PROPOSED RULES
CLEAN AIR AGENCY
Original Notice.
Exempt from preproposal statement of inquiry under RCW 70.94.141(1).
Title of Rule and Other Identifying Information: Amend Regulation II, Section 2.07 (Gasoline Dispensing Facilities).
Hearing Location(s): Puget Sound Clean Air Agency, 1904 3rd Avenue, Suite 105, Seattle, WA 98101, on September 27, 2007, at 9:15 a.m.
Date of Intended Adoption: September 27, 2007.
Submit Written Comments to: Lynn Sykes, Puget Sound Clean Air Agency, 1904 3rd Avenue, #105, Seattle, WA 98101, e-mail lynns@pscleanair.org, fax (206) 343-7522, by September 26, 2007.
Assistance for Persons with Disabilities: Contact agency receptionist, (206) 689-4010, by September 20, 2007, TTY (800) 833-6388 or (800) 833-6385 (Braille).
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To clarify that (1) equipment defects are evidence that equipment is not operated or maintained in accordance with requirements.
(2) A repair following a failed compliance test is not complete without a retest that demonstrates compliance.
To update Table 2(a), by replacing a specific list of nozzles with a more generic description so that it's not out of date as new equipment becomes available.
Table 3, by adding a footnote that equivalent test procedures are acceptable if they have been approved by the California Air Resources Board.
Reasons Supporting Proposal: To clarify the language, which will help prevent misunderstandings. To help eliminate a need for future rule making solely because the specific equipment described is out of date.
Statutory Authority for Adoption: Chapter 70.94 RCW.
Statute Being Implemented: RCW 70.94.141.
Rule is not necessitated by federal law, federal or state court decision.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: The state implementation plan will be updated to reflect these amendments.
Name of Proponent: Puget Sound Clean Air Agency, governmental.
Name of Agency Personnel Responsible for Drafting: Mario Pedroza, 1904 3rd Avenue, Suite 105, Seattle, WA 98101, (206) 689-4023; Implementation and Enforcement: Jim Nolan, 1904 3rd Avenue, Suite 105, Seattle, WA 98101, (206) 689-4053.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This agency is not subject to the small business economic impact provision of the Administrative Procedure Act.
A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 does not apply to local air agencies, per RCW 70.94.141.
August 16, 2007
Mario Pedroza
Supervising Inspector
AMENDATORY SECTIONREGULATION II SECTION 2.07 GASOLINE DISPENSING FACILITIES
(a) Applicability
This section applies to any facility that dispenses gasoline from a stationary storage tank with a rated capacity of more than 1,000 gallons into a motor vehicle fuel tank. The provisions of this rule do not apply to any Stage 1 or Stage 2 vapor recovery system that is not required by this rule. This rule does not require the installation of any In Station Diagnostics (ISD) system.
(b) Definitions
(1) CARB-CERTIFIED means a Stage 1 or Stage 2 vapor recovery system, equipment, or any component thereof, for which the California Air Resources Board (CARB) has evaluated its performance and issued an Executive Order (including any subsequent approval letters). However, any ISD system specified in a CARB executive order is not required.
(2) OWNER OR OPERATOR means a person who owns, leases, supervises, or operates a facility subject to this regulation.
(c) Stage 1 Vapor Recovery Requirements
(1) Installation Requirements
(A) Owners or operators must install a CARB-certified Stage 1 vapor recovery system on any gasoline storage tank with a rated capacity of more than 1,000 gallons that is either located at a facility where the current annual gasoline throughput is greater than 200,000 gallons or installed after January 1, 1979.
(B) Any person installing a CARB-certified Stage 1 vapor recovery system must install the system in accordance with the CARB executive order in effect on the date of installation.
(2) Maintenance Requirements
(A) All Stage 1 vapor recovery systems shall be installed, operated, and maintained in accordance with the CARB executive order in effect on the date of installation. Defects listed in Table 1(a) or 1(b) are evidence that the installed equipment is not operated or maintained in accordance with this requirement.
(B) After June 1, 2005, all dual-point Stage 1 vapor recovery systems located at a facility required to be equipped with Stage 2 vapor recovery systems must be equipped with swivel adapters.
(3) Self-Inspection Requirements
Owners or operators must inspect each Stage 1 vapor recovery system between gasoline deliveries for the defects listed in Table 1(a) or 1(b), depending on the type of system installed, using the inspection procedures listed in the tables. However, if the facility receives more than one delivery to a tank in a day, the inspection is only required once per day.
Dual-Point Stage 1 Defects
| Equipment | Inspection Procedures | Defects | |
| Dust Cap (tank cap on top of adapter) |
• Visually inspect
the dust cap on
both the fill and
vapor risers. • Try to turn the dust cap on both the fill and vapor risers by hand. |
• Cap gasket is
missing or
damaged. • Cap is missing or damaged. • Cap turns with hand pressure. |
|
| Adapter Vapor Riser (brass fitting on tank riser) |
Slowly depress poppet and check gasket and poppet alignment. | Poppet is inoperative, not aligned properly, or the gasket is damaged. | |
| Adapter (brass fitting on tank riser) (Not required for swivel adapters.) |
Try to turn the adapters on both the fill and vapor risers by hand. | Adapter turns with hand pressure. | |
| Fill Tube (from adapter to bottom of tank) |
Visually inspect the fill tube gasket, if clearly visible after removal of dust cap. | Fill tube gasket is damaged or missing. | |
| (Some fill tube assemblies may not allow observation of the fill tube gasket except by a service technician.) | |||
| Spill Bucket | Visually inspect the liquid level in the spill bucket and the condition of the drain valve. | • Liquid level is
more than 1 inch. • Drain valve is open or leaking vapors. |
|
Coaxial Stage 1 Defects
| Equipment | Inspection Procedures | Defects |
| Dust Cap (tank cap on top of adapter) |
• Visually inspect
the dust cap on the
fill riser. • Try to turn the dust cap on the fill riser by hand. |
• Cap gasket is
missing or damaged. • Cap is missing or damaged. • Cap turns with hand pressure. |
| Adapter (brass fitting on tank riser) |
Slowly depress the coaxial drop tube, check poppet gasket and poppet alignment. | Poppet is inoperative or out of alignment, poppet gasket is damaged, or spring is broken. |
| Adapter (brass fitting on tank riser) |
Try to turn the adapter by hand. | Adapter turns with hand pressure. |
| Spill Bucket | Visually inspect the liquid level in the spill bucket and the condition of the drain valve. | • Liquid level is
more than 1 inch. • Drain valve is open or leaking vapors. |
(A) Whenever a Stage 1 defect as described in Table 1(a) or 1(b) is discovered during a self-inspection, the owner or operator must repair it as soon as possible after the defect is discovered, but no later than the end of the next business day.
(B) If the defect cannot be repaired by the end of the next business day after discovery, the owner or operator must not receive any gasoline deliveries to the tank where the defect is located until the defect is repaired.
(5) Recordkeeping Requirements
(A) Owners or operators must keep a log of the results of each self-inspection, which must include the following:
| • | date of inspection, |
| • | name of person conducting inspection, |
| • | description of all defects found during the inspection, and |
| • | date and time of repair of the defects. |
(d) Stage 2 Vapor Recovery Requirements
(1) Installation Requirements
(A) Owners or operators must install a CARB-certified Stage 2 vapor recovery system on:
(i) any existing gasoline tank located at a facility where the annual gasoline throughput is greater than 600,000 gallons for facilities located in King, Pierce, or Snohomish counties and greater than 840,000 gallons for facilities located in Kitsap County; or
(ii) on any gasoline tank with a rated capacity of more than 1,000 gallons installed after August 2, 1991 at a facility where the current annual gasoline throughput is greater than 200,000 gallons.
(B) Any person installing a CARB-certified Stage 2 vapor recovery system must install the system in accordance with the CARB executive order in effect on the date of installation.
(2) Maintenance Requirements
(A) All Stage 2 vapor recovery systems installed after April 1, 2003 must be Onboard Refueling Vapor Recovery (ORVR) compatible and must be installed, operated, and maintained in accordance with the CARB executive order in effect on the date of installation. However, ISD system installation is not required. Defects listed in Table 2(a) or 2(b) are evidence that the installed equipment is not operated or maintained in accordance with this requirement.
(B) All Stage 2 vapor recovery systems installed prior to April 1, 2003 shall be installed, operated, and maintained in accordance with the CARB executive order in effect as of April 1, 2003, even if CARB later decertifies the system. In such a case, the installation of equipment determined by the manufacturer to be interchangeable with the original approved equipment is permitted. Defects listed in Table 2(a) or 2(b) are evidence that the installed equipment is not operated or maintained in accordance with this requirement.
(3) Self-Inspection Requirements
Owners or operators must inspect Stage 2 vapor recovery systems every day the facility is open for business for the defects listed in either Table 2(a) or 2(b), depending on the type of system installed, using the inspection procedures listed in the tables.
Vapor-Balance Stage 2 Defects
| Equipment | Inspection Procedures | Defects |
| Nozzle Spout | Pull back the boot to ensure the latch ring is on the spout. | Latch ring is missing. |
| Nozzle | Visually inspect the boot (bellows) for holes or slits. | No boot hole shall be more than 1/4 inch diameter. No slit shall exceed 1/2 inch in length. |
| Nozzle | Visually inspect for leaking gasoline. | Visible gasoline leaks. |
| Nozzle | Visually inspect faceplate for missing or damaged surface area. | 1/4 or more of the circumference of the bellows faceplate is damaged or missing. |
| Nozzle(( Emco A3005 bellows A3007 bellows A4000 bellows A4001 bellows A4003 bellows A4005 bellows A4007 bellows A4015 bellows Husky V bellows OPW 111V flow 211V bellows)) (equipped with insertion interlock mechanism) |
Compress the boot and note the tension on the trigger. Release the boot and note the tension on the trigger. | If the trigger is loose when the boot is compressed or the trigger is firm when the boot is released, the insertion interlock is defective. |
| Hose (from dispenser to nozzle) including Whip Hose |
Visually inspect the hose for physical condition. | Hose has cuts, holes, is flattened, or kinked, or the fuel flow direction is incorrect (if marked on the hose). |
Vacuum-Assist Stage 2 Defects
| Equipment | Inspection Procedures | Defects |
| Nozzle Spout Latch Coil | Visually inspect each nozzle for missing latch coils. | Latch coil is missing. |
| Nozzle | Visually inspect the mini-boot (bellows) for holes or slits. | More than 1/8 of the outer edge of the mini-boot is missing, or a slit is greater than 1 1/2 inches long. |
| Nozzle | Visually inspect for leaking gasoline. | Visible gasoline leaks. |
| Hose (from dispenser to nozzle) |
Visually inspect the hose. | Hose has cuts, holes, is flattened, or kinked, or the fuel flow direction is incorrect (if marked on the hose). |
(A) Whenever a Stage 2 defect as described in Tables 2(a) or 2(b) is discovered during a self-inspection, the owner or operator must repair it as soon as possible.
(B) If the defect cannot be repaired within one hour after discovery, the defective equipment must be removed from service until the defect is repaired.
(5) Recordkeeping Requirements
(A) Owners or operators must keep a log of the results of each self-inspection, which must include the following:
| • | time and date of the inspection, |
| • | person conducting the inspection, |
| • | a description of all defects found during the inspection, and |
| • | time and date of repair of any defects. |
(e) Self-Inspection Training Requirements
(1) Owners or operators of facilities with Stage 2 vapor recovery systems must provide training for all employees who are responsible for performing self-inspections of the Stage 1 and Stage 2 vapor recovery equipment within 30 days of hire and provide on-site refresher training for those employees at least once every calendar year.
(2) The self-inspection training must include all of the following:
(A) The location, function, and operation of vapor recovery equipment.
(B) Why vapor recovery equipment must be inspected and maintained.
(C) How to inspect vapor recovery equipment.
(D) How to recognize a defect.
(E) Appropriate corrective actions when defects are discovered.
(F) How to keep the necessary records.
(G) The penalties for noncompliance.
(3) The person providing the training must conduct the training in accordance with this section.
(4) After conducting the training required by this section, the owner or operator must prepare a written training report that includes:
| • | name and address of person conducting the training, |
| • | date of the training, and |
| • | names of the persons trained. |
(f) Stage 2 Testing Requirements
(1) Testing Requirements
(A) Owners or operators must obtain compliance tests of vacuum-assist Stage 2 vapor recovery systems at least once every 12 months, and tests of vapor-balance Stage 2 vapor recovery systems at least once every 24 months.
(B) Each time a test is conducted, the test shall also include a review of the on-site records required by this rule including: training, self-inspections, gasoline throughput, and testing.
(C) The person performing the tests must conduct the following compliance tests for each Stage 2 vapor recovery system:
Required Stage 2 Compliance Tests
| Stage 2 Vapor Recovery Systems |
CARB Tests Required |
CARB Test Procedures1 |
Date of Adoption |
| All Vapor-Balance |
Static Pressure Decay . . . . . . . . . . . . | TP-201.3 . . . . . . . . . . . . | March 17, 1999 |
| Dynamic Back Pressure . . . . . . . . . . . . | TP-201.4 . . . . . . . . . . . . | July 3, 2002 | |
| Tank-Tie Test2 . . . . . . . . . . . . | TP-201.3C . . . . . . . . . . . . | March 17, 1999 | |
| All Vacuum-Assist |
Static Pressure Decay . . . . . . . . . . . . | TP-201.3 . . . . . . . . . . . . | March 17, 1999 |
| Dynamic Back Pressure . . . . . . . . . . . . | TP-201.4 . . . . . . . . . . . . | July 3, 2002 | |
| Air-to-Liquid Ratio . . . . . . . . . . . . | TP-201.5 . . . . . . . . . . . . | February 1, 2001 | |
| Tank-Tie Test2 . . . . . . . . . . . . | TP-201.3C . . . . . . . . . . . . | March 17, 1999 | |
| Healy 600 G-70-165 |
Static Pressure Decay . . . . . . . . . . . . | TP-201.3 . . . . . . . . . . . . | March 17, 1999 |
| Vapor Line Vacuum (( |
G-70-165 Exhibit 4 . . . . . . . . . . . . | April 20, 1995 | |
| Tank-Tie Test2 . . . . . . . . . . . . | TP-201.3C . . . . . . . . . . . . | March 17, 1999 | |
| Healy 400 ORVR G-70-186 |
Static Pressure Decay . . . . . . . . . . . . | TP-201.3 . . . . . . . . . . . . | March 17, 1999 |
| Fill Neck Pressure Test . . . . . . . . . . . . | G-70-186 Exhibit 5 . . . . . . . . . . . . | October 26, 1998 | |
| Vapor Line Vacuum Integrity Test . . . . . . . . . . . . | G-70-186 Exhibit 4 . . . . . . . . . . . . | October 26, 1998 | |
| Tank-Tie Test2 . . . . . . . . . . . . | TP-201.3C . . . . . . . . . . . . | March 17, 1999 | |
| Hirt System G-70-177-AA |
Static Pressure Decay . . . . . . . . . . . . | TP-201.3 . . . . . . . . . . . . | March 17, 1999 |
| Air-to-Liquid Ratio . . . . . . . . . . . . | TP-201.5 . . . . . . . . . . . . | February 1, 2001 | |
| Tank-Tie Test2 . . . . . . . . . . . . | TP-201.3C . . . . . . . . . . . . | March 17, 1999 |
((Note:)) 2Tank-tie test must be conducted at least once, or
after any tank configuration changes to show the tanks are
manifolded. The tank-tie test records must always be kept
on-site to verify compliance.
(2) Testing Procedures
(A) The person performing the tests must conduct the testing in accordance with the CARB test procedures contained in Table 3. Once each calendar year and before conducting any tests under this rule, a person performing CARB compliance tests must submit a written summary of their training and qualifications to perform the test to the Agency.
(B) The tests listed in Table 3 are exempt from the requirements of Section 3.07 of Regulation I, however persons performing such tests must notify the Agency in writing at least 72 hours prior to conducting a test to provide the Agency an opportunity to observe the test.
(3) Failed Compliance Tests
Owners or operators must notify the Agency within 24 hours of any failed compliance tests, if the defective equipment cannot be repaired or replaced by the person conducting the test on the day of the test. If the defective equipment cannot be repaired by the close of the next business day following the failed compliance test, the owner or operator must stop receiving and/or dispensing gasoline from the defective equipment until it is repaired and retested, and passes all required compliance tests. This does not include any operation of the equipment necessary to conduct a retest.
(4) Test Reports
(A) After the testing required by this section has been conducted, the owner or operator must obtain a written test report.
(B) The written report must include:
| • | name and address of the tester, |
| • | date of the testing, |
| • | equipment tested, |
| • | test procedures used, |
| • | results of the tests, |
| • | any repairs or corrective actions necessary to pass the tests, and |
| • | results of the records review, including whether the on-site records comply with the requirements of this rule. |
Owners or operators must keep a copy of the test report on-site at the facility and available for inspection for at least 2 years after the date the report was prepared.