(2) Definitions.
(A) Agricultural equipment-Any equipment used
exclusively for agricultural purposes on land owned or leased for the
production of farm products
(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 hydro- carbons 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) 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.
(H) Gasoline-A petroleum liquid having a Reid
vapor pressure four pounds (4 lbs) per square inch or greater.
(I) 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.
(J) 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.
(K)
Lower explosive limit (LEL)-The lower limit of flammability of a gas or vapor
at ordinary ambient temperatures expressed in per- cent of the gas or vapor in
air by volume.
(L) 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.
(M) Onboard refueling
vapor recovery (ORVR)-A system on motor vehicles designed to recover
hydrocarbon vapors that escape during refueling.
(N) Petroleum liquid-Petroleum, condensate,
and any finished or intermediate products manufactured in a petroleum refinery
with the exception of Numbers 2-6 fuel oils as specified in ASTM D 396-17a, as
specified in
10 CSR
10-6.040(12), gas turbine fuel oils
Number 2-GT-4-GT, as specified in ASTM D 2880-15, as specified in
10 CSR
10-6.040(20), and diesel fuel oils
Number 2-D and 4-D, as specified in ASTM D 975-18, as specified in 10 CSR
10-
6.040(14).
(O) Staff
director-Director of the Air Pollution Control Program of the Department of
Natural Resources, or a designated representative.
(P) 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
(Q) Stage II vapor recovery system-A system
used to capture the gasoline vapors that would otherwise be emitted when
gasoline is dispensed from a storage tank to the fuel tank of a motor vehicle.
Stage II vapor recovery includes both Stage I and Stage II Vapor Recovery
equipment and requirements, unless otherwise stated.
(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) Submerged filling-The filling of a
gasoline storage tank through a submerged fill pipe with a discharge no more
than six inches (6") (no more than twelve inches (12") for submerged fill pipes
installed on or before November 9, 2006) from the bottom of the tank. Bottom
filling of gasoline storage tanks is included in this definition.
(T) 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 and incorporated by reference in this rule. Copies can be
obtained from API Publishing Services, 1220 L Street, NW, Washington, DC 20005.
This rule does not incorporate any subsequent amendments or
additions.
(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) Vapor recovery
system modification-Any repair, replacement, alteration, or upgrading of Stage
I or Stage II vapor recovery control equipment or gasoline dispensing equipment
equipped with Stage II vapor recovery beyond normal maintenance of the system
as permitted by the staff director.
(W) Vapor tight-When applied to a delivery
vessel or vapor recovery system as one that sustains a pressure change of no
more than seven hundred fifty (750) pascals (three inches (3") of water) in
five (5) minutes when pressurized to a gauge pressure of four thou- sand five
hundred (4,500) pascals (eighteen inches (18") of water) or evacuated to a
gauge pressure of one thousand five hundred (1,500) pascals (six inches (6") of
water).
(X) Waxy, heavy pour crude
oil-A crude oil with a pour point of fifty degrees Fahrenheit (50 °F) or
higher as determined by the ASTM D 97-17b, as specified in
10 CSR
10-6.040(10).
(Y) Definitions of certain terms specified in
this rule, other than those defined in this rule section, may be found in 10
CSR
10- 6.020.
(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 five-tenths (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 must be 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
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 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 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, must
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 must be closed
at all times except when the roof is floated off or landed on the roof leg
supports;
(V) Rim vents must 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 must be provided
with 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 has to
consist of an absorber system, condensation system, membrane system 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 that may be 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. Reporting and record
keeping shall be per subsection (4)(A) of this rule.
(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 gasoline distribution facility unless
the gasoline 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. Gasoline 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 absorber system, condensation system,
membrane system, 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.
Reporting and record keeping shall be per subsection (4)(B) of this
rule.
(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 and less than or equal to one
thousand (1,000) gallons unless-
A. The
gasoline 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 gasoline storage tank caps and
fittings are vapor-tight when gasoline transfer is not taking place;
and
C. Each gasoline storage tank
is vented via a conduit that is-
(I) At least
two inches (2") inside diameter; and
(II) At least twelve feet (12') in height
above grade; and
(III) Equipped
with a pressure/vacuum valve that is certified by the California Air Resources
Board (CARB) or equivalent as approved by the staff director. The pressure
specifications for pressure/vacuum valves shall be a positive pressure setting
of 2.5 to 6.0 inches of water and a negative pressure setting of 6.0 to 10.0
inches of water.
2. 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 one
thousand (1,000) and less than forty thousand (40,000) gallons unless-
A. The gasoline storage tank is equipped with
a Stage I vapor recovery system that is certified by a CARB Executive Order as
having a collection efficiency of at least ninety-eight percent
(98%);
B. The delivery vessel to
these tanks is in compliance with subsection (3)(D) of this rule;
C. All vapor ports are poppeted
fittings;
D. The delivery vessel is
reloaded at installations complying with the provisions of subsection (3)(B) of
this rule;
E. The vapor recovery
system employs one (1) vapor line per product line during the transfer. The
staff director may approve other delivery systems submitted to the department
with test data demonstrating compliance with subparagraph (3)(C)2.A. of this
rule;
F. All vapor hoses are at
least three inches (3") inside diameter;
G. All product hoses are less than or equal
to four inches (4") inside diameter;
H. Any component of the vapor recovery system
that is not preventing vapor emissions as designed is repaired;
I. A department approved pressure decay test
is completed and passed every three (3) years. The department must be notified
at least seven (7) days prior to the test date to allow an observer the
opportunity to be present. The test results shall be provided to the department
within fourteen (14) days of the test event; and
J. A department approved pressure/vacuum
valve test is completed and passed every three (3) years. The department must
be notified at least seven (7) days prior to the test date to allow an observer
the opportunity to be present. The test results shall be provided to the
department within fourteen (14) days of the test event.
3. The staff director may approve a vapor
recovery system or component that deviates from the requirements of
subparagraph (3)(C)2.A. of this rule when provided documentation that-
A. The system or component has a collection
efficiency of at least ninety-eight percent (98%); or
B. Compliance with the requirements of
subparagraph (3)(C)2.A. of this rule would lead to noncompliance with other
state or federal regulations or to improper functioning of the gasoline storage
tank system.
4.
Aboveground gasoline storage tanks at GDFs shall not have a capacity greater
than one thousand (1,000) gallons.
5. This subsection does not prohibit safety
valves or other devices required by government regulations.
(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 subsection (3)(B) or (3)(C) of this
rule unless-
A. Cargo tank tightness is
conducted annually;
B. The owner or
operator obtains the completed test results signed by a representative of the
testing installation upon successful completion of the leak test;
C. A copy of the vessel's current test
results are kept with the delivery vessel at all times and made immediately
available to the staff director upon request; and
D. The delivery vessel is repaired by the
owner or operator and retested within fifteen (15) business days of testing if
it does not meet the leak test criteria of subparagraph (3)(D)1.A. of this
rule.
2. This subsection
does not prohibit safety valves or other devices required by government
regulations.
(E) Fueling
of Motor Vehicles at GDFs.
1. GDFs not
equipped with a Stage II vapor recovery system. Owners or operators shall-
A. Employ vapor-tight tank gauging and
sampling sites or ports, valves, breakaways, joints, and disconnects on the
vapor recovery systems to prevent emissions of volatile organic compounds
except during gauging or sampling; and
B. Ensure that motor vehicle refueling meets
the requirements of
40 CFR
80.22(j) promulgated as of
June 30, 2018, and hereby incorporated by reference in this rule, as published
by the Office of Federal Register. Copies can be obtained from the U.S.
Publishing Office Bookstore, 710 N. Capitol Street N W, Washington, DC 20401.
This rule does not incorporate any subsequent amendments or
additions.
2. After
December 31, 2015, no owner or operator of a GDF may install or operate a Stage
II vapor recovery system.
(F) Requirements for vapor recovery systems
associated with new GDF installations, complete vapor recovery system
replacements associated with existing GDFs, partial vapor recovery system
modifications associated with existing GDFs, and installation of GDFs with
Stage I experimental technology.
1. Any owner
or operator subject to paragraph (3)(C)2. installing a new GDF or modifying an
existing GDF that requires a complete replacement of the Stage I vapor recovery
system of one (1) or more underground storage tank shall-
A. Notify the department using an approved
form at least fourteen (14) days before installation. The notification shall
include complete diagrams, a thorough description of the planned installation,
a detailed description of the storage tank(s), plumbing diagrams including vent
lines, and a schedule of construction. The notification shall also include a
list of CARB approved ninety-eight percent (98%) efficient equipment and/or
reference department approval for the proposed Stage I vapor recovery system.
The notice is valid for one hundred eighty (180) days from receipt by the
department; and
B. Conduct and pass
a department approved pressure decay test and a department approved
pressure/vacuum valve test within thirty (30) days of construction completion.
The department must be notified at least seven (7) days prior to the test date
to allow an observer the opportunity to be present. The test results have to be
provided to the department within fourteen (14) days of the test
event.
2. Any owner or
operator of an existing GDF that requires a partial modification to a Stage I
vapor recovery system subject to paragraph (3)(C)2. shall notify the department
using an approved form before making the partial modification. The notification
shall include a description of the planned partial modification. The
notification shall also include a list of CARB approved ninety-eight percent
(98%) efficient equipment and/or reference department approval for the proposed
Stage I vapor recovery system. The notice is valid for one hundred eighty (180)
days from receipt by the department
3. Experimental Stage I technology. The staff
director may approve Stage I experimental technology for a specific GDF.
Experimental technology may be approved for up to three (3) years for a limited
number of GDFs under specific conditions determined by the staff director. GDFs
applying for approval of experimental technology shall-
A. Submit an application for staff director
approval at least ninety (90) days prior to beginning construction. The
application shall include, but not be limited to:
(I) Complete diagrams and a thorough
description of the planned installation;
(II) Plumbing diagrams including vent lines
and material of all underground and aboveground plumbing; and
(III) Standards, test data, history, and
related information for the proposed system;
B. Submit to the staff director a detailed
plan for the construction and operation of the system. The plan shall include a
description of the planned testing and record keeping for the GDF. The staff
director may issue the construction permit when all conditions of the testing
GDF are deemed satisfactory;
C.
Display the construction permit in a prominent location during
construction;
D. Install monitoring
equipment to prove that the vapor recovery system is leaktight if requested by
the staff director; and
E. Upon
completion of testing, obtain and maintain on-site, in a prominent location, a
current operating permit from the staff director for the specific innovative
technology that is in operation. The permit shall specify the technology, the
location, and the time period the technology will be tested.
4. Emergency Repairs.
A. Owners or operators of GDFs requiring
emergency repair or replacement of Stage I vapor recovery system components
subject to subsection (3)(C)2. may immediately begin corrective construction if
the construction is in response to an accident or event that-
(I) Creates an abnormally high threat of
fire;
(II) Poses an environmental
hazard by allowing release of liquid product onto the ground or abnormal
release of vapor into the air; and/or
(III) Threatens public safety; and
B. Owners or operators of GDFs
electing to make emergency repair or replacement per subparagraph (3)(F)4.A. of
this rule have to contact the department within forty-eight (48) hours of the
commencement of the repair or replacement to determine what future action is
required for compliance with this rule.
5. Upon the department's discovery of an
installation that is not in compliance with the requirements of subsection
(3)(F) of this rule, the department's authorized representative may restrict
the owner and operator from completing the vapor recovery system installation
until the department approves the installation.
(G) 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 point five (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 operations; and
2. Repair and retest within fifteen (15)
days, a vapor recovery system that exceeds the limits in paragraph (3)(G)1. of
this rule.
(H)
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
H2O) 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 point five (2.5) centimeters from all points on the perimeter of a
potential leak source when measured by the method referenced in
10 CSR
10-6.030(14)(E) during loading or
transfer operations; and
C. Visible
liquid leaks during loading or transfer operations; and
2. Repair and retest within fifteen (15)
days, a vapor recovery system that exceeds the limits in paragraph (3)(J)1. of
this rule; and
3. Reporting and
record keeping shall be per subsection (4)(F) of this rule.
(4) Reporting and
Record Keeping.
(A) Owners and operators of
petroleum storage tanks subject to subsection (3)(A) of this rule 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. Records shall be
kept for two (2) years and made available to the staff director within five (5)
business days of a request.
(B)
Owners or operators of gasoline distribution facilities subject to subsection
(3)(B) of this rule shall keep complete records documenting the number of
delivery vessels loaded and their owners. Records have to be kept for two (2)
years and made available to the staff director within five (5) business days of
a request.
(C) Owner/Operator
Compliance. The owner or operator of a vapor recovery system subject to
subsection (3)(C), (3)(E), or (3)(G) of this rule shall maintain records of
department permits, 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.
(D)
Owner/Operator Compliance. The owner or operator of a vapor recovery system
subject to subsection (3)(J) of this rule shall maintain records of department
permits, inspection reports, enforcement documents, training certifications,
gasoline deliveries, routine and unscheduled maintenance and 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.
(5) Test Methods.
(A) Gasoline Loading. Gasoline loading
testing procedures to determine compliance with subparagraph (3)(B)2.A. of this
rule shall be according to 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. The staff director, at any time, may monitor
an installation subject to subsection (3)(B) of this rule to confirm compliance
with this rule.
(B) 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 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 N W,
Washington DC 20401. This rule does not incorporate any subsequent amendments
or additions. The staff director, at any time, may monitor a gasoline delivery
vessel subject to subsection (3)(D) of this rule to confirm compliance with
this rule.
(C) Fueling of Motor
Vehicles and Gasoline Transfer at GDFs. The staff director, at any time, may
monitor a GDF subject to subsection (3)(C) or (3)(E) of this rule to confirm
compliance with this rule.
(D) All
emission controls that are approved by the staff director will not be
considered federally enforceable and will not shield a source from the
obligation to comply with the underlying federal emission controls until
submitted to E PA and approved by EPA in the state implementation
plan.
(E) An annual staff
director-approved back pressure blockage test and/or air-to-liquid test may be
required. Additional testing may also be required by the staff director in
order to determine proper functioning of vapor recovery equipment.
(F) All emission controls that are approved
by the director will not be considered federally enforceable, and will not
shield a source from the federal obligation to comply with the underlying
emission controls, by the EPA until submitted to EPA and approved by EPA in the
state implementation plan.