WSR 04-08-042

PERMANENT RULES

PUGET SOUND

CLEAN AIR AGENCY

[ Filed March 31, 2004, 3:33 p.m. , effective October 1, 2004 ]

Date of Adoption: March 25, 2004.

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.

Citation of Existing Rules Affected by this Order: Amending Section 2.07, Regulation II.

Statutory Authority for Adoption: Chapter 70.94 RCW.

Adopted under notice filed as WSR 04-06-051 on March 1, 2004.

Changes Other than Editing from Proposed to Adopted Version: The original proposal was amended to:

1. Clarify that ISD (In Station Diagnostics) equipment is not required.

2. Clarify that installation of EVR equipment, determined by the manufacturer to be interchangeable with the original approved equipment, is permitted.

3. Remove the distinction between retail and nonretail gasoline dispensing facilities.

4. Include a review of the self-inspection program as part of required compliance test.

5. Require testers to provide their qualifications to the agency.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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: October 1, 2004.

March 30, 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 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.

(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.


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) 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.

(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.

(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. 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).

(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 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:

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. 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. 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.

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