WSR 99-15-027

PERMANENT RULES

PUGET SOUND AIR

POLLUTION CONTROL AGENCY

[ Filed July 13, 1999, 9:31 a.m. ]

Date of Adoption: July 8, 1999.

Purpose: The amendments are designed largely to ensure the integrity of the gasoline vapor recovery program. This will be accomplished through periodic inspection and testing of vapor recovery equipment at gas stations, and enhancements to the periodic testing requirements for transport tanks.

A number of changes will clarify and simplify the regulations, including but not limited to the addition of a definitions section specific to the gasoline marketing regulations, and segregation of the requirements for transport tanks from those for bulk gasoline distribution facilities. The requirements for large volatile organic compound storage tanks are being moved to a different article and revised slightly to reflect that they are sometimes used for products other than petroleum.

Citation of Existing Rules Affected by this Order: Amending Regulation II, Sections 1.05, 2.04, 2.07, and 2.08.

Statutory Authority for Adoption: Chapter 70.94 RCW.

Adopted under notice filed as WSR 99-10-097 on May 5, 1999; and WSR 99-13-152 on June 21, 1999.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: Thirty-one days after filing.

July 12, 1999

Gerald S. Pade

Air Pollution Engineer

AMENDATORY SECTION

REGULATION II SECTION 1.05 SPECIAL DEFINITIONS


When used in Regulation II of the Puget Sound Air Pollution Control Agency:

(a) AEROSPACE COMPONENT means the fabricated part, assembly of parts, or completed unit of any aircraft, helicopter, missile or space vehicle.

(b) ANTIGLARE/SAFETY COATING means a coating that does not reflect light.

(((c) BOTTOM LOADING means the filling of a tank through a line entering the bottom of the tank.

(d) BULK GASOLINE PLANT means a gasoline storage and transfer facility that receives more than 90% of its annual gasoline throughput by transport tank, and reloads gasoline into transport tanks.))

(((e))) (c) CAMOUFLAGE COATING means a coating applied on motor vehicles to conceal such vehicles from detection.

(((f))) (d) COLOR MATCH means the ability of a repair coating to blend into an existing coating so that color difference is not visible.

(((g))) (e) COMMERCIAL AEROSPACE PRIMER means BMS 10-11, Type I.

(((h))) (f) COMMERCIAL AEROSPACE TOPCOAT means BMS 10-11, Type II.

(((i))) (g) CUTBACK ASPHALT means an asphalt that has been blended with more than 7% petroleum distillates by weight.

(((j))) (h) EXTREME PERFORMANCE COATING means any coating used on the surface of a Group II vehicle, mobile equipment or their parts or components that during intended use is exposed to industrial grade detergents, cleaners or abrasive scouring agents or extreme environmental conditions as determined by the Control Officer.

(((k))) (i) FLEXOGRAPHIC PRINTING means the application of words, designs and pictures to a substrate by means of a roll printing technique in which the pattern to be applied is raised above the printing roll and the image carrier is made of rubber or other elastomeric materials.

(((l) GASOLINE means a volatile organic compound having a true vapor pressure greater than 10.5 kilopascals (kPa) (1.5 pounds per square inch absolute - psia) at 20°C temperature, that is a liquid at standard conditions of 102.9 kPa (14.7 psi) and 20°C, and is used as a fuel for internal combustion engines.

(m) GASOLINE LOADING TERMINAL means a gasoline transfer facility that receives more than 10% of its annual gasoline throughput solely or in combination by pipeline, ship or barge, and loads gasoline into transport tanks.))

(((n))) (j) GELCOAT means a polyester resin surface coating that provides a cosmetic enhancement and improves resistance to degradation from exposure to the environment.

(((o))) (k) GROUP I VEHICLES means passenger cars, large/heavy-duty truck cabs and chassis (>10,000 pounds gross vehicle weight), light- and medium-duty trucks and vans (<10,000 pounds gross vehicle weight), and motorcycles.

(((p))) (l) GROUP II VEHICLES means public transit buses.

(((q))) (m) METALLIC/IRIDESCENT TOPCOAT means any coating that contains more than 5 grams per liter (0.042 lb/gal) of metal or iridescent particles, as applied, where such particles are visible in the dried film.

(((r))) (n) MILITARY AEROSPACE PRIMER means the current version of MIL-P-85582.

(((s))) (o) MILITARY AEROSPACE TOPCOAT means the current version of MIL-C-85285.

(((t))) (p) MOBILE EQUIPMENT means any equipment that may be drawn or is capable of being driven on a roadway, including, but not limited to, truck bodies, truck trailers, utility bodies, camper shells, mobile cranes, bulldozers, street cleaners, golf carts and implements of husbandry.

(((u))) (q) PACKAGING ROTOGRAVURE PRINTING means rotogravure printing upon paper, paper board, metal foil, plastic film, and other substrates, that are, in subsequent operations, formed into packaging products and labels for articles to be sold.

(((v) PETROLEUM REFINERY means a facility engaged in producing gasoline, kerosene, distillate fuel oils, residual fuel oils, lubricants, asphalt, or other products by distilling crude oils or redistilling, cracking, extracting or reforming unfinished petroleum derivatives.))

(((w))) (r) PETROLEUM SOLVENT means organic material produced by petroleum distillation comprising a hydrocarbon range of 8 to 12 carbon atoms that exists as a liquid under standard conditions, frequently called "Stoddard" solvent.

(((x))) (s) POLYESTER RESIN means a group of synthetic resins containing ethylenic unsaturation and capable of undergoing free radical polymerization with styrene monomer.

(((y))) (t) PRECOAT means any coating that is applied to bare metal primarily to deactivate the metal surface for corrosion resistance to a subsequent water-based primer.

(((z))) (u) PRETREATMENT WASH PRIMER means any coating that contains a minimum of 0.5% acid by weight, is necessary to provide surface etching and is applied directly to bare metal surfaces to provide corrosion resistance and adhesion.

(((aa))) (v) PRIMER means a coating applied directly to a component for purposes of corrosion protection, protection from the environment, functional fluid resistance and adhesion of subsequent coatings.

(((bb))) (w) PRIMER SEALER means any coating applied prior to the application of a topcoat for the purpose of corrosion resistance, adhesion of the topcoat, color uniformity, and to promote the ability of an undercoat to resist penetration by the topcoat.

(((cc))) (x) PRIMER SURFACER means any coating applied prior to the application of topcoat for the purpose of corrosion resistance, adhesion of the topcoat, and that promotes a uniform surface by filling in surface imperfections.

(((dd) PROCESS UNIT means all the equipment essential to a particular production process.))

(((ee))) (y) PUBLICATION ROTOGRAVURE PRINTING means rotogravure printing upon paper that is subsequently formed into books, magazines, catalogues, brochures, directories, newspaper supplements and other types of printed materials.

(((ff))) (z) ROTOGRAVURE PRINTING means the application of ink to a substrate by means of a roll printing technique that involves an intaglio or recessed image areas in the form of cells.

(((gg))) (aa) SOLVENT RECOVERY DRYER means a dry cleaning dryer that employs a condenser to liquify and recover solvent vapors evaporated in a closed-loop, recirculating stream of heated air.

(((hh))) (bb) SPECIALTY COATINGS are coatings that are necessary due to unusual job performance requirements. Said coatings include, but are not limited to, adhesion promoters, uniform finish blenders, elastomeric materials, gloss flatteners, bright metal trim repair, and antiglare/safety coatings.

(((ii) SUBMERGED FILL LINE means any discharge pipe or nozzle that meets either of the following conditions:

(1) Where the tank is filled from the top, the end of the discharge pipe or nozzle must be totally submerged when the liquid level is 6" from the bottom of the tank; or

(2) Where the tank is filled from the side, the discharge pipe or nozzle must be totally submerged when the liquid level is 18" from the bottom of the tank.))

(((jj))) (cc) TEMPORARY PROTECTIVE COATING means a coating applied to an aerospace component to protect it from mechanical and environmental damage during manufacturing.

(((kk))) (dd) TOPCOAT means a coating applied over a primer or directly to a component primarily for purposes of appearance or identification.

(((ll))) (ee) TOUCHUP means the portion of the operation that is necessary to cover minor imperfections.

(((mm) TRANSPORT TANK means a container with a capacity greater than 1,000 liters (264 gallons) used for transporting gasoline, including but not limited to, tank truck, tank trailer, railroad car, and metallic or nonmetallic tank or cell conveyed on a flatbed truck, trailer, or railroad car.

(nn) TRUE VAPOR PRESSURE means the equilibrium partial pressure of an organic liquid (determined with methods described in American Petroleum Institute Bulletin 2517, "Evaporation Loss from Floating Roof Tanks", May 1994).

(oo) TURNAROUND means the shutting down and starting up of process units for periodic maintenance and repair of equipment, or other planned purpose.

(pp) VAPOR RECOVERY SYSTEM means a process that prevents emission to the atmosphere of volatile organic compounds released by the operation of any transfer, storage, or process equipment.))


NEW SECTION


REGULATION II SECTION 2.01 DEFINITIONS


When used in this Article:

(a) GASOLINE means any petroleum distillate or petroleum distillate/alcohol blend with a Reid vapor pressure of 4 pounds per square inch (27.6 kPa) or greater, which is used as a fuel for motor vehicles, marine vessels, or aircraft.

(b) GASOLINE STATION means any site that dispenses gasoline from stationary storage tanks into fuel tanks of motor vehicles, marine vessels, or aircraft.

(c) PETROLEUM REFINERY means a facility engaged in producing gasoline, aromatics, kerosene, distillate fuel oils, residual fuel oils, lubricants, asphalt, or other products by distilling crude oils or redistilling, cracking, extracting, or reforming unfinished petroleum derivatives. Not included are facilities re-refining used motor oils or waste chemicals, processing finished petroleum products, separating blended products, or air blowing asphalt.

(d) SUBMERGED FILL LINE means any discharge pipe or nozzle that meets either of the following conditions:

(1) Where the tank is filled from the top, the end of the discharge pipe or nozzle must be totally submerged when the liquid level is 6 inches (15 cm) from the bottom of the tank; or

(2) Where the tank is filled from the side, the discharge pipe or nozzle must be totally submerged when the liquid level is 18 inches (46 cm) from the bottom of the tank.

(e) TRANSPORT TANK means a container with a capacity greater than 264 gallons (1000 liters) used for shipping gasoline over roadways.

(f) VAPOR RECOVERY SYSTEM means a process that prevents the emission to the atmosphere of volatile organic compounds released by the operation of any transfer, storage, or process equipment.


AMENDATORY SECTION


REGULATION II SECTION ((2.04)) 3.02 VOLATILE ORGANIC COMPOUND STORAGE TANKS


(a) ((Section 2.04)) This section shall apply to all stationary storage tanks with a capacity of 40,000 gallons (151,400 liters) or greater storing ((that store)) volatile organic compounds with a true vapor pressure of ((10.5 kilopascals (kPa) [)) 1.5 pounds per square inch (((psia)])) (10.5 (kPa)) or greater at actual monthly average storage temperatures ((and have a capacity of 151,400 liters (40,000 gallons) or greater. Tanks used for the storage of gasoline in bulk gasoline plants equipped with vapor balance systems as required in Section 2.06(b) shall be exempt from the requirements of Section 2.04)).

(b) It shall be unlawful for any person to cause or allow ((the)) such storage ((of volatile organic compounds as specified in Section 2.04(a))) unless ((such stationary)) the storage tank ((or container)) is a pressure tank maintaining working pressures sufficient at all times to prevent organic vapor loss to the atmosphere, or is designed and equipped with one of the following vapor loss control devices:

(1) An external floating roof, consisting of a pontoon-type or double deck-type cover that rests on the surface of the liquid contents at all times and is equipped with a closure device between the tank shell and the roof edge. The closure device shall consist of two seals, a primary seal and a rim mounted secondary seal above the primary; or

(2) A fixed roof with an internal floating-type cover that rests on the surface of the liquid contents at all times and is equipped with a closure device. The closure device shall prevent the emission of organic vapors such that the concentration of such vapors in the vapor space above the internal floating roof does not exceed 50% of the lower explosive limit (LEL) measured as propane; or

(3) A fixed roof tank with control equipment ((a vapor recovery system,)) that reduces emissions by 95% or greater ((meets the requirements of Section 2.05 of this regulation)).

(c) All primary seals or closure devices ((used with equipment subject to Section 2.04)) shall meet the following requirements:

(1) The primary seal shall contain no visible holes, tears, or other openings.

(2) No gap between the tank shell and the primary seal shall exceed 1 1/2 inches (3.8 cm) (((1 1/2 inches))). No continuous gap greater than 1/8 inch (0.32 cm) (((1/8 inch))) shall exceed 10% of the circumference of the tank. The cumulative length of all primary seal gaps exceeding 1/2 inch (1.3 cm) (((1/2 inch))) shall not be more than 10% of the circumference; and the cumulative length of all primary seal gaps exceeding 1/8 inch (0.32 cm) (((1/8 inch))) shall not be more than 40% of the circumference.

(d) All secondary seals or closure devices shall meet the following requirements:

(1) There shall be no visible holes, tears, or other openings in the secondary seal or seal fabric;

(2) The secondary seal shall be intact and uniformly in place around the circumference of the floating roof between the roof and the tank wall; and

(3) No gap between the tank shell and the secondary seal shall exceed 1/2 inch (1.3 cm) (((1/2 inch))). The cumulative length of all gaps exceeding 1/8 inch (0.32 cm) (((1/8 inch))) in width between the secondary seal and the tank wall shall not exceed 5% of the circumference of the tank.

(e) All openings in the external floating roof, except for automatic bleeder vents, rim space vents, and leg sleeves shall be:

(1) Equipped with covers, seals, or lids in the closed position except when the openings are in actual use; and

(2) Equipped with projections into the tank that remain below the liquid surface at all times.

(f) Automatic bleeder vents shall be closed at all times except when the roof is floated off or landed on the roof leg supports.

(g) Rim vents shall be set to open when the roof is being floated off the leg supports or at the manufacturer's recommended setting.

(h) Emergency roof drains shall be provided with slotted membrane fabric covers or equivalent that cover at least 90% of the area of the opening.

(i) Routine inspections shall be performed by the owner or operator as follows:

(1) For external floating roof tanks, conduct a semiannual visual inspection of all seals and closure devices and measure the primary and secondary seal gap annually;

(2) For internal floating roof tanks, visually inspect all seals and measure the concentration of VOC in the vapor space above the internal floating roof semiannually; and

(3) Maintain records of the results of any inspections performed for a period of 2 years after the date on which the record was made.

AMENDATORY SECTION


REGULATION II SECTION 2.07 GASOLINE STATIONS

(((a) Stage 1 vapor recovery system requirements shall apply to:

(1) All gasoline stations with a total annual gasoline throughput greater than 200,000 gallons and total gasoline storage capacity greater than 10,000 gallons; and

(2) All new stationary gasoline storage tanks greater than 1,000 gallons capacity.

(b) It shall be unlawful for the owner or operator of a gasoline station subject to Stage 1 vapor recovery system requirements to cause or allow the transfer of gasoline from any transport tank into any stationary storage tank unless:

(1) The stationary storage tank is equipped with a permanent submerged fill line and a Stage 1 vapor recovery system certified by the California Air Resources Board;

(2) The transport tank is equipped to balance vapors; and

(3) All vapor return lines are connected between the transport tank and the stationary storage tank, and the Stage 1 vapor recovery system is operating.

(c) Stage 2 vapor recovery system requirements shall apply to:

(1) All gasoline stations located in King, Pierce, and Snohomish Counties with a total annual gasoline throughput greater than 600,000 gallons and a total gasoline storage capacity greater than 10,000 gallons;

(2) All gasoline stations located in Kitsap County with a total annual gasoline throughput greater than 840,000 gallons and a total gasoline storage capacity greater than 10,000 gallons; and

(3) All new stationary gasoline storage tanks greater than 1,000 gallons capacity.

(d) The owner or operator of a gasoline station subject to Stage 2 vapor recovery system requirements shall install a Stage 2 vapor recovery system in accordance with the following schedule.

(1) Businesses that own 10 or more gasoline stations in King, Pierce, Snohomish, and Clark Counties:

(A) At least 50% of facilities with an annual throughput greater than 840,000 gallons by May 1, 1994;

(B) The remaining facilities with an annual throughput greater than 840,000 gallons by May 1, 1995; and

(2) All gasoline stations with an annual throughput greater than 1,200,000 gallons by May 1, 1994; and

(3) All other gasoline stations by December 31, 1998.

(e) It shall be unlawful for the owner or operator of a gasoline station subject to Stage 2 vapor recovery system requirements to cause or allow the transfer of gasoline from any stationary storage tank into any motor vehicle fuel tank (except motorcycles) unless:

(1) The gasoline dispenser is equipped with a Stage 2 vapor recovery system certified by the California Air Resources Board and installed in accordance with the system's certification requirements;

(2) The vapor return line is connected between the stationary storage tank and the motor vehicle fuel tank;

(3) All bellows-type nozzles are inspected daily, and if determined to be defective are taken out of service until repaired or replaced;

(4) Operating instructions for the Stage 2 vapor recovery nozzles are conspicuously posted and include a warning against topping off. The instructions shall include a prominent display of the Department of Ecology's toll-free telephone number for complaints regarding the operation and condition of the nozzles.))

(a) Applicability. This section shall apply to all facilities that load gasoline into the fuel tanks of motor vehicles, marine vessels, or aircraft directly from stationary storage tanks.

(1) Stage 1 vapor recovery system requirements shall apply to all gasoline storage tanks with a capacity of greater than 1,000 gallons:

(A) Installed after January 1, 1979; or

(B) Located at facilities with a gasoline throughput greater than 200,000 gallons per a calendar year.

(2) Stage 2 vapor recovery system requirements shall apply to all gasoline storage tanks with a capacity of greater than 1,000 gallons (except those used exclusively for aviation or marine gasoline):

(A) Installed after August 2, 1991;

(B) Located at facilities in King, Pierce, and Snohomish Counties with a gasoline throughput greater than 600,000 gallons per calendar year; or

(C) Located at facilities in Kitsap County with a gasoline throughput greater than 840,000 gallons per calendar year.

(b) Stage 1 Requirements. It shall be unlawful for an owner or operator of the facility to cause or allow the transfer of gasoline from a transport tank into a stationary storage tank unless:

(1) The stationary storage tank is equipped with a submerged fill line and a Stage 1 vapor recovery system certified by the California Air Resources Board and installed in accordance with the system's certification requirements; and

(2) The system is visually inspected after each product delivery and any equipment found to be defective (e.g., loose caps or adaptors, stuck poppet valves, damaged gaskets) is repaired or replaced as soon as possible but no later than 7 days after the inspection.

(c) Stage 2 Requirements. It shall be unlawful for an owner or operator of the facility to cause or allow the transfer of gasoline from the stationary storage tank into a motor vehicle fuel tank (except motorcycles) unless:

(1) The stationary storage tank and dispenser are equipped with a Stage 2 vapor recovery system certified by the California Air Resources Board and installed in accordance with the system's certification requirements;

(2) Operating instructions are conspicuously posted and include a warning against topping off and the Department of Ecology's toll-free telephone number for complaints about the system;

(3) The system is inspected on a weekly basis and any equipment found to be defective (e.g., torn bellows, miniboots or hoses, leaking spouts, swivels or hoses, missing latch coils, stiff swivels) is taken out of service until repaired or replaced; and

(4) The system is tested for compliance with its certification requirements (e.g., pressure decay, back-pressure, air/liquid ratio) and any equipment found to be defective is repaired/replaced and retested for compliance within 30 days. In the event that repair and retesting of defective equipment cannot be accomplished within 30 days, a 30-day extension may be granted in writing, provided that the owner or operator demonstrates in advance to the Control Officer that the equipment is being repaired and retested as soon as possible.

(d) Compliance Tests. Compliance with the requirements in Section 2.07 (c)(4) of this regulation shall be achieved no later than July 1, 2000. Tests shall be performed in accordance with the test methods and Executive Orders of the California Air Resources Board in effect July 1, 1998. (Testing frequencies are specified in the Executive Orders.) These tests shall be exempt from the requirements of Section 3.07 of this regulation. However, notification of the test date shall be submitted to the Agency at least 5 days in advance of the test and copies of all test results shall be kept on site for at least 2 years from the date of the test.


AMENDATORY SECTION


REGULATION II SECTION 2.08 ((LEAKS FROM)) GASOLINE TRANSPORT TANKS ((AND VAPOR RECOVERY SYSTEMS))


(((a) Section 2.08 shall apply to all gasoline transport tanks and all facilities subject to Sections 2.05, 2.06, and 2.07 of Regulation II.

(b) It shall be unlawful for any person to cause or allow the transfer of gasoline between a facility subject to the requirements of Section 2.08 and a gasoline transport tank unless a current leak test certification for the transport tank is on file with the facility or a valid inspection sticker is displayed on the vehicle.

(c) It shall be unlawful for any person to cause or allow the use of any transport tank for the transfer of gasoline at a facility subject to the requirements of Section 2.08, unless the tank:

(1) Is leak tested annually;

(2) Displays a sticker and carries a certificate that:

(A) Shows the date the tank last passed the leak test; and

(B) Shows the identification number of the tank; and

(3) Is loaded and unloaded in such a manner that the concentration of gasoline vapors is below the lower explosive limit (expressed as propane) at all points a distance of 2.5 cm (1 inch) or greater from any potential leak source. Any transport tank that fails to meet the requirements of this paragraph shall be repaired and retested in accordance with the provisions of Section 2.08(e) within 10 days. The Control Officer shall be notified in writing within 5 days after the completion of the required leak test.

(d) It shall be unlawful for any person to cause or allow the operation of any facility subject to Section 2.08 unless the vapor recovery system and the gasoline loading equipment is operated during all loading and unloading of gasoline such that:

(1) The concentration of gasoline vapors is below the lower explosive limit (expressed as propane) at all points a distance of 2.5 cm (1 inch) or greater from any potential leak source; and

(2) There are no liquid leaks in excess of 3 drops per minute and there is no more than 10 ml of liquid drainage per disconnect.

(e) During the test required by Section 2.08(c), each transport tank shall sustain a pressure change of no more than 0.75 kPa (3 inches) of water in 5 minutes when pressurized to a gauge pressure of 4.5 kPa (18 inches) of water and evacuated to a gauge pressure of 1.5 kPa (6 inches) of water during the test.))

(a) This section shall apply to all transport tanks that deliver gasoline to gasoline stations or bulk gasoline distribution facilities equipped with a vapor recovery system.

(b) It shall be unlawful for the owner or operator of a transport tank to cause or allow the transfer of gasoline at a facility equipped with a vapor recovery system unless:

(1) The transport tank is also equipped with a vapor recovery system;

(2) The transport tank is tested annually in accordance with the procedures in Method 27 of 40 CFR Part 60, Appendix A by pressurizing the tank to gauge pressures of 18 and - 6 inches of water and waiting for a time period of 5 minutes during which the pressure change is no more than:

tank capacity (gallons) pressure change (inches of water)
2,500 or more 1.0
1,500-2,499 1.5
1,000-1,499 2.0
999 or less 2.5
(3) The internal vapor valve of the transport tank is tested annually in accordance with the procedures in Method 27 of 40 CFR Part 60, Appendix A by repressurizing the tank to 18 inches of water, closing the vapor valve, relieving all the pressure in the vapor return line, resealing the vapor return line, and waiting for a time period of 5 minutes during which the pressure change in the vapor return line and manifold is no more than 5 inches of water;

(4) The transport tank carries a certificate that includes the following information:

(A) Testing company name, date, and test location;

(B) Tester's name, title, and signature;

(C) Transport tank owner's name and address;

(D) Transport tank identification number;

(E) Type of test: pressure decay, vacuum decay, or internal vapor valve;

(F) Vapor tightness repair (if any): nature of repair work and when performed in relation to the test; and

(G) Test results: pressure or vacuum change, time period of test.

(5) The transport tank displays a sticker near the Department of Transportation certification plate, which shows the identification number of the transport tank and the date the transport tank last passed the tests specified in this section; and

(6) The vapor recovery system is employed and the concentration of gasoline vapors is below the lower explosive limit (measured as propane) at all points a distance of 1 inch or greater from any potential leak source on the transport tank. (Any transport tank that fails to meet this requirement shall be repaired and retested for compliance with Sections 2.08 (b)(2) and (b)(3) of this regulation within 10 days, and a copy of the revised compliance certificate shall be sent to the Agency within 5 days after completing the required leak test.)

(c) Transport tanks tested prior to August 1, 1999 shall be subject to the requirements in Sections 2.08 (b)(2) and (b)(3) of this regulation at the time of their next annual test.

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