Tenn. Comp. R. & Regs. 1200-03-18-.24 - GASOLINE DISPENSING FACILITIES

(1) The provisions of 40 CFR 63 Subpart CCCCCC (National Emission Standards for Hazardous Air Pollutants for Source Category: Gasoline Dispensing Facilities) are hereby adopted by reference as published in the July 1, 2014 edition of the Code of Federal Regulations (CFR), except as provided in subparagraphs (a) through (d) of this paragraph.

(a) Any reference contained in 40 CFR 63 Subpart CCCCCC to the:

1. Administrator shall instead be a reference to the Technical Secretary;

2. Applicable EPA regional office for the State of Tennessee shall instead be a reference to the EPA Region IV office; and

3. Delegated State authority shall instead be a reference to the Technical Secretary.

(b) If your gasoline dispensing facility (GDF) has a monthly throughput of less than 10,000 gallons of gasoline, and is located in Anderson, Blount, Carter, Cheatham, Davidson, Dickson, Fayette, Hamilton, Hawkins, Haywood, Jefferson, Knox, Loudon, Marion, Meigs, Montgomery, Putnam, Robertson, Rutherford, Sevier, Shelby, Sullivan, Sumner, Tipton, Unicoi, Union, Washington, Williamson, or Wilson Counties, you must also comply with the requirements in 40 CFR § 63.11117(b) and (c) .

(c) If your GDF has a monthly throughput of 10,000 gallons of gasoline or more and is located in Anderson, Blount, Carter, Cheatham, Davidson, Dickson, Fayette, Hamilton, Hawkins, Haywood, Jefferson, Knox, Loudon, Marion, Meigs, Montgomery, Putnam, Robertson, Rutherford, Sevier, Shelby, Sullivan, Sumner, Tipton, Unicoi, Union, Washington, Williamson, or Wilson Counties, you must comply with the requirements in 40 CFR § 63.11118.

(d) For any GDF otherwise exempt from subparagraph (c) of this paragraph based on monthly throughput, if the GDF ever exceeds the applicability threshold specified in subparagraph (c) of this paragraph, it shall be subject to the requirements of subparagraph (c) of this paragraph and shall remain subject to those requirements even if its throughput later falls below the threshold. The owner or operator shall inform the Technical Secretary within 30 days following the exceedance.

(e) The owner or operator of any GDF in Davidson, Rutherford, Shelby, Sumner, Knox, Blount, Anderson, Williamson, or Wilson County which has actual emissions from stationary sources of 25 tons or more of volatile organic compounds (VOC) during a calendar year shall report to their permitting authority in accordance with paragraph (8) of Rule 1200-03-18-.02.

(2) Stage II vapor recovery requirements for GDF in Davidson, Rutherford, Sumner, Williamson, and Wilson counties.

(a) This paragraph applies only to GDF located in Davidson, Rutherford, Sumner, Williamson, and Wilson counties.

(b) Any GDF with an existing Stage II vapor recovery system shall decommission and remove the system no later than July 14, 2019, and no GDF shall install a Stage II vapor recovery system on or after such date.

(c) On and after July 14, 2016, no GDF shall be required to install a Stage II vapor recovery system and a GDF may decommission and remove the GDF's existing Stage II vapor recovery system.

(d) Any GDF that decommissions and removes a Stage II vapor recovery system shall conduct the decommissioning and removal in accordance with Petroleum Equipment Institute (PEI) guidance, "Recommended Practices for Installation and Testing of Vapor Recovery Systems at Vehicle Fueling Sites, PEI/RP300-09" for removal, notification, and certification.

(e) Any GDF that has a Stage II vapor recovery system must comply with all applicable provisions of subparagraph (f) of this paragraph until the system is decommissioned and removed.

(f) Stage II vapor recovery.

1. Definitions.

(i) "Vacuum assist system" means the gasoline vapor recovery system that employs a vacuum generating device to effect transfer of gasoline vapor displaced in fueling a vehicle tank to a gasoline storage tank, vapor storage tank, or vapor processing unit.

(ii) "Motor vehicle" means any self-propelled vehicle used to carry people or property on a street or highway.

(iii) "Stage II vapor recovery system" means a system to recover gasoline vapors displaced during dispensing to motor vehicle fuel tanks.

(iv) "Storage tank or storage vessel" means any stationary tank, reservoir or container used for the storage of a volatile organic liquid.

(v) "Volatile organic liquid" means any substance which is liquid at storage conditions and which contains volatile organic compounds.

2. The owner or operator of each GDF subject to this subparagraph shall comply with the following requirements:

(i) The Stage II vapor recovery system must be approved by the Technical Secretary; certified by the California Air Resources Board; designed, installed, operated, and maintained to recover gasoline vapors displaced during dispensing to motor vehicle fuel tanks; and accessible for inspection and testing.

(ii) The Stage II vapor recovery system shall include for any dispenser and system the following:

(I) Vapor-tight coaxial hose to conduct vapors captured during dispensing, except on new vehicle fueling lines at motor vehicle assembly plants where vapor-tight dual hose on vacuum assist systems may be employed in lieu of vapor-tight coaxial hose;

(II) For balance systems:

I. Installation of piping between the dispenser and the vapor collection tank which precludes liquid blockage in the piping; and

II. No device which inhibits immediate testing for dynamic backpressure;

(III) For vacuum assist systems, sufficient vacuum to prevent escape of gasoline vapors during dispensing;

(IV) Vapor-tight piping, fittings, caps, couplers, and adapters; and

(V) Maintenance of vapor tightness throughout the vapor recovery system, except during facility storage tank loading, gauging, and sampling and during maintenance and testing necessitating disruption in the integrity of the system.

(iii) Use of any aftermarket or rebuilt parts is restricted to parts approved by the California Air Resources Board.

(iv) Gasoline shall not be dispensed from a dispensing unit served by or permitted to be served by a component which does not satisfy the following:

(I) Each component required for operation of the system is in place and, to the extent it can be confirmed by sensory inspection, is unimpaired and operational;

(II) Each nozzle boot is not torn in either of the following manners:

I. Triangular - shaped or similar tear 1/2 inch or more to a side, or hole 1/2 inch or more in length; or

II. Slit 1 inch or more in length.

(III) Each faceplate or flexible cone is not damaged in the following manner:

I. For balance nozzles and nozzles for aspirator and eductor assist type systems, damage such that the capability to achieve a seal with a fillpipe interface is diminished for an accumulated total of 1/4 of the circumference of the faceplate; or

II. For nozzles for vacuum assist systems, more than 1/4 of the flexible cone is missing;

(IV) Each nozzle shutoff mechanism is operational;

(V) Each vacuum producing unit is operational;

(VI) Each vapor processing unit is operational;

(VII) Each fitting, cap, coupler, and adapter is vapor-tight; and (VIII) Each pressure/vacuum relief valve, vapor check valve, and dry break is operational.

(v) The owner or operator shall conspicuously display fueling instructions and information in the gasoline dispensing area. These instructions and this information shall describe to customers clearly the proper procedure to be used for fueling vehicles from the dispenser. These instructions and this information shall include instruction about the proper method of reporting system defects first to facility management, and, then if defects are not corrected, to the Technical Secretary. The notice of the method of reporting to the Technical Secretary shall be displayed no earlier than 3 months after and no later than 6 months after the display of the other instructions and information listed above.

3. Test methods as follow apply:

(i) The test methods found in Appendix J, Technical Guidance - Stage II Vapor Recovery Systems for Control of Vehicle Refueling Emissions at Gasoline Dispensing Facilities, Volume II, EPA - 450/3-91-022b (November 1991), to determine compliance with applicable requirements specified in part (2)(f)2 of this rule; or

(ii) Other methods necessary for demonstration of compliance approved by the Technical Secretary and the EPA.

4. Notification requirements - Each owner or operator of any facility containing sources subject to this subparagraph shall provide the Technical Secretary written notice of any compliance demonstration testing. This notice shall be provided to the Technical Secretary such that the Technical Secretary is informed of the proposed testing at least 14 days before the proposed date of testing, thereby providing the Technical Secretary opportunity to observe the testing.

5. Recordkeeping requirements -- Each owner or operator of any facility containing sources subject to this subparagraph shall, except as provided otherwise in this chapter, maintain required permits and required logs of maintenance at the facility for which the permits are issued and the logs created for a minimum of 3 years. Such records shall be made available to the Technical Secretary upon request.

6. Excess Emissions Report - The owner or operator of any facility containing sources subject to this subparagraph shall comply with the requirements in paragraph (2) of Rule 1200-03-18-.04.

7. Compliance Demonstration Testing - The owner or operator of any facility containing sources subject to the provisions of this subparagraph shall:

(i) Within 30 days following the occurrence of an incident which could reasonably be expected to have adversely affected the performance of the system, such as excavation near system piping or following replacement of the system, perform applicable testing to demonstrate compliance is maintained; and

(ii) Within 5 years following any compliance demonstration for the complete system, demonstrate the system maintains compliance.

Notes

Tenn. Comp. R. & Regs. 1200-03-18-.24

Original rule filed March 8, 1993; effective April 22, 1993. Stay for rules 1200-03-18-.24(1)(d), 1200-03-18-.24(2), 1200-03-18-.24(3)(c), 1200-03-18-.24(4)(b), 1200-03-18-.24(6)(c), 1200-03-18-.24(d) and 1200-03-18-.24(7) filed April 16, 1993; effective June 21, 1993. Amendment filed April 16, 1993; effective June 21, 1993. Amendment filed May 30, 1996; effective August 10, 1996. Amendment filed December 23, 2003; effective March 7, 2004. Amendments filed October 15, 2004; effective December 29, 2004. Repeal and new rule filed February 14, 2006; effective April 30, 2006. Amendments filed April 15, 2016; effective July 14, 2016. Amendments filed June 2, 2017; effective 8/31/2017.

Authority: T.C.A. §§ 4-5-201 et seq., 4-5-202 et seq., 68-201-101 et seq., and 68-201-105.