Attachment G-2 - RulemakingLanguageGasStations

The Oregon Administrative Rules contain OARs filed through September 14, 2007

DEPARTMENT OF ENVIRONMENTAL QUALITY

DIVISION 232

EMISSION STANDARDS FOR VOC POINT SOURCES

DIVISION 242

RULES APPLICABLE TO THE PORTLAND AREA

Gasoline Vapors from Gasoline Transfer and
Dispensing Operations

340-242-0520

General Provisions

(1) No owner and/or operator of a gasoline-dispensing facilities shall transfer or allow the transfer of gasoline into a motor vehicle fuel tank at gasoline-dispensing facilities located in Clackamas, Multnomah or Washington Counties whose annual throughput exceeds 600,000 gallons, unless the gasoline-dispensing facility is equipped with a stage II vapor collection system which must be approved by the Department before it is installed.

[NOTES:

-1- Underground piping requirements are described in OAR 340-150-0001 through 340-150-0003 and 40 CFR 280.20(d). Systems installed according to American Petroleum Institute Publication 1615, "Installation of Underground Petroleum Storage System" or Petroleum Equipment Institute Publication RP100, "Recommended Practices for Installation of Underground Liquid Storage Systems" or American National Standards Institute Standard B31.4 "Liquid Petroleum Transportation Piping System" are considered approved systems.

-2- Above-ground stage II equipment requirements are based on systems recently approved in other states with established stage II program. See the Oregon Department of Environmental Quality, Air Quality Division, for the list of approved equipment. Any other proposed equivalent systems must be submitted to the Department of Environmental Quality, Air Quality Division, for approval before installation.]

(2) Owners and/or operators of gasoline-dispensing facilities subject to stage II vapor collection requirements must:

(a) Install all necessary stage II vapor collection and control systems, and make any modifications necessary to comply with the requirements;

(b) Provide adequate training and written instructions to the operator of the affected gasoline-dispensing facility and the gasoline transport vehicle;

(c) Replace, repair or modify any worn or ineffective component or design element to ensure the vapor-tight integrity and efficiency of the stage II vapor collection systems; and

(d) Connect and ensure proper operation of the stage II vapor collection systems whenever gasoline is being loaded, unloaded or dispensed.

(3) Approval of a stage II vapor collection system by the Department does not relieve the owner and/or operator of the responsibility to comply with other applicable codes and regulations pertaining to fire prevention, weights and measures and safety matters.

(4) Regarding installation and testing of piping for stage II vapor collection systems:

(a) Piping shall be installed in accordance with standards in OAR 340 Division 150;

(b) Piping shall be installed by a licensed installation service provider pursuant to OAR 340 Division 160; and

(c) Piping shall be tested prior to being placed into operation by an installation or tank tightness testing service provider licensed pursuant to OAR 340 Division 160.

[NOTE: Test methods are based on methods used in other states with established stage II programs. See the Oregon Department of Environmental Quality, Air Quality Division, for copies of the approved test methods.]

[NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the Environmental Quality Commission under OAR 340-200-0040.]

[Publications: The publication(s) referred to or incorporated by reference in this rule are available from the office of the Department of Environmental Quality.]

Stat. Auth.: ORS 468.020 & ORS 468A.025
Stats. Implemented: ORS 468A.025
Hist.: DEQ 7-1991, f. & cert. ef. 5-7-91 (and corrected 6-7-91); DEQ 4-1993, f. & cert. ef. 3-10-93; DEQ 25-1994, f. & cert. ef. 11-22-94; DEQ 16-1996, f. & cert. ef. 8-14-96; DEQ 20-1998, f. & cert. ef. 10-12-98; DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-022-0402

DIVISION 244

OREGON FEDERAL HAZARDOUS AIR POLLUTANT PROGRAM

Emission Standards for Gasoline Dispensing Facilities

340-244-0232

Purpose

This rule establishes emission limitations and management practices for hazardous air pollutants (HAP) and volatile organic compounds (VOC) emitted from the loading of gasoline storage tanks and dispensing of fuel at gasoline dispensing facilities (GDF). This rule also establishes requirements to demonstrate compliance with the emission limitations and management practices.

340-244-0234

Affected Sources

(1) The affected source to which this rule applies is each GDF. The affected source includes each gasoline cargo tank during the delivery of product to a GDF and also includes each storage tank.(2) This rule does not apply to agricultural operations as defined in ORS 468A.020. Agricultural operations are however required to comply with the Gasoline Dispensing NESHAP (40 CFR part 63 subpart CCCCCC).

(3) All GDFs with tanks of a rated capacity more than 250 gallons must comply with the requirements of OAR 340-244-0240.

(4) The owner or operator of an affected source must also comply with the requirements of OAR 340-244-0242 for the following tanks:

(a) All existing gasoline storage tanks with a rated capacity of more than 1,500 gallons at a GDF located in the Portland AQMA, Medford AQMA, or Salem SATS.

(b) All gasoline storage tanks of more than 250 gallons and installed after January 1, 2009.

(5) An affected source must, upon request by the Department, demonstrate that their average monthly throughput is less than 10,000 or 100,000 gallons, as applicable.

(6) The owner or operator of an affected source, as defined in section (1) of this rule, is not required to obtain a Title V Operating Permit. However, the owner or operator must still apply for and obtain a Title V Operating Permit if meeting one or more of the applicability criteria found in OAR 340-218-0020.

(7) The loading of aviation gasoline storage tanks at airports is not subject to this rule and the aviation gasoline is not included in the gasoline throughput specified in sections (2) through (5) of this rule.

340-244-0236

Affected Equipment or Processes

(1) The emission sources to which this rule applies are gasoline storage tanks and associated equipment components in vapor or liquid gasoline service at new, reconstructed, or existing GDF that meet the criteria specified in OAR 340-244-0234. Pressure/Vacuum vents on gasoline storage tanks and the equipment necessary to unload product from cargo tanks into the storage tanks at GDF are covered emission sources. The equipment used for the refueling of motor vehicles is not covered by this rule.

(2) An affected source is a new affected source if construction commenced on the affected source after November 9, 2006, and the applicability criteria in OAR 340-244-0234 are met at the time operation commenced.

(3) An affected source is reconstructed if meeting the criteria for reconstruction as defined in 40 CFR 63.2.

(4) An affected source is an existing affected source if it is not new or reconstructed.

340-244-0238

Compliance Dates

(1) For a new or reconstructed affected source, the owner or operator must comply with this rule according to subsections (1)(a) and (b) of this rule.

(a) If starting up the affected source before January 10, 2008, the owner or operator must comply with the standards in this rule no later than January 10, 2008.

(b) If starting up the affected source after January 10, 2008, the owner or operator must comply with the standards in this rule upon startup of the affected source.

(2) For an existing affected source, the owner or operator must comply with the standards in this rule by no later than January 10, 2011 except as follows:

(a) For tanks with a capacity between 1,500 and 40,000 gallons and located in the Portland AQMA, Medford AQMA, or Salem SATS, the owner or operator must comply with the standards in OAR 340-244-0242 no later than January 10, 2008.

(b) For tanks located at an affected source located in Clackamas, Multnomah, or Washington County, whose annual throughput exceeds 120,000 gallons, the owner or operator must comply with the standards in OAR 340-244-0242 no later than January 10, 2008.

(3) For an existing affected source that becomes subject to the control requirements in this rule because of an increase in the average monthly throughput, as specified in OAR 340-244-0234(3) or (4), the owner or operator must comply with the standards in this rule no later than 3 years after the affected source becomes subject to the control requirements in this rule.

340-244-0240

Requirements for Facilities with Tanks of a Rated Capacity More than 250 Gallons

(1) The owner or operator must not allow gasoline to be handled in a manner that would result in vapor releases to the atmosphere for extended periods of time. Measures to be taken include, but are not limited to, the following:

(a) Minimize gasoline spills;

(b) Minimize the topping off of vehicle tanks;

(b) Clean up spills as expeditiously as practicable;

(d) Minimize gasoline sent to open waste collection systems that collect and transport gasoline to reclamation and recycling devices, such as oil/water separators.

(e) Ensure that cargo tanks unloading at the GDF comply with subsections (1)(a) through (e) of this rule.

(2) The owner or operator must only load gasoline into storage tanks at the facility by utilizing submerged filling, as defined in OAR 340-244-0030, and as specified in subsection (2)(a) or (2)(b) of this rule.

(a) Submerged fill pipes installed on or before November 9, 2006, must be no more than 12 inches from the bottom of the storage tank.

(b) Submerged fill pipes installed after November 9, 2006, must be no more than 6 inches from the bottom of the storage tank.

(3) The owner or operator must comply with the requirements in section OAR 340-244-0242 for the following tanks:

(a) All existing gasoline storage tanks with a rated capacity of more than 1,500 gallons at a GDF located in the Portland AQMA, Medford AQMA, or Salem SATS.

(b) All gasoline storage tanks of more than 250 gallons and installed after January 1, 2009.

(4) The owner or operator must submit the applicable notifications as required under OAR 340-244-0246.

(5) The owner or operator must have records available within 24 hours of a request by the Department to document gasoline throughput.

(6) The owner or operator must comply with the requirements of this rule by the applicable dates specified in OAR 340-244-0238.

340-244-0242

Requirements for Facilities with Monthly Throughput of 10,000 Gallons of Gasoline or More

(1) Except as provided in section (2) of this rule, the owner or operator of a GDF with monthly throughput of 10,000 gallons of gasoline or more per month, or as required in OAR 340-244-0240(3), must meet the requirements in either subsection (2)(a) or (2)(b) of this rule

(a) Each management practice in Table 4 to this division that applies to the GDF.

(b) If, prior to January 10, 2008, the owner or operator operates a vapor balance system at the GDF that meets the requirements of either paragraph (2)(b)(A) or (2)(b)(B) of this rule, the owner or operator will be deemed in compliance with this section.

(A) Achieves emissions reduction of at least 90 percent.

(B) Operates using management practices at least as stringent as those in Table 4 to this division.

(2) The following gasoline storage tanks are not required to comply with the control requirements in section (1) of this rule.

(a) Gasoline storage tanks with a capacity of less than 250 gallons and constructed after January 10, 2008.

(b) Gasoline storage tanks equipped with floating roofs, or the equivalent.

(3) Cargo tanks unloading at a GDF must comply with the requirements of OAR 340-244-0240(1) and management practices in Table 5 to this division.

(4) When loading a gasoline storage tank equipped with a vapor balance system, connect and ensure the proper operation of the vapor balance system whenever gasoline is being loaded.

(5) In order to ensure that vapor balance equipment is maintained at its highest rate of efficiency, the owner or operator must establish an inspection and maintenance program to discover potential or actual equipment failures.

(6) All equipment associated with the vapor balance system must be maintained to be vapor tight and in good working order.

(7) Replace, repair or modify any worn or ineffective component or design element to ensure the vapor-tight integrity and efficiency of the vapor balance system.

(8) The owner or operator must comply with the applicable testing requirements contained in OAR 340-244-0244.

(9) The owner or operator must submit the applicable notifications as required under OAR 340-244-0246.

(10) The owner or operator must keep records and submit reports as specified in OAR 340-244-0248 and 0250.

(11) The owner or operator must comply with the requirements of this rule by the applicable dates contained in OAR 340-244-0238.

(12) The owner or operator must have records available within 24 hours of a request by the Department to document gasoline throughput.

Testing and Monitoring Requirements

340-244-0244

Testing and Monitoring Requirements

(1) Each owner or operator of a GDF with monthly throughput of 100,000 gallons of gasoline or more, at the time of installation of a vapor balance system required under OAR 340-244-0242(1)(a), and every 3 years thereafter, must comply with the requirements in subsections (1)(a) and (b) of this rule.

(a) The owner or operator must demonstrate compliance with the leak rate and cracking pressure requirements, specified in item 1(g) of Table 4 to this division, for pressure-vacuum vent valves installed on gasoline storage tanks using the test methods identified in paragraph (1)(a)(A) or (B) of this rule.

(A) California Air Resources Board Vapor Recovery Test Procedure TP–201.1E,—Leak Rate and Cracking Pressure of Pressure/Vacuum Vent Valves, adopted October 8, 2003 (incorporated by reference, see 40 CFR 63.14).

(B) Use alternative test methods and procedures in accordance with the alternative test method requirements in 40 CFR 63.7(f).

(b) The owner or operator must demonstrate compliance with the static pressure performance requirement, specified in item 1(h) of Table 4 to this division, for the vapor balance system by conducting a static pressure test on the gasoline storage tanks using the test methods identified in paragraph (1)(b)(A) or (B) of this rule.

(A) California Air Resources Board Vapor Recovery Test Procedure TP–201.3,—Determination of 2-Inch WC Static Pressure Performance of Vapor Recovery Systems of Dispensing Facilities, adopted April 12, 1996, and amended March 17, 1999 (incorporated by reference, see 40 CFR 63.14).

(B) Use alternative test methods and procedures in accordance with the alternative test method requirements in 40 CFR 63.7(f).

(2) Each owner or operator of a GDF with monthly throughput of 100,000 gallons of gasoline or more, choosing, under the provisions of 40 CFR 63.6(g), to use a vapor balance system other than that described in Table 4 to this division must demonstrate to the Department, the equivalency of their vapor balance system to that described in Table 4 to this division using the procedures specified in subsections (2)(a) through (c) of this rule.

(a) The owner or operator must demonstrate initial compliance by conducting an initial performance test on the vapor balance system to demonstrate that the vapor balance system achieves 95 percent reduction using the California Air Resources Board Vapor Recovery Test Procedure TP–201.1,—Volumetric Efficiency for Phase I Vapor Recovery Systems, adopted April 12, 1996, and amended February 1, 2001, and October 8, 2003, (incorporated by reference, see 40 CFR 63.14).

(b) The owner or operator must, during the initial performance test required under subsection (2)(a) of this rule, determine and document alternative acceptable values for the leak rate and cracking pressure requirements specified in item 1(g) of Table 4 to this division and for the static pressure performance requirement in item 1(h) of Table 4 to this division.

Notifications, Records, and Reports

340-244-0246

Notifications

(1) Each owner or operator subject to the control requirements in OAR 340-244-0240(2) must comply with subsections (1)(a) through (c) of this rule.

(a) The owner or operator must submit an Initial Notification that the owner or operator is subject to the Gasoline Dispensing Facilities NESHAP by May 9, 2008, or at the time the owner or operator becomes subject to the control requirements in OAR 340-244-0240(2), unless the owner or operator meets the requirements in subsection (1)(c) of this rule. The Initial Notification must contain the information specified in paragraphs (1)(a)(A) through (C) of this rule. The notification must be submitted to EPA’s Region 10 Office and the Department as specified in 40 CFR 63.13.

(A) The name and address of the owner and the operator.

(B) The address (i.e., physical location) of the GDF.

(C) A statement that the notification is being submitted in response to the Gasoline Dispensing Facilities NESHAP and identifying the requirements in OAR 340-244-0240(1) through (3) that apply to the owner or operator.

(b) The owner or operator must submit a Notification of Compliance Status to EPA’s Region 10 Office and the Department, as specified in 40 CFR 63.13, by the compliance date specified in OAR 340-244-0238 unless the owner or operator meets the requirements in subsection (1)(c) of this rule. The Notification of Compliance Status must be signed by a responsible official who must certify its accuracy and must indicate whether the source has complied with the requirements of OAR 340-244-0232 through 0252. If the facility is in compliance with the requirements of OAR 340-244-0232 through 0252 at the time the Initial Notification required under subsection (1)(a) of this rule is due, the Notification of Compliance Status may be submitted in lieu of the Initial Notification provided it contains the information required under subsection (1)(a) of this rule.

(c) If, prior to January 10, 2008, the owner or operator is operating in compliance with an enforceable State rule or permit that requires submerged fill as specified in OAR 340-244-0240(2), the owner or operator is not required to submit an Initial Notification or a Notification of Compliance Status under subsection (1)(a) or (b) of this rule.

(2) Each owner or operator subject to the control requirements in OAR 340-244-0242 must comply with subsections (2)(a) through (e) of this rule.

(a) The owner or operator must submit an Initial Notification that the owner or operator is subject to the Gasoline Dispensing Facilities NESHAP by May 9, 2008, or at the time the owner or operator becomes subject to the control requirements in OAR 340-244-0242. The Initial Notification must contain the information specified in paragraphs (2)(a)(A) through (C) of this rule. The notification must be submitted to EPA’s Region 10 Office and the Department as specified in 40 CFR 63.13.

(A) The name and address of the owner and the operator.

(B) The address (i.e., physical location) of the GDF.

(C) A statement that the notification is being submitted in response to the Gasoline Dispensing Facilities NESHAP and identifying the requirements in OAR 340-244-0242 that apply to the owner or operator.

(b) The owner or operator must submit a Notification of Compliance Status to EPA’s Regional 10 Office and the Department, as specified in 40 CFR 63.13, by the compliance date specified in OAR 340-244-0238. The Notification of Compliance Status must be signed by a responsible official who must certify its accuracy and must indicate whether the source has complied with the requirements of OAR 340-244-0232 through 0252. If the facility is in compliance with the requirements OAR 340-244-0232 through 0252 at the time the Initial Notification required under subsection (2)(a) of this rule is due, the Notification of Compliance Status may be submitted in lieu of the Initial Notification provided it contains the information required under subsection (2)(a) of this rule.

(c) If, prior to January 10, 2008, the owner or operator satisfies the requirements in both paragraphs (2)(c)(A) and (B) of this rule, the owner or operator is not required to submit an Initial Notification or a Notification of Compliance Status if the owner or operator operates a vapor balance system at the gasoline dispensing facility that meets the requirements of either paragraphs (2)(c)(A) or (B) of this rule.

(A) Achieves emissions reduction of at least 90 percent.

(B) Operates using management practices at least as stringent as those in Table 4 to this division.

(d) The owner or operator must submit a Notification of Performance Test, as specified in 40 CFR 63.9(e), prior to initiating testing required by OAR 340-244-0244(1) and (2).

(e) The owner or operator must submit additional notifications specified in 40 CFR 63.9, as applicable.

340-244-0248

Recordkeeping requirements

(1) Each owner or operator subject to the management practices in OAR 340-244-0242 must keep the following records:

(a) Records of all tests performed under OAR 340-244-0244(1) and (2); and

(b) Records related to the operation and maintenance of the vapor balance equipment. Any vapor balance component defect must be logged and tracked by station personnel on a monthly basis using forms provided by the Department or a reasonable facsimile.

(2) Records required under section (1) of this rule must be kept for a period of 5 years and must be made available for inspection by the Department during the course of a site visit.

340-244-0250

Reporting requirements

(1) Each owner or operator subject to the management practices in OAR 340-244-0242 must report to the Department the results of all volumetric efficiency tests required under OAR 340-244-0244(1) and (2). Reports submitted under this rule must be submitted within 180 days of the completion of the performance testing.

(2) Annual Report. The owner or operator must submit to the Department by February 15 of each year two (2) copies of the following information for the previous calendar year:

(a) The total throughput volume of gasoline, in gallons, of the GDF for the preceding calendar year.

(b) List of permanent changes made at the GDF and vapor balance equipment which may affect emissions.

(d) The fuel supplier(s) for the GDF.

340-244-0252

General Provision applicability

Table 3 to 40 CFR part 63 subpart CCCCCC shows which parts of the General Provisions apply to the owner or operator.