Environmental Quality, Air Quality

Rule R307-328

Gasoline Transfer and Storage

Notice of Proposed Rule

(Amendment)

DAR File No.: 34349
Filed: 01/06/2011 06:33:12 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Rule R307-328 establishes the Stage I Vapor Recovery requirements for the State of Utah. Stage I gasoline vapor recovery systems are designed to capture the vapors expelled from an underground storage tank (UST) at a gas station when it is being filled. In this process, as gasoline is dispensed into the UST, excess vapors from the UST are transferred back into the tank truck and returned to the tank farm or loading facility where they are reprocessed or burned. Section R307-328-6 requires delivery trucks that service gas stations throughout Utah to be vapor tight and equipped to recover vapors and return them to the loading facilities. The delivery trucks are required to be tested annually between December 1st and May 1st to ensure that they are vapor tight. In 2009, the Utah Petroleum Marketers and Retailers Association requested a rule change to eliminate the December 1st - May 1st testing window and allow testing year round. Trucking companies were finding it difficult to complete the testing on all of their trucks during the five-month window. In addition, winter is the most difficult time to test and repair trucks because of poor weather conditions. Utah Division of Air Quality (UDAQ) staff reviewed the proposal and determined that there were other reasons to eliminate the five-month testing window. 1) The Maximum Achievable Control Technology (MACT) rule for Gasoline Distribution Facilities (Bulk Gasoline Terminals and Pipeline Breakout Stations), 40 CFR Part 63 Subpart R, requires an annual vapor tightness test for most of the delivery trucks that are subject to Rule R307-328. The MACT does not establish a testing window. It would be more efficient to align with the MACT testing schedule, allowing the owners and operators of these trucks to test trucks when they were scheduled for other maintenance, rather than waiting until the five-month testing window. 2) The five-month testing window causes difficulties for out-of-state trucks that are certified under the MACT, but are not allowed to refuel at Utah refineries because they were not tested within the five-month window. 3) The five-month testing window might be counterproductive in some cases because trucks are not tested in the middle of the summer and leaking trucks may not be identified until the following winter. 4) VOC emissions from tanker trucks may be important outside of the traditional ozone season of May - September. EPA has proposed expanding the ozone season in Utah to include the months of April and October, and elevated ozone values have been monitored during the middle of winter in the Uintah Basin. Technical work in support of the PM2.5 SIP has also identified VOC as an important precursor for PM2.5 during winter temperature inversions.

Summary of the rule or change:

The proposed amendments include the following changes: eliminate the five-month testing window, and instead reference the MACT requirements for an annual test; replace the current leak tightness standard (pressure change of three inches H2O over five minutes) with the more stringent MACT standard (pressure change of one inch H2O over five minutes); and remove the reference to the vapor testing procedures in Rule R307-342 and instead rely on the MACT standard that uses federal Method 27. (DAR NOTE: the proposed repeal of Rule R307-342 is under DAR No. 34348 in this issue, February 1, 2011, of the Bulletin.)

State statutory or constitutional authorization for this rule:

• Section 19-2-101
• Subsection 19-2-104(1)(a)

This rule or change incorporates by reference the following material:

• Adds 40 CFR Subpart 63.425(e), published by Government Printing Office, July 1, 2009
• Adds 40 CFR Subpart 63.421, published by Government Printing Office, July 1, 2009

Anticipated cost or savings to:

the state budget:

A possible time savings may be incurred due to the removal of duplicative requirements. No other cost or savings is anticipated for the state budget as this amendment does not create any new requirements.

local governments:

No cost or savings is anticipated for local government as this amendment does not create any new requirements.

small businesses:

A possible savings may be incurred by small businesses due to the allowance of testing of gasoline cargo tanks over a longer period of time rather that all at once, and a possible time savings due to the removal of duplicative requirements. A possible cost may be incurred if gasoline cargo tanks do not currently meet the more stringent MACT standard.

persons other than small businesses, businesses, or local governmental entities:

A possible savings may be incurred by persons other than small businesses, businesses, or local government entities due to the allowance of testing of gasoline cargo tanks over a longer period of time rather that all at once, and a possible time savings due to the removal of duplicative requirements. A possible cost may be incurred if gasoline cargo tanks do not currently meet the more stringent MACT standard.

Compliance costs for affected persons:

A possible cost may be incurred if gasoline cargo tanks do not currently meet the more stringent MACT standard.

Comments by the department head on the fiscal impact the rule may have on businesses:

A possible savings may be incurred by affected persons due to the allowance of testing of gasoline cargo tanks over a longer period of time rather that all at once, and a possible time savings due to the removal of duplicative requirements. A possible cost may be incurred if gasoline cargo tanks do not currently meet the more stringent MACT standard.

Amanda Smith, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Environmental Quality
Air Quality
195 N 1950 W
SALT LAKE CITY, UT 84116-3085

Direct questions regarding this rule to:

• Kimberly Kreykes at the above address, by phone at 801-536-4042, by FAX at 801-536-4099, or by Internet E-mail at kkreykes@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

03/03/2011

This rule may become effective on:

04/06/2011

Authorized by:

Bryce Bird, Planning Branch Manager

R307. Environmental Quality, Air Quality.

R307-328. Gasoline Transfer and Storage.

R307-328-1. Purpose.

The purpose of R307-328 is to establish Reasonably Available Control Technology (RACT) for control of gasoline vapors during the filling of [gasoline transport vehicles]gasoline cargo tank and storage tanks in Utah. The rule is based on federal control technique guidance documents. This requirement is commonly referred to as stage I vapor recovery.

 

R307-328-2. Applicability.

(1) [Transport Vehicles]Gasoline Cargo Tanks. R307-328 applies to the owner or operator of any [gasoline tank truck, railroad tank car, or other gasoline transport vehicle]gasoline cargo tank that loads or unloads gasoline in Utah.

(2) Gasoline Dispensing. R307-328 applies to the owner or operator of any bulk terminal, bulk plant, stationary storage container, or service station located in Utah that dispenses 10,000 gallons or more in any one calendar month.

(3) This rule applies to all [transport vehicles]gasoline cargo tanks and gasoline dispensing facilities that operate within Utah according to the compliance schedule defined in section 328-9 of this rule.

 

R307-328-3. Definitions.

The following additional definitions apply to R307-328.

"Bottom Filling" means the filling of a tank through an inlet at or near the bottom of the tank designed to have the opening covered by the liquid after the pipe normally used to withdraw liquid can no longer withdraw any liquid.

[ "Qualified contractor" means a contractor who has been qualified by the executive secretary in accordance with R307-342 to perform vapor tightness tests on gasoline transport vehicles.

] "Submerged Fill Pipe" means any fill pipe with a discharge opening which is entirely submerged when the liquid level is 6 inches above the bottom of the tank and the pipe normally used to withdraw liquid from the tank can no longer withdraw any liquid.

"Gasoline cargo tank" means gasoline cargo tank as defined in 40 CFR 63.421, effective as of the date referenced in R307-101-3, is hereby adopted and incorporated by reference.

 

R307-328-4. Loading of Tank Trucks, Trailers, Railroad Tank Cars, and Other Transport Vehicles.

(1) No person shall load or permit the loading of gasoline into any gasoline cargo tank[tank truck, trailer, railroad tank car, or other transport vehicle] unless the emissions from such vehicle are controlled by use of a vapor collection and control system and submerged or bottom filling. RACT shall be required and in no case shall vapor emissions to the atmosphere exceed 0.640 pounds per 1,000 gallons transferred.

(2) Such vapor collection and control system shall be properly installed and maintained.

(3) The loading device shall not leak.

(4) The loading device shall utilize the dry-break loading design couplings and shall be maintained and operated to allow no more than an average of 15 cc drainage per disconnect for 5 consecutive disconnects.

(5) All loading and vapor lines shall be equipped with fittings which make a vapor tight connection and shall automatically close upon disconnection to prevent release of the organic material.

(6) A gasoline storage and transfer installation that receives inbound loads and dispatches outbound loads ("bulk plant") need not comply with R307-328-4 if it does not have a daily average throughput of more than 3,900 gallons (15,000 or more liters) of gasoline based upon a 30-day rolling average. Such installations shall on-load and off-load gasoline by use of bottom or submerged filling or alternate equivalent methods. The emission limitation is based on operating procedures and equipment specifications using Reasonably Available Control Technology as defined in EPA documents EPA 450/2-77-026 October 1977, "Control of Hydrocarbons from Tank Truck Gasoline Loading Terminals," and EPA-450/2-77-035 December 1977, "Control of Volatile Organic Emissions from Bulk Gasoline Plants." The design effectiveness of such equipment and the operating procedures must be documented and submitted to and approved by the executive secretary.

(7) Hatches of gasoline cargo tanks[transport vehicles] shall not be opened at any time during loading operations except to avoid emergency situations or during emergency situations. Pressure relief valves on storage tanks and gasoline cargo tanks[transport vehicles] shall be set to release at the highest possible pressure, in accordance with State or local fire codes and National Fire Prevention Association guidelines. Pressure in the vapor collection system shall not exceed the gasoline cargo tank[transport vehicle] pressure relief setting.

(8) Each owner or operator of a gasoline storage or dispensing installation shall conduct testing of vapor collection systems used at such installation and shall maintain records of all tests for no less than two years. Testing procedures of vapor collection systems shall be approved by the executive secretary and shall be consistent with the procedures described in the EPA document, "Control of Volatile Organic Compound Leaks from Gasoline Tank Trucks and Vapor Collection Systems," EPA-450/2-78-051.

(9) Semi-annual testing shall be conducted and records maintained of such test. The frequency of tests may be altered by the executive secretary upon submittal of documentation which would justify a change.

(10) The vapor collection and vapor processing equipment shall be designed and operated to prevent gauge pressure in the gasoline cargo tank[delivery vessel] from exceeding 18 inches of water and prevent vacuum from exceeding 6 inches of water. During testing and monitoring, there shall be no reading greater than or equal to 100 percent of the lower explosive limit measured at 1.04 inches around the perimeter of a potential leak source as detected by a combustible gas detector. Potential leak sources include, but are not limited to, piping, seals, hoses, connections, pressure or vacuum vents, and vapor hoods. In addition, no visible liquid leaks are permitted during testing or monitoring.

 

R307-328-5. Stationary Source Container Loading.

(1) No person shall transfer or permit the transfer of gasoline from any gasoline cargo tank[delivery vessel (i.e. tank truck or trailer)] into any stationary storage container with a capacity of 250 gallons or greater unless such container is equipped with a submerged fill pipe that extends to no more than twelve inches from the bottom of the storage tank for fill pipes installed on or before November 9, 2006, and no more than six inches form the bottom of the storage tank for fill pipes installed after November 9, 2006, and at least 90 percent of the gasoline vapor, by weight, displaced during the filling of the stationary storage container is prevented from being released to the atmosphere. This requirement shall not apply to:

(a) the transfer of gasoline into any stationary storage container of less than 550 gallons used primarily for the fueling of implements of husbandry if such container is equipped with a permanent submerged fill pipe;

(b) the transfer of gasoline into any stationary storage container having a capacity of less than 2,000 gallons which was installed prior to January 1, 1979, if such container is equipped with a permanent submerged fill pipe;

(c) the transfer of gasoline to storage tanks equipped with floating roofs or their equivalent which have been approved by the executive secretary.

(2) The 90 percent performance standard of the vapor control system shall be based on operating procedures and equipment specifications. The design effectiveness of such equipment and the operating procedure must be documented and submitted to and approved by the executive secretary.

(3) Each owner or operator of a gasoline storage tank or the owner or operator of the gasoline cargo tank[delivery vessel] subject to (1) above shall install vapor control equipment, which includes, but is not limited to:

(a) vapor return lines and connections sufficiently free of restrictions to allow transfer of vapor to the gasoline cargo tank[delivery vessel] or to the vapor control system, and to achieve the required recovery;

(b) a means of assuring that the vapor return lines are connected to the gasoline cargo tank[delivery vessel], or vapor control system, and storage tank during tank filling;

(c) restrictions in the storage tank vent line designed and operated to prevent:

(i) the release of gasoline vapors to the atmosphere during normal operation; and

(ii) gauge pressure in the gasoline cargo tank[delivery vessel] from exceeding 18 inches of water and vacuum from exceeding 6 inches of water.

 

R307-328-6. Gasoline Cargo Tank[Transport Vehicles].

(1) Gasoline cargo tanks[transport vehicles] must be designed and maintained to be vapor tight during loading and unloading operations as well as during transport, except for normal pressure venting required under United States Department of Transportation Regulations.

(2) The design of the vapor recovery system shall be such that when the gasoline cargo tank[delivery tank] is connected to an approved storage tank vapor recovery system or loading terminal, 90% vapor recovery efficiencies are realized. The connectors of the [delivery tanks]gasoline cargo tanks shall be compatible with the fittings on the fill pipes and vapor vents at the storage containers and gasoline loading terminals where the [delivery tank]gasoline cargo tank will service or be serviced. Adapters may be used to achieve compatibility.

(3) No person shall knowingly allow the introduction of gasoline into, dispensing of gasoline from, or transportation of gasoline in a gasoline cargo tank that does not meet the leak tight testing requirements of R307-328-7[transport vehicle without a current Utah Vapor Tightness Certificate].

(4) A vapor-laden gasoline cargo tank[transport vehicle] may be refilled only at installations equipped to recover, process or dispose of vapors. [Transport vehicles]Gasoline cargo tanks that only service locations with storage containers specifically exempted from the requirements of R307-328-5 need not be retrofitted to comply with R307-328-6(1)-(3) above, provided such [transport vehicles]gasoline cargo tanks are loaded through a submerged fill pipe or equivalent equipment provided the design and effectiveness of such equipment are documented and submitted to and approved by the executive secretary.

 

R307-328-7. [Leak Tight]Vapor Tightness Testing.

(1) Gasoline cargo tanks [tank trucks] and their vapor collection systems shall be tested annually for leakage in accordance with the test methods and vapor tightness standards in 40 CFR 63.425(e), effective as of the date referenced in R307-101-3, which are hereby incorporated by reference.[by a qualified contractor using procedures approved by the executive secretary and consistent with the procedures described in R307-342.

(2) Gasoline tank trucks and their vapor collection systems shall be tested for leakage annually between December 1 and May 1.

(3) The tank shall not sustain a pressure change of more than 750 pascals (3 inches of H ₂ O) in five minutes when pressurized (by air or inert gas) to 4500 pascals (18 inches of H ₂ O) or evacuated to 1500 pascals (6 inches of H ₂ O).

(4) No visible liquid leaks are permitted during testing.

(5) Gasoline tank trucks shall be certified leak tight at least annually by a qualified contractor approved by the executive secretary.]

([6]2) Each owner or operator of a gasoline cargo tank [truck] shall have documentation in their[his] possession demonstrating that the gasoline cargo tank has passed the annual test in (1) above within the preceding twelve months.[a valid vapor tightness certification, which:

(a) shows the date that the gasoline tank truck last passed the Utah vapor tightness certification test; and

(b) shows the identification number of the gasoline tank truck.]

([7]3) [Records of certification inspections]The vapor tightness documentation described in (2), as well as record of any maintenance performed, shall be retained by the owner or operator of the gasoline cargo tank[tank truck] for a two year period and be available for review by the executive secretary or the executive secretary's representative.

 

R307-328-8. Alternate Methods of Control.

(1) Any person may apply to the executive secretary for approval of an alternate test method, an alternate method of control, an alternate compliance period, an alternate emission limit, or an alternate monitoring schedule. The application must include a demonstration that the proposed alternate produces an equal or greater air quality benefit than that required by R307-328, or that the alternate test method is equivalent to that required by these rules. The executive secretary shall obtain concurrence from EPA when approving an alternate test method, an alternate method of control, an alternate compliance period, an alternate emission limit, or an alternate monitoring schedule.

(2) Manufacturer's operational specifications, records, and testings of any control system shall use the applicable EPA Reference Methods of 40 CFR Part 60, the most recent EPA test methods, or EPA-approved state methods, to determine the efficiency of the control device. In addition, the owner or operator must meet the applicable requirements of record keeping for any control device. A record of all tests, monitoring, and inspections required by R307-328 shall be maintained by the owner or operator for a minimum of 2 years and shall be made available to the executive secretary or the executive secretary's representative upon request. Any malfunctioning control device shall be repaired within 15 calendar days after it is found by the owner or operator to be malfunctioning, unless otherwise approved by the executive secretary.

(3) For purposes of determining compliance with emission limits, volatile organic compounds and nitrogen oxides will be measured by the test methods identified in federal regulation or approved by the executive secretary. Where such a method also inadvertently measures compounds with negligible photochemical reactivity, an owner or operator may exclude these negligibly reactive compounds when determining compliance with an emissions standard.

 

R307-328-9. Compliance Schedule.

(1) Effective May 1, 2000, all Facilities located in Davis, Salt Lake, Utah, and Weber Counties shall be in compliance with this rule.

(2) All other facilities located in Utah, shall be in compliance with this rule according to the following phase-in schedule:

(a) Facilities located in Box Elder, Cache, Tooele and Washington Counties shall be in compliance with this rule by April 30, 2009.

(b) Facilities located in Emery, Iron, Juab, Millard, Sevier, Summit and Uintah Counties shall be in compliance with this rule by April 30, 2010.

(c) All facilities located in Utah shall be in compliance with this rule by April 30, 2011.

(3) If this implementation schedule results in a scheduling and/or financial hardship for an individual facility, that facility may request a six-month extension from the Executive Secretary of the Utah Air Quality Board. A maximum of two six-month extensions may be granted. Regardless of extension requests submitted, all facilities must be in compliance with this rule not later than April 30, 2011.

(4) A request for an extension must be documented and contain valid reasons why a facility will not able to meet the phase-in schedule indicated in (2)(a) or (b) above. A late start on preparation or planning is not a valid reason to grant an extension. The request for extension must also contain a proposed implementation schedule that shows compliance to this rule at the earliest possible date, but no later than April 30, 2011.

(5) The vapor tightness testing standard in R307-328-7(1) shall apply to tests conducted after April 6, 2011. All gasoline cargo tanks shall be tested using the vapor tightness testing standard in R307-328-7(1) by April 6, 2012.

 

R307-328-10. Authorized Contractors.

(1) All modifications performed on underground storage tanks regulated by Title 19, Chapter 6, Part 4, the Utah Underground Storage Tank Act, to bring them into compliance with R307-328, shall be performed by contractors certified under R311-201.

 

KEY: air pollution, gasoline transport, ozone

Date of Enactment or Last Substantive Amendment: [November 10, 2008]2011

Notice of Continuation: March 15, 2007

Authorizing, and Implemented or Interpreted Law: 19-2-101; 19-2-104(1)(a)