10 CSR 10-2.260
Control of Emissions During Petroleum Liquid Storage,
Loading, and Transfer
PURPOSE: This rule restricts volatile organic compound emissions from the handling of
petroleum liquids in three (3) specific areas:
petroleum storage tanks with a capacity
greater than forty thousand (40,000) gallons,
the loading of gasoline into delivery vessels,
and the transfer of gasoline from delivery vessels into stationary storage containers.
Exemptions are provided for facilities that
make transfers into stationary storage containers of certain sizes and types. This rule is
necessary to reduce hydrocarbon emissions in
the Kansas City metropolitan area that contribute to the formation of ozone.
PUBLISHER’S NOTE: The secretary of state
has determined that the publication of the
entire text of the material which is incorporated by reference as a portion of this rule would
be unduly cumbersome or expensive. This
material as incorporated by reference in this
rule shall be maintained by the agency at its
headquarters and shall be made available to
the public for inspection and copying at no
more than the actual cost of reproduction.
This note applies only to the reference material. The entire text of the rule is printed here.
(1) Applicability. This rule applies throughout Clay, Jackson, and Platte Counties.
(2) Definitions.
(A) CARB—California Air Resources
Board.
(B) Cargo tank—A delivery tank truck or
railcar which is loading gasoline or which has
loaded gasoline on the immediately previous
load.
(C) Condensate (hydrocarbons)—A hydrocarbon liquid separated from natural gas
which condenses due to changes in the temperature or pressure, or both, and remains
liquid at standard conditions.
(D) Crude oil—A naturally occurring mixture consisting of hydrocarbons and sulfur,
nitrogen, or oxygen derivatives of hydrocarbons (or a combination of these derivatives),
which is a liquid at standard conditions.
(E) Custody transfer—The transfer of produced crude oil or condensate, or both, after
processing or treating, or both, in the producing operations, from storage tanks or automatic transfer facilities to pipelines, or any
other forms of transportation.
(F) Delivery vessel—A tank truck, trailer,
or railroad tank car.
(G) Department—Missouri Department of
Natural Resources.
(H) External floating roof—A storage vessel cover in an open top tank consisting of a
double deck or pontoon single deck which
rests upon and is supported by petroleum liquid being contained and is equipped with a
closure seal(s) to close the space between the
roof edge and tank wall.
(I) Gasoline—A petroleum liquid having a
Reid vapor pressure four pounds (4 lbs) per
square inch or greater.
(J) Gasoline dispensing facility (GDF)—
Any stationary facility which dispenses gasoline into the fuel tank of a motor vehicle and
is not—
1. A gasoline distribution facility; or
2. A manufacturer of new motor vehicles performing initial fueling operations dispensing gasoline into newly assembled motor
vehicles equipped with onboard refueling
vapor recovery (ORVR) at an automobile
assembly plant while the vehicle is still being
assembled on the assembly line.
(K) Gasoline distribution facility—Any
facility that receives gasoline by pipeline,
ship or barge, or cargo tank and subsequently
loads the gasoline into gasoline delivery vessels for transport to gasoline dispensing facilities.
(L) Lower explosive limit (LEL)—The
lower limit of flammability of a gas or vapor
at ordinary ambient temperatures expressed
in percent of the gas or vapor in air by volume.
(M) Monthly throughput—The total volume
of gasoline that is loaded into all gasoline
storage tanks during a month, as calculated
on a rolling thirty (30)-day average.
(N) Onboard refueling vapor recovery
(ORVR)—A system on motor vehicles
designed to recover hydrocarbon vapors that
escape during refueling.
(O) Petroleum liquid—Petroleum, condensate, and any finished or intermediate products manufactured in a petroleum refinery
with the exception of Numbers 2–6 fuel oils
meeting ASTM D396-17 requirements as
specified in 10 CSR 10-6.040(12), gas turbine fuel oils Number 2-GT–4-GT meeting
ASTM D2880-15 requirements as specified
in 10 CSR 10-6.040(20), and diesel fuel oils
Number 2-D and 4-D meeting ASTM D97517 requirements as specified in 10 CSR 106.040(14).
(P) Staff director—Director of the Air
Pollution Control Program of the Department
of Natural Resources, or a designated representative.
(Q) Stage I vapor recovery system—A system used to capture the gasoline vapors that
would otherwise be emitted when gasoline is
transferred from a loading installation to a
delivery vessel or from a delivery vessel to a
storage tank.
(R) Submerged fill pipe—Any fill pipe the
discharge opening of which is entirely submerged when the liquid level is six inches
(6") above the bottom of the tank. When
applied to a tank that is loaded from the side,
any fill pipe, the discharge opening of which
is entirely submerged when the liquid level is
eighteen inches (18") or twice the diameter of
the fill pipe, whichever is greater, above the
bottom of the tank.
(S) True vapor pressure—The equilibrium
partial pressure exerted by a petroleum liquid
as determined in American Petroleum
Institute, Manual of Petroleum Measurement
Standards, Chapter 19.2, Evaporative Loss
From Floating-Roof Tanks, 2012, as published by the American Petroleum Institute.
Copies can be obtained from the API
Publishing
Services,
1220
L
Street,
Washington, DC 20005. This rule does not
incorporate any subsequent amendments or
additions.
(T) Ullage—Volume of a container not
occupied by liquid.
(U) Vapor recovery system—A vapor gathering system capable of collecting the hydrocarbon vapors and gases discharged and a
vapor disposal system capable of processing
the hydrocarbon vapors and gases so as to
limit their emission to the atmosphere.
(V) Waxy, heavy pour crude oil—A crude
oil with a pour point of fifty degrees
Fahrenheit (50 °F) or higher compliant with
ASTM D97-12 requirements as specified in
10 CSR 10-6.040(10).
(W) Definitions of certain terms specified
in this rule, other than those specified in this
rule section, may be found in 10 CSR 106.020.
(3) General Provisions.
(A) Petroleum Storage Tanks.
1. No owner or operator of petroleum
storage tanks shall cause or permit the storage
in any stationary storage tank of more than
forty thousand (40,000) gallons capacity of
any petroleum liquid having a true vapor
pressure of one and one-half (1.5) pounds per
square inch absolute (psia) or greater at ninety degrees Fahrenheit (90 °F), unless the
storage tank is a pressure tank capable of
maintaining working pressures sufficient at
all times to prevent volatile organic compound (VOC) vapor or gas loss to the atmosphere or is equipped with one (1) of the following vapor loss control devices:
A. A floating roof, consisting of a
pontoon type, double-deck type or internal
floating cover, or external floating cover, that
rests on the surface of the liquid contents and
is equipped with a closure seal(s) to close the
space between the roof edge and tank wall.
Storage tanks with external floating roofs
shall meet the additional following requirements:
(I) The storage tank shall be fitted
with either—
(a) A continuous secondary seal
extending from the floating roof to the tank
wall (rim-mounted secondary seal); or
(b) A closure or other device
approved by the staff director that controls
VOC emissions with an effectiveness equal to
or greater than a seal required under subpart
(3)(A)1.A.(I)(a) of this rule;
(II) All seal closure devices shall
meet the following requirements:
(a) There are no visible holes,
tears, or other openings in the seal(s) or seal
fabric;
(b) The seal(s) is intact and uniformly in place around the circumference of
the floating roof between the floating roof and
the tank wall; and
(c) For vapor-mounted primary
seals, the accumulated area of gaps exceeding
0.32 centimeters, one-eighth inch (1/8")
width, between the secondary seal and the
tank wall shall not exceed 21.2 cm2 per meter
of tank diameter (1.0 in2 per foot of tank
diameter);
(III) All openings in the external
floating roof, except for automatic bleeder
vents, rim space vents, and leg sleeves shall
be equipped with—
(a) Covers, seals, or lids in the
closed position except when the openings are
in actual use; and
(b) Projections into the tank
which remain below the liquid surface at all
times;
(IV) Automatic bleeder vents shall
be closed at all times except when the roof is
floated off or landed on the roof leg supports;
(V) Rim vents shall be set to open
when the roof is being floated off the leg supports or at the manufacturer’s recommended
setting; and
(VI) Emergency roof drains shall
have slotted membrane fabric covers or
equivalent covers which cover at least ninety
percent (90%) of the area of the opening;
B. A vapor recovery system with all
storage tank gauging and sampling devices
gas-tight, except when gauging or sampling is
taking place. The vapor disposal portion of
the vapor recovery system shall consist of an
adsorber system, condensation system, incinerator or equivalent vapor disposal system
that processes the vapor and gases from the
equipment being controlled; or
C. Other equipment or means of
equal efficiency for purposes of air pollution
control as approved by the staff director.
2. Control equipment described in subparagraph (3)(A)1.A. of this rule shall not be
allowed if the petroleum liquid other than
gasoline has a true vapor pressure of 11.1
psia or greater at ninety degrees Fahrenheit
(90 °F). All storage tank gauging and sampling devices shall be gas-tight except when
gauging or sampling is taking place.
3. Owners and operators of petroleum
storage tanks subject to this subsection shall
maintain written records of maintenance
(both routine and unscheduled) performed on
the tanks, all repairs made, the results of all
tests performed, and the type and quantity of
petroleum liquid stored in them.
4. This subsection does not apply to
petroleum storage tanks which—
A. Are used to store processed and/or
treated petroleum or condensate when it is
stored, processed, and/or treated at a drilling
and production installation prior to custody
transfer;
B. Contain a petroleum liquid with a
true vapor pressure less than 27.6 kilopascals
(kPa) (4.0 psia) at ninety degrees Fahrenheit
(90 °F);
C. Are of welded construction, and
equipped with a metallic-type shoe primary
Specific to the Kansas City Metropolitan Area
seal and have a shoe-mounted secondary seal
or closure devices of demonstrated equivalence approved by the staff director; or
D. Are used to store waxy, heavy
pour crude oil.
(B) Gasoline Loading.
1. No owner or operator of a gasoline
distribution facility or delivery vessel shall
cause or permit the loading of gasoline into
any delivery vessel from a distribution facility unless the distribution facility is equipped
with a vapor recovery system or equivalent.
The delivery vessel must be in compliance
with subsection (3)(D) of this rule.
2. Loading shall be accomplished in a
manner that the displaced vapors and air will
be vented only to the vapor recovery system.
Measures shall be taken to prevent liquid
drainage from the loading device when it is
not in use or to accomplish complete drainage
before the loading device is disconnected.
The vapor disposal portion of the vapor
recovery system shall consist of one (1) of the
following:
A. An adsorber system, condensation
system, incinerator, or equivalent vapor disposal system that processes the vapors and
gases from the equipment being controlled
and limits the discharge of VOC into the
atmosphere to ten (10) milligrams of VOC
vapor per liter of gasoline loaded;
B. A vapor handling system that
directs the vapor to a fuel gas system; or
C. Other equipment of an efficiency
equal to or greater than subparagraph
(3)(B)2.A. or B. of this rule if approved by
the staff director.
3. Owners and operators of distribution
facilities subject to this subsection shall maintain complete records documenting the number of delivery vessels loaded and their owners.
4. This subsection does not apply to distribution facilities whose average monthly
throughput of gasoline is less than or equal to
one hundred twenty thousand (120,000) gallons when averaged over the most recent calendar year, provided that the installation
loads gasoline by submerged loading.
A. Upon request of the director, these
installations shall submit to the staff director,
a report stating gasoline throughput for each
month of the previous calendar year.
B. Delivery vessels purchased after
April 30, 2004 shall be Stage I equipped.
C. Delivery vessels operated by an
exempt installation shall not deliver to Stage
I controlled tanks unless the delivery vessel is
equipped with and employs Stage I controls.
(C) Gasoline Transfer at GDFs.
1. No owner or operator of a gasoline
storage tank or delivery vessel shall cause or
permit the transfer of gasoline from a delivery vessel into a gasoline storage tank with a
capacity greater than five hundred fifty (550)
gallons unless—
A. The storage tank is equipped with
a submerged fill pipe extending unrestricted
to within six inches (6") of the bottom of the
tank, and not touching the bottom of the tank,
or the storage tank is equipped with a system
that allows a bottom fill condition;
B. All storage tank caps and fittings
are vapor-tight when gasoline transfer is not
taking place; and
C. Each storage tank is vented via a
conduit that is—
(I) At least two inches (2") inside
diameter;
(II) At least twelve feet (12') in
height above grade; and
(III) Equipped with a pressure/vacuum valve that is CARB certified or equivalent as approved by the staff director. The
pressure specifications for the pressure/vacuum valves shall be a positive pressure setting
of two and one-half to six inches (2.5–6") of
water and a negative pressure setting of six to
ten inches (6.0–10.0”) of water.
2. Stationary storage tanks with a capacity greater than two thousand (2,000) gallons
shall also be equipped with a Stage I vapor
recovery system in addition to the requirements of paragraph (3)(C)1. of this rule and
the delivery vessels to these tanks shall be in
compliance with subsection (3)(D) of this
rule.
A. The vapor recovery system shall
collect no less than ninety percent (90%) by
volume of the vapors displaced from the stationary storage tank during gasoline transfer
and shall return the vapors via a vapor-tight
return line to the delivery vessel. After the
effective date of this rule, all coaxial systems
shall be equipped with poppeted fittings.
B. At the time of installation and
every six (6) years thereafter, each Stage I
vapor recovery system shall be tested according to subsection (5)(E) of this rule. The
department must be notified at least seven (7)
days prior to the test date to allow an observer to be present. It is not required for the
department to be present to observe the test.
The test results must be submitted to the staff
director within fourteen (14) days of test
completion. Each system has to be capable of
meeting the static pressure performance
requirement of the following equation:
Pf = 2e−760.490/v
Where:
Pf = Minimum allowable final pressure,
inches of water.
v = Total ullage affected by the test, gallons.
e = Dimensionless constant equal to approximately 2.718.
2 = The initial pressure, inches water.
C. Pressure/vacuum valves shall be
tested according to subsection (5)(D) of this
rule at the time of installation and every three
(3) years thereafter. The department must be
notified at least seven (7) days prior to the
test date to allow an observer the opportunity
to be present. It is not required for the department to be present to observe the test. The
test results must be submitted to the staff
director within fourteen (14) days of test
completion. The pressure specifications for
pressure vacuum valves must be a positive
pressure setting of two and one-half to six
inches (2.5–6") of water and a negative pressure setting of six to ten inches (6–10") of
water. The leak rate of each pressure/vacuum
valve shall not exceed four tenths (0.40) cubic
foot per hour at a pressure of two inches
(2.0") of water and four tenths (0.40) cubic
foot per hour at a vacuum of four inches
(4.0") of water.
D. A delivery vessel shall be refilled
only at installations complying with the provisions of subsection (3)(B) of this rule.
E. This subsection shall not be construed to prohibit safety valves or other
devices required by governmental regulations.
3. No owner or operator of a gasoline
delivery vessel shall cause or permit the
transfer of gasoline from a delivery vessel
into a storage tank with a capacity greater
than two thousand (2,000) gallons unless—
A. The owner or operator employs
one (1) vapor line per product line during the
transfer. The staff director may approve other
delivery systems upon submittal to the
department of test data demonstrating compliance with subparagraph (3)(C)2.A. of this
rule;
B. Each vapor hose is no less than
three inches (3") inside diameter;
C. Each product hose is less than or
equal to four inches (4") inside diameter; and
D. Any component of the vapor
recovery system that is not preventing vapor
emissions as designed is repaired.
4. The owner or operator of a vapor
recovery system subject to subsection (3)(C)
of this rule shall maintain records of inspection reports, enforcement documents, gasoline deliveries, routine and unscheduled
maintenance, repairs, and all results of tests
conducted. Unless otherwise specified in this
rule, records have to be kept for two (2) years
and made available to the staff director within
five (5) business days of a request.
5. The provisions of paragraph (3)(C)2.
of this rule do not apply to transfers made to
storage tanks equipped with floating roofs or
their equivalent.
6. The provisions of paragraphs (3)(C)
1.–4. of this rule do not apply to stationary
storage tanks having a capacity less than or
equal to two thousand (2,000) gallons used
exclusively for the fueling of implements of
agriculture or were installed prior to June 12,
1986.
(D) Gasoline Delivery Vessels.
1. No owner or operator of a gasoline
delivery vessel shall operate or use a gasoline
delivery vessel which is loaded or unloaded
at an installation subject to subsections (3)(B)
or (C) of this rule unless—
A. Cargo tank tightness test is conducted annually;
B. The owner or operator obtains the
completed test results signed by a representative of the testing facility upon successful
completion of the leak test;
C. The delivery vessel is repaired by
the owner or operator and retested within fifteen (15) days of testing if it does not pass the
cargo tank tightness test; and
D. A copy of the vessel’s current
cargo tank tightness test results are kept with
the delivery vessel at all times and made
immediately available to the staff director
upon request.
2. This subsection shall not be construed
to prohibit safety valves or other devices
required by governmental regulations.
(E) Owner/Operator Compliance. The
owner or operator of a vapor recovery system
subject to this rule shall—
1. Operate the vapor recovery system
and the gasoline loading equipment in a manner that prevents—
A. Gauge pressure from exceeding
four thousand five hundred (4,500) pascals
(eighteen inches (18") of water) in the delivery vessel;
B. A reading equal to or greater than
one hundred percent (100%) of the lower
explosive limit (LEL, measured as propane)
at two and one-half (2.5) centimeters from all
points on the perimeter of a potential leak
source when measured by Method 21—
Determination of Volatile Organic Compound
Leaks as specified in 10 CSR 10-6.030(22)
during loading or transfer operations; and
C. Visible liquid leaks during loading
or transfer operation;
2. Repair and retest within fifteen (15)
days, a vapor recovery system that exceeds
the limits in subsection (3)(E) of this rule;
and
3. The owner or operator of a vapor
recovery system subject to subsection (3)(E)
of this rule shall maintain records of inspection reports, enforcement documents, gasoline deliveries, routine and unscheduled
maintenance, repairs, and all results of tests
conducted. Unless otherwise specified in this
rule, records shall be kept for two (2) years
and made available to the staff director within
five (5) business days of a request.
(4) Reporting and Record Keeping. The
reporting and record keeping requirements
are located in paragraphs (3)(A)3., (3)(B)3.,
(3)(C)4., and (3)(E)3. of this rule. In addition, all records shall be maintained for a
minimum of two (2) years, and shall be made
immediately available to inspectors upon
request.
(5) Test Methods.
(A) Testing procedures to determine compliance with subparagraph (3)(D)1.A. shall
be performed according to 40 CFR
63.425(e), Subpart R. 40 CFR 63.425(e),
Subpart R, promulgated as of June 30, 2018
is hereby incorporated by reference in this
rule, as published by the Office of the Federal
Register. Copies can be obtained from the
U.S. Publishing Office Bookstore, 710 N.
Capitol Street NW, Washington, DC 20401.
This rule does not incorporate any subsequent amendments or additions.
(B) Testing procedures to determine compliance with subparagraph (3)(B)2.A. of this
rule shall be conducted using Method 25—
Determination of Total Gaseous Nonmethane
Organic Emissions as Carbon as specified in
10 CSR 10-6.030(22) or by any method
determined by the staff director.
(C) The staff director, at any time, may
monitor a delivery vessel, vapor recovery system or gasoline loading equipment by a
method determined by the staff director to
confirm continuing compliance with this rule.
(D) Testing procedures to determine compliance with subparagraph (3)(C)2.C. of this
rule shall be conducted using California Air
Resources Board Vapor Recovery Test
Procedure TP-201.1E—Leak Rate and
Cracking Pressure of Pressure/Vacuum Vent
Valves, adopted October 8, 2003, or by any
method determined by the staff director. Test
Procedure TP-201.1E is hereby incorporated
by reference in this rule, as published by the
California Air Resources Board. Copies can
be obtained from the California Air
Resources Board, PO Box 2815, Sacramento,
CA 95812. This rule does not incorporate any
subsequent amendments or additions.
(E) Testing procedures to determine compliance with subparagraph (3)(C)2.B. of this
rule shall be conducted using California Air
Resources Board Vapor Recovery Test
Procedure TP-201.3—Determination of 2Inch WC Static Pressure Performance of
Vapor Recovery Systems of Dispensing
Facilities, adopted April 12, 1996, and
amended March 17, 1999, or by any method
determined by the staff director. Test
Procedure TP-201.3 is hereby incorporated
by reference in this rule, as published by the
California Air Resources Board. Copies can
be obtained from the California Air
Resources Board, PO Box 2815, Sacramento,
CA 95812. This rule does not incorporate any
subsequent amendments or additions.
AUTHORITY: section 643.050, RSMo 2016.*
Original rule filed Jan. 15, 1979, effective
June 11, 1979. Amended: Filed Oct. 15,
1979, effective March 13, 1980. Amended:
Filed March 13, 1980, effective Sept. 12,
1980. Amended: Filed Nov. 2, 1984, effective
May 11, 1985. Amended: Filed Feb. 4, 1986,
effective May 29, 1986. Amended: Filed Sept.
1, 1987, effective Dec. 24, 1987. Amended:
Filed Nov. 27, 1989, effective May 24, 1990.
Amended: Filed May 15, 1995, effective Dec.
30, 1995. Amended: Filed Dec. 1, 2000,
effective July 30, 2001. Amended: Filed April
1, 2002, effective Nov. 30, 2002. Amended:
Filed Aug. 15, 2003, effective April 30,
2004. Amended: Filed May 9, 2018, effective
Feb. 28, 2019.
*Original authority: 643.050, RSMo 1965, amended 1972,
1992, 1993, 1995.