WSR 04-03-109

PROPOSED RULES

PUGET SOUND

CLEAN AIR AGENCY

[ Filed January 21, 2004, 9:42 a.m. ]

Original Notice.

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

Title of Rule: Amend Regulation II, Section 2.07.

Purpose: To reduce emissions of gasoline vapors from fueling motor vehicles by adding training requirements as well as clarifying the recognition and repair of system defects.

Other Identifying Information: Section 2.07 pertains to Gasoline Dispensing Facilities.

Statutory Authority for Adoption: Chapter 70.94 RCW.

Statute Being Implemented: RCW 70.94.141.

Summary: This proposal will improve the effectiveness of the regulations already in place that require the recovery of gasoline vapors from fueling motor vehicles.

Reasons Supporting Proposal: Compliance with our regulations will improve with the addition of training requirements that will clarify the recognition of and repair of system defects.

Name of Agency Personnel Responsible for Drafting: Larry Vaughn, 110 Union Street, #500, Seattle, WA 98101, (206) 689-4035; Implementation: Dave Kircher, 110 Union Street, #500, Seattle, WA 98101, (206) 689-4050; and Enforcement: Jim Nolan, 110 Union Street, #500, Seattle, WA 98101, (206) 689-4053.

Name of Proponent: Puget Sound Clean Air Agency, governmental.

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.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: See Purpose above.

Proposal Changes the Following Existing Rules: See Purpose above.

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.

RCW 34.05.328 does not apply to this rule adoption. Pursuant to RCW 70.94.141(1), RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: Puget Sound Clean Air Agency, 110 Union Street, Suite 500, Seattle, WA 98101, on February 26, 2004, at 9:15 a.m.

Assistance for Persons with Disabilities: Contact Agency Receptionist, (206) 689-4010, by February 19, 2004, TDD (800) 833-6388 or (800) 833-6385 (Braille).

Submit Written Comments to: Dennis McLerran, Puget Sound Clean Air Agency, 110 Union Street, Suite 500, Seattle, WA 98101, fax (206) 343-7522, by February 16, 2004.

Date of Intended Adoption: February 26, 2004.

January 20, 2004

Larry C. Vaughn

Engineer

AMENDATORY SECTION


REGULATION II SECTION 2.07 GASOLINE ((STATIONS)) DISPENSING FACILITIES


(((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 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, mini-boots 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 Regulation I. 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.))

(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. 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.

(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).

(2) NON-RETAIL GASOLINE DISPENSING FACILITY means a facility subject to this section that is not a retail gasoline dispensing facility.

(3) OWNER OR OPERATOR means a person who owns, leases, super-vises, or operates a facility subject to this regulation.

(4) RETAIL GASOLINE DISPENSING FACILITY means a facility with an annual gasoline throughput greater than 200,000 gallons that sells gasoline to the public for use in motor vehicles.

(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 retail gasoline dispensing facility 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 certification requirements 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 certification requirements.

(B) After June 1, 2005, all dual-point Stage 1 vapor recovery systems located at retail gasoline dispensing facilities must be equipped with swivel adapters.

(3) Self-Inspection Requirements

(A) Owners or operators of a retail gasoline dispensing facility must inspect each Stage 1 vapor recovery system no later than 12 hours after each gasoline delivery 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.

(B) Owners or operators of a non-retail gasoline dispensing facility 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.

Table 1(a)

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.

(Some fill tube assemblies may not allow observation of the fill tube gasket except by a service technician.)

Fill tube gasket is damaged or missing.
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.


Table 1(b)

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.


(4) Corrective Action Requirements for Stage 1 Defects

(A) Retail Gasoline Dispensing Facilities

(i) Whenever a Stage 1 defect as described in Table 1(a) or 1(b) is discovered, (including, but not limited to, during a self-inspection, an audit, or an Agency inspection), the owner or operator must repair it as soon as possible, but no later than 24 hours after discovery.

(ii) If the defect cannot be repaired within 24 hours after discovery, the owner or operator must remove the defective tank from service until the defect is repaired.

(B) Non-Retail Gasoline Dispensing Facilities

(i) Whenever a Stage 1 defect as described in Table 1(a) or 1(b) is discovered, (including, but not limited to, during a self-inspection, an audit, or an Agency inspection), the owner or operator must repair it before the next gasoline delivery.

(ii) 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,

time of inspection (retail gasoline dispensing facilities only),

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 - Retail Gasoline Dispensing Facilities

(1) Installation Requirements

(A) Owners or operators of a retail gasoline dispensing facility must install a CARB-certified Stage 2 vapor recovery system on any existing gasoline tank located at a facility where the annual gasoline throughput is greater than 600,000 gallons per year for facilities located in King, Pierce, or Snohomish counties and greater than 840,000 gallons per year for facilities located in Kitsap County, and on any gasoline tank with a rated capacity of more than 1,000 gallons installed after August 2, 1991.

(B) Any person installing a CARB-certified Stage 2 vapor recovery system must install the system in accordance with the CARB certification requirements in effect at the time 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 certification requirements.

(B) All Stage 2 vapor recovery systems installed prior to April 1, 2003 shall be installed, operated, and maintained in accordance with the CARB certification requirements in effect as of April 1, 2003, even if CARB later decertifies the system.

(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.

Table 2(a)

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.
Nozzles

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

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).

Table 2(b)

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. No hole greater than 1/8 of the circumference of the mini-boot, or a slit 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 holes, is kinked or flattened for a length of more than 1/2 the hose diameter, is split or cut exposing 1/4 inch or more of steel belt, or fuel flow direction is incorrect (if marked on the hose).

(4) Corrective Action Requirements for Stage 2 Defects

(A) Whenever a Stage 2 defect as described in Tables 2(a) or 2(b) is discovered (including, but not limited to, during a self-inspection, an audit, or an Agency inspection), the owner or operator must repair it immediately.

(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,

time and date of repair of any defects, and

whether any gasoline dispensing equipment was removed from service prior to repair.

(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 - Retail Gasoline Dispensing Facilities

(1) Owners or operators of retail gasoline dispensing 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) Audit Requirements - Retail Gasoline Dispensing Facilities

(1) Owners or operators of retail gasoline dispensing facilities with Stage 2 vapor recovery systems must obtain an audit of their self-inspection program at least once every 12 months. The audit must be conducted by a person who does not conduct self-inspections at the same facility.

(2) The audit must include the following:

(A) Review of the required records including: training, self-inspections, audits, and testing,

(B) Verification of the gasoline throughput on the registration,

(C) Inspection of the Stage 1 vapor recovery system for defects, and

(D) Inspection of the Stage 2 vapor recovery system for defects.

(3) The person conducting the audit must conduct the audit in accordance with this rule.

(4) After conducting the audit required by this section, the owner or operator must obtain a written audit report that includes:

name and address of person conducting the audit,

date of the audit,

results of the audit including any findings and/or recommendations, and

corrective actions taken by the owner or operator to address the findings and/or recommendations.

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

(g) Stage 2 Testing Requirements - Retail Gasoline Dispensing Facilities

(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) The person performing the tests must conduct the following compliance tests for each Stage 2 vapor recovery system:


Table 3

Required Stage 2 Compliance Tests


Stage 2 Vapor Recovery

Systems

CARB Tests Required CARB Test Procedures Date of Adoption
All

Vapor-Balance

Pressure Decay

Back Pressure

Tank-Tie Test

TP-201.3

TP-201.4

TP-201.3C

March 17, 1999

July 3, 2002

March 17, 1999

All

Vacuum-Assist

Pressure Decay

Back Pressure

Air-to-Liquid Ratio

Tank-Tie Test

TP-201.3

TP-201.4

TP-201.5

TP-201.3C

March 17, 1999

July 3, 2002

February 1, 2001

March 17, 1999

Healy 600

G-70-165

Pressure Decay

Vapor Return Integrity Test

Tank-Tie Test

TP-201.3

G-70-165 Exhibit 4

TP-201.3C

March 17, 1999

April 20, 1995

March 17, 1999

Healy 400 ORVR

G-70-186

Pressure Decay

Fill Neck Pressure Test

Vapor Line Vacuum Integrity Test

Tank-Tie Test

TP-201.3

G-70-186 Exhibit 5

G-70-186 Exhibit 4

TP-201.3C

March 17, 1999

October 26, 1998

October 26, 1998

March 17, 1999

Hirt System

G-70-177-AA

Pressure Decay

Air-to-Liquid Ratio

Tank-Tie Test

TP-201.3

TP-201.5

TP-201.3C

March 17, 1999

February 1, 2001

March 17, 1999


Note: Tank-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. Owners or operators must keep the completed tests on-site and available for inspection.

(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.

(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 at the time of the test. If the defective equipment cannot be repaired within 24 hours of a failed compliance test, the owner or operator must stop receiving and/or dispensing gasoline from the defective equipment until it is repaired. 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, and

any repairs or corrective actions necessary to pass the tests.

(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.

Reviser's note: The typographical error in the above material occurred in the copy filed by the Puget Sound Clean Air Agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

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Washington State Code Reviser's Office