Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 118 - GASOLINE DISPENSING FACILITIES VAPOR CONTROL

SUMMARY: This regulation requires control of gasoline vapors emitted during the transfer of gasoline from tank trucks to stationary gasoline storage tanks (Stage I) and from the refueling of automobiles (Stage II) at gasoline dispensing facilities.

BASIS STATEMENT FOR JUNE 22, 1994

Nine counties in the State of Maine exceed the national ambient air quality standard for ozone, a ground-level smog which causes health problems in humans. Ozone is formed in part by volatile organic compounds (VOC) contained in gasoline vapors that react in the presence of sunlight. Section 182(b)(3) of the Clean Air Act Amendments of 1990 mandate the control of VOC contained in gasoline vapors that are emitted during the transfer of gasoline between gasoline storage tanks at gasoline dispensing facilities and delivery tank trucks.

All gasoline dispensing facilities located in the State are required to install submerged fill pipes on their gasoline storage tanks by May 31, 1995. Gasoline dispensing facilities with a monthly throughput of 10,000 gallons or more in any one month and with storage tanks of 250 gallons or more are required to install by May 31, 1995, a Stage I vapor control system, which is a vapor tight system of fittings and connections between the storage tank and tank truck.

This regulation will control 95% or more of the total VOC emitted during the transfer of gasoline between delivery tank trucks and storage tanks at gas stations.

The cost of submerged fill pipes is approximately $50 per gasoline storage tank or $100 per station. The cost to retrofit a service station with a coaxial Stage I system is approximately $1524.

In addition to the Basis Statement above, the Department has filed with the Secretary of State its response to comments received during the public comment period.

BASIS STATEMENT FOR JULY 19, 1995

Section 182(b)(1) of the Clean Air Act Amendments requires that states identify and adopt strategies which will reduce 1990 VOC emissions by at least 15% to attain the National Ambient Air Quality Standard for ozone by November 15, 1996. As part of that plan, Stage II vapor recovery is required in York, Cumberland, and Sagadahoc counties since they have not attained the federal ozone standard. In order to achieve the required emission reductions, the Stage II requirements apply to facilities with an annual throughput of 1,000,000 gallons or more.

BASIS STATEMENT FOR JANUARY 6, 2011

In 2007, the Maine Legislature enacted 38 MRSA Section585-E, which repeals the Stage II vapor recovery requirements effective January 1, 2012. The amendments to Chapter 118 implement the statutory requirement to repeal the Stage II vapor recovery program and add references to the Stage I requirements of the NESHAPS to help clarify for sources that they must meet both the NESHAPS and Chapter 118 requirements.

The amendments repeal the Stage II requirement as of January 1, 2012, and require the removal and/or discontinuance of Stage II vapor controls no later than January 1, 2013. Since the proper discontinuance of Stage II controls is essential to prevent unintended volatile organic compound (VOC) emissions, the Department has developed a closure protocol for ensuring that discontinued Stage II piping is drained of liquid fuel, and all piping is properly capped and tested for vapor tightness (detailed in Appendix A).

In addition to the Basis Statement above, the Department has filed with the Secretary of State its response to comments received during the public comment period.

AUTHORITY: 38 M.R.S.A. Sections585, 585-A