250-RICR-120-05-11
250-RICR-120-05-11. Air Pollution Control Regulation No. 11 - Petroleum Liquids Marketing and Storage (version Amendment, 12/25/2013 to 01/10/2019)
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
OFFICE OF AIR RESOURCES
AIR POLLUTION CONTROL REGULATION NO. 11
PETROLEUM LIQUIDS MARKETING AND STORAGE
Effective 5 July 1979
Last Amended 25 December 2013
AUTHORITY: These regulations are authorized pursuant to R.I. Gen. Laws § 42-
17.1-2(s) and 23-23, as amended, and have been promulgated pursuant to the
procedures set forth in the R.I. Administrative Procedures Act, R.I. Gen. Laws Chapter
42-35.
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
OFFICE OF AIR RESOURCES
AIR POLLUTION CONTROL REGULATION NO. 11
PETROLEUM LIQUIDS MARKETING AND STORAGE
TABLE of CONTENTS
11.1
Definitions
1
11.2
Storage of Petroleum Liquids - Fixed Roof Tanks
4
11.3
Bulk Gasoline Terminals
6
11.4
Bulk Gasoline Plants
9
11.5
Gasoline Dispensing Facility Stage I Vapor Controls and General Requirements
10
11.6
Storage of Petroleum Liquids: External Floating Roof Vessels
16
11.7
Reid Vapor Pressure
19
11.8
Tank Truck Certification and Vapor Collection Systems
20
11.9
Any equivalence approval required by EPA in this regulation will not be effective until
approved as a single source revision to the State Implementation Plan.
23
11.10 Gasoline Dispensing Facilities - Stage II Vapor Controls
24
11.11 General Provisions
36
Page 1 of 38
RHODE ISLAND DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
OFFICE OF AIR RESOURCES
AIR POLLUTION CONTROL REGULATION NO. 11
PETROLEUM LIQUIDS MARKETING AND STORAGE
11.1
Definitions
Unless otherwise expressly defined in this section, the terms used in this regulation shall be
defined by reference to the Rhode Island Air Pollution Control General Definitions
Regulation. As used in this regulation, the following terms shall, where the context
permits, be construed as follows:
11.1.1
"Petroleum liquids" means crude oil, condensate and any finished or
intermediate products manufactured or extracted in a petroleum refinery
whose true vapor pressure is greater than 1.52 psia (10.5 kilo pascals) at
69oF.
11.1.2
"Bulk gasoline terminal" means a gasoline storage facility which receives
gasoline from refineries primarily by pipeline, railroad tank car, ship, or
barge, and delivers gasoline to bulk gasoline plants or to commercial or retail
accounts primarily by tank truck; and has a daily throughput of more than
20,000 gallons of gasoline.
11.1.3
"Bulk gasoline plant" means a gasoline storage and distribution facility
with an average daily throughput of 20,000 gallons or less but greater than
4,000 gallons which receives gasoline from bulk terminals by trailer transport
or railroad tank car, stores it in tanks, and subsequently dispenses it via
account trucks to local farms, businesses, and service stations.
11.1.4
"Gasoline" means any petroleum distillate having a Reid vapor pressure of
more than 4.0 psia as determined by ASTM Method D323. This term
includes but is not limited to mixtures of alcohols and gasoline.
11.1.5
"Splash filling" means the filling of a tank truck or stationary storage tank
through a pipe or hose whose discharge opening is above the surface level of
the liquid in the tank being filled.
11.1.6
"Bottom filling" means the filling of a tank truck or stationary storage tank
through an opening that is flush with the tank bottom.
11.1.7
"Submerged filling" means the filling of a tank truck or stationary tank
Page 2 of 38
through a submerged fill pipe whose discharge opening is entirely submerged
when the pipe normally used to withdraw liquid from the tank can no longer
withdraw any liquid.
11.1.8
"Submerged fill pipe" means any fill pipe the discharge opening of which
is entirely submerged when the liquid level is six inches above the bottom of
the tank; or when applied to a tank which is loaded from the side, shall mean
any fill pipe the discharge of which is entirely submerged when the liquid
level is 18 inches or twice the diameter of the fill pipe, whichever is greater,
above the bottom of the tank.
11.1.9
"Vapor balance system" means a combination of pipes or hoses which
create a closed system between the vapor spaces of an unloading vessel and a
receiving vessel such that vapors displaced from the receiving vessel are
transferred to the vessel being unloaded.
11.1.10
"Owner" means any person who has legal or equitable title to the gasoline
storage vessel at a facility.
11.1.11
"Operator" means any person who leases, operates, controls or supervises a
facility at which gasoline is dispensed.
11.1.12
"Gasoline dispensing facility" means any site where gasoline is dispensed
to motor vehicle gasoline tanks from stationary storage vessels.
11.1.13
"Daily throughput" means the average amount of gasoline that a bulk
gasoline terminal or plant dispenses in a day from that facility and is defined
as the thirty day rolling average throughput of the facility. This is used to
determine applicability, not compliance.
11.1.14
"Vapor tight" means equipment that allows no loss of vapors. Equipment is
considered vapor-tight if the vapor concentration at a potential leak source is
not equal to or greater than 100 percent of the Lower Explosive Limit when
measured with a combustible gas detector, calibrated with propane, at a
distance of 1 inch from the source.
11.1.15
"Leak" means a meter reading from a combustible gas detector greater or
equal to 100 percent lower explosive limit as propane.
11.1.16
"Vapor" means those components of gasoline that have been volatilized to
the gaseous phase from the liquid phase.
11.1.17
"External floating roof" means a storage vessel cover in an open top tank
consisting of a double deck or pontoon single deck which rests upon and is
Page 3 of 38
supported by the petroleum liquid being contained and is equipped with a
closure seal or seals to close the space between the roof edge and tank wall.
11.1.18
"Liquid-mounted seal" means a primary seal mounted in continuous
contact with the liquid around the circumference of the tank between the tank
wall and the floating roof.
11.1.19
"Vapor-mounted seal" means a primary seal mounted so there is a vapor
space underneath the seal. The annular vapor space is bounded by the
bottom of the primary seal, the tank wall, the liquid surface, and the floating
roof.
11.1.20
"Best extent possible" means there shall be no reading at 2.5 centimeters
from any potential leak source, greater than or equal to 100% of the lower
explosive limit, LEL, measured as propane, as detected by a combustible gas
detector using the test procedure described in Appendix B of the EPA
document entitled "Control of Volatile Organic Compound Leaks from
Gasoline Tank Trucks and Vapor Collection Systems" (EPA-450/2-78-051).
11.1.21
"Substantially modified" means a modification of an existing gasoline
dispensing facility which involves the addition, repair, replacement, or
reconditioning of stationary storage tanks. Any excavation at an existing
gasoline dispensing facility which has the potential to affect the integrity or
pitch of any Stage II vapor return, manifold or vent piping is also considered
a substantial modification.
11.1.22
"Stage II vapor collection and control system" means a system which
collects gasoline vapors displaced from motor vehicle gasoline tanks during
refueling and which routes the vapors to a stationary storage tank.
11.1.23
"Monthly throughput" means the amount of gasoline that a gasoline
dispensing facility dispenses in a month. This amount is used to determine
applicability, not compliance.
11.1.24
”Vacuum assist system" means a Stage II vapor collection and control
system which employs a pump, blower or other vacuum inducing device to
collect and/or process gasoline vapors.
11.1.25
“Corporate or commercial fleets” means vehicles used for business
purposes which are owned by corporations, governments, universities or
other organizations.
11.1.26
“Onboard Refueling Vapor Recovery” or ORVR means a vehicle
emission control system that captures fuel vapors from the vehicle gas tank
Page 4 of 38
during refueling.
11.1.27
"Stage I vapor control system" means a closed system between the vapor
spaces of an unloading gasoline tank truck and a receiving gasoline
dispensing facility storage tank such that vapors displaced from the storage
tank are transferred to the tank truck that is being unloaded.
11.2
Storage of Petroleum Liquids - Fixed Roof Tanks
11.2.1
Prohibitions and Requirements
11.2.1.1
No person shall place, store or hold in any stationary vessel,
reservoir, or other container of more than 40,000 gallons capacity
any petroleum liquids unless such tank reservoir or other container
is a pressure tank capable of maintaining working pressures
sufficient at all times to prevent vapor or gas loss to the outdoor
atmosphere unless:
(a)
the source utilizes an internal floating roof equipped with a
closure seal, or seals, to close the space between the roof
edge and tank wall such that:
(1)
the cover must float uniformly on the liquid;
(2)
there is no accumulated liquid on the cover, and;
(3)
the seal is intact and uniformly in place around the
circumference of the cover between the cover and
tank wall, or
(b)
the source utilizes an alternative control device that is at
least 95% effective at reducing or recovering VOC
emissions, approved by the Director, and
(c)
the source is maintained such that there are no visible
holes, tears, or other openings in the seal or any seal fabric
or materials, and
(d)
where applicable, all openings, except stub drains, are
equipped with covers, lids, or seals such that:
(1)
the cover, lid, or seal is in the closed position at all
times except when in actual use, and
Page 5 of 38
(2)
automatic bleeder vents are closed at all times
except when the roof is being floated off or being
landed on the roof leg supports, and
(3)
rim vents, if provided, are set to open when the roof
is being floated off the roof leg supports or at the
manufacturer's recommended setting, and
(e)
routine visual inspections of the internal floating roof and
the primary and secondary seals are conducted through roof
hatches on an annual basis , and
(f)
a complete visual inspection of the internal floating roof,
the primary and secondary seals, gaskets, slotted
membranes and sleeve seals is conducted whenever the
tank is emptied or once every ten years, whichever is more
frequent, or
(g)
the source utilized a vapor recovery system consisting of a
device capable of collecting the vapor from volatile organic
liquids and gases so as to prevent their emissions to the
outdoor atmosphere. All tank gauging and sampling
devices shall be gas tight except when gauging or sampling
is taking place.
11.2.2
Records
11.2.2.1
Records are to be maintained at the facility by the owner or
operator of a source defined in Subsection 11.2.1.1 and shall
include:
(a)
Reports of the results of inspections conducted under
Subsections 11.2.1.1 (e) and 11.2.1.1 (f).
(b)
Records of daily throughput quantities, types of volatile
petroleum liquids, average monthly storage temperature,
and true vapor pressure of the stored liquid.
(c)
Records for both scheduled and unscheduled maintenance.
11.2.2.2
Records cited in Subsection 11.2.2.1 shall be maintained for a
period of three (3) years and shall be accessible for review by the
Director, personnel designated by the Director, or the EPA.
Page 6 of 38
11.3
Bulk Gasoline Terminals
11.3.1
This section will apply to bulk gasoline terminals and appurtenant
equipment necessary to load and unload the tank trucks, railroad tank cars or
trailer compartment. If a source is ever considered a bulk terminal because
it surpasses the daily throughput under the definition in 11.1.2 of this
regulation, it is always subject to this regulation even if it goes below the
daily throughput.
11.3.2
Prohibitions
11.3.2.1
No person shall load or unload gasoline into any tank trucks,
railroad tank cars, or trailers from any bulk gasoline terminal
unless the above-mentioned vessels are equipped with a vapor
balance system, and
(a)
the bulk gasoline terminal is equipped with a vapor control
system properly installed, maintained and in good working
order, in operation and that prevents emissions to the
atmosphere from exceeding 0.30 grams per gallon (80
grams/1000 liters) of gasoline loaded over any 6 hour
period as determined by 11.3.5.1. The vapor collection and
processing equipment must be designed and operated to
prevent gauge pressure in the tank truck from exceeding 18
inches of water and prevent vacuum from exceeding 6
inches of water, and
(b)
a connecting pipe or hose from the loading rack to the
delivery vessel is equipped with fittings which are vapor
tight and will automatically and immediately close upon
disconnection so as to prevent release of volatile organic
materials to the best extent possible, and
(c)
a vapor space connection on the tank truck, railroad tank
car, or trailer equipped with fittings which are vapor tight
and will automatically and immediately close upon
disconnection so as to prevent release of volatile organic
materials to the best extent possible.
(d)
the bulk gasoline terminal is equipped with a vapor control
system, capable of complying with paragraph (a) of this
section, properly installed, in good working order, in
operation and consistent with one of the following:
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(1)
an adsorber or condensation system which
processes and recovers at least 90 percent by weight
of all vapors and gases from the equipment being
controlled; or,
(2)
a vapor collection system which directs all vapor to
fuel gas system and reduces emissions by at least 90
percent; or,
(3)
a control system determined to be equally effective
and approved by the Director.
11.3.2.2
Sources affected under Section 11.3 may not:
(a)
allow gasoline to be discarded in sewers or stored in open
containers or handled in any manner that would result in
evaporation, nor
(b)
allow the pressure in the vapor collection system to exceed
the tank truck or trailer pressure relief settings.
11.3.2.3
All pumps and compressors handling gasoline shall have
mechanical seals or other equipment for the purposes of air
pollution control as approved by the Director and EPA. The seals
or other equipment, when tested by a combustible gas detector at
2.5 centimeters from any potential leak points, shall give no
reading of greater than 100% of the lower explosive limit,
measured as propane.
11.3.2.4
The emergency venting of vessels covered by Subsection 11.3.2.2
shall be in accordance with the federal DOT specifications for
cargo tanks and tank cars authorized to carry hazardous materials.
Emergency venting shall not be considered a violation.
11.3.3
Records
11.3.3.1
Records shall be maintained at the facility by the owner or
operator of a bulk gasoline terminal and shall include:
(a)
Records of daily throughput quantities of gasoline.
(b)
Records for both scheduled and unscheduled maintenance
of the vapor control system that is described in Subsection
11.3.2.1 (a).
Page 8 of 38
11.3.3.2
Records cited in Subsection 11.3.3.1 should be maintained for a
period of three years and should be accessible for review by the
Director, personnel designated by the Director, or the EPA.
11.3.4
Compliance
11.3.4.1
Compliance Schedules - All persons owning or controlling sources
as described in Subsection 11.3.1 shall achieve compliance with
Subsection 11.3.1 (a) through (c) not later than 1 July 1981 in
accordance with the following schedule:
(a)
Not later than 1 January 1980 - submit final plans,
specifications and maintenance schedules of equipment to
be used to prevent gasoline vapor loss to the atmosphere
and to comply with Subsections 11.3.2.1 (a), (b) and (c) to
the Director for approval in accordance with Section
23-23-5 (j) of the General Laws of 1956, as amended, and
Air Pollution Control Regulation 9.
(b)
Not later than 1 March 1980 - award all necessary contracts
for the implementation of the approved plans and
specifications.
(c)
not later than 1 October 1980 - submit a progress report to
the Director on the expected delivery date of all capital
equipment ordered to comply with Subsection 11.3.2.1 (a)
through (c).
(d)
Not later than 1 March 1981 - initiate any construction,
modification and/or installation required by the approved
plans and specifications.
(e)
Not later than 1 July 1981 - complete any actions described
in Subsection 11.3.4.1 (d).
11.3.4.2
The achievement of Items (b), (d) and (e) of Subsection 11.3.4.1
will be reported in writing within five (5) days to the Director.
11.3.4.3
All records and reports will include supporting documentation as
appropriate.
11.3.5 Compliance Test Methods
Page 9 of 38
11.3.5.1
Compliance with the emission limitations set forth in Section 11.3
shall be determined by using the procedures, compliance averaging
times (6 hours), and test methods which are detailed in 40 CFR
60.503 or any other method approved by the Director and EPA.
11.4
Bulk Gasoline Plants
11.4.1
This regulation will apply to the unloading, loading and storage facilities of
all bulk gasoline plants and all tank trucks delivering or receiving gasoline at
bulk gasoline plants. If a source is ever considered a bulk plant because it
surpasses the daily throughput under the definition in 11.1.3 of this regulation,
it is always subject to this regulation even if it goes below the daily
throughput.
11.4.2
Prohibitions
11.4.2.1
No owner or operator of a bulk gasoline plant, tank truck, railroad
tank car or trailer may permit the loading or unloading of account
trucks, tank trucks, railroad tank cars or trailers at a bulk gasoline
plant unless each account truck, tank truck, railroad tank car, or
trailer is equipped with a vapor balance system as described in
subsection 11.4.2.2 and approved by the Director, and
(a)
equipment is available at the bulk gasoline plant to provide
for the submerged filling of each tank truck, railroad tank
car or trailer, or
(b)
each tank truck, railroad tank car or trailer is equipped for
bottom filling.
11.4.2.2
Vapor balance systems required under Subsection 11.4.2.1 shall
prevent the release of volatile organic material to the atmosphere
to the best extent possible and shall consist of the following major
components:
(a)
a vapor space connection on the stationary storage tank
equipped with fittings which are vapor tight and will
automatically and immediately close upon disconnection so
as to prevent release of volatile organic material to the best
extent possible, and
(b)
a connecting pipe or hose equipped with fittings which are
vapor tight and will automatically and immediately close
upon disconnection so as to prevent release of volatile
Page 10 of 38
organic material to the best extent possible, and
(c)
a vapor space connection on the tank truck, railroad tank
car or trailer equipped with fittings which are vapor tight
and will automatically and immediately close upon
disconnection so as to prevent release of volatile organic
material to the best extent possible.
11.4.2.3
No owner or operator of a bulk gasoline plant may permit gasoline
to be spilled, discarded in sewers, stored in open containers or
handled in any other manner that would result in evaporation.
11.4.3 Records
11.4.3.1
Records shall be maintained at the facility by the owner or
operator of a bulk gasoline plant and shall include:
(a)
records of daily throughput quantities of gasoline,
(b)
records for both scheduled and unscheduled maintenance of
vapor balance equipment as described in Subsection
11.4.2.2.
11.4.3.2
Records cited in Subsection 11.4.3.1 should be maintained for a
period of three (3) years and should be accessible for review by the
Director, personnel designated by the Director, or the EPA.
11.4.4
Compliance
11.4.4.1
Compliance Schedules - All persons owning or controlling sources
as described in Subsection 11.4.1 shall register with the Director
no later than three (3) months after the effective date of this
regulation. Compliance schedules will be negotiated on a
case-by-case basis.
11.4.5 Compliance Test Methods - Compliance with the emission limitations set forth
in Section 11.4 shall be determined by using the procedures and test methods
which are detailed in Appendices B and C of EPA publication entitled Control
of Volatile Organic Compound Leaks from Gasoline Tank Trucks and Vapor
Collection Systems, Guideline Series Publication No. EPA-450/2-78-051
(OAQPS No. 1.2-119).
11.5
Gasoline Dispensing Facility Stage I Vapor Controls and General Requirements
Page 11 of 38
11.5.1
Subsection 11.5.2 shall apply to all gasoline dispensing facilities with the
following exceptions:
(a)
Stationary gasoline storage vessels of less than 550 gallons capacity
used exclusively for the fueling of implements of husbandry, provided
the containers are equipped with submerged fill pipes, or
(b)
Stationary storage vessels located at a gasoline dispensing facility with
a capacity of less than 2000 gallons which is in place before 1 July
1979, or
(c)
any stationary storage vessels located at a gasoline dispensing facility
with a capacity of 250 gallons or less which is installed after the
effective date of this regulation.
(d)
Any gasoline dispensing facility that is solely serviced by account
trucks owned or under the control of bulk gasoline plants that are
exempt from Section 11.4 of this regulation.
11.5.2
Prohibitions
11.5.2.1
Except as provided in Subsection 11.5.1, no person may transfer or
cause or allow the transfer of gasoline from any delivery vessel
into any stationary storage vessel unless the stationary storage
vessel is equipped with a submerged fill pipe and the vapors
displaced from the storage vessel during filling are processed by a
Stage I vapor control system in accordance with Subsection
11.5.2.2.
11.5.2.2
The Stage I vapor control system required by Subsection 11.5.2.1
shall be subject to the following conditions:
(a)
All vapor connections and lines on the storage tank shall be
equipped with closures that seal upon disconnect.
(b)
The vapor line from the gasoline storage tank to the
gasoline cargo tank shall be vapor-tight, as defined in
Subsection 11.1.14.
(c)
The Stage I vapor control system shall be designed such
that the pressure in the tank truck does not exceed 18
inches water pressure or 5.9 inches water vacuum during
product transfer.
Page 12 of 38
(d)
The vapor recovery and product adaptors and the method of
connection with the delivery elbow shall be designed so as
to prevent the over-tightening or loosening of fittings
during normal delivery operations.
(e)
If a gauge well separate from the fill tube is used, it shall be
provided with a submerged drop tube that extends the same
distance from the bottom of the storage tank as specified in
Subsection 11.1.8.
(f)
Liquid fill connections shall be equipped with vapor-tight
caps.
11.5.2.3
The vapor-laden delivery vessel shall be subject to the following
conditions:
(a)
The delivery vessel must be designed and maintained to be
vapor tight at all times, and
(b)
The vapor-laden delivery vessel may be re-filled only at:
(1)
bulk gasoline terminals complying with Section
11.3, or
(2)
bulk gasoline plants complying with Section 11.4.
11.5.2.4
Each owner of a gasoline storage vessel and gasoline delivery
vessel covered by Subsection 11.5.2.1 shall:
(a)
purchase and install all necessary control systems and make
all necessary process modifications to comply with
Subsections 11.5.2.2 and 11.5.2.3,
(b)
provide instructions to the operator of the gasoline
dispensing facility utilizing a Stage I vapor control system
as required in Subsection 11.5.2.2 describing necessary
maintenance operations and procedures for prompt
notification of the owner in case of any malfunctions of the
control system, and
(c)
repair, replace or modify any worn out or malfunctioning
component or element of design.
Page 13 of 38
11.5.2.5
Each operator of a gasoline dispensing facility covered by
Subsection 11.5.2.2 shall:
(a)
maintain and operate the Stage I vapor control system in
accordance with the specifications and the operating and
maintenance procedures specified by the owner, and
(b)
promptly notify the owner of the Stage I vapor control
system of any scheduled maintenance or malfunction
requiring replacement or repair of major components in the
system.
11.5.2.6
The Stage I vapor control system required in Subsection 11.5.2.1
shall be subject to the following conditions:
(a)
On and after March 25, 2014 all gasoline dispensing
facilities shall be equipped with a CARB-certified
Enhanced Vapor Recovery (EVR) Stage I pressure-vacuum
(PV) vent valve;
(b)
On and after March 25, 2014 all gasoline dispensing
facilities, except those facilities with co-axial tank systems,
shall be equipped with CARB-certified EVR Stage I
rotatable product and vapor adaptors;
(c)
All gasoline dispensing facilities that begin operation or
install a fuel storage tank on or after December 25, 2013
must be equipped with a CARB-certified EVR Stage I
vapor control system or a Stage I vapor control system
composed of EVR components upon facility start-up
following that installation;
(d)
Any component of a Stage I vapor control system that is
replaced after December 25, 2013 shall be replaced with a
CARB-certified EVR Stage I component;
(e)
On and after December 25, 2020, gasoline dispensing
systems must be equipped with a CARB-certified EVR
Stage I vapor control system or a Stage I vapor control
system composed of EVR components;
(f)
Aboveground storage tanks at gasoline dispensing facilities
are exempt from the requirement in this subsection to
install a rotatable product adaptor or another EVR Stage I
Page 14 of 38
component if such installation is not technically feasible.
Documentation of such technical infeasibility shall be made
available to the Director on request; and
(g)
A stainless steel UL-approved spill container that is not
EVR certified may be used in the place of an EVR spill
container provided that the spill container is not designed
to attach to the Stage I vapor control system.
11.5.2.7
The owner or operator of a gasoline dispensing facility that is not
equipped with a Stage II vapor collection and control system shall:
(a)
Visually inspect the facility’s Stage I vapor control system
weekly;
(b)
Perform the following Stage I vapor control system tests at
least once every twelve months:
(1)
A Pressure Decay 2-inch Test, using CARB test
procedure TP-201.3, demonstrating that the static
pressure of the system meets the following
specification:
Pf = 2e−500.887/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;
(2)
A Vapor Tie Test, using the San Diego Air
Pollution Control District test procedure TP-96-1,
section 5.1.9;
(3)
A Pressure/Vacuum Vent Valve Test, using CARB
test procedure TP-201.1E;
(4)
For facilities with EVR rotatable product adaptors
and/or vapor adaptors, a Static Torque Rotatable
Adaptor Test, using CARB test procedure TP-
201.1B; and
Page 15 of 38
(5)
For facilities with a Stage I EVR system, either a
Leak Rate of Drop Tube/Drain Valve Assembly
Test using CARB test procedure TP-201.1C or a
Leak Rate of Drop Tube/Overfill Prevention
Devices Test using CARB test procedure TP-
201.1D.
(c)
Notify the Department of the date that testing will be
conducted at least seven (7) days in advance of testing and
certify to the Department in writing within 15 days of the
test that testing has been completed. Such certification
shall be signed by the owner or operator of the facility and
shall include a list of Stage I EVR components operating at
the facility and the results of the tests required in this
subsection. Test results shall be signed and certified as
accurate by the person who conducted the tests.
(d)
Immediately replace any component of a Stage I vapor
control system that is not operating properly with a
properly functioning comparable EVR component.
(e)
Maintain the following records for a period of five years
and make those records available for inspection by
representatives of the Department or the EPA on request:
(1)
The dates and results of weekly visual inspections
as required in Subsection 11.5.2.7(a),
(2)
The dates and results of tests performed pursuant to
Subsection 11.5.2.7(b),
(3)
Identification of Stage I vapor control system
components that are replaced, the replacement
components installed, and dates of such
replacements, and
(4)
Gasoline throughput quantities.
11.5.3
General Requirements for Gasoline Dispensing Facilities
11.5.3.1
The owner or operator of a gasoline dispensing facility shall use
the following measures to minimize vapor releases to the
atmosphere:
Page 16 of 38
(a)
Minimize gasoline spills;
(b)
Clean up spills as expeditiously as practicable;
(c)
Cover all open gasoline containers and all gasoline storage
tank fill-pipes with a gasketed seal when not in use; and
(d)
Minimize gasoline sent to open waste collection systems
that collect and transport gasoline to reclamation and
recycling devices, such as oil/water separators.
11.6 Storage of Petroleum Liquids: External Floating Roof Vessels
11.6.1
Prohibitions
11.6.1.1
No person shall place, store or hold gasoline in a storage tank
having a capacity of 40,000 gallons or greater that is equipped with
an external floating roof unless the vessel has been fitted with:
(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 which controls volatile organic
compound emissions by attaining or exceeding the
requirements of Section 11.6.1.2 for a secondary seal
required under this regulation and approved by the Director
and EPA.
11.6.1.2
All seal closure devices must 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 tanks having vapor mounted primary seals, the
accumulated area of gaps exceeding 0.32 cm (1/8 in.) in
width between the secondary seal and the tank wall shall
not exceed 21.2 cm2 per meter of tank diameter (1.0 in.2
per ft. of tank diameter), as determined by the method in
Subsection 11.6.4.3.
Page 17 of 38
11.6.1.3
All openings in the external floating roof, except for automatic
bleeder vents, rim space vents and leg sleeves, must:
(a)
be equipped with covers, seals or lids in the closed position
except when the openings are in actual use, and
(b)
provide projections below the liquid surface at all times.
11.6.1.4
Automatic bleeder vents must be closed at all times except when
the roof is being floated off or being landed on the roof leg
supports.
11.6.1.5
Rim vents shall be set to open when the roof is being floated off
the leg supports or at the manufacturer's recommended setting.
11.6.1.6
Emergency roof drains shall be provided with slotted membrane
fabric covers or equivalent covers which cover at least 90 percent
of the area of the opening.
11.6.2
Inspection and Reporting Requirements
11.6.2.1
The owner or operator of a petroleum liquid storage vessel with an
external floating roof subject to this regulation shall:
(a)
perform routine inspections semiannually in order to ensure
compliance with Section 11.6 of this regulation and the
inspection of the secondary seal gap,
(b)
measure the secondary seal gap annually in accordance
with Subsection 11.6.4.3 (a) and (b) when the floating roof
is equipped with a vapor-mounted primary seal or liquid-
mounted primary seal, except that measurements in riveted
tanks shall not be made when the roof is floating at a level
that places the secondary seal in contact with a horizontal
rivet seam,
(c)
maintain records at the facility of the results of the
inspections required above for a period of three (3) years
after an inspection,
(d)
provide copies of all records under this section to the
Director, upon verbal or written request, at any reasonable
time.
Page 18 of 38
(e)
Maintain records at the facility which report monthly
throughput quantities, types of petroleum liquids stored,
average monthly storage temperature, and true vapor
pressures of the stored liquid.
11.6.3
Compliance Schedules
11.6.3.1
The owner or operator of a petroleum liquid storage vessel with an
external floating roof subject to this regulation shall:
(a)
submit a schedule to the Director within three (3) months
of the effective date of this regulation that contains the
following elements:
(1)
date when final plans for the emission control
system are to be submitted, and
(2)
date when contracts are to be awarded for the
emission control system.
(b)
complete on-site construction or installation of the
emission control equipment within ten (10) months of the
effective date of this regulation, and
(c)
achieve final compliance within twelve (12) months of the
effective date of this regulation.
11.6.3.2
The owner or operator subject to a compliance schedule of this
section shall certify to the Director within five (5) days after the
deadline for each increment of progress as to whether the required
increment of progress has been met.
11.6.4
Testing and Monitoring
11.6.4.1
The owner or operator of any volatile organic compound source
required to comply with Section 11.6 of this regulation shall
demonstrate compliance by the methods of this section or an
alternative method approved by the Director and EPA.
11.6.4.2
A person proposing to conduct a volatile organic compound
emissions test shall notify the Director of the intent to test not less
than fifteen (15) days before the proposed initiation of the tests so
the Director may have the option to observe the test. The
notification shall contain the information required by, and be in a
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format approved by, the Director.
11.6.4.3
Compliance with Subsection 11.6.1.2 (c) of this regulation shall be
determined by:
(a)
physically measuring the length and width of all gaps
around the entire circumference of the secondary seal in
each place where a 0.32 cm (1/8 in.) uniform diameter
probe passes freely (without forcing or binding against the
seal) between the seal and tank wall, and
(b)
summing the area of the individual gaps.
11.7
Reid Vapor Pressure
11.7.1
No person shall store, sell, or supply as fuel at or from bulk gasoline terminals
and bulk gasoline plants a gasoline having a Reid Vapor Pressure greater than
9.0 pounds per square inch, except as specified in Subsection 11.7.2, during the
period 1 May through 15 September of each year, beginning in 1989.
(a)
No person shall deliver gasoline having a Reid Vapor Pressure greater
than 9.0 pounds per square inch to a gasoline dispensing facility during
the period 1 May through 15 September of each year, beginning in 1989.
(b)
No gasoline dispensing facility shall receive gasoline having a Reid Vapor
Pressure greater than 9.0 pounds per square inch during the period 1 May
through 15 September of each year, beginning in 1989.
11.7.2
No person shall store, sell, or supply as fuel at or from bulk gasoline terminals
and bulk gasoline plants a gasoline-ethanol blend containing at least 9% ethanol
which has a Reid Vapor Pressure greater than 10.0 pounds per square inch
during the period 1 May through 15 September of each year, beginning in 1989.
(a)
No person shall deliver a gasoline-ethanol blend containing at least 9%
ethanol which has a Reid Vapor Pressure greater than 10.0 pounds per
square inch to a gasoline dispensing facility during the period 1 May
through 15 September of each year, beginning in 1989.
(b)
No gasoline dispensing facility shall receive a gasoline-ethanol blend
containing at least 9% ethanol which has a Reid Vapor Pressure greater
than 10.0 pounds per square inch during the period 1 May through 15
September of each year, beginning in 1989.
11.7.3
Sampling and testing of gasoline shall be in accordance with ASTM Method
Page 20 of 38
D323-82 or any equivalent method approved by the Director and EPA.
11.8
Tank Truck Certification and Vapor Collection Systems
11.8.1
This regulation shall apply to all gasoline tank trucks equipped for gasoline
vapor collection.
11.8.2 Prohibitions
11.8.2.1
No person shall allow a gasoline tank truck to be filled or emptied
unless the gasoline tank truck:
(a)
is tested annually according to the test procedure
referenced in Section 11.8.4;
(b)
sustains a pressure change of no more than .11 psi (3 inches
of water) in five minutes when pressurized to a gauge
pressure of .65 psi (18 inches of water) or evacuated to a
gauge pressure of.22 psi (6 inches of water) during the
testing required in Section 11.8.2.1 (a);
(c)
is repaired by the owner or operator and retested within 15
days of testing if it does not meet the criteria of Section
11.8.2.1 (b);
(d)
displays a sticker near the Department of Transportation
Certification plate, which:
(1)
shows the date the gasoline tank truck last passed
the test required in Section 11.8.2.1(a);
(2)
shows the identification number of the gasoline tank
truck; and,
(3)
expires not more than one year from the date of the
leak tight test.
11.8.2.2
No person shall unload gasoline into a storage tank at a gasoline
dispensing facility subject to Subsection 11.5.2 unless the
following conditions are met:
(a)
All hoses are properly connected to the Stage I vapor
recovery system;
Page 21 of 38
(b)
The adapters or couplers that attach to the vapor line on the
storage tank have closures that seal upon disconnect;
(c)
All vapor return hoses, couplers, and adapters used in the
gasoline delivery are vapor-tight, as defined in Subsection
11.1.14;
(d)
All tank truck vapor return equipment is compatible in size
and forms a vapor-tight connection with the Stage I
equipment on the gasoline dispensing facility’s storage
tank; and
(e)
All hatches on the tank truck are closed and securely
fastened.
11.8.2.3
The owner or operator of a vapor collection system shall:
(a)
design and operate the vapor collection system and the
gasoline loading equipment in a manner that prevents:
(1)
gauge pressure from exceeding .65 psi (18 inches of
water) and a vacuum from exceeding .22 psi (6
inches of water) in the gasoline tank truck;
(2)
a reading equal to or greater than 100% of the lower
explosive limit, LEL, measured as propane, at 2.5
centimeters from any potential leak source when
measured by the method referenced in Section
11.8.4 during the loading or unloading operations at
gasoline dispensing facilities, bulk plants and bulk
terminals;
(3)
visible leaks during the loading and unloading
operations at gasoline dispensing facilities, bulk
plants and bulk terminals; and,
(b)
within 15 days, repair and retest a vapor collection, or
control system that exceeds the limits in Section
11.8.2(a)(1).
11.8.2.4
The Director may, at any time, monitor a gasoline tank truck,
vapor collection system, or vapor control system, by the method
referenced in Section 11.8.4, to confirm continuing compliance
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with Sections 11.8.2.1, 11.8.2.2 and 11.8.2.3.
11.8.3 Compliance Schedule
11.8.3.1
The owner or operator of a gasoline tank truck subject to this
regulation must meet the following increments of progress:
(a)
Submit plans to the Director for operating and maintenance
procedures to implement Sections 11.8.2 and 11.8.4 before
January 15, 1990;
(b)
Issue purchase orders for contracts for all needed test
equipment before February 15, 1990;
(c)
Commence certification of gasoline tank trucks before May
15, 1990, and;
(d)
Complete initial certification of all gasoline tank trucks by
June 1, 1990.
11.8.3.2
The owner or operator of a gasoline tank truck subject to a
compliance schedule of this section shall certify to the Director
within 5 days after the deadline for each increment of progress,
whether the required increment of progress has been met.
11.8.4 Testing and Monitoring
11.8.4.1
The owner or operator of a gasoline tank truck subject to this
regulation shall, at his own expense, demonstrate compliance with
Section 11.8.2 by the methods of Section 11.8.4.3 or an alternative
method approved by the Director and EPA. All tests shall be made
by, or under the direction of, a person qualified by training and/or
experience in the field of air pollution testing or tank truck
maintenance and testing and/or experience in the use of a
combustible gas detector in the field of air pollution.
11.8.4.2
The owner or operator of a gasoline tank truck subject to this
regulation shall notify the Director in writing of the date and
location of the certification test at least 10 days before the
anticipated test date.
11.8.4.3
Test procedure to determine compliance with Section 11.8.2 must
be consistent with the test procedure described in 40 CFR Part
60,Appendix A, Method 27.
Page 23 of 38
11.8.4.4
Monitoring to confirm the continuing existence of leak tight
conditions shall be consistent with the procedures described in
Appendix B of the OAQPS Guideline Series document, "Control
of Organic Compound Leaks from Gasoline Tank Trucks and
Vapor Collection Systems," EPA 450/2-78-051 or an alternative
method approved by the Director and EPA.
11.8.5 Recordkeeping and Reporting
11.8.5.1
An owner or operator subject to section 11.8 shall maintain records
of all certification testing and repairs. The records must identify
the gasoline tank truck, vapor collection system, or vapor control
system; the date of repair; and, if applicable , the type of repair and
the date of retest. The records must be maintained in a legible,
readily available condition for at least 2 years after the date of
testing or repair was completed.
11.8.5.2
The records for certification tests required by Section 11.8.5.1 of
this section, shall, as a minimum, contain:
(a)
the gasoline tank truck identification number;
(b)
the initial test pressure and the time of reading;
(c)
the final test pressure and the time of reading;
(d)
the initial test vacuum and the time of reading;
(e)
the final test vacuum and the time of reading;
(f)
at the top of each report page shall be the company name,
and the date and location of the tests on that page; and,
(g)
name, address and title of person conducting the test.
11.8.5.3
Copies of all records and reports under this Section shall
immediately be made available to the Director and/or EPA, upon
verbal or written request, at any reasonable time.
11.9
Any equivalence approval required by EPA in this regulation will not be effective
until approved as a single source revision to the State Implementation Plan.
Page 24 of 38
11.10 Gasoline Dispensing Facilities - Stage II Vapor Controls
11.10.1
The requirements of this section shall apply to:
(a)
All gasoline dispensing facilities constructed or substantially modified
after 15 November 1992.
(b)
All other gasoline dispensing facilities which have or have had a monthly
throughput of greater than 10,000 gallons in any one month after
November 1991.
(c)
The requirements in this section shall be presumed to apply to all gasoline
dispensing facilities. It is the obligation of the person who owns, operates,
leases, or controls a gasoline dispensing facility to demonstrate to the
Department, in writing and with clear and convincing evidence, that the
facility should be exempted from this regulation because its throughput
has not exceeded 10,000 gallons in any month after November 1991. Any
such exempted facility shall be required to comply with the recordkeeping
and reporting requirements specified in Subsections 11.10.3.1 and
11.10.3.9.
(d)
The requirements in this section shall not apply to gasoline dispensing
facilities which dispense gasoline solely to marine vessels.
(e)
Facilities constructed or substantially modified after 15 November 1992
may submit to the Department, in writing, a request for an exemption to
the requirements of this section. Exemption requests must demonstrate
that monthly throughput has not exceeded 10,000 gallons in any month
since November 1991 and will not exceed 10,000 gallons in any future
month and that installation of a Stage II system at the facility is not
technically and/or economically feasible and must include, at a minimum,
the following information:
(1)
The nature of the facility;
(2)
The number of dispensers, hoses and nozzles at the facility;
(3)
The number and volume of all gasoline storage tanks at the
facility; and
(4)
Gasoline throughput for the facility for every month for the two
years preceding the request or, for new facilities, expected
maximum monthly gasoline throughput.
Page 25 of 38
Any facility that is granted an exemption by the Department pursuant to
this subsection shall be required to comply with the recordkeeping and
reporting requirements specified in Subsections 11.10.3.1 and 11.10.3.10.
(f)
Gasoline dispensing facilities that dispense fuel exclusively to rental cars
or corporate or commercial fleets may submit to the Department, in
writing, a request for an exemption to the requirements of this Subsection.
Exemption requests must demonstrate that at least 95% of the vehicles
fueled at the facility are and will continue to be equipped with an onboard
refueling vapor recovery (ORVR) system.
Any facility that is granted an exemption by the Department pursuant to
this Subsection shall be required to comply with the recordkeeping and
reporting requirements specified in Subsections 11.10.3.1 and 11.10.3.10
and the Stage I requirements in Subsection 11.5.2 and to certify to the
Department, upon request, that at least 95% of the vehicles fueled at the
facility continue to be equipped with ORVR.
(g)
Any gasoline dispensing facility that begins operation on or after June 14,
2012, the effective date of RIGL§23-23-30, shall be exempt from the
Stage II vapor collection and control system requirements in Subsections
11.10.2.1 and 11.10.2.2. Such facilities shall be subject to the
recordkeeping and reporting requirements specified in Subsection
11.10.3.10
(h)
Any gasoline dispensing facility that begins operation on or after
December 25, 2013 shall not install a Stage II vapor collection and control
system. Such facilities shall be subject to the recordkeeping and reporting
requirements specified in Subsection 11.10.3.10. As specified in
subsection 11.5.2.6(c), operation of a CARB-certified EVR Stage I vapor
control system or a Stage I vapor control system composed of EVR
components is required at such facilities upon startup.
(i)
Upon Department verification and approval, on and after June 14, 2012,
the effective date of RIGL§23-23-30, a gasoline dispensing facility may
remove its Stage II vapor collection and control system from operation if
excavation of one or more underground gasoline storage tanks at the
facility is required in order to install or repair a below-ground component
of the stage II vapor collection and control system or if the facility
replaces fifty percent (50%) or more of its gasoline dispensers. On and
after December 25, 2013, compliance with the decommissioning
specifications in Subsection 11.10.5, the recordkeeping and reporting
requirements in Subsection 11.10.3.10 and the Stage I requirements in
Section 11.5.2.6 and 11.5.2.7 shall constitute such department verification
Page 26 of 38
and approval.
(j)
On and after December 25, 2013, any gasoline dispensing facility may
remove its Stage II vapor collection and control system from operation,
provided that the Stage II system is decommissioned according to the
specifications in Subsection 11.10.5. Gasoline dispensing facilities that
have decommissioned their Stage II systems shall be subject to the
recordkeeping and reporting requirements in Subsection 11.10.3.10 and
the Stage I requirements in Section 11.5.2.6 and 11.5.2.7. Any gasoline
dispensing facility equipped with a Stage II vapor collection and control
system must continue to operate the Stage II system according to the
specifications in Subsections 11.10.2, 11.10.3 and 11.10.4 until that
system is decommissioned according to the specifications in Section
11.10.5.
11.10.2
Prohibitions and Requirements
11.10.2.1
Any person who owns, leases, operates, or controls a gasoline
dispensing facility, except those facilities meeting the
specifications of Subsection 11.10.1(c), 11.10.1(g) or 11.10.1(h),
those facilities that meet the exemption criteria specified in
Subsection 11.10.1(i) or 11.10.1(j), and those facilities that are
granted an exemption by the Department pursuant to the provisions
of Subsection 11.10.1(e), shall, according to the schedule provided
in Subsection 11.10.4:
(a)
Install, at each gasoline dispensing pump, a Stage II vapor
collection and control system that has been certified by the
California Air Resources Board (CARB) as having a
minimum control efficiency of 95 percent by weight and
make any modifications to the facility necessary to
properly operate the system. All hoses in the system shall
be coaxial. The system may include aftermarket parts,
provided that those parts have been certified by CARB.
(b)
All Stage II systems installed after 7 February 2001 must
be certified according to CARB Vapor Recovery
Certification Procedure CP-201, for underground storage
tanks, or CP-205, for aboveground storage tanks, as
adopted 12 April 1996, or by applicable certification
procedures adopted by CARB subsequent to that date.
(c)
All Stage II vapor and vent piping shall be made of a
Page 27 of 38
nonmetallic rigid type material unless the CARB
certification for that Stage II system specifies that another
type of piping may be used.
(d)
Install pressure-vacuum (PV) vent valves on all Stage II
systems. PV valve relief settings must be 3, plus or minus
0.5, inches of water column pressure and 8, plus or minus
2, inches water column vacuum, unless otherwise specified
in the applicable CARB certification.
(e)
Ensure that, prior to the initial operation of the Stage II
vapor collection and control system, at least one facility
representative has attended a Stage II training session
applicable to the Stage II system in place at that facility
which has been approved by the Director and by EPA. At
all times, at least one person who has attended a Stage II
training session applicable to the Stage II system in
operation at the facility must be employed at the facility.
(f)
Conspicuously post operating instructions for dispensing
gasoline using the vapor collection and control system on
the front of each gasoline dispensing pump. Such
instructions must include a warning not to attempt
continued refueling after initial automatic shutoff.
Instructions shall also include the telephone number of the
Department and a request that inoperative control devices
be reported.
(g)
Maintain the Stage II vapor collection and control system
in proper operating condition as specified by the
manufacturer and free of defects that would impair the
effectiveness of the system, as defined by the state
inspection criteria.
(h)
Visually inspect all aboveground parts of the Stage II vapor
collection and control system once a week. Such an
inspection must, at a minimum, include checking for:
missing components; slits and tears in nozzle boots; face
cone defects; flattened, kinked or torn hoses; and faceplate
defects which hinder contact with the fill inlet area.
(i)
Remove from service any dispenser if:
(1)
Any part of the Stage II vapor collection and control
Page 28 of 38
system associated with that dispenser fails a
compliance test conducted by or ordered by the
Department or is found to be defective during a
Department inspection, or
(2)
Any part of the Stage II vapor collection and control
system associated with that dispenser is not
operating properly, or
(3)
Any part of the Stage II vapor collection and control
system associated with that dispenser is found to be
defective during a visual inspection performed in
accordance with Subsection 11.10.2.1(h).
If the defect is in a single hose or nozzle on a multiproduct
dispenser, only the nozzle associated with the defect must
be removed from service.
Any dispenser removed from service on the basis of test
results shall be kept out of service until it has been
demonstrated by retesting that the dispenser is in
compliance. Any dispenser removed from service in
accordance with any other provision of this subsection shall
be kept out of service until all defective or missing parts of
the Stage II vapor collection and control system associated
with the dispenser have been repaired or replaced.
11.10.2.2
Except as provided in Subsection 11.10.1, no person, owner,
operator, or employee of a gasoline dispensing facility shall
dispense or allow the dispensing of gasoline from a stationary
storage vessel into any motor vehicle fuel tank unless that gasoline
dispenser is equipped with a properly operating Stage II vapor
collection and control system certified by the California Air
Resources Board and that system has been determined to be
installed correctly according to the tests specified in Subsection
11.10.3.3. Stage II systems that were certified according to a
CARB certification procedure adopted after 12 April 1996 must be
operated in accordance with the provisions of the applicable
certification, including Enhanced Vapor Recovery provisions, if
applicable.
11.10.2.3
Except as specified in Subsection 11.10.2.4 and 11.10.2.5, Stage II
vapor collection and control systems at all gasoline dispensing
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facilities must be decommissioned according to the procedures
specified in Subsection 11.10.5 by December 22, 2017.
11.10.2.4
The owner or operator of a gasoline dispensing facility that is
equipped with a Stage II vapor balance system or with a Stage II
vacuum assist system that is compatible with onboard refueling
vapor recovery (ORVR) systems may apply for an exemption to
the Stage II system removal requirement in Subsection 11.10.2.3.
Such application must be received by the Department by October
22, 2017 and shall include the name of the owner/operator of the
facility, the number of tanks and dispensers at the facility, and the
type of Stage II system in place at the facility. If the exemption is
granted, the gasoline dispensing facility must continue to operate
the Stage II system according to the specifications in Subsections
11.10.2, 11.10.3 and 11.10.4 until that system is decommissioned
according to the specifications in Section 11.10.5.
11.10.2.5
The owner or operator of a gasoline dispensing facility that is
equipped with a Stage II vapor collection and control system that
is incompatible with ORVR systems may apply for an exemption
to the Stage II system removal requirement in Subsection 11.10.2.3
if underground storage tank vent pipe emissions at that facility will
be controlled by an air pollution control system on and after
December 22, 2017. Such application must be received by the
Department by August 22, 2017 and shall include: the name of the
owner/operator of the facility, the number of tanks and dispensers
at the facility, the type of Stage II system in place at the facility, a
description of the proposed air pollution control system, and a
demonstration that operation of the proposed air pollution control
system will eliminate increased emissions caused by ORVR- Stage
II incompatibility. If the exemption is granted, the gasoline
dispensing facility must operate the Stage II system according to
the specifications in Subsections 11.10.2, 11.10.3 and 11.10.4 and
must operate the air pollution control system according to the
conditions specified in the exemption approval until the Stage II
system is decommissioned according to the specifications in
Section 11.10.5.
11.10.3
Testing, Recordkeeping and Reporting Requirements
11.10.3.1
On or before 15 November 1992 and when requested by the
Department, the owner or operator of any gasoline dispensing
facility shall report the following information to the Department in
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writing:
(a)
Name and address of the facility,
(b)
Name and address of owner or operator or other
responsible individual,
(c)
Number of nozzles used to dispense gasoline at the facility,
and
(d)
Monthly throughput for each of the previous 12 months.
11.10.3.2
At least thirty (30) days prior to the installation of a Stage II
system, the person who owns, operates, leases, or controls the
gasoline dispensing facility shall notify the Department in writing
of the expected date of initiation of installation of the underground
piping and of the type and manufacturer of the Stage II equipment.
Such notification shall not be deemed to be an approval by the
Department of the equipment being installed, or as compliance
with the requirements of this section.
11.10.3.3
The following tests must be conducted on any Stage II vapor
collection and control system prior to initial operation of the
system:
(a)
A Leak Test;
(b)
A Liquid Blockage Test, which must be performed on
every nozzle on the Stage II system;
(c)
A Vapor Space Tie Test;
(d)
A Ten Gallon per Minute Test;
(e)
A Pressure Vacuum Vent Cap Test:
(f)
For vacuum assist Stage II systems, an Air to Liquid Ratio
(A/L) Test, which must be performed on every nozzle on
the Stage II system. If more than one product is dispensed
through a single nozzle, A/L testing must be performed on
that nozzle for each product dispensed; and
(g)
All additional tests specified in the CARB certification
applicable to that Stage II system
Page 31 of 38
11.10.3.4
The function of all Stage II vapor collection and control systems
shall be retested prior to operation of the system after any major
system modification. Testing shall include all tests listed in
Subsection 11.10.3.3. A major system modification is considered
to be the occurrence of any one of the following:
(a)
A modification which would cause the facility to be a
substantially modified gasoline dispensing facility, as
defined in Subsection 11.1.21 of this regulation,
(b)
The repair or replacement of any part of an underground
piping system attached to a stationary storage tank
equipped with a Stage II system, excluding repairs which
occur without excavation, or
(c)
The change from one certified Stage II system
configuration to another.
11.10.3.5
The function of all Stage II vapor collection and control systems
shall be retested periodically according to the following schedule:
(a)
A Leak test, a Vapor Space Tie Test, a Pressure Vacuum
Vent Cap Test and a Ten Gallon per Minute Test shall be
performed annually;
(b)
A Liquid Blockage Test shall be performed once every
three years on every nozzle on the Stage II system;
(c)
An Air to Liquid Ratio Test shall be performed annually on
all vacuum assist systems; and
(d)
All other tests required in the CARB certification
applicable to that Stage II system shall be performed
according to the frequency specified in that certification.
11.10.3.6
The Department may require a retest of the system any time that an
inspection indicates that the vapor collection and control system
may not be functioning properly.
11.10.3.7
The owner or operator of a facility shall notify the Department of
the date that testing will be conducted at least seven (7) days in
advance of testing and shall certify to the Department in writing
within 15 days of the test that testing has been completed. Such
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certification shall be signed by the owner or operator of the facility
and shall include the date of installation of the Stage II vapor
collection and control system and the results of the tests required
in this section. Test results shall be signed and certified as
accurate by the person who conducted the tests.
11.10.3.8
Leak, Liquid Blockage, and Vapor Space Tie Tests performed
pursuant to the requirements of this section shall use the
methodology specified in EPA's Technical Guidance - Stage II
Vapor Recovery Systems for Control of Vehicle Refueling of
Gasoline Dispensing Facilities, Volumes I and II, November 1991.
Ten Gallon Per Minute Tests, Air to Liquid Ratio Tests, Pressure
Vacuum Vent Cap Tests and any additional tests required by the
applicable CARB certification shall be performed using the current
CARB methodology for those tests, unless otherwise specified by
the Director.
11.10.3.9
The following records shall be maintained for a period of five
years (unless otherwise noted) and shall be made available for
inspection by representatives of the Department or the EPA on
request:
(a)
Dates and results of weekly visual inspections as required
in Subsection 11.10.2.1(e),
(b)
Date that any gasoline dispenser is removed from operation
in compliance with the requirements specified in
Subsection 11.10.2.1(f) and date that dispenser is returned
to service,
(c)
Identification of parts of the Stage II vapor collection and
control system that are repaired or replaced, and dates of
such replacements,
(d)
Identification of any tests performed and the dates and
results of such tests, and
(e)
Proof of attendance and completion of training, as specified
in Subsection 11.10.2.1 (b) for each employee who has
received Stage II training. Such documentation shall be
maintained as long as the employee continues to be
employed by the facility.
Records maintained pursuant to Subsections 11.10.3.8 (a), (b) and
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(c) for the two most current years shall be kept at the facility. All
other records specified in this subsection shall be kept either at the
facility or at a centralized location approved by the Department.
11.10.3.10
Any facility exempted from this section according to the
provisions of Subsection 11.10.1 or Subsection 11.10.1(e), (f), (g)
or (h) shall maintain records at the facility documenting monthly
throughput of gasoline at the facility and shall make those records
available for inspection by representatives of the Department or
the EPA on request. Documentation shall include dates and
quantities of gasoline delivered and monthly records of the
quantity of gasoline dispensed. All records shall be maintained for
a period of five (5) years.
11.10.4
Compliance Schedule
11.10.4.1
All gasoline dispensing facilities subject to this section, as
identified in Subsection 11.10.1, must comply with the provisions
of Subsection 11.10.2 according to the following schedule:
(a)
All gasoline dispensing facilities constructed or
substantially modified on or after 15 November 1992 shall
comply before commencing operation.
(b)
All gasoline dispensing facilities constructed or
substantially modified after 15 November 1990 but before
15 November 1992 shall comply by 15 May 1993.
(c)
All gasoline dispensing facilities not enumerated in (a) or
(b) above which had a throughput of gasoline of 100,000
gallons or more in any month after November 1991 shall
comply by 15 November 1993.
(d)
All gasoline dispensing facilities not enumerated in (a), (b),
or (c) above which had a throughput of gasoline of 50,000
gallons or more in any month after November 1991 shall
comply by 15 May 1994.
(e)
All other gasoline dispensing facilities subject to this
section shall comply by 15 November 1994.
(f) Any gasoline dispensing facility which is initially exempt from
this section because the monthly gasoline throughput at that
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facility did not exceed 10,000 gallons in any month between
November 1991 and 15 November 1992 which subsequently
has a throughput in excess of 10,000 gallons in any month
must comply with the provisions of this section within 6
months of exceeding the 10,000 gallon threshold or by 15
November 1994, whichever is later.
11.10.5
Stage II Decommissioning Requirements
11.10.5.1
The owner or operator of a gasoline dispensing facility shall notify
the Department of the date that decommissioning of the Stage II
vapor collection and control system at that facility will occur at
least seven (7) days in advance of beginning the decommissioning
process. The notification must include the following information:
(a)
Name and address of the facility,
(b)
Name and address of owner or operator or other
responsible individual,
(c)
Date that decommissioning will begin,
(d)
Whether the tank top will be accessible during
decommissioning,
(e)
A certification that decommissioning will be conducted
according to the procedures specified in Subsection
11.10.5.2.
11.10.5.2
Decommissioning of Stage II vapor collection and control systems
shall be conducted according to the decommissioning procedures
specified in Section 14 of the Petroleum Equipment Institute (PEI)
“Recommended Practices for Installation and Testing of Vapor-
Recovery Systems at vehicle Fueling Sites” (PEI/RP300-09).
Those practices address the following activities:
(a)
Safety procedures (14.6.1 of the PEI document),
(b)
Relief of pressure in the tank ullage (14.6.2),
(c)
Draining liquid collection points (14.6.3),
(d)
For vacuum-assist Stage II systems, electrical and
mechanical disconnection of vapor pumping and
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processing units, disconnection of all electrical
components, and reprogramming of the dispenser
electronics (14.6.4 and 14.6.5)
(e)
Isolating below-grade vapor piping at the base of the
dispenser (14.6.6)
(f)
Disconnecting vapor piping at the tank top (14.6.7)
(g)
Sealing the dispenser cabinet vapor piping (14.6.8)
(h)
Replacing hanging hardware (14.6.9)
(i)
Replacing pressure/vacuum vent valves (14.6.10)
(j)
Removing Stage II operating instructions from the
dispensers (14.6.11)
(k)
Testing procedures (14.6.12)
(l)
Final Visual Check (14.6.13) and
(m)
Documentation (14.6.14)
11.10.5.3
If excavation would be required to access the vapor piping
connection at the tank top, disconnecting and capping the vapor
piping at the tank top is not required at the time that the Stage II
system is decommissioned. However, the vapor recovery piping
must be disconnected and capped at the tank top the first time that
the vapor piping-tank top connection is exposed for any reason.
Vapor piping must be disconnected and capped when the Stage II
system is decommissioned if the connection between the vapor
piping and the tank top is accessible without excavation.
11,10.5.4
The following tests must be conducted and passed before the
gasoline dispensing facility is returned to operation after
decommissioning the Stage II system:
(a)
A Pressure Decay 2-inch Test, using CARB test procedure
TP-201.3;
(b)
A Vapor Tie Test, using the San Diego Air Pollution
Control District test procedure TP-96-1, section 5.1.9;
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(c)
A Pressure/Vacuum Vent Valve Test, using CARB test
procedure TP-201.1E;
(d)
For facilities with EVR rotatable product adaptors and
vapor adaptors, a Static Torque Rotatable Adaptor Test,
using CARB test procedure 201.1B; and
(e)
For facilities equipped with a EVR Stage I vapor control
system, either a Leak Rate or Drop Tube/Drain Valve
Assembly Test, using CARB test procedure 201.1C, or a
Leak Rate of Drop Tube/Overfill Prevention Devices Test,
using CARB test procedure 201.1D.
11.10.5.5
The owner or operator of a gasoline dispensing facility shall certify
to the Department in writing within 30 days of decommissioning a
Stage II system that decommissioning has been completed. Such
certification shall include the date of decommissioning, a statement
signed by the owner or operator of the facility that
decommissioning was conducted according to the PEI
specifications sited in subsection 11.10.5.2, and the date and
results of the tests specified in subsection 11.10.5.4. Test results
shall be signed and certified as accurate by the person who
conducted the tests.
11.11 General Provisions
11.11.1
Purpose
The purpose of this regulation is to regulate the storage and marketing of
petroleum liquids to minimize emissions of volatile organic compounds.
11.11.2
Authority
These regulations are authorized pursuant to R.I. Gen. Laws § 42-17.1-
2(s) and 23-23, as amended, and have been promulgated pursuant to the
procedures set forth in the R.I. Administrative Procedures Act, R.I. Gen.
Laws Chapter 42-35
11.11.3
Application
The terms and provisions of this regulation shall be liberally construed to
permit the Department to effectuate the purposes of state law, goals and
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policies.
11.11.4
Severability
If any provision of this regulation or the application thereof to any person
or circumstance, is held invalid by a court of competent jurisdiction, the
validity of the remainder of the regulation shall not be affected thereby.
11.11.5
Effective Date
The foregoing regulation, "Petroleum Liquids Marketing and Storage”, as
amended, after due notice, is hereby adopted and filed with the Secretary
of State this 5th day of December 2013 to become effective twenty (20)
days thereafter, in accordance with the provisions of Chapters 23-23, 42-
35, 42-17.1, 42-17.6, of the General Laws of Rhode Island of 1956, as
amended.
Janet Coit, Director
Department of Environmental Management
Notice Given on:
September 30, 2013
Public Hearing held:
October 30, 2013
Filing Date:
December 5, 2013
Effective Date:
December 25, 2013