(a) After May 16, 2012, the owner or operator of a
newly constructed gasoline dispensing facility is no longer required
to install Stage II vapor controls on its gasoline dispensing equipment
in any county in the state of Texas. Gasoline dispensing facilities
that did not have Stage II vapor controls as of May 16, 2012, due
to a confirmed exemption because of low monthly throughput or low
average monthly throughput are not subject to the requirements of
this division.
(b) The owner or operator of every gasoline dispensing
facility that has installed Stage II vapor controls shall complete
decommissioning of Stage II vapor controls no later than August 31,
2018.
(c) All owners or operators of gasoline dispensing
facilities decommissioning installed Stage II vapor controls shall
comply with the requirements of §115.241 of this title (relating
to Decommissioning of Stage II Vapor Recovery Equipment).
(d) Until the owner or operator of a gasoline dispensing
facility decommissions Stage II vapor recovery controls that are installed
at the gasoline dispensing facility, the owner or operator shall be
subject to the following requirements of this section as well as the
requirements of this division.
(1) All installed Stage II vapor recovery systems must
be certified by a California Air Resources Board (CARB) Executive
Order in effect as of January 1, 2002, (as specified in §115.240(b)
of this title (relating to Stage II Vapor Recovery Definitions and
List of California Air Resources Board Certified Stage II Equipment));
or certified by a CARB Executive Order in effect after January 1,
2002, except that the executive director reserves the right to continue
to recognize any CARB Executive Orders decertified after January 1,
2002; or certified by an alternative procedure that meets the requirements
specified in §115.243 of this title (relating to Alternate Control
Requirements). In addition:
(A) Stage II vapor recovery balance systems that include
vapor check valves in a location other than the nozzle may not be
installed;
(B) Stage II vapor recovery systems that include dual-hang
(non-coaxial) hoses may not be installed; and
(C) all Stage II vapor recovery systems must be onboard
refueling vapor recovery (ORVR) compatible, as defined in §115.240
of this title.
(2) All underground piping must be installed by a person
holding a valid License A as defined in §§334.401, 334.407,
and 334.424 of this title (relating to License and Registration Required;
Other Requirements for an Underground Storage Tank Contractor; and
Other Requirements for an On-Site Supervisor). Piping specifications
must be in compliance with the applicable CARB Executive Order(s)
or third-party certification for the Stage II vapor recovery system.
For any facility newly constructed after November 15, 1993, or at
any facility undergoing a major modification to the Stage II vapor
recovery system after November 15, 1993, the following requirements
apply where piping specifications are not provided in the applicable
CARB Executive Order(s) or third-party certification.
(A) All underground piping must be constructed of rigid
material and conform to the applicable portions of the technical standards
for new piping defined by §334.45(c) and (e) of this title (relating
to Technical Standards for New Underground Storage Tank Systems).
(B) Noncorrodible piping or cathodically protected
metallic piping must be used. In the event metallic piping is used,
the applicable portions of the general requirements for corrosion
protection defined by §334.49(a)(1) - (5) and (c)(1) - (4) of
this title (relating to Corrosion Protection) apply.
(C) Minimum slope on vapor piping must be 1/8 inch
per foot from the dispenser to the storage tank. Piping installed
after January 1, 2002, must not include liquid collection points (condensate
traps) unless the associated underground storage tanks:
(i) were installed prior to November 15, 1992; and
(ii) are not at sufficient depth to allow for minimum
slope requirements.
(D) Vapor piping on balance systems must be two inches
or greater in diameter, and when there are more than four fueling
points connected to one vapor line, the minimum vapor piping size
must be three inches in diameter. For the purposes of this paragraph,
a single nozzle dispenser constitutes one fueling point and a multi-nozzle
dispenser constitutes two fueling points.
(E) Riser piping must have a minimum inside diameter
of one inch and must slope towards the storage tank at all points.
Riser piping is defined as the predominantly vertically oriented vapor
recovery piping that enters the gasoline dispenser base, which connects
the dispenser mounted piping with the buried vapor recovery piping
that leads to one or more storage tanks.
(F) If a fire protection agency with jurisdiction requires
a vapor shear valve on the vapor return line at the base of a dispenser,
the shear valve must be CARB-certified and/or Underwriters Laboratories
listed for use in vapor recovery systems.
(3) The owner or operator shall maintain the Stage
II vapor recovery system in proper operating condition, as specified
by the manufacturer and/or any applicable CARB Executive Order(s)
or third-party certification, and free of defects that would impair
the effectiveness of the system, including, but not limited to:
(A) absence or disconnection of any component that
is a part of the approved system;
(B) a vapor hose that is crimped or flattened such
that the vapor passage is blocked, or the backpressure through the
vapor system exceeds the value as certified in the approved system's
CARB Executive Order(s) or third-party certification;
(C) a nozzle boot that is torn in one or more of the
following ways:
(i) a triangular-shaped or similar tear more than 1/2
inch on a side;
(ii) a hole more than 1/2 inch in diameter; or
(iii) a slit more than one inch in length;
(D) for balance nozzles, a faceplate that is damaged
such that the capability to achieve a seal with a fill pipe interface
is affected for a total of at least one-fourth of the circumference
of the faceplate;
(E) for booted nozzles in vacuum assist type systems,
a flexible cone for which a total of at least one-fourth of the cone
is damaged or missing;
(F) a nozzle shut-off mechanism that malfunctions in
any manner;
(G) vapor return lines, including such components as
swivels, anti-recirculation valves, and underground piping, that malfunction,
are blocked, or are restricted such that the pressure decay and/or
dynamic backpressure through the line exceeds the value as certified
in the approved system's CARB Executive Order(s) or third-party certification;
(H) a vapor processing or control unit that is inoperative
or defective;
(I) a vacuum producing device that is inoperative or
defective;
(J) pressure/vacuum relief valves, vapor check valves,
or Stage I dry breaks that are inoperative or defective;
(K) a system monitor or printer that is malfunctioning
or out of paper;
(L) a nozzle, hose, break-away, or any other component
that is not approved for use with the certified vapor recovery system
in use; and
(M) any equipment defect that is identified in the
certification of an approved system as substantially impairing the
effectiveness of the system in reducing refueling vapor emissions.
(4) No gasoline leaks, as detected by sampling, sight,
sound, or smell, exist anywhere in the dispensing equipment or Stage
II vapor recovery system.
(5) Upon identification of any of the defects described
in paragraphs (3) and (4) of this subsection, the owner or operator
or his or her representative shall remove from service all dispensing
equipment for which vapor recovery has been impaired. The impaired
equipment must remain out of service until such time as the equipment
has been properly repaired, replaced, or adjusted, as necessary. Once
repaired, the equipment may be returned to service by the owner or
operator or his or her representative.
(6) Upon identification of any of the defects described
in paragraphs (3) and (4) of this subsection, any inspector with jurisdiction
shall tag the impaired equipment out-of-order. The "Out-of-Order"
tag must state "use of this device is prohibited under state law,
and unauthorized removal of this tag or use of this equipment will
constitute a violation of the law punishable by a maximum civil penalty
of up to $25,000 per day or a maximum criminal penalty of $50,000
and/or up to 180 days in jail." The impaired equipment must remain
out of service until such time as the equipment has been properly
repaired, replaced, or adjusted, as necessary. After repairs are completed
and verbal notification is given to the agency that originally tagged
the equipment out of service, the "Out-of-Order" tag may be removed
by the owner or operator or the facility representative and the Cont'd... |