note: The provisions of this §115.240 adopted to be effective January 18, 2001, 26 TexReg 493; amended to be effective November 27, 2002, 27 TexReg 10935; amended to be effective April 13, 2005, 30 TexReg 2069; amended to be effective October 31, 2013, 38 TexReg 7453