Original Notice.

     Exempt from preproposal statement of inquiry under RCW 70.94.141(1).

     Title of Rule and Other Identifying Information: Adopting new Regulation II, Section 2.07 (Gasoline Dispensing Facilities) to be effective September 1, 2011 (while retaining the existing Section 2.07 effective through August 31, 2011, until repealed).

     Hearing Location(s): Puget Sound Clean Air Agency, 1904 3rd Avenue, Suite 105, Seattle, WA 98101, on July 22, 2010, at 8:45 a.m.

     Date of Intended Adoption: July 22, 2010.

     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 July 21, 2010.

     Assistance for Persons with Disabilities: Contact Agency Receptionist, (206) 689-4010, by July 15, 2010, TTY (800) 833-6388 or (800) 833-6385 (braille).

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To improve emission control performance by eliminating daily responsibility for the on-site operator, and increasing the periodic testing program in order to achieve more frequent repairs and reduce the time between tests when system compliance status is not verified.

     Reasons Supporting Proposal: The proposed new rule should result in improved emission control performance of vapor recovery systems by facilitating completion of repairs in a timely manner.

     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.

     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: Laurie Halvorson, 1904 3rd Avenue, Suite 105, Seattle, WA 98101, (206) 689-4030.

     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.

June 1, 2010

James L. Nolan

Interim Executive Director

(in effect through August 31, 2011)

     (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, super-vises, 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.

     (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.

     (B) The log must be kept on-site at the facility and available for inspection for at least 2 years after the date the record was made.

     (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.

     (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.

     (B) The log must be kept on-site at the facility and available for inspection for at least 2 years after the date the record was made.

     (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.

     Owners or operators must keep a copy of the training report on-site at the facility and available for inspection for at least 2 years after the date the report was prepared.

     (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:

     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.

     (5) Recordkeeping Requirements for Owners and Operators

     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.

NEW SECTION

REGULATION II SECTION 2.07 GASOLINE DISPENSING FACILITIES

(in effect as of September 1, 2011)

     (a) Applicability

     (1) The requirements of Section 2.07 of this regulation apply to any facility that dispenses gasoline into a motor vehicle fuel tank from a stationary storage tank with a rated capacity of more than 1,000 gallons. 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.

     (2) This rule shall have an effective date of September 1, 2011.

     (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. Each equipment component listed on the applicable certified-CARB Executive Order must be installed. Equipment component(s) not listed in a CARB Executive Order may not be installed as replacement for a certified part.

     (2) INSTALL or INSTALLING means establishing or placing in service CARB-certified Stage 1 or Stage 2 vapor recovery equipment at a facility within the Agency's jurisdiction, and includes repairs completed as part of compliance testing. Equipment repairs performed by an owner or operator to correct defects discovered through self-inspection are not included in this definition.

     (3) ORVR means the Onboard Refueling Vapor Recovery system contained within a vehicle that captures the gasoline vapors that are displaced when gasoline is dispensed to the vehicle tank.

     (4) OWNER or OPERATOR means a person who owns, leases, supervises, or operates a facility subject to this regulation.

     (5) STAGE 1 MODIFICATION means any of the following equipment changes or projects, including but not limited to:

     (A) Installation or replacement of a stationary storage tank rated more than 1,000 gallons that stores gasoline;

     (B) Replacement of Stage 1 components that are upgrades, including but not limited to replacement of all spill buckets, all drop tubes, or all adaptors.

     (6) STAGE 2 MODIFICATION means any of the following equipment changes or projects, including but not limited to:

     (A) Addition of new fueling position(s);

     (B) Replacement of all existing dispensers;

     (C) Converting vapor-balance system to vacuum-assist system or converting vacuum-assist system to vapor-balance system;

     (D) Replacement of Stage 2 vapor recovery components that are upgrades, including but not limited to dispensing configuration changes to include six-pack to blending dispenser conversions, and replacement of pre-ORVR dispensers to ORVR-compatible or Enhanced Vapor Recovery (EVR) technology.

     (7) SYSTEM means the complete and integrated components necessary to provide the vapor recovery emission control service for a gasoline dispensing facility required in Section 2.07 of this regulation. A system may be the Stage 1 vapor recovery equipment, the Stage 2 vapor recovery equipment, and/or the combined integration of appropriate Stage 1 and Stage 2 vapor recovery equipment at a gasoline dispensing facility.

     (8) TEST or TESTING means the performance of a test or method or series of tests or methods to determine the integrity, functionality or effectiveness of CARB-certified Stage 1 or Stage 2 vapor recovery equipment at a facility within the Agency's jurisdiction.

     (c) Installation Requirements

     (1) Installation Requirements - Stage 1

     (A) All gasoline dispensing facilities with a current annual gasoline throughput greater than 200,000 gallons or with a gasoline storage tank installed after January 1, 1979 shall be equipped with a CARB-certified Stage 1 vapor recovery system.

     (B) After April 1, 2001, all gasoline dispensing facilities that install or replace a gasoline tank or a Stage 1 vapor recovery system shall be equipped with a CARB-certified EVR system. This requirement includes installations defined as a Stage 1 modification in Section 2.07 of this regulation.

     (C) Any person installing a CARB-certified Stage 1 vapor recovery system must install the system in accordance with the applicable CARB Executive Order in effect on the date of installation.

     (D) Any person installing CARB-certified Stage 1 vapor recovery equipment shall be certified as required in Section 2.07(f) of this regulation.

     (E) All gasoline dispensing facilities with dual-point Stage 1 vapor recovery systems shall be equipped with Stage 1 swivel adapters if the facility is required to be equipped with a Stage 2 vapor recovery system under Section 2.07 (c)(2) of this regulation.

     (2) Installation Requirements - Stage 2

     (A) All gasoline dispensing facilities with a current annual gasoline throughput greater than 600,000 gallons (or 840,000 gallons for Kitsap County only) shall be equipped with a CARB-certified Stage 2 vapor recovery system.

     (B) All gasoline dispensing facilities with both a current annual gasoline throughput greater than 200,000 gallons and a gasoline storage tank installed after August 2, 1991 shall be equipped with a CARB-certified Stage 2 vapor recovery system.

     (C) All gasoline dispensing facilities with Stage 2 vapor recovery systems installed after April 1, 2003 shall employ either CARB-certified ORVR compatible systems or CARB-certified EVR systems. This requirement includes installations defined as a Stage 2 modification.

     (D) Any person installing a CARB-certified Stage 2 vapor recovery system must install the system in accordance with the applicable CARB Executive Order in effect on the date of installation.

     (E) Any person installing CARB-certified Stage 2 vapor recovery equipment shall be certified as required in Section 2.07(f) of this regulation.

     (d) Maintenance Requirements

     (1) Maintenance Requirements - All Stage 1 vapor recovery systems shall be operated and maintained in accordance with the applicable CARB Executive Order in effect on the date of installation.

     (2) Maintenance Requirements - Stage 2

     (A) All Stage 2 vapor recovery systems installed after April 1, 2003 must be ORVR compatible and must be operated and maintained in accordance with the applicable CARB Executive Order in effect on the date of installation. However, ISD system installation is not required.

     (B) All Stage 2 vapor recovery systems installed prior to April 1, 2003 shall be operated and maintained in accordance with the applicable CARB Executive Order in effect as of April 1, 2003, even if CARB later decertifies the system. For Stage 2 vapor recovery systems installed prior to April 1, 2003, the installation of equipment determined by the manufacturer to be interchangeable with the original approved equipment is allowed.

     (C) Defects listed in Table 1 are evidence that the installed equipment is not operated or maintained in accordance with Section 2.07 of this regulation. The defects listed in Table 1 shall be included in the operation and maintenance plan required for the facility.

     (1) Stage 1 Initial Installation Testing Requirements

     (A) Owners or operators must obtain the Stage 1 compliance tests identified in Table 2, and each test must be conducted in accordance with the test procedures identified in Table 2. The compliance tests shall be completed after initial installation of any Stage 1 system and prior to dispensing fuel commercially.

     (B) Stage 1 compliance tests shall be performed by person(s) who are certified as required in Section 2.07(f) of this regulation.

     (C) The tests listed in Table 2 are exempt from the requirements of Section 3.07 of Regulation I.

     ²TP-201.1C has no overfill prevention device and TP-201.1D is required for drop tubes with overfill prevention.

     ³Except that test procedure TP-201.3B (dated 4/12/96) shall be used for above-ground storage tanks.

     ⁴The test procedures are also listed in Exhibit 2 of the CARB Executive Order.

     (2) Stage 2 Testing Requirements

     (A) Owners or operators must obtain the Stage 2 compliance tests identified in Table 3 annually, and each test must be conducted in accordance with the test procedures identified in Table 3. In addition, each test shall be completed no less than 335 days and no more than 395 days since the last annual test.

     (B) For stations with vapor-balance systems, the first annual test completed after September 1, 2011 shall be completed on an annual schedule as specified above or by January 15, 2012, whichever date comes first.

     (C) Owners or operators must obtain a Static Pressure Decay Test semiannually. One test shall be completed during the annual testing required in Section 2.07 (e)(2)(A) of this regulation and the other semiannual test shall be completed no less than 150 days and no more than 210 days since the last Static Pressure Decay Test.

     (D) Owners or operators must obtain the Stage 2 compliance tests identified in Table 3 after initial installation of any Stage 2 system and prior to dispensing fuel commercially.

     (E) Stage 2 compliance tests shall be performed by persons who are certified as required in Section 2.07(f) of this regulation.

     (F) The tests listed in Table 3 are exempt from the requirements of Section 3.07 of Regulation I.

     ²For static pressure decay test, test procedure TP-201.3B (dated 4/12/96) shall be used for above-ground storage tanks.

     ³Tank-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 be kept on-site to verify compliance.

     ⁴For static torque of adaptors, testing is required only for stations equipped with dual-point Stage 1 vapor recovery systems.

     ⁵Vapor return line vacuum integrity tests shall be conducted on each vacuum-assist system equipped with a central vacuum pump annually, in accordance with Exhibit 4 of CARB Executive Orders G-70-165 and G-70-186, as applicable.

     (3) Failed Compliance Tests

     Owners or operators must notify the Agency in writing 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. The requirements in Section 2.07 (e)(3) of this regulation do not include any operation of equipment necessary to conduct a retest. Equipment operation after a failed compliance test is evidence of a continuing violation until a passing test has been completed for that equipment.

     (4) Test Reports

     (A) After the testing required by Section 2.07 of this regulation has been conducted, the owner or operator must obtain a written test report.

     (B) The written report must include the following information:

     •     name and address of the person(s) who conducted each test,

     •     date of the testing,

     •     equipment tested,

     •     test procedures or methods used,

     •     results of the tests, and

     •     any repairs made or corrective actions taken necessary to pass the tests.

     (C) 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.

     (5) Compliance Testing Activity Reports

     (A) Persons completing the Stage 1 or Stage 2 testing identified in Section 2.07 of this regulation shall submit compliance testing activity reports to the Agency. Compliance testing activity reports must be submitted on approved forms through the Agency website and must be received by the Agency no later than 2 days after completion of the compliance test on-site.

     (B) Compliance testing activity reports shall include, but not be limited to, the following information:

     •     identification of the facility,

     •     date of the testing,

     •     identification of each test conducted,

     •     results (pass/fail) of each test conducted,

     •     name of the person(s) who conducted each test and current certification credential information for each such person, and

     •     statement of whether repairs were completed, and if so, description of all repairs undertaken and/or completed.

     (f) Certification for Persons Testing or Installing

     (1) Persons testing or installing CARB-certified Stage 1 or Stage 2 vapor recovery equipment as required by Section 2.07 of this regulation must be certified by the International Code Council or other association that the Agency has determined provides an examination where persons can demonstrate their knowledge of regulatory codes, standards, and practices pertaining to CARB-certified Stage 1 or Stage 2 vapor recovery equipment, or have passed another qualifying examination approved by the Agency.

     (2) Persons testing or installing CARB-certified Stage 1 or Stage 2 vapor recovery equipment must be certified every other year. Such persons must possess a valid certification at the time of performing any testing or installation of CARB-certified Stage 1 or Stage 2 vapor recovery equipment required by Section 2.07 of this regulation. Subsequent certifications must occur within 2 years of the anniversary date of a person's first certification under Section 2.07(f) of this regulation.

     (3) All testing must be conducted consistent with the requirements of Section 2.07(e) of this regulation.

     (4) The certification requirements in Section 2.07(f) of this regulation do not apply to owners or operators of gasoline dispensing facilities.

     (g) Recordkeeping Requirements for Owners or Operators

     Owners or operators must keep a copy of all records required by this rule on-site at the facility and available for inspection for at least 2 years after the date the record was prepared.

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