(1)
Organic Material Storage
Tanks. No person who owns, leases, operates or controls a storage
tank with a capacity equal to or greater than 40,000 gallons, into which
organic material having a vapor pressure of 1.5 pounds per square inch absolute
or greater under actual storage conditions, is placed, stored, or held shall
store, hold or otherwise transfer the organic material in the storage tank
unless:
(a) each tank is equipped with a
submerged fill pipe; and,
(b) each
tank not equipped with an external floating roof (
see310 CMR
7.24(1)(c)) is equipped with one of the following control devices:
1. a pressure tank system which maintains
pressure at all times so as to prevent organic material loss to the atmosphere;
or,
2. a vapor recovery system
which collects all of the organic vapors emitted from the tank, and a vapor
control system which reduces emissions of vapors to the atmosphere by at least
95% over every three hour period; or
3. if the tank does not store organic
material with a true vapor pressure greater than 11.0 psia under actual storage
conditions, then a fixed roof and a floating roof consisting of a pontoon,
double deck, or internal floating roof which rests on the surface of the liquid
contents and is equipped with a closure seal, or seals, to close the space
between the roof edge and tank wall, and tank gauging and sampling devices
which are gas tight except when in use; or,
4. any other equipment equal to or greater in
efficiency than listed in 310 CMR 7.24(1)(b)2. and approved by the Department
and EPA; and
(c) on or
after November 1, 1984, each external floating roof tank is equipped with an
external floating roof of a pontoon, double deck, or external floating cover
design, which rests on the surface of the liquid contents; and is fitted with a
primary seal and a continuous secondary seal which seals the space between the
edge of the floating roof and the tank wall; and stores organic material which
has a vapor pressure less than 11.0 pounds per square inch absolute under
actual storage conditions; and all tank gauging or sampling devices are gas
tight except when in use; and,
(d)
each of the seal(s) required by 310 CMR 7.24(1)(b)3. and 310 CMR 7.24(1)(c)
meet the following requirements, where applicable:
1. there are no visible holes, tears, or
other openings in the seal(s) or seal fabric; and,
2. the seal(s) is intact and uniformly in
place around the circumference of the floating roof between the floating roof
and the tank wall; and,
3. for
vapor mounted primary seals on any external floating roof tank, the accumulated
area of gaps between the secondary seal and the tank wall which exceed 0.32 cm
(c in.) in width do not exceed 21.2 square cm per meter of tank diameter (1.0
square in per ft of tank diameter), as determined by 310 CMR 7.24(1)(k);
and
4. measurement of the gap in
the secondary seal is made annually, and such measurement complies with 310 CMR
7.24(1)(d)3.; and,
5. a visual
inspection of the secondary closure seal is conducted semi-annually;
and,
6. an inspection of internal
floating roofs is conducted through the roof hatches monthly; and,
7. an inspection of cover and seal for
internal floating roofs is conducted whenever the tank is emptied for
nonoperational reasons or once every ten years whichever is sooner;
and,
(e) all openings in
a floating roof, except for automatic bleeder vents, rim space vents, and leg
sleeves, are:
1. equipped with covers, seals,
or lids which are kept closed except when the openings are in actual use;
and,
2. equipped with projections
into tank which remain below-the-liquid surface at all times; and
(f) automatic bleeder vents are
kept closed except when the roof is being floated off of, or being landed on,
the roof leg supports; and,
(g) rim
vents are set to open when the roof is being floated off the leg supports, or
at the manufacture recommended setting; and,
(h) emergency roof drains are provided with
slotted membrane fabric covers or equivalent covers which cover at least 90% of
the area of the opening; and,
(i)
Recordkeeping and Reporting. for any tank with a
capacity of 40,000 gallons or more which contains an organic liquid with a true
vapor pressure greater than 1.5 psia, records are prepared, maintained and kept
onsite for a minimum of two years: of the average monthly storage temperature;
of the true vapor pressure, monthly throughput and type of organic material
stored; of any inspections or tests conducted under 310 CMR 7.24(1)(d)4.
through 7.; of any transfers made; and of any maintenance of the vapor
processing system; and,
(j) for any
tank with a capacity in excess of 40,000 gallons which is equipped with an
external floating roof and which contains any organic material with a vapor
pressure greater than 1.0 psia but less than 1.5 psia under actual storage
conditions, records are maintained and kept for a minimum of two years; of the
average monthly storage temperature and the type of liquid stored and its vapor
pressure; and
(k) the total area of
gaps under 310 CMR 7.24(1)(d)3. is determined by physically measuring the
length and width of all gaps around the entire circumference of the secondary
seal in each place where a c in. uniform diameter probe passes freely (without
forcing or binding against the seal) between the seal and the tank wall, and
summing the area of the individual gaps; any person who proposes to conduct
this test shall notify the Department at least 30 days before the test so the
Department may, at its option, observe the test.
(l)310 CMR 7.24(1)(a) through 310 CMR
7.24(1)(k) do not apply to petroleum liquid storage tanks which are used to
store waxy, heavy pour crude oil, or which have a capacity less than 416,000
gallons and are used to store produced crude oil and condensate prior to lease
custody transfer.
(2)
Bulk Terminals and Bulk Plants.
(a) U Bulk Terminals No person who owns,
leases, operates or controls a bulk terminal shall cause, suffer, allow or
permit the transfer into a tank truck, trailer or other contrivance of any
organic material with a vapor pressure of 1.5 psia or greater under actual
storage conditions unless:
1. each loading
rack at the bulk terminal is equipped with a vapor collection and disposal
system, which has been installed and is maintained and operated in accordance
with the operating instructions of the manufacturer; and,
2. any vapor discharged during transfer of
the organic material is collected and disposed of by the vapor collection and
disposal system; and,
3. the amount
of organic material released to the ambient air is less then 80 milligrams per
liter of liquid loaded or unloaded over a six hour period, as determined by the
reference method and test procedures found in Title
40 CFR
60.503(c) and
60.503(d);
and,
4. any transfer of organic
material takes place through a submerged fill pipe; and,
5. each loading rack at the bulk terminal is
equipped with a loading arm which has a vapor collection adaptor designed,
maintained and operated to force a vapor-tight seal between the adaptor and
hatch; and,
6. each loading rack at
the bulk terminal has a means to:
a. prevent
any remaining liquid organic material from draining when the loading rack is
disconnected from the hatch of any tank truck, trailer or other contrivances:
or,
b. accomplish complete drainage
of any remaining organic material before the loading rack is disconnected from
the hatch of any tank truck, trailer or other contrivance; or,
c. if loading is effected through means other
than a hatch, then all loading and vapor lines shall be equipped with fittings
which make vapor-tight connections and which close automatically when
disconnected.
(b)
CM, MB, MV, PV,
SM. Bulk Plants On or after July 1, 1980 no person who owns,
leases, operates or controls a bulk plant shall cause, suffer, allow or permit
the transfer into any tank truck, trailer or other contrivance of any organic
material with a vapor pressure of 1.5 psia or greater under actual storage
conditions unless:
1. the transfer of the
organic material takes place through a submerged fill pipe; and,
2. any vapor discharged during transfer of
the organic material is processed by vapor balance system.
(c)
B, Dukes County, Nantucket
County. Bulk Plants. On or after April 1, 1993 no person who owns,
leases, operates or controls a bulk plant shall cause, suffer, allow or permit
the transfer into a tank truck, trailer or other contrivance of any organic
material with a vapor pressure of 1.5 psia or greater under actual storage
conditions unless:
1. the transfer of the
organic material takes place through a submerged fill pipe; and,
2. any vapor discharged during transfer of
the organic material is processed by a vapor balance system.
(d) Any person who owns, leases,
operates or controls a facility which is or becomes subject to 310 CMR
7.24(2)(a) through (c), shall only transfer organic material with a vapor
pressure of 1.5 psia or greater under actual storage condition into tank trucks
which are in compliance with 310 CMR 7.24(4).
(e) Any person who owns, leases, operates or
controls a facility which is or becomes subject to 310 CMR 7.24(2)(a), (b) or
(c), shall continue to comply with all requirement of 310 CMR 7.24(2)(a), (b)
or (c), respectively, even if the facility no longer meets the applicability
requirements of 310 CMR 7.24(2)(a), (b) or (c).
(f) 310 CMR 7.24(2) shall not apply to
dispensing of motor vehicle fuel to motor vehicle fuel tanks.
(3)
Distribution of
Motor Vehicle Fuel.
(a)
Applicability.
1. The
requirements of 310 CMR 7.24(3) apply to:
a.
Any owner/operator of a motor vehicle fuel dispensing facility;
b. Any owner/operator of a company that
performs Stage I compliance tests pursuant to 310 CMR 7.24(3).
2. The requirements of 310 CMR
7.24(3) do not apply to:
a. Stationary motor
vehicle fuel storage tanks of less than 550 gallons capacity used exclusively
for farm use provided the transfer of motor vehicle fuel only occurs through
submerged filling;
b. Transfers
made to motor vehicle fuel storage tanks equipped with floating roofs that have
been approved by the Department pursuant to 310 CMR 7.24(1);
c. Stationary motor vehicle fuel storage
tanks with a capacity of 250 to 1000 gallons, used for the purpose of onsite
fueling of motor vehicles with motor vehicle fuel that is the by-product of
motor vehicle salvage yard operations, provided the motor vehicle fuel storage
tank is equipped with:
i. a submerged fill
pipe; and
ii. a pressure vacuum vent
valve;
d. Stationary
motor vehicle fuel storage tanks of greater than 1000 gallons capacity, used
for the purpose of onsite fueling of motor vehicles with motor vehicle fuel
that is the by-product of motor vehicle salvage yard operations, provided the
motor vehicle fuel storage tank is equipped with:
i. a submerged fill pipe; and
ii. an EVR pressure vacuum vent
valve.
(b)
Stage I
Requirements.
1. No
owner/operator of a motor vehicle fuel dispensing facility shall allow the
transfer of motor vehicle fuel to a storage tank unless the vapors are
collected by a Stage I system.
2.
Any owner/operator of a motor vehicle fuel dispensing facility shall:
a. On or before two years from January 2,
2015, or upon decommissioning a Stage II system, whichever occurs sooner,
install:
i. CARB Enhanced Vapor Recovery (EVR)
pressure/vacuum vent valves; and
ii. CARB EVR rotatable product and vapor
adaptors; except that such adaptors shall not be required for aboveground
storage tanks and motor vehicle fuel storage tanks equipped with coaxial Stage
I systems.
b. On or
before seven years from January 2, 2015 install:
i. A Stage I CARB EVR System in accordance
with any one of the Executive Orders listed in 310 CMR 7.24(3)(c)1.:
Table 1, except in accordance with 310 CMR 7.24(3)(d)4.; or
ii. A Stage I Component EVR System
in accordance with the applicable Executive Orders listed in 310 CMR
7.24(3)(c)1.: Table 1. and manufacturers' guidance, except in
accordance with 310 CMR 7.24(3)(d)4.
c. Not install a coaxial Stage I system,
except that an existing coaxial system may be repaired (including replaced) and
maintained with non-EVR components until the motor vehicle fuel tank is
replaced.
3. Any
owner/operator of a motor vehicle fuel dispensing facility who installs a Stage
I system after January 2, 2015 shall install:
a. A Stage I CARB EVR System in accordance
with one of the Executive Orders listed in 310 CMR 7.24(3)(c)1.: Table
1; or
b. A Stage I
Component EVR System in accordance with the applicable Executive Orders listed
in 310 CMR 7.24(3)(c)1.: Table 1. and manufacturers'
guidance;
c. Submerged fill pipes
so that the discharge point is entirely submerged when the liquid level is six
inches above the bottom of the tank; and
d. A dual-point Stage I system.
4. Except as provided in 310 CMR
7.24(3)(b)5., any owner/operator of a motor vehicle fuel dispensing facility
that has a monthly throughput of 100,000 gallons of motor vehicle fuel or more
shall install and operate a Stage I system that meets the following design
criteria:
a. All vapor connections and lines
on the storage tank shall be equipped with closures that seal upon
disconnect;
b. The vapor line from
the gasoline storage tank to the gasoline cargo tank shall be
vapor-tight;
c. The vapor balance
system shall be designed such that the pressure in the tank truck does not
exceed 18 inches water pressure or 5.9 inches water vacuum during product
transfer;
d. The vapor recovery and
product adaptors, and the method of connection with the delivery elbow, shall
be designed so as to prevent the over-tightening or loosening of fittings
during normal delivery operations;
e. If a gauge well separate from the fill
tube is used, it shall be provided with a submerged drop tube that extends no
more than six inches from the bottom of the tank;
f. Liquid fill connections for all systems
shall be equipped with vapor-tight caps.
g. Pressure/vacuum (P/V) vent valves shall be
installed on the storage tank vent pipes. The pressure specifications for PV
vent valves shall be: a positive pressure setting of 2.5 to 6.0 inches of water
and a negative pressure setting of 6.0 to 10.0 inches of water. The total leak
rate of all PV vent valves at an affected facility, including connections,
shall not exceed 0.17 cubic foot per hour at a pressure of 2.0 inches of water
and 0.63 cubic foot per hour at a vacuum of four inches of water;
h. The vapor balance system shall be capable
of meeting the static pressure performance requirement of the following
equation:
Click to view
image
Where:
Pf = Minimum allowable final pressure, inches of water.
v = Total ullage affected by the test, gallons.
e = Dimensionless constant equal to approximately 2.718.
2 = The initial pressure, inches water.
5.
NESHAPS
Compliance.
a. Any owner/operator
subject to
310
CMR 7.24(3)(b)4. who
chooses, under the provisions of 40 CFR Part 63 .6(g), to use a vapor balance
system other than that described in Table 1 to Subpart CCCCCC of 40 CFR Part
63, and who demonstrates to EPA the equivalency of their vapor balance system
to that described in
310
CMR 7.24(3)(c)1.:
Table 1 pursuant to 40 CFR Part 63.11120(b), shall not be
required to install and operate a Stage I system that meets the design criteria
in 310 CMR
7.24(3)(b)4.a. through
h.
b. Any owner/operator subject to
310
CMR 7.24(3)(b)4. who does
not meet the requirements of 40 CFR Part 63.11118(b)(2) is required to fully
comply with all applicable requirements in Subpart CCCCCC of 40 CFR Part 63,
including recordkeeping, testing and monitoring, notification and reporting to
EPA.
(c)
CARB EVR Systems.
1.
The Department adopts all terms and conditions of the CARB EVR System Executive
Orders listed in
310
CMR 7.24(3)(c)1.:
Table 1. and
Table 2.
Table 1.
CARB Underground Storage Tank Phase I Enhanced Vapor
Recovery System Executive Orders
Executive Order Number |
Description |
Date |
VR-101-V |
Phil-Tite/EBW/FFS Phase I Vapor Recovery
System |
April 27, 2022 |
VR-102-V |
OPW Phase I Vapor Recovery System |
May 31, 2021 |
VR-104-L |
CNI Manufacturing Phase I Vapor Recovery
System |
May 31, 2021 |
VR-105-J |
EMCO Wheaton Phase I Vapor Recovery
System |
May 31, 2021 |
Table 2.
CARB Aboveground Storage Tank Phase I Enhanced Vapor
Recovery System Executive Orders
Executive Order Number |
Description |
Date |
VR-301-I |
Standing Loss Control of Vapor Recovery Systems for
Existing Installations of Aboveground Storage Tanks |
June 26, 2020 |
VR-302-I |
Standing Loss Control of Vapor Recovery Systems for
New Installations of Aboveground Storage Tanks |
June 26, 2020 |
VR-401-F |
OPW Phase I Enhanced Vapor Recovery (EVR) System for
Aboveground Storage Tanks (AST) |
July 17, 2019 |
VR-402-E |
Morrison Brothers Phase I Enhanced Vapor Recovery
(EVR) System for Aboveground Storage Tanks (AST) |
July 17, 2019 |
G-70-216 |
Extension of Effective Dates for Existing Aboveground
Storage Tanks |
March 13, 2014 |
(d)
Stage I System Operation,
Maintenance and Record Keeping.
1. Any owner/operator of a motor vehicle fuel
dispensing facility shall operate and maintain the Stage I system in accordance
with the system's applicable Executive Orders and manufacturers'
guidance.
2. Any owner/operator of
a motor vehicle fuel dispensing facility shall visually inspect or cause to be
visually inspected the Stage I system once every seven days to determine that
the system and its components are unbroken, correctly installed and
functioning. Each visual inspection shall include, but not be limited to,
inspection of: coaxial adaptors; fuel and vapor rotatable adaptors; dust caps
and gaskets; fuel and vapor spill buckets; drain valves; and pressure/vacuum
vent valves. The owner/operator shall ensure that:
a. Visual inspections shall be performed only
by a person who is trained to operate and maintain the Stage I system in
accordance with the applicable manufacturers' guidance; and
b. A current record of all persons trained
shall be maintained on site, including the date training was last received and
the trainee's printed name and signature acknowledging receipt of the
training.
3. Upon
determining during a visual inspection that a Stage I system component is
incorrectly installed, non-functioning or broken, the owner/operator of a motor
vehicle fuel dispensing facility shall:
a.
Immediately repair or replace the component; or
b. If repairs or replacements cannot be made
immediately, repair or replace the component within 30 days of the visual
inspection date, or
c. If a
component cannot be repaired or replaced within 30 days of the visual
inspection date, the transfer of motor vehicle fuel into the motor vehicle fuel
storage tank equipped with the incorrectly installed, non-functioning or broken
component is prohibited until the component is repaired or replaced.
4. Any replacement of an
incorrectly installed, non-functioning or broken Stage I components shall be
with a CARB EVR component and shall be installed in accordance with the
applicable Executive Orders and manufacturers' guidance, except that an
existing non-EVR "slip-on" spill bucket may be repaired (including replaced)
until seven years from January 2, 1015 and may be used after seven years from
January 2, 2015 until it needs to be repaired or replaced.
5. Every visual inspection shall be recorded
on an inspection checklist that contains at a minimum the following
information:
a. The date each inspection was
performed and the name and signature of the person who performed the
inspection;
b. Any Stage I system
component determined to be incorrectly installed, non-functioning or
broken;
c. Whether any incorrectly
installed, non-functioning or broken component was immediately repaired or
replaced within 30 days, or whether the transfer of motor vehicle fuel into the
motor vehicle fuel storage tank was prohibited until the component was repaired
or replaced; and
d. The date the
incorrectly installed, non-functioning or broken component was repaired or
replaced.
6. Any
owner/operator of a motor vehicle fuel dispensing facility shall retain on-site
in a centralized location in either hard copy or electronic format, the
following records:
a. All of the visual
inspection checklists for the prior rolling twelve-month period.
b. A copy of compliance testing company test
results for compliance tests performed during the prior rolling 12-month
period.
c. A copy of the Stage I
system's most recent In-use Compliance Certification in accordance with
310
CMR 7.24(3)(e)4., or, if
more recent, a copy of the Stage I system's Installation/Substantial
Modification Certification in accordance with
310
CMR 7.24(3)(e)3.
d. The date and type of Stage I Routine
Maintenance performed in the most recent rolling 12-month period in accordance
with 310 CMR
7.24(3)(e)2.a.
7. All records required to be
maintained shall be made available to the Department and EPA immediately upon
request. If requested records cannot be made immediately available, requested
records shall be delivered to the Department and EPA within seven business days
of the initial request.
(e)
Stage I Compliance Testing
and Certification.
1.
Compliance Tests. Any owner/operator of a motor
vehicle fuel dispensing facility shall conduct the following compliance tests:
a. For all Stage I underground storage tank
systems:
i. Pressure Decay two inch Test (CARB
TP-201.3; March 17, 1999);
ii.
Vapor Tie Test (San Diego APCD TP-96-1, section 5.1.9; March 1,
1996);
iii. Pressure/VacuumVent
Valve Test (CARB TP-201.1E; October 8, 2003);
iv. Static Torque Rotatable Adaptor Test
(CARB TP-201.1B; October 8, 2003), if rotatable adaptors are installed; and
v. as applicable to CARB EVR
components, either:
(i) Leak Rate of Drop
Tube/Drain Valve Assembly Test (CARB TP-201.1 C; October 8, 2003); or
(ii) Leak Rate of Drop Tube/ Overfill
Prevention Devices (CARB TP-201.1D; October 8,
2003).
b. For
all Stage I aboveground storage tank systems:
i. Determination of Static Pressure
Performance of Vapor Recovery Systems at Gasoline Dispensing Facilities with
Aboveground Storage Tanks in Exhibit 4 of CARB Executive Order VR-401-C (June
30, 2013) and CARB Executive Order VR-402-B (April 15, 2013);
ii. Static Torque Rotatable Adaptor Test
(CARB TP-201.1B; October 8, 2003), if rotatable adaptors are installed; and
iii. Pressure/VacuumVent Valve
Test (CARB TP-201.1E; October 8, 2003).
2.
Stage I Routine Maintenance
and Stage I Minor Modifications.
a. In the event of Stage I routine
maintenance, a record of all Stage I routine maintenance shall be maintained in
accordance with 310 CMR 7.24(3)(d)6. Compliance testing and submittal of a
compliance certification to the Department is not required.
b. In the event of a Stage I minor
modification, applicable compliance tests shall be performed in accordance with
310 CMR 7.24(3)(e)1. and passed prior to commencing system operation and a
record of the modification and test results shall be maintained in accordance
with 310 CMR 7.24(3)(d)6. Submittal of a compliance certification to the
Department is not required.
c. Any
replacement of a Stage I system component shall be with a CARB EVR
component.
3.
Stage I Installation and Substantial Modification
Certification. Any owner/operator of a motor vehicle fuel
dispensing facility who installs a Stage I system or makes a Stage I
substantial modification shall, prior to commencing operation, perform and pass
all applicable compliance tests listed in 310 CMR 7.24(3)(e)1. The
owner/operator shall submit to the Department within seven business days of
performing and passing the tests, a fully completed and signed
Installation/Substantial Modification Certification, on a form provided by the
Department, attesting to the following:
a. The
installed or substantially modified Stage I system has been installed, repaired
or modified in accordance with the applicable Executive Orders and
manufacturers' guidance; and
b. All
applicable compliance tests listed in 310 CMR 7.24(3)(e)1. were performed and
passed.
4.
Annual In-use Compliance Certification. Except as
provided in 310 CMR 7.24(3)(e)5.:
a. Any
owner/operator of a motor vehicle fuel dispensing facility shall annually
submit to the Department within 30 days of performing and passing all
applicable compliance tests a fully completed and signed In-use Compliance
Certification on a form provided by the Department.
b. Any owner/operator of a motor vehicle fuel
dispensing facility shall attest to the following:
i. The Stage I system is operated and
maintained in accordance with the applicable Executive Orders and
manufacturers' guidance; and
ii. All
applicable compliance tests listed in 310 CMR 7.24(3)(e)1. were performed and
passed.
5.
Alternative Annual In-use Compliance Certification.
a. Any owner/operator of a motor vehicle fuel
dispensing facility who submits Annual In-use Compliance Certifications for two
consecutive years in compliance with 310 CMR 7.24(3)(e)4. in which all
applicable in-use compliance tests were passed on the first try, as certified
pursuant to 310 CMR 7.24(3)(h)8., may elect to submit to the Department an
Alternative Annual In-use Compliance Certification on a form provided by the
Department.
b. An owner/operator
meeting the requirements of 310 CMR 7.24(3)(e)5.a. and electing to submit an
Alternative Annual In-use Compliance Certification shall be:
i. exempt from annual Stage I compliance
testing requirements in the first year the Alternative Annual In-use Compliance
Certification is submitted in compliance with 310 CMR 7.24(3)(e)5.a.;
and
ii. subject to all compliance
tests listed in 310 CMR 7.24(3)(e)1. as applicable, in the second year the
Alternative Annual In-use Compliance Certification is submitted, and every
other year thereafter.
c.
Any owner/operator of a motor vehicle fuel dispensing facility who submits an
alternative In-use Compliance Certification and fails one or more compliance
certification tests on the first try shall, in subsequent years, comply with
the requirements of 310 CMR 7.24(3)(e)4., until such time as the owner/operator
meets the requirements in 310 CMR 7.24(3)(e)5.a.
6.
Determination of Submittal and
Receipt Dates.
a. The
owner/operator of a motor vehicle fuel dispensing facility shall submit the
annual certification required by 310 CMR 7.24(3)(e)4. to the Department no
later than the anniversary of the receipt date of the most recently submitted:
i. Stage I Installation/Substantial
Modification Certification;
ii.
Annual Stage I In-use Compliance Certification;
iii. Alternative Annual In-use Compliance
Certification; or
iv. Stage II
Decommissioning Notification.
b. If the owner/operator requests a change in
the submittal due date, the Department may revise the annual certification
submittal due date and shall set a revised submittal due date that is no more
than 12 months after the current submittal due date.
c. Receipt Date at the Department shall be
determined as follows:
i. If hand-delivered,
the receipt date is the date of the receipt stamp;
ii. If mailed, the receipt date is the date
of the postmark on the envelope used to submit the document to the Department;
or
iii. If electronically
submitted, the receipt date is the date the electronic submission is sent to
the Department.
7. Any owner/operator of a motor vehicle fuel
dispensing facility whose Stage I system fails one or more in-use compliance
tests required by 310 CMR 7.24(3)(e)1. shall:
a. Immediately repair or replace the
incorrectly installed, non-functioning or broken component in accordance with
the applicable Executive Orders and manufacturers' guidance;
b. If any Stage I system component is
replaced, it shall be replaced with a CARB EVR component and installed in
accordance with applicable Executive Orders and manufacturers'
guidance;
c. Continue to repair or
replace and re-test until each failed test is passed; and d. Submit to the
Department an Annual In-use Compliance Certification on or before the
facility's Annual In-use Compliance Certification submittal due date or within
30 days of the date of the first passing test result, whichever occurs
first.
8. If a Stage I
system fails one or more required in-use compliance tests and the system cannot
be repaired as required by 310 CMR 7.24(3)(e)7., the owner/operator of a motor
vehicle fuel dispensing facility shall not transfer or allow the transfer of
motor vehicle fuel into the motor vehicle fuel storage tank equipped with the
failing Stage I system until the system is repaired in accordance with the
applicable Executive Orders and manufacturers' guidance and all applicable
compliance testing, record keeping and certification requirements for routine
maintenance, minor modification or substantial modification of a Stage I system
are complied with.
9. Any
Certification submitted to the Department as required by 310 CMR 7.24(3)(e)
shall be signed by a Stage I System Responsible Official as required by 310 CMR
7.24(3)(g).
10. Any owner/operator
of a motor vehicle fuel dispensing facility, upon written notice from the
Department, shall perform such compliance tests as the Department determines
necessary to demonstrate the Stage I system is installed and maintained in
accordance with the applicable Executive Orders and manufacturers' guidance and
shall submit the results to the Department within 14 days of the performance of
the tests.
11. Compliance tests
performed to meet the requirements of 310 CMR 7.24(3)(e)1. shall be performed
only by a compliance testing company that has submitted a Compliance Testing
Company Notification to the Department as required by 310 CMR
7.24(3)(h)1.
(f)
Notification Requirements.
1. Any person, upon entering into a purchase,
lease or other contractual agreement by which the person becomes the
owner/operator of a motor vehicle fuel dispensing facility subject to 310 CMR
7.24(3), shall submit to the Department, within 30 days of the effective date
of becoming such an owner/operator or within ten days of a written request from
the Department, a fully completed New Stage I System Owner/Operator
Notification on a form provided by the Department.
a. The Notification shall include the
following:
i. The name of the new Stage I
system owner/operator, and related business documentation, including the name
and address of the facility where the Stage I system is located; and
ii. The effective date that the person became
the new owner/operator.
b. The Notification shall be signed by the
individual who is a Stage I Responsible Official for the new owner/operator
regarding the Stage I system, who shall attest to the following:
i. I certify that I personally examined the
foregoing and am familiar with the information contained in this document and
all the attachments and that, based on my inquiry of those persons immediately
responsible for obtaining the information, I believe that the information is
true, accurate and complete. I am aware that there are significant penalties
for submitting false information, including possible fines and
imprisonment;
ii. I am fully
authorized to make this attestation on behalf of this facility.
2. Any owner/operator of
a motor vehicle fuel dispensing facility, upon entering into a sale, lease or
other contractual agreement by which the owner/operator relinquishes his or her
authority as an owner/operator of a motor vehicle fuel dispensing facility
subject to 310 CMR 7.24(3), shall submit to the Department, within 30 days of
the effective date of the sale, lease or other contractual agreement, a signed
letter, or a form provided by the Department, notifying the Department of the
following:
a. The name of the owner/operator
relinquishing authority as an owner/operator, the facility name, address, and
DEP Facility Account Number, as applicable;
b. The name of the new owner/operator of the
motor vehicle fuel dispensing facility subject to 310 CMR 7.24(3) mailing
address, phone number, email address; and
c. The effective date of the change of
owner/operator.
3. Any
owner/operator of a motor vehicle fuel dispensing facility seeking to
permanently or temporarily take out-of-service a Stage I system shall submit to
the Department a fully completed and signed Stage I System Closure Notification
on a form provided by the Department.
a. The
Stage I System Closure Notification shall include, but not be limited to:
i. The name of the motor vehicle fuel
dispensing facility owner/operator and related business information;
ii. The DEP Facility Account Number, as
applicable;
iii. The name and
address of the facility where the Stage I system is located;
iv. The date the Stage I system was
permanently or temporarily taken out-of-service, and attached, as applicable,
current:
(i) Underground storage tank
Registration pursuant to
310 CMR 80.00:
Underground Storage Tank (UST) Operator Training indicating
that the status of the tank is Temporarily Out-of-service;
(ii) Underground storage tank Registration
pursuant to
310 CMR 80.00:
Underground Storage Tank (UST) Operator Training indicating
the that status of the tank is closed (Removed or Closed In-place);
or
(iii) Local permit for
aboveground storage tank documenting Temporarily Out-of service Status or
closure/removal.
b. A Stage I system shall not be temporarily
out-of-service for more than five years from the date of being taken out of
service pursuant to 310 CMR 7.24(3)(f) a.iv.(i) through (iii), as
applicable.
c. Any owner/operator
of a Stage I system that is temporarily out-of-service in accordance with 310
CMR 7.24(3)(f)3. shall, prior to recommencing operation, perform and pass all
applicable compliance tests in accordance with 310 CMR 7.24(3)(e)1. and submit
to the Department a fully completed Installation/Substantial Modification
Certification as required by 310 CMR 7.24(3)(e)3.
d. Any Notification submitted to the
Department as required by 310 CMR 7.24(6)(f) shall be signed by a Responsible
Official as required by 310 CMR 7.24(3)(g).
(g)
Stage I System Responsible
Official Certification of Compliance.
1. Except in circumstances described in 310
CMR 7.24(3)(g)2., any Certification required by 310 CMR 7.24(3)(e) or
Notification required by 310 CMR 7.24(3)(f) shall be signed by a Responsible
Official regarding Stage I system compliance.
2. For Stage I systems owned by one party and
leased, operated or controlled by another independent party and where both
parties have separate Stage I system compliance responsibilities, any
Certification submitted pursuant to 310 CMR 7.24(3)(e) or Notification
submitted pursuant to 310 CMR 7.24(3)(f) shall be signed by Responsible
Officials for each party regarding Stage I system compliance. Each Responsible
Official shall attest to the following:
a. I
certify that I personally examined the foregoing and am familiar with the
information contained in this document and all the attachments and that, based
on my inquiry of those persons immediately responsible for obtaining the
information, I believe that the information is true, accurate and complete. I
am aware that there are significant penalties for submitting false information,
including possible fines and imprisonment;
b. that systems to maintain compliance are in
place at the facility and will be maintained for the coming year even if the
processes or operating procedures are changed over the course of the year;
and
c. I am fully authorized to
make this attestation on behalf of this facility.
(h)
Compliance Testing
Company Requirements.
1. If an
owner/operator, employee or contractor of a compliance testing company performs
Stage I compliance tests to meet the requirements of 310 CMR 7.24(3)(e)1., the
owner/operator of a compliance testing company shall submit to the Department a
fully completed Compliance Testing Company Notification, on a form provided by
the Department, prior to performing any required Stage I compliance test.
a. The Compliance Testing Company
Notification shall include the following:
i.
The name and business mailing address of the Stage I compliance testing company
owner, operator, lessee or controller;
ii. The name and address of any business that
is engaged in the installation or Substantial Modification of Stage I systems
and is owned, operated, leased or controlled by, or affiliated with the
owner/operator of the compliance testing company;
iii. The name and address of any motor
vehicle fuel dispensing facility subject to 310 CMR 7.24(3) that is owned,
operated, leased or controlled by, or affiliated with the owner/operator of the
compliance testing company;
iv. The
address and telephone number of the facility(ies) from which the daily
compliance testing activities of the compliance testing company originate and
at which any records required by 310 CMR 7.24(3)(h)10. are
maintained;
v. A written
description of the employee training systems in place at the compliance testing
company to ensure required compliance tests are performed as required by
applicable protocols and procedures, pursuant to 310 CMR 7.24(3)(h)6. and 7.;
and
vi. A list of all compliance
testing company Responsible Officials with the authority to sign Compliance
Testing Company Certifications on behalf of the compliance testing
company.
b. Each
Compliance Testing Company Notification shall be signed by an individual who is
a Responsible Official for the compliance testing company, who shall attest to
the following:
i. I certify that I personally
examined the foregoing and am familiar with the information contained in this
document and all the attachments and that, based on my inquiry of those persons
immediately responsible for obtaining the information, I believe that the
information is true, accurate and complete. I am aware that there are
significant penalties for submitting false information, including possible
fines and imprisonment;
ii.
Employee training systems are in place at the compliance testing company to
ensure Stage I compliance tests are performed as required by all applicable
protocols and procedures and such training systems will be maintained for the
coming year even if the protocols and procedures are changed over the course of
the year; and iii. I am fully authorized to make this attestation on behalf of
this compliance testing company.
2. An owner/operator of a compliance testing
company shall notify the Department in writing of any change to the information
submitted to the Department pursuant to 310 CMR 7.24(3)(h)1. within 14 days of
the effective date of such change. Upon the Department's written request, the
person shall submit a fully revised and completed Notification to the
Department as required by the requirements of 310 CMR 7.24(3)(h)1.
3. No owner/operator, employee or contractor
of a compliance testing company shall perform any Stage I compliance test
unless said person has first been trained in accordance with the applicable
compliance test protocols and procedures required by 310 CMR
7.24(3)(h)7.
4. An owner/operator
of a compliance testing company shall submit, at least once every two weeks, a
written list to the Department identifying all motor vehicle fuel dispensing
facilities at which the company is scheduled to perform required Stage I
compliance tests over the next 14 day period.
a. The list shall include the name and
address of each motor vehicle fuel dispensing facility to be tested, the
applicable section under 310 CMR 7.24(3)(e) 3., 4., or 5., and the estimated
time that the company expects to arrive at the facility location.
b. The Department shall be notified, in
writing, of any change of date of an individual facility's scheduled compliance
tests no later than 9:00 A.M. of the day the scheduled tests are to occur.
Additions to a submitted compliance-testing schedule shall be submitted to the
Department, in writing, no less than two working days prior to the date of any
scheduled test.
c. Failure to
comply with the Notification requirements of 310 CMR 7.24(3)(h)4. may be a
basis for the Department to determine that tests conducted after inadequate
notice are invalid.
5. An
owner/operator of a compliance testing company shall immediately notify the
Department of any failed Stage I compliance tests performed as required by 310
CMR 7.24(3)(e) if the person did not return to retest the Stage I system as
required by 310 CMR 7.24(3)(e)7. on or before the facility's Annual In-use
Compliance Certification submittal date, or within 30 days of the date of the
Stage I system's first passing test result, whichever occurs first. The
owner/operator of the compliance testing company shall notify the Department
regarding the name and address of the motor vehicle fuel dispensing facility,
the facility's Facility Account Number and the tests failed.
6. An owner/operator, employee or contractor
of a compliance testing company shall perform compliance tests to meet the
requirements of 310 CMR 7.24(3)(e) only upon confirmation that:
a. All Stage I system components are
installed as required and are the correct components pursuant to the
requirements of 310 CMR 7.24(3)(c); and
b. All motor vehicle fuel dispensing
facilities with two or more motor vehicle fuel storage tanks are properly
manifolded pursuant to the requirements of applicable Executive
Orders.
7. An
owner/operator, employee or contractor of a compliance testing company shall
perform Stage I compliance tests on all Stage I systems to meet the
requirements of 310 CMR 7.24(3) only in accordance with the applicable test
procedures cited in 310 CMR 7.24(3)(e)1.
8. An owner/operator of a compliance testing
company shall certify to the Department that each compliance test performed to
meet the requirements of 310 CMR 7.24(3)(e) was performed as required by 310
CMR 7.24(3)(h)6. and 7. As applicable, the Certification shall be submitted on
a Stage I Installation/Substantial Modification Certification, Alternative
Annual In-use Compliance Certification, or In-use Compliance Certification and
shall include:
a. The date each compliance
test was first performed and the result; and
b. The date each compliance test was
performed and passed.
9.
Each Certification submitted pursuant to 310 CMR 7.24(3)(h)8. shall be fully
completed and signed by a compliance testing company Responsible Official, who
shall attest to the following:
a. I certify
that I personally examined the foregoing and am familiar with the information
contained in this document and all the attachments and that, based on my
inquiry of those persons immediately responsible for obtaining the information,
I believe that the information is true, accurate and complete. I am aware that
there are significant penalties for submitting false information, including
possible fines and imprisonment; and
b. I am fully authorized to make this
attestation on behalf of this compliance testing company.
10. An owner/operator of a compliance testing
company shall maintain the following records on site, for a minimum of five
years, at the location(s) referenced on the form submitted pursuant to 310 CMR
7.24(3)(h)1.a.:
a. A complete set of records
of compliance tests performed to meet the requirements of 310 CMR 7.24(3)(c).
Such records shall include, by facility address:
i. The date and first result for each
required test performed;
ii. The
date each test was performed and passed; and
iii. An itemized list of all Stage I system components repaired or
replaced as necessary for the system to pass the applicable tests, including
but not limited to: all spill containment buckets, drain valves, dust caps,
rotatable product adaptors, riser adaptors, drop tubes, rotatable vapor
adaptors, tank gauge ports, and pressure/vacuum vent valves that are replaced
with a CARB EVR component.
b. A current record of all employees or
contractors trained as required by 310 CMR 7.24(3)(h)3. Such record shall
include the following:
i. The date training
was received;
ii. The person or
employee's printed name; and
iii.
The signature of the person or employee acknowledging receipt of required
training.
11.
The owner/operator of the compliance testing company shall make all records
available to the Department or EPA immediately upon the request. If requested
records cannot be made immediately available, requested records shall be
delivered to the Department and EPA within seven business days of the initial
request.
(i) Violations
of 310 CMR 7.24(3). Any failure to comply with 310 CMR 7.24(3), or the terms
and conditions of any order, permit, authorization, determination,
certification, prohibition or approval issued under 310 CMR 7.24(3) shall
constitute a violation of 310 CMR 7.24(3). Nothing in 310 CMR 7.24(3), or in
any order issued pursuant thereto, shall be construed to limit any right of the
Department to take enforcement action pursuant to any other
authority.
(j)
Enforcement Provisions. The provisions and
requirements of 310 CMR 7.24(3)(a) and (b) are subject to the enforcement
provisions specified in
310 CMR
7.52.
(4)
Motor Vehicle Fuel Tank
Trucks.
(a) No owner/operator of
a tank truck that carries motor vehicle fuel with a true vapor pressure equal
to or greater than 1.5 psia under actual storage conditions and receives fuel
from or delivers fuel to a facility subject to 310 CMR 7.24(2), or delivers
fuel to a facility subject to the requirements of 310 CMR 7.24(2) or (3) shall
cause, suffer, allow or permit the tank truck to be loaded or unloaded unless
the tank truck:
1. Was tested within the 12
preceding months pursuant to 310 CMR 7.24(4)(i);
2. Sustains a pressure change of no more than
three inches of water in five minutes when pressurized to a gauge pressure of
18 inches of water or when evacuated to a gauge pressure of 5.9 inches of water
during the testing;
3. Is repaired
and retested within 15 days of testing if it does not meet the criteria of 310
CMR 7.24(4)(a)2.; and
4. Displays a
marking in two inch high letters near the Department of Transportation
Certification plate required by 49 CFR 178.340-10 b, which:
a. Shows the initials "DEP" and the date the
tank truck last passed the test ("DEP date"); and
b. Shall expire not more than 12 months after
the date the tank truck last passed the test.
(b) The owner/operator of a bulk terminal,
bulk plant, motor vehicle fuel dispensing facility or tank truck subject to 310
CMR 7.24(2), (3), or (4)(a) shall design, install and operate any vapor
collection and disposal system, vapor balance system, and any appurtenant
loading equipment in a vapor-tight manner that prevents:
1. Gauge pressure from exceeding 18 inches of
water and vacuum from exceeding 5.9 inches of water in the tank truck;
and
2. A reading equal to or
greater than 100% of the lower explosive limit (LEL, measured as propane) at
one inch from all points of the perimeter of a potential leak source during
transfer operations at the loading rack or stationary tank; and
3. Visible liquid leaks during loading at the
loading rack or unloading at the stationary tank.
(c) The owner/operator of a tank truck
subject to 310 CMR 7.24(4) shall:
1. Notify
the Department in writing of the date and location of a certification test at
least two days before the anticipated test date; and
2. Within 15 days, repair and retest a vapor
recovery system or tank truck that exceeds the limits in 310 CMR 7.24(4)(a) or
(b).
(d) The Department
may, at any time, test any tank truck, or vapor recovery system to determine
compliance with the requirements of 310 CMR 7.24(4)(a) or (b).
(e) [Reserved]
(f) Copies of all records and reports
required under 310 CMR 7.24 shall immediately be made available to the
Department upon verbal or written request, at any reasonable time.
(g) At the discretion of the Department, the
requirements for testing and marking motor vehicle fuel tank trucks subject to
310 CMR 7.24(4) may be satisfied if the vehicle undergoes equivalent
certification in another state.
(h)
The owner/operator of a tank truck subject to 310 CMR 7.24(4)(a) shall maintain
records of the daily throughput of any organic material with a true vapor
pressure of 1.5 psia or greater under actual storage conditions.
(i)
Testing
Requirements. Testing to determine compliance with 310 CMR 7.24(4)
shall be conducted in accordance with EPA Method 27 as described in Appendix A
of CFR Title 40 Part 60, or by any other methods approved by the Department and
EPA.
(j) Any owner/operator of a
tank truck shall:
1. Maintain and operate the
tank truck such that it is vapor tight at all times;
2. Re-fill the tank truck only at bulk
gasoline terminals and plants equipped with properly operating vapor recovery
systems pursuant to 310 CMR 7.24(2); and
3. Keep hatches on the tank truck closed at
all times during loading and unloading.
(6)
U Dispensing of Motor Vehicle
Fuel.
(a)
Applicability and Installation Requirements.
1. Any person who owns, leases, operates or
controls a motor vehicle fuel dispensing facility or tank truck shall be
prohibited from installing a Stage II Vapor Recovery System.
2. Any person who owns, leases, operates or
controls a motor vehicle fuel dispensing facility or tank truck with a Stage II
Vapor Recovery System shall decommission the Stage II Vapor Recovery System on
or before two years from January 2, 2015 in accordance with 310 CMR
7.24(6)(l).
3. In response to a
written request submitted to the Department six months prior to two years from
January 2, 1015, the Department, in its sole discretion, may grant an owner,
lessee, operator or controller of a Stage II system with an annual throughput
of less than 500,000 gallons, an extension of up to two years after two years
from January 2, 2015 to decommission the Stage II system based on financial
hardship or extenuating circumstances.
4. Any person who owns, leases, operates or
controls a motor vehicle fuel dispensing facility or tank truck with a Stage II
vapor recovery system shall maintain and operate the Stage II system in
accordance with 310 CMR 7.24(6) until the Stage II system is decommissioned in
accordance with 310 CMR 7.24(6)(l).
5. Any person subject to 310 CMR 7.24(6)
shall conspicuously post Stage II system operating instructions on both sides
of all motor vehicle fuel dispensers or at a position adjacent to the
dispensers that is clearly visible to the system operator during the refueling
process. Such instructions shall include:
a. a
clear pictorial or written description of how to correctly dispense motor
vehicle fuel using the installed Stage II system;
b. a warning not to continue dispensing motor
vehicle fuel ("topping-off") after automatic system shutoff has engaged; and c.
the telephone number of the Department's Stage II Consumer Hotline.
(b)
Operation
and Maintenance Requirements.
1.
Any person subject to 310 CMR 7.24(6) shall comply with the following operation
and maintenance requirements.
a. Operate and
maintain the installed Stage II system as required by the terms and conditions
of the system's currently applicable Executive Order.
b. Take such actions as necessary to comply
with the applicable terms and conditions of any new or modified Executive Order
upon Department revision of 310 CMR 7.24(6) to incorporate such new or modified
Executive Order. Such actions shall be taken either:
i. during applicable Routine Maintenance,
Minor Modification or Substantial Modification of the Stage II System;
or
ii. within four years of January
2, 2015.
c. Once every
seven days perform a weekly visual inspection of the Stage II system components
to determine if such components are installed, functioning and unbroken as
required by the terms and conditions of the system's currently applicable
Executive Order. Each visual inspection shall include, but not be limited to,
inspection of: nozzle boots and splash/vapor guards; hoses; hose retractors,
coaxial adaptors, dry breaks, fill caps and gaskets, vapor recovery caps and
gaskets, spill containment boxes and drain valves.
d. Upon determining a Stage II system
component is incorrectly installed, non-functioning or broken during a visual
inspection, immediately:
i. repair such
component(s) as required by the terms and conditions of the system's currently
applicable Executive Order;
ii.
stop dispensing motor vehicle fuel through such component(s), conspicuously
post "Out of Service" signs on such component, and repair such component as
required by the terms and conditions of the system's currently applicable
Executive Order within 14 days of the date such component is determined to be
incorrectly installed, non-functioning or broken; or
iii. decommission the Stage II system in
accordance with 310 CMR 7.24(6)(l).
e. If an incorrectly installed,
non-functioning or broken component cannot be repaired as required by 310 CMR
7.24(6)(b)1.d., such component shall immediately be isolated. "Out of Service"
signs shall be conspicuously posted on said isolated component until such time
as said component is correctly repaired as required by the Stage II system's
currently applicable Executive Order or the Stage II system is decommissioned
in accordance with 310 CMR 7.24(6)(l).
f. If an incorrectly installed,
non-functioning or broken component cannot be repaired or isolated as required
by 310 CMR 7.24(6)(b)1.d. or e., the person who owns, operates, leases or
controls the Stage II system at the facility shall immediately stop dispensing
motor vehicle fuel and conspicuously post "Out of Service" signs on all motor
vehicle fuel dispensers until such time as all incorrectly installed,
non-functioning or broken components are correctly repaired as required by the
terms and conditions of the Stage II system's currently applicable Executive
Order or the Stage II system is decommissioned in accordance with 310 CMR
7.24(6)(l).
2. A visual
inspection of a Stage II system to meet the requirements of 310 CMR
7.24(6)(b)1.c. shall be performed only by a person who is trained to operate
and maintain the Stage II system as required by the terms and conditions of the
system's currently applicable Executive Order. A current record of all persons
trained shall be maintained on site or, for tank trucks, at the address from
which the tank truck is principally operated, and shall include the following:
a. the date training was last
received;
b. the trainee's printed
name; and c. the personal signature of the trainee acknowledging receipt of the
training.
3. Any person
subject to 310 CMR 7.24(6) shall maintain all Stage II system maintenance
records on site, in a centralized location, for the most recent rolling
12-month period. Such records may be either in hard copy or electronic format,
provided that a hard copy of any electronic records shall be printed on-site
immediately upon request. Such maintenance records for tank trucks shall be
maintained at the address from which the tank truck is principally operated.
Stage II system maintenance records shall include:
a. all of the facility's weekly inspection
checklists for the prior rolling 12-month period, identifying:
i. the date each weekly visual inspection was
performed and the signature of the person who performed the visual
inspection;
ii. any Stage II system
component determined to be incorrectly installed, non-functioning or
broken;
iii. whether the identified
incorrectly installed, non-functioning or broken component was immediately
repaired, taken out of service and repaired within 14 days, Isolated, or the
facility stopped dispensing motor vehicle fuel and all fuel dispensers were
taken out of service;
iv. the date
the incorrectly installed, non-functioning or broken components identified in
310 CMR 7.24(6)(b)3.iii. were repaired.
b. A copy of compliance testing company test
results for all Stage II compliance tests during the prior rolling twelve-month
period.
c. A copy of the Stage II
system's most recent Annual In-use Compliance Certification.
4. All records maintained pursuant
to 310 CMR 7.24(6)(b)2. and 3. shall be made available to the Department or EPA
immediately upon request. In the event requested records cannot be made
immediately available, requested records shall be delivered to the Department
or EPA, as applicable, within seven business days of the initial
request.
(c)
Compliance Testing and Certification Requirements.
1. Stage II system testing, record keeping
and certification as a result of routine maintenance or minor modification of a
Stage II system.
a. In the event of routine
maintenance, a record of such maintenance shall be maintained in accordance
with 310 CMR 7.24(6)(b)3. Compliance testing and submittal of a compliance
certification to the Department is not required.
b. In the event of a minor modification of a
Stage II system, applicable compliance tests shall be performed and passed
prior to commencing system operation and a record of such modification and test
results shall be maintained in accordance with 310 CMR 7.24(6)(b)3. Submittal
of a compliance certification to the Department is not required.
2. Installation/Substantial
Modification Certification. Any person subject to 310 CMR 7.24(6) who installs
or makes a substantial modification to a Stage II system shall, prior to
commencing operation, perform and pass all applicable compliance tests pursuant
to 310 CMR 7.24(6)(d) and submit to the Department within seven days of
performing and passing said tests, a fully completed and signed
Installation/Substantial Modification Certification, on a form obtained from
the Department, attesting to the following:
a.
the installed or substantially modified Stage II system is installed or
substantially modified in compliance with 310 CMR 7.24(6)(a);
b. all applicable compliance tests as
required by 310 CMR 7.24(6)(d) were performed and passed; and c. the applicable
installation compliance tests were performed and passed not more than 30 days
prior to the submittal of the Certification to the Department.
3.
Annual In-use
Compliance Certification. Except as provided in 310 CMR
7.24(6)(c)4., any person subject to 310 CMR 7.24(6) shall annually submit to
the Department a fully completed and signed Annual In-use Compliance
Certification, on a form obtained from the Department, attesting to the
following:
a. the installed Stage II system is
operated and maintained as required by 310 CMR 7.24(6)(b);
b. the following in-use compliance tests, as
applicable, were performed as required by 310 CMR 7.24(6)(d):
i.
Vapor Balance
Systems.
(i) Annual in-use
compliance tests: Pressure Decay Test; Vapor Tie Test; P/V Vent Test.
(ii) Every-third-year in-use compliance test:
Dynamic Pressure/Liquid Blockage Test.
ii.
Vacuum Assist
Systems.
(i) Annual in-use
compliance tests: Pressure Decay Test; Vapor Tie Test; P/V Vent Test; and
Air-to-liquid Ratio Test.
(ii)
Every-third-year in-use compliance test: Dynamic Pressure/Liquid Blockage
Test.
iii.
Healy Systems. All applicable tests shall be performed
annually.
c. The
applicable in-use compliance tests were performed and passed not more than 30
days prior to the submittal of the Certification to the Department.
4.
Alternative Annual
In-use Compliance Certification. Any person subject to 310 CMR
7.24(6) who submits two consecutive years of Annual In-use Compliance
Certifications in compliance with 310 CMR 7.24(6)(c)3. in which all applicable
in-use compliance tests were passed on the first try, as certified pursuant to
310 CMR 7.24(6)(g)8., may elect to submit annually to the Department an
Alternative Annual In-use Compliance Certification on a form obtained from the
Department:
a. Facilities meeting the
requirements of 310 CMR 7.24(6)(c)4. and electing to submit an Alternative
Annual In-use Compliance Certification shall be:
i. exempt from annual Stage II compliance
testing requirements in the year following the submittal of two consecutive
years' of Annual In-use Compliance Certifications in compliance with 310 CMR
7.24(6)(c)4.; and
ii. subject to all
applicable Stage II compliance tests as referenced in 310 CMR 7.24(6)(d) in the
second year following the submittal of two consecutive years' Annual In-use
Compliance Certifications in compliance with 310 CMR 7.24(6)(c)3., and every
other year thereafter.
b.
Any person submitting an Alternative Annual In-use Compliance Certification to
the Department shall fully complete and sign said Certification and attest to
the following:
i. the installed Stage II
system is correctly operated and maintained as required by 310 CMR
7.24(6)(b);
ii. all applicable
compliance tests were performed and passed as required by 310 CMR
7.24(6)(c)4.a.ii., and
iii. The
applicable compliance tests were performed and were passed not more than 30
days prior to the date postmarked on the envelope used to submit the
Certification to the Department.
c. Any person submitting an Alternative
Annual In-use Compliance Certification and fails one or more compliance
certification tests on the first try as required by 310 CMR 7.24(6)(c)4. shall
be required, in subsequent years, to annually certify in compliance with the
requirements of 310 CMR 7.24(6)(c)3., until such time as said person meets the
requirements in 310 CMR 7.24(6)(c)4.
5.
Annual In-use Compliance
Certification Submittal Requirements. The annual submittal date
for Certifications required pursuant to 310 CMR 7.24(6)(c)3. and 4., is no
later than:
a. For persons subject to 310 CMR
7.24(6) who install or make a Substantial Modification to a Stage II system on
or after January 1, 2001, the anniversary of the submittal to the Department of
the Installation Compliance Certification required by 310 CMR 7.24(6)(c)1. or
the date the facility commenced operation, whichever occurs first; and
b. For all other persons subject to
310 CMR 7.24(6), May 1, 2002, or a date otherwise provided by the Department,
whichever is earlier. Persons subject to 310 CMR 7.24(6)(c)5.b. who are
provided an annual submittal date by the Department shall be notified by the
Department of their first annual submittal date and required in-use compliance
tests pursuant to 310 CMR 7.24(6)(c)3.b. no less than 90 days prior to the
first annual submittal date established by the Department.
c. Upon request of any person subject to 310
CMR 7.24(6), the Department may revise said person's annual Certification
submittal date. Such revision shall set a revised annual submittal date that is
no more than 12 months after the otherwise applicable submittal date.
6. Any person who owns, leases,
operates or controls a Stage II system that fails one or more in-use compliance
tests required by 310 CMR 7.24(6)(c)3. or 4., shall immediately:
a. either:
i. repair or replace an incorrectly
installed, non-functioning or broken component as required by the terms and
conditions of the Stage II system's currently applicable Executive Order; or
ii. decommission the Stage II
system in accordance with 310 CMR 7.24(6)(l);
b. if such person does not elect to
decommission the Stage II system, then such person shall also re-test and pass
each failed test; and
c. submit to
the Department the required Annual In-use Compliance Certification on or before
the facility's Annual In-use Compliance Certification submittal date or within
30 days of the date of the Stage II system's first passing test result as
required by 310 CMR 7.24(6)(c)3.c. or 310 CMR 7.24(6)(c)4.c., as applicable,
whichever occurs first.
7. If a facility fails one or more required
in-use compliance tests and the incorrectly installed, non-functioning or
broken components cannot be repaired as required by 310 CMR 7.24(6)(c)7., the
person who owns, leases, operates or controls the Stage II system at such
facility shall immediately:
a. either:
i. isolate the incorrectly installed,
non-functioning or broken components from the Stage II system so that the
remainder of the Stage II system operates as required by the terms and
conditions of the system's currently applicable Executive Order; or
ii. decommission the Stage II system in
accordance with 310 CMR 7.24(6)(l).
b. if such person does not elect to
decommission the Stage II system, then the person who owns, leases, operates or
controls the Stage II system shall also submit to the Department the required
Annual In-use Compliance Certification based on passing test results for the
remainder of the Stage II system on or before the facility's Annual In-Use
Compliance Certification submittal date or within 30 days of the date of the
Stage II system's first passing test result as required by 310 CMR
7.24(6)(c)3.c. or 310 CMR 7.24(6)(c)4.c., as applicable, whichever occurs
first.
c. Any Stage II system
component isolated from the remainder of the Stage II System shall remain
Isolated until such time as:
i. said component
is repaired as required by the terms and conditions of the Stage II System's
currently applicable Executive Order; and
ii. all applicable, compliance testing,
record keeping and certification requirements for the Routine Maintenance,
Minor Modification, or Substantial Modification of a Stage II system are
complied with.
8. If a facility fails one or more required
in-use compliance test and the incorrectly installed, non-functioning or broken
Stage II system component cannot be repaired as required by 310 CMR
7.24(6)(c)6. or 7., the person who owns, operators, leases or controls such
Stage II system at such facility shall immediately stop dispensing motor
vehicle fuel and conspicuously post "Out of Service" signs on all motor vehicle
fuel dispensers until such time as:
a. all
incorrectly installed, non-functioning or broken components are repaired as
required by the terms and conditions of the Stage II system's currently
applicable Executive Order;
b. all
applicable in-use compliance tests are performed and passed as required by 310
CMR 7.24(6)(c)3. or 4., as applicable; and
c. a fully completed Annual In-use Compliance
Certification has been submitted to the Department as required by 310 CMR
7.24(6)(c)3.
d. If a facility fails
one or more required in-use compliance tests and is subject to 310 CMR
7.24(6)(c)8., for purposes of compliance with the Annual In-use Compliance
Certification submittal requirements of 310 CMR 7.24(6)(c)3. or 4., the person
who owns, operates, leases or controls the Stage II system shall submit to the
Department a fully completed and signed Stage II System Closure Notification as
required by 310 CMR 7.24(6)(e)3. on or before said facility's currently
applicable Annual In-Use Compliance Certification submittal due date.
9. Any Certification submitted to
the Department as required by 310 CMR 7.24(6)(c) shall be signed by a Stage II
System Responsible Official as required by 310 CMR 7.24(6)(f).
10. Any person subject to 310 CMR 7.24(6),
upon written notice from the Department, shall perform such compliance tests as
the Department determines necessary to demonstrate the Stage II system is
installed and maintained as required by the terms and conditions of the
system's currently applicable Executive Order and shall submit the results to
the Department within 14 days of the performance of said tests.
11. Receipt of submittals by the Department
shall be as follows:
a. If hand-delivered,
the receipt date is the date of the receipt stamp;
b. If mailed, the receipt date is the date of
the postmark on the envelope used to submit the document to the Department; or
c. If electronically submitted,
the receipt date is the date the electronic submission is sent to the
Department.
(d)
Stage II System Compliance Testing Requirements. For
the purposes of 310 CMR 7.24(6)(c), the following Stage II System compliance
tests and requirements shall be required:
1.
Vapor Balance Systems. Pressure Decay Test, Vapor Tie
Test, P/V Vent Test and Dynamic Pressure/Liquid Blockage Test
2.
Vacuum Assist
Systems. Pressure Decay Test, Vapor Tie Test, P/V Vent Test,
Air-to-Liquid Ratio Test and Dynamic Pressure/ Liquid Blockage Test
3.
Healy Systems.
a. Healy 400 ORVR (Executive Order #
G-70-186), Healy 400 ORVR Above Ground Storage System (Executive Order #
G-70-187) and Franzen-Hill Cargo Tank Truck System (Executive Order #
G-70-193):
i. Pressure Decay Test:
ii. Vapor Tie Test;
iii. P/V Vent Test;
iv. Exhibit 4: Vapor Return Line Vacuum
Integrity Test; and
v. Exhibit 5:
Fill neck Vapor Pressure Regulation Fueling Test.
b. Healy 600 (Executive Order # G-70-165):
i. Pressure Decay Test;
ii. Vapor Tie Test;
iii. P/V Vent Test;
iv. Air-to-liquid Ratio Test; and
v. Exhibit 4: Vapor Return Line Vacuum
Integrity Test.
4. Compliance tests performed to meet the
requirements of 310 CMR 7.24(6)(c) shall be performed only by a person or Stage
II compliance testing company that has submitted to the Department a Stage II
Compliance Testing Company Notification as required by 310 CMR
7.24(6)(g)1.
(e)
Notification Requirements.
1. Any person, upon entering into a purchase,
lease or other contractual agreement by which said person becomes the owner,
operator, lessee or controller of an existing motor vehicle fuel dispensing
facility or tank truck subject to 310 CMR 7.24(6) shall submit to the
Department, within 30 days of the effective date of becoming such an owner,
operator, lessee or controller or within ten days of a written request from the
Department, a fully completed New Stage II System Owner, Operator, Lessee or
Controller Notification on a form obtained from the Department.
a. Said Notification shall include the
following:
i. the name of the new Stage II
system owner, operator, lessee or controller and related business
documentation, including the name and address of the facility where the Stage
II system is located or from which the tank truck is principally operated; and
ii. the effective date said person
became the new owner, operator, lessee or controller.
b. Said Notification shall be signed by the
individual who is a Responsible Official for the new owner, operator, lessee or
controller regarding the Stage II system, who shall attest to the following:
i. I certify that I personally examined the
foregoing and am familiar with the information contained in this document and
all the attachments and that, based on my inquiry of those persons immediately
responsible for obtaining the information, I believe that the information is
true, accurate and complete. I am aware that there are significant penalties
for submitting false information, including possible fines and
imprisonment;
ii. I am fully
authorized to make this attestation on behalf of this facility or tank truck,
as applicable.
2. Any person subject to 310 CMR 7.24(6),
upon entering into a sale, lease or other contractual agreement by which said
person relinquishes his or her authority as an owner, operator, lessee or
controller of a facility or tank truck subject to 310 CMR 7.24(6), shall submit
to the Department, within 30 days of the effective date of said sale, lease or
other contractual agreement, a signed letter notifying the Department of the
following:
a. the name of the person
relinquishing his or her authority as an owner, operator, lessee or controller
of the facility or tank truck subject to 310 CMR 7.24(6), the facility name,
DEP Facility Account Number and address or the address from which the tank
truck is principally operated, as applicable;
b. the name of the new owner, operator,
lessee or controller of the facility or tank truck subject to 310 CMR 7.24(6)
and related business information, including the new facility name and address
or the address from which the tank truck is principally operated, as
applicable; and c. the effective date of the change of owner, operator, lessee
or controller.
3. Any
person subject to the requirements of 310 CMR 7.24(6) seeking to permanently or
temporarily take out-of-service a motor vehicle fuel dispensing facility or
tank truck shall submit to the Department a fully completed and signed Stage II
System Closure Notification, on a form obtained from the Department.
a. Said Notification shall include the
following:
i. the name of the Stage II
facility owner, operator, lessee or controller and related business
information, including the name and address of the facility where the Stage II
system was located or from which the tank truck was principally operated, as
applicable;
ii. the DEP Facility
Account Number for the applicable facility or tank truck; and
iii. the date the Stage II system was
permanently or temporarily taken out-of-service, and attached, as applicable,
current:
(i) underground storage tank
Registration Notification indicating that the status of the tank is Temporarily
Out-of-service;
(ii) underground
storage tank Notification indicating the that status of the tank is closed
(Removed or Closed In-place); or
(iii) local permit documenting Temporarily
Out-of-service Status or closure/removal.
b. Any person subject to the requirements of
310 CMR 7.24(6) who temporarily takes out-of-service a motor vehicle fuel
dispensing system or tank truck shall, prior to commencing the distribution of
motor vehicle fuel, perform and pass all applicable compliance tests and submit
to the Department a fully completed Installation/ Substantial Modification
Certification as required by 310 CMR 7.24(6)(c)2. or decommission the Stage II
system in accordance with 310 CMR 7.24(6)(l).
c. A Stage II system shall not be temporarily
out-of-service for more than two years. d. Any person subject to the
requirements of 310 CMR 7.24(6), where the motor vehicle fuel dispensing
facility is permanently closed, shall no longer be subject to 310 CMR 7.24(6)
as of the effective date the facility was permanently closed as referenced in
the required applicable underground storage tank Notification indicating that
the status of the tank is closed (Removed or Closed In-place) or local permit
for aboveground storage tank documenting closure/removal.
4. Any Notification submitted to the
Department as required by 310 CMR 7.24(6)(e) shall be signed by a Stage II
System Responsible Official as required by 310 CMR 7.24(6)(f).
(f)
Stage II System
Responsible Official Certification of Compliance.
1. Except in circumstances described in 310
CMR 7.24(6)(f)2., any Certification or Notification required by 310 CMR
7.24(6)(c) or (e) shall be signed by an individual who is a Responsible
Official regarding Stage II system compliance.
2. For Stage II systems owned by one party
and leased, operated or controlled by another independent party and where both
parties have separate Stage II compliance responsibilities, any Certification
or Notification submitted in compliance with the requirements of 310 CMR
7.24(6)(c) or (e) shall be signed by Responsible Officials for each party
regarding Stage II system compliance. Each Stage II System Responsible Official
shall attest to the following:
i. I certify
that I personally examined the foregoing and am familiar with the information
contained in this document and all the attachments and that, based on my
inquiry of those persons immediately responsible for obtaining the information,
I believe that the information is true, accurate and complete. I am aware that
there are significant penalties for submitting false information, including
possible fines and imprisonment;
ii. that systems to maintain compliance are
in place at the facility or, if applicable, at the location from which the tank
truck is principally operated and will be maintained for the coming year even
if the processes or operating procedures are changed over the course of the
year; and
iii. I am fully
authorized to make this attestation on behalf of this facility or tank truck,
as applicable.
3. Any
person immediately responsible for obtaining information referenced in 310 CMR
7.24(6)(f), who knowingly and willfully makes false, inaccurate, incomplete or
misleading statements pursuant to any Certification or Notification required
under 310 CMR 7.24(6), may be in violation of 310 CMR 7.24(6). Notwithstanding
the previous sentence, any person subject to the requirements of 310 CMR
7.24(6), shall comply with all applicable provisions of 310 CMR
7.24(6).
(g)
Compliance Testing Company Requirements.
1. Any person who owns, leases, operates or
controls a company that performs Stage II compliance tests to meet the
requirements of 310 CMR 7.24(6)(c) shall submit to the Department a fully
completed Stage II Compliance Testing Company Notification, on a form obtained
from the Department, prior to performing any required Stage II compliance test.
a. the Notification shall include the
following:
i. the name and business mailing
address of the Stage II compliance testing company owner, operator, lessee or
controller;
ii. the name and
address of any business that is engaged in the installation or Substantial
Modification of Stage II systems and is owned, operated, leased or controlled
by, or affiliated with the owner, operator, lessee or controller of the
compliance testing company;
iii.
the name and address of any motor vehicle fuel dispensing facility or tank
truck subject to 310 CMR 7.24(6) that is owned, operated, leased or controlled
by, or affiliated with the owner, operator, lessee or controller of the
compliance testing company;
iv. the
address and telephone number of the facility(ies) from which the daily
compliance testing activities of the compliance testing company originate and
at which any records required by 310 CMR 7.24(6)(g)10. are
maintained;
v. a written
description of the employee training systems in place at the compliance testing
company to ensure required compliance tests are performed as required by
applicable protocols and procedures, pursuant to 310 CMR 7.24(6)(g)6. and 7;
and
vi. a list of all Compliance
Testing Company Responsible Officials with the authority to sign Compliance
Testing Company Certifications on behalf of the compliance testing
company.
b. Each
Notification shall be signed by an individual who is a Responsible Official
regarding the compliance testing company, who shall attest to the following:
i. I certify that I personally examined the
foregoing and am familiar with the information contained in this document and
all the attachments and that, based on my inquiry of those persons immediately
responsible for obtaining the information, I believe that the information is
true, accurate and complete. I am aware that there are significant penalties
for submitting false information, including possible fines and
imprisonment;
ii. Employee training
systems are in place at the company to ensure Stage II compliance tests are
performed as required by all applicable protocols and procedures and such
training systems will be maintained for the coming year even if the protocols
and procedures are changed over the course of the year; and
iii. I am fully authorized to make this
attestation on behalf of this Stage II Compliance Testing Company.
2. Any person subject to
the requirements of 310 CMR 7.24(6)(g) shall notify the Department in writing
of any change to the information submitted to the Department pursuant to 310
CMR 7.24(6)(g)1. within 14 days of the effective date of such change. Upon the
Department's written request, the person shall submit a fully revised and
completed Notification to the Department as required by the requirements of 310
CMR 7.24(6)(g)1.
3. No person
subject to 310 CMR 7.24(6)(g) shall perform any Stage II compliance test unless
said person has first been trained in accordance with the applicable compliance
test protocols and procedures required by 310 CMR 7.24(6)(g)6. and 7.
4. Any person subject to the requirements of
310 CMR 7.24(6)(g) shall submit, at least once every two weeks, a written list
to the Department identifying all motor vehicle fuel dispensing facilities and
tank trucks at which the company is scheduled to perform required Stage II
compliance test(s) over the next 14 day period.
a. The list shall be organized by Department
region and date, and shall include the name and address of each facility or
tank truck to be tested, the applicable section under 310 CMR 7.24(6)(c)2., 3.,
or 4., the required compliance tests to be performed, and the estimated time
that the company expects to arrive at the facility location.
b. The Department shall be notified, in
writing, of any change of date of an individual facility's scheduled compliance
tests no later than 9 A.M. of the day the scheduled test(s) is to occur.
Additions to a submitted compliance-testing schedule shall be submitted to the
Department, in writing, no less than two working days prior to the date of any
scheduled test.
c. Failure to
comply with the Notification requirements of 310 CMR 7.24(6)(g) 4. may be a
basis for the Department to determine that tests conducted after inadequate
notice are invalid.
5.
Any person subject to the requirements of 310 CMR 7.24(6)(g) shall immediately
notify the Department of any failed Stage II compliance tests performed as
required by 310 CMR 7.24(6)(c) if said person did not return to retest the
Stage II system as required by 310 CMR 7.24(6)(c)6. or 7. on or before the
facility's Annual In-Use Compliance Certification submittal date, or within 30
days of the date of the Stage II system's first passing test result, whichever
occurs first. Said person shall notify the Department regarding the name and
address of the facility, and the facility's Facility Account Number.
6. Any person subject to 310 CMR 7.24(6)(g)
shall perform compliance tests to meet the requirements of 310 CMR 7.24(6)(c)
only upon confirmation that:
a. all above
ground Stage II system components including, but not limited to: dispensers;
nozzles; swivels; hose retractors; hoses; breakaways; vapor check valves; and
the pressure/vacuum valve(s) are installed as required and are the correct
components as required by the terms and conditions of the system's currently
applicable Executive Order; and
b.
all motor vehicle fuel dispensing facilities with two or more motor vehicle
fuel storage tanks are properly manifolded as required by the terms and
conditions of the system's currently applicable Executive Order.
7. Any person subject to 310 CMR
7.24(6)(g), shall perform Stage II compliance tests to meet the requirements of
310 CMR 7.24(6) only in accordance with the applicable test procedures cited
below:
a. Pressure Decay Test (Bay Area Air
Pollution Control District Source Test Procedure ST-30 (2/6/1991)) and 310 CMR
7.24(6)(g)7.a.:
Table A. Minimum Allowable Pressure.
Table A. MINIMUM ALLOWABLE PRESSURE (Based on
an initial pressure of 10.0" wc.) |
Ullage (Gal) |
Minimum Allowable Pressure ("wc) |
Ullage (Gal) |
Minimum Allowable Pressure ("wc) |
500 |
3.70 |
6,000 |
9.38 |
600 |
4.50 |
7,000 |
9.46 |
700 |
5.20 |
7,500 |
9.50 |
800 |
5.80 |
8,000 |
9.52 |
900 |
6.20 |
9,000 |
9.56 |
1,000 |
6.50 |
10,000 |
9.60 |
1,250 |
7.05 |
11,000 |
9.62 |
1,750 |
7.90 |
12,000 |
9.64 |
2,000 |
8.20 |
13,000 |
9.66 |
2,250 |
8.35 |
14,000 |
9.68 |
2,500 |
8.50 |
15,000 |
9.70 |
2,750 |
8.60 |
16,000 |
9.71 |
3,000 |
8.70 |
17,000 |
9.71 |
3,250 |
8.80 |
18,000 |
9.72 |
3,500 |
8.90 |
19,000 |
9.73 |
3,750 |
9.00 |
20,000 |
9.73 |
4,000 |
9.10 |
21,000 |
9.74 |
4,250 |
9.15 |
22,000 |
9.75 |
4,500 |
9.20 |
23,000 |
9.75 |
4,750 |
9.25 |
24,000 |
9.76 |
5,000 |
9.30 |
25,000 |
9.77 |
30,000 |
9.80 |
Note: For a valid test, total ullage must be at least
500 gallons but no more than 30,000 gallons. |
b.
Underground Piping Check (Vapor Tie) Test (San Diego County Air Pollution
Control District Test Procedure TP-96-1, Section 5.1.9).
c. Pressure/Vacuum Vent Test (Leak Rate and
Cracking Pressure of Pressure/ Vacuum Vent Valves, CARB TP-201.1E) P/V relief
vents shall be tested to be within.29oz/in2 or 0.5
inches of water column of the designed pressure and within
1.2oz/in2 or 2.0 inches of water column of the
vacuum settings.
d. Air-to-liquid
Volume Ratio Test (CARB TP-201.5).
e. Dynamic Pressure/Liquid Blockage Test
(CARB TP-201.4).
f. Healy 400 ORVR
(Executive Order # G-70-186), Healy 400 ORVR Above Ground Storage System
(Executive Order # G-70-187) and Franzen-Hill Cargo Tank Truck System
(Executive Order # G-70-193).
Exhibit 4: Vapor Return Line Vacuum Integrity Test.
Exhibit 5: Fillneck Vapor Pressure Regulation Fueling
Test.
Healy 600 (Executive Order # G-70-165).
Exhibit 4: Vapor Return Line Vacuum Integrity Test.
8. Any person subject to
310 CMR 7.24(6)(g) shall certify to the Department that each compliance test
performed to meet the requirements of 310 CMR 7.24(6)(c) was performed as
required by 310 CMR 7.24(6)(g)6. and 7. As applicable, the Certification shall
be submitted on a Stage II Installation/Substantial Modification Certification,
Alternative Annual In-use Compliance Certification, or Annual In-use Compliance
Certification and shall include:
a. the date
each compliance test was first performed and the result;
b. the date each compliance test was
performed and passed;
c. a notation
whether:
i. the entire installed Stage II
system was tested and passed all applicable compliance tested; or
ii. incorrectly installed, non-functioning or
broken components were isolated from the remainder of the installed Stage II
system and the remainder of Stage II system was tested and passed all
applicable compliance tests; and
d. If the remainder of the Stage II system
was tested and passed all applicable compliance tests, as noted in 310 CMR
7.24(6)(g)8.c., identify all components isolated from the remainder of the
Stage II system.
9. Each
Certification submitted pursuant to 310 CMR 7.24(6)(g)8. shall be fully
completed and signed by a Compliance Testing Company Responsible Official, who
shall attest to the following:
a. I certify
that I personally examined the foregoing and am familiar with the information
contained in this document and all the attachments and that, based on my
inquiry of those persons immediately responsible for obtaining the information,
I believe that the information is true, accurate and complete. I am aware that
there are significant penalties for submitting false information, including
possible fines and imprisonment; and
b. I am fully authorized to make this
attestation on behalf of this Stage II Compliance Testing Company.
10. Any person subject to 310 CMR
7.24(6)(g) shall maintain the following records on site, for a minimum of five
years, at the location(s) referenced on the form submitted pursuant to 310 CMR
7.24(6)(g)1.a.iv:
a. A complete set of records
of compliance tests performed to meet the requirements of 310 CMR 7.24(6)(c).
Such records shall include, by facility address:
i. the date and first result for each
required test performed;
ii. the
date each test was performed and passed; and iii. an itemized list of all Stage
II system components re-installed, repaired or replaced as necessary for the
system to pass the applicable test(s).
b. A current record of all persons or
employees trained as required by 310 CMR 7.24(6)(g)3. Such record shall include
the following:
i. the date training was
received;
ii. the person or
employee's printed name; and iii. the personal signature of the person or
employee acknowledging receipt of required training.
11. All records maintained
pursuant to 310 CMR 7.24(6)(g)10. shall be made available to the Department or
the US EPA immediately upon the request of either.
(h) Violations of 310 CMR 7.24(6). For any
person subject to 310 CMR 7.24(6) it shall be a violation of 310 CMR 7.24(6)
to:
1. fail to submit any Certification or
Notification required by to 310 CMR 7.24(6) as applicable;
2. make any false, inaccurate, incomplete or
misleading statements in any Certification or Notification required by to 310
CMR 7.24(6);
3. make any false,
inaccurate, incomplete or misleading statements in any record, report, plan,
file, log or register which said person is required to keep pursuant to 310 CMR
7.24(6);
4. hold themselves out as
a responsible official in violation of the applicable requirements of to 310
CMR 7.24(6);
5. fail to comply with
any applicable standards imposed under 310 CMR 7.24(6); or
6. violate any other provision of 310 CMR
7.24(6).
(i)
Department Adopted CARB Stage II System Executive
Orders.
Number |
Description |
G-70-7-AD |
Certification of the Hasstech Model VCP-2 and VCP 2A
Phase II Vapor Recovery System. |
G-70-14-AA |
Recertification of Red Jacket Aspirator Assist Phase
II Vapor Recovery System. |
G-70-17-AD |
Modification of Certification of the Emco Wheaton
Balance Phase II Vapor Recovery System. |
G-70-18-C |
Modification of Certification of the Shell Model 75B1
and 75B1-R3 Service Station Phase II Vapor Recovery System. |
G-70-23-AC |
Recertification of the Exxon Balance Phase II Vapor
Recovery System. |
G-70-25-AA |
Recertification of the Atlantic Richfield Balance
Phase II Vapor Recovery System. |
G-70-33-AB |
Certification of the Modified Hirt VCS-200 Vacuum
Assist Phase II Vapor Recovery System. |
G-70-36-AD |
Modification of Certification of the OPW Balance
Phase II Vapor Recovery System. |
G-70-37-B |
Modification of the Certification of the Chevron
Balance Phase II Vapor Recovery System with OPW nozzles for
Service. |
G-70-38-AB |
Recertification of the Texaco Balance Phase II Vapor
Recovery System. |
G-70-48-AA |
Recertification of the Mobil Oil Balance Phase II
Vapor Recovery System. |
G-70-49-AA |
Recertification of the Union Balance Phase II Vapor
Recovery System. |
G-70-52-AM |
Certification of Components for Red Jacket, Hirt and
Balance Phase II Vapor Recovery System. |
G-70-53-AA |
Recertification of the Chevron Balance Phase II Vapor
Recovery System. |
G-70-77 |
Certification of the OPW Repair/Replacement Parts and
Modification of the Certification of the OPW Balance Phase II Vapor Recovery
System. |
G-70-78 |
Certification of the E-Z Flo Nozzle Company Rebuilt
Vapor Recovery Nozzles and Vapor Recovery Components. |
G-70-101-B |
Certification of the E-Z Flo Model 3006 and 3007
Vapor Recovery Nozzles and Use of E-Z Flo Components with OPW Models 11VC and
11 VE Vapor Recovery Nozzles. |
G-70-107 |
Certification of Rainbow Petroleum Products Model
RA3003, RA3005, RA3006 and RA3007 Vapor Recovery Nozzles and Vapor Recovery
Components. |
G-70-110 |
Certification of Stage I and II Vapor Recovery
Systems for Methanol Fueling Facilities. |
G-70-118-AB |
Certification of Amoco V-1 Vapor Recovery
System. |
G-70-125-AA |
Modification of the Certification of the Husky Model
V Phase II Balance Vapor Recovery Nozzle. |
G-70-127 |
Certification of the OPW Model 111-V Phase Vapor
Recovery Nozzle. |
G-70-134 |
Certification of the EZ Flo Rebuilt A-4000 Series and
11V-Series Vapor Recovery System. |
G-70-139 |
Addition to the Certification of the Hirt Model
VCS-200 Phase II Vapor Recovery System. |
G-70-150-AE |
Modification of the Certification of the Gilbarco
VaporVac Phase II Vapor Recovery System. |
G-70-153-AD |
Modification to the Certification of the
Dresser/Wayne WayneVac Phase II Vapor Recovery System. |
G-70-154-AA |
Modification to the Certification of the Tokheim
MaxVac Phase II Vapor Recovery System. |
G-70-159-AB |
Modifiaction of the Certification of the Saber Nozzle
for Use with the Gilbarco VaporVac Phase II Vapor Recovery System. |
G-70-163-AA |
Certification of the OPW VaporEZ Phase II Vapor
Recovery System. |
G-70-164-AA |
Modification to the Certification of the Hasstech
VCP-3A Vacuum Assist Phase II Vapor Recovery System. |
G-70-165 |
Healy Vacuum Assist Phase II Vapor Recovery
System. |
G-70-169-AA |
Modification to the Certification of the Franklin
Electric INTELLIVAC Phase II Vapor Recovery System. |
G-70-170 |
Certification of the EZ-flo Rebuilt 5005 and 5015 for
use with the Balance Phase II Vapor Recovery System. |
G-70-177-AA |
Certification of the VCS400-7 Vacuum Assist Phase II
Vapor Recovery System. |
G-70-179 |
Certification of the Catlow ICVN-V1 Vacuum Assist
Phase II Vapor Recovery System. |
G-70-180 |
Order Revoking Certification of the Healy Phase II
Vapor Recovery Systems for Gasoline Dispensing Systems. |
G-70-183-AA |
Certification of the Healy/Franklin Vacuum Assist
Phase II Vapor Recovery System. |
G-70-186 |
Certification of the Healy Model 400 ORVR Vapor
Recovery System. |
G-70-188 |
Certification of the Catlow ICVN Vapor Recovery
Nozzle System for use with the Gilbarco VaporVac Vapor Recovery
System. |
G-70-191AA |
Healy/Franklin VP-1000 Vapor Pump Phase II Vapor
Recovery System(Healy ORVR Phase II Vapor Recovery System). |
G-70-196 |
Certification of the Saber Technologies, LLC SaberVac
VR Phase II Vapor Recovery System |
G-70-199-AJ |
Certification of the Gasoline Dispensing Nozzles to
the Liquid Retention of 350 milliliters per 1,000 Gallons
Dispensed. |
VR-201-A |
Healy System Inc. Phase II Enhanced Vapor Recovery
(EVR) System Not Including ISD |
EVR-202-A |
Healy Phase II Enhanced Vapor Recovery System
Including Veeder-Root ISD System |
G-70-204-A |
Certification of the Gilbarco VaporVac/OPW Vaporsaver
ORVR-Compatible System |
(j)
Department Adopted Carb Stage Ii System Executive Orders for
Aboveground Storage Tank Vapor Recovery Systems.
Number |
Description |
G-70-102-A |
Certification of a Phase I Vapor Recovery System for
Aboveground Storage Tanks with less than 40,000 Gallons Capacity for Gasoline
or Gasoline/Methanol Blended Fuels |
G-70-116-F |
ConVault Aboveground Tank Vapor Recovery
System |
G-70-128 |
Bryant Fuel Cell Aboveground Tank Vapor Recovery
System |
G-70-130A |
Petrovault Aboveground Tank Vapor Recovery
System |
G-70-131A |
Tank Vault Aboveground Tank Vapor Recovery
System |
G-70-132-A |
Supervault Aboveground Tank Vapor Recovery
System |
G-70-132-B |
Supervault Aboveground Tank Vapor Recovery
System |
G-70-136 |
FireSafe Aboveground Tank Vapor Recovery
System |
G-70-137 |
FuelSafe Aboveground Tank Vapor Recovery
System |
G-70-138 |
Phase II Vapor Recovery Systems Installed on Gasoline
Bulk Plants/Dispensing Facilities with Aboveground Tanks |
G-70-139 |
Addition to the Certification of the Hirt Model
VCS-200 Phase II Vapor Recovery System |
G-70-140-A |
Integral Phase I and Phase II Aboveground Tank
Configurations with the Healy Phase II Vapor Recovery System |
G-70-142-B |
Phase I Vapor Recovery System for Aboveground
Gasoline Storage Tanks |
G-70-143 |
P/T Vault Aboveground Tank Vapor Recovery
System |
G-70-147-A |
New United Motors Manufacturing, Incorporated Phase
II Vapor Recovery System at the Fremont, California Assembly Plant |
G-70-148-A |
Lube Cube Aboveground Tank Vapor Recovery
System |
G-70-152 |
Moiser Brothers Tanks and Manufacturing Aboveground
Tank Vapor Recovery System |
G-70-155 |
Petroleum Marketing Aboveground Tank Vapor Recovery
System |
G-70-156 |
Ecovault Aboveground Tank Vacuum Assist Vapor
Recovery System |
G-70-157 |
Ecovault Aboveground Tank Balance Vapor Recovery
System |
G-70-158-A |
Firesafe Aboveground Tank Vapor Recovery
System |
G-70-160 |
Aboveground Tank Vault Vapor Recovery
System |
G-70-161 |
Hoover Containment Systems, Incorporated Fuelmaster
Aboveground Tank Vapor Recovery System |
G-70-162-A |
Steel Tank Institute Fireguard Aboveground Tank Vapor
Recovery System |
G-70-167 |
EnviroVault Aboveground Tank Vapor Recovery
System |
G-70-168 |
Bryant Fuel Systems Phase I Vapor Recovery
System |
G-70-175 |
Hasstech VCP-3A Vacuum Assist Phase II Vapor Recovery
System for Aboveground Tank Systems |
G-70-181 |
Hirt VCS400-7 Bootless Nozzle Phase II Vapor Recovery
System for Aboveground Storage Tank Systems |
G-70-187 |
Healy Model 400 ORVR Vapor Recovery System for
Aboveground Tank Systems |
G-70-190 |
Guardian Containment, Corporation Armor Cast
Aboveground Tank Vapor Recovery System |
G-70-192 |
Certification of the Healy Model 400 ORVR Nozzle for
Existing Aboveground Storage Tank Systems |
G-70-193 |
Certification of the Hill-Vac Vapor Recovery System
for Cargo Tank Motor Vehicle Fueling Systems |
G-70-194 |
Containment Solutions Hoover Vault Aboveground Tank
Vapor Recovery System |
G-70-195 |
Cretex Companies, Inc FuelVault Aboveground Tank
Vapor Recovery System |
G-70-197 |
Synchrotek Fastflo 3 Phase II Vapor Recovery
System |
G-70-200 |
Oldcastle Aboveground Below-grade Fuel Vault with
Balance Vapor Recovery System and Buried Vapor Return Piping |
G-70-201 |
Oldcastle Aboveground Below-grade Fuel Vault with
Balance Vapor Recovery System and Trenched Vapor Return Piping |
G-70-202 |
Oldcastle Aboveground Below-grade Fuel Vault with
Gilbarco VaporVac Phase II Recovery System and Trenched Vapor Return
Piping |
(k) The
provisions and requirements of 310 CMR 7.24(6)(a) and (b) are subject to the
enforcement provisions specified in
310 CMR
7.52.
(l)
Decommissioning.
1. Any person subject to 310 CMR 7.24(6)
shall decommission an installed Stage II Vapor Recovery System only in
accordance with the following requirements:
a. Decommissioning will be done in accordance
with the PEI Recommended Practices for Installation and Testing of Vapor
Recovery Systems at Vehicle-fueling Sites, PEI/RP300-09, Section 14,
Decommissioning Stage II Vapor Recovery Piping; and
b. If not already installed, a California Air
Resources Board Enhanced Vapor Recovery (CARB EVR) Pressure Vacuum Vent Valve
and CARB EVR rotatable product and vapor adaptors as described in the CARB
Executive Orders listed in 310 CMR 7.24(6)(l)1.b.:
Table 1.
and
Table 2. shall be installed. Rotatable adaptors shall not
be required for aboveground storage tanks and coaxial Stage I systems.
Table 1.
CARB Underground Storage Tank Enhanced Vapor Recovery
System Executive Orders
Executive Order Number |
Description |
Date |
VR-101-N |
Phil-Tite Phase I Vapor Recovery
System. |
June 8, 2013 |
VR-102-O |
OPW Phase I Vapor Recovery System. |
October 3, 2014 |
VR-103-G |
EBW Phase I Vapor Recovery System. |
June 3, 2013 |
VR-104-G |
CNI Manufacturing Phase I Vapor Recovery
System. |
June 8, 2013 |
VR-105-D |
EMCO Wheaton Phase I Vapor Recovery
System |
August 27, 2014 |
Table 2.
CARB Aboveground Storage Tank Enhanced Vapor Recovery
System Executive Orders
Executive Order Number |
Description |
Date |
VR-301-F |
Standing Loss Control of Vapor Recovery Systems for
Existing Installations of Aboveground Storage Tanks |
June 3, 2014 |
VR-302-F |
Standing Loss Control of Vapor Recovery Systems for
New Installations of Aboveground Storage Tanks |
June 3, 2014 |
VR-401-D |
OPW Enhanced Vapor Recovery (EVR) System for Above
Ground Storage Tanks (AST) |
May 12, 2014 |
VR-402-B |
Morrison Brothers Phase I Enhanced Vapor Recovery
(EVR) System for Above Ground Storage Tanks (AST) |
April 15, 2013 |
G-70-216 |
Extension of Executive Orders for Existing Above
Ground Storage Tanks |
March 13, 2014 |
2. Prior to re-commencing operations
following decommissioning, the following compliance tests, as applicable, shall
be performed:
a. Pressure Decay two inch Test
(CARB TP-201.3; March 17, 1999);
b.
Vapor Tie Test (San Diego APCD TP-96-1, section 5.1.9; March 1,
1996);
c. Pressure/Vacuum Vent
Valve Test (CARB TP-201.1E; October 8, 2003);
d. Static Torque Rotatable Adaptor Test (CARB
TP-201.1B; October 8, 2003), if rotatable adaptors are installed; and as
applicable, either:
e. Leak Rate of
Drop Tube/Drain Valve Assembly Test (CARB TP-201.1 C; October 8, 2003); or
f. Leak Rate of Drop
Tube/Overfill Prevention Devices (CARB T-201.1D; October 8,
2003).
3. If a facility
fails any of the tests cited in 310 CMR 7.24(6)(l)2., the failed component
shall be replaced with a comparable CARB EVR component.
4. Prior to re-commencing operations
following decommissioning, a fully completed and signed Stage II
Decommissioning Notification, including a copy of PEI Decommissioning Checklist
and passing test results for all applicable compliance tests, shall be
submitted to the Department.
(7)
Oxygenated Gasoline
Composition and Use.
(a)
Applicability.
1.310
CMR 7.24(7) applies to any person who owns, leases, operates, or controls one
or more of the following in the Commonwealth of Massachusetts as defined in
310 CMR
7.00:
a. Bulk
plants;
b. Bulk
terminals;
c. Tank trucks subject
to 310 CMR 7.24(4);
d. Gasoline
marketing facilities; or e. Motor vehicle fuel dispensing facilities.
2. If the Department verifies a
violation of the eight hour carbon monoxide National Ambient Air Quality
Standard within Boston, Cambridge, Chelsea, Everett, Malden, Medford, Quincy,
Revere or Somerville, in the next applicable oxygenated gasoline control
period, no person subject to 310 CMR 7.24(7)(a)1. shall provide, offer for
sale, use, sell, or exchange in trade any gasoline in the oxygenated gasoline
control area, during the oxygenated gasoline control period, which is not
oxygenated gasoline, except where an emergency exemption has been issued by the
Department pursuant to 310 CMR 7.24(7)(g).
3. Such limitations shall not apply to the
offer, provision, sale, or exchange of gasoline not meeting the requirements of
310 CMR 7.24(7)(a)2. by subject bulk plants, bulk terminals, or tank trucks
during the oxygenated gasoline control period to gasoline marketing facilities
or motor vehicle fuel dispensing facilities located outside the oxygenated
gasoline control area.
(b)
Compliance
Testing.
1. Any person who owns,
leases, operates, or controls a bulk plant or bulk terminal subject to
310 CMR
7.00 shall conduct gasoline testing for the purposes
of compliance with the requirements of 310 CMR 7.24(7). Such compliance testing
shall include but not be limited to:
a.
determination of the oxygenate content by weight of gasoline;
b. the percent oxygen content by weight; and
c. the oxygenate type(s) utilized
to satisfy the requirements of
310 CMR
7.00.
2. Bulk plants and bulk terminals subject to
310 CMR 7.24(7) which receive oxygenated gasoline such that no additional
blending of oxygenates occurs for the purpose of compliance with
310 CMR
7.00, shall conduct compliance testing upon receipt of
each delivery of such oxygenated gasoline.
3. Bulk plants and bulk terminals subject to
310 CMR 7.24(7) which blend oxygenates with gasoline for the purpose of
compliance with 310 CMR 7.24(7), shall conduct compliance testing upon the
transfer of every 1,000,000 gallons of oxygenated gasoline from said bulk plant
or bulk terminal to subject tank trucks, or more frequently if so required by
the Department.
(c)
Methods for Sampling, Testing, and Calculating Oxygen
Content.
1. Any person
determining the oxygen content by weight of gasoline shall use the values
listed in Table 7.24(7)(c)1., and the methods identified in 310 CMR
7.24(7)(c)2., 3., and 4. All volume measurements shall be adjusted to
60°F.
2. Any person determining
the oxygen content by weight of gasoline shall obtain a representative sample
in accordance with the US Environmental Protection Agency's (EPA) sampling
method as detailed in Title 40 CFR Part 80, Appendix D or any other sampling
method approved by the Department and EPA.
3. Any person determining the oxygen content
by weight of gasoline shall determine the mass concentration of each oxygenate
in the sample by one of the following methods:
a. ASTM Method 4815 (Standard Test Method For
Determination of C1 to C4 Alcohols and MTBE in Gasoline by Gas Chromatography);
or
b. Appendix C to EPA's Notice of
Guidelines for Oxygenated Gasoline Credit Programs; or
c. Any other method approved by the
Department and EPA.
4.
Any person determining the oxygen content by weight of gasoline shall use the
oxygen content conversion methodology contained in EPA's Notice of Guidelines
for Oxygenated Gasoline Credit Programs.
TABLE 7.24(7)(c) - 1.
SPECIFIC GRAVITY AND WEIGHT FRACTION OXYGEN OF COMMON
OXYGENATES
Oxygenate |
Weight Fraction Oxygen |
Specific Gravity |
Methyl alcohol |
0.4993 |
0.7963 |
Ethyl alcohol |
0.3473 |
0.7939 |
Normal propyl alcohol |
0.2662 |
0.8080 |
Isopropyl alcohol |
0.2662 |
0.7899 |
Normal butyl alcohol |
0.2158 |
0.8137 |
Isobutyl alcohol |
0.2158 |
0.8058 |
Secondary butyl alcohol |
0.2158 |
0.8114 |
Tertiary butyl alcohol |
0.2158 |
0.7922 |
Methyl tertiary butyl ether (MTBE) |
0.1815 |
0.7460 |
Tertiary amyl methyl ether (TAME) |
0.1566 |
0.7752 |
Ethyl tertiary butyl ether (ETBE) |
0.1566 |
0.7452 |
Di-isopropyl ether (DIPE) |
0.1566 |
0.7300 |
(d)
Record Keeping.
1. All records and documentation maintained
in compliance with 310 CMR 7.24(7)(d)2., 3., and 4. shall be retained on site,
or, upon the written agreement from the Department, in a centralized location,
for not less than two calendar years, and shall be made available for review
upon request of the Department.
2.
Any person who owns, leases, operates, or controls a bulk plant or bulk
terminal subject to 310 CMR 7.24(7) shall maintain records containing the
following information:
a. Results of all
compliance testing, including the test method and sampling procedure, and the
name and address of the person performing such testing.
b. All transfer documents specified in 310
CMR 7.24(7)(e)1.
3. Any
person who owns, leases, operates, or controls a tank truck subject to 310 CMR
7.24(7) shall maintain records containing the following information:
a. All transfer documents specified in 310
CMR 7.24(7)(e)1.
b. All transfer
documents specified in 310 CMR 7.24(7)(e)2.
4. Any person who owns, leases, operates, or
controls a gasoline marketing facility or motor vehicle fuel dispensing
facility subject to
310 CMR
7.00 shall maintain records containing the following
information:
All transfer documents specified in 310 CMR 7.24(7)(e)2.
(e)
Transfer
Documents.
1. Any person who
owns, leases, operates, or controls a bulk plant or bulk terminal subject to
310 CMR 7.24(7) shall provide a transfer document for the purposes of
documenting each transfer of oxygenated gasoline from said plant or terminal to
a subject tank truck. Said transfer document may consist of an invoice, bill of
lading, shipping paper or other documentation, and shall include, but need not
be limited to, the following information:
a. a
statement that the oxygenated gasoline transferred complies with the
requirements of 310 CMR 7.24(7)(a)2.;
b. the date and quantity of oxygenated
gasoline transferred;
c. the name
and address of the person owning, leasing, operating, or controlling said bulk
plant or bulk terminal from which oxygenated gasoline is transferred; and d.
The name and address of the person owning, leasing, operating, or controlling
said tank truck to which oxygenated gasoline is
transferred.
2. Any
person who owns, leases, operates, or controls a tank truck subject to 310 CMR
7.24(7) shall provide a transfer document for the purposes of documenting each
transfer of oxygenated gasoline from said tank truck to a subject gasoline
marketing facility or motor vehicle fuel dispensing facility. Said transfer
document may consist of an invoice, bill of lading or other documentation, and
shall include, but need not be limited to, the following information:
a. a statement that the oxygenated gasoline
transferred complies with the requirements of 310 CMR 7.24(7)(a)2.;
b. the date and quantity of oxygenated
gasoline transferred;
c. the name
and address of the person owning, leasing, operating, or controlling said tank
truck from which oxygenated gasoline is transferred; and
d. The name and address of the person owning,
leasing, operating, or controlling said gasoline marketing facility or motor
vehicle fuel dispensing facility to which oxygenated gasoline is
transferred.
(f)
Dispenser
Labeling.
1. Each gasoline
marketing facility or motor vehicle fuel dispensing facility subject to 310 CMR
7.24(7)(f) shall permanently affix a label to each gasoline dispensing device
as specified in 310 CMR 7.24(7)(f)2.
2. The label shall state the following: "From
November 1st through the last day of February, the
gasoline dispensed from this pump is oxygenated and will reduce carbon monoxide
pollution from motor vehicles."
3.
Any label required pursuant to 310 CMR 7.24 shall be:
a. Posted on the upper a, of the pump or
dispenser unit face which depicts the volume and cost of gasoline dispensed,
such that the label is clear, conspicuous, and easily readable to a driver in
the vehicle to which gasoline may be dispensed; and
b. Is clearly legible and in block letters
that are:
i. No less than 20-point bold type;
and
ii. In a color that contrasts
with the background on which they are placed.
(g)
Emergency
Exemption.
1. In extreme and
unusual circumstances, such as a natural disaster or other event outside of the
control of the applicant, such that the applicant has an insufficient supply of
oxygenated gasoline, and which could not have been avoided by the exercise of
prudence, diligence, and due care the Department may approve an application for
an emergency exemption if the applicant demonstrates, in writing, to the
Department's satisfaction that:
a. the
emergency exemption is in the public interest;
b. the applicant has exercised prudent
planning and was not able to avoid the insufficient supply of oxygenated
gasoline and has taken all reasonable steps to minimize the extent of the
insufficient supply of oxygenated gasoline;
c. the applicant can show how the
requirements for oxygenated gasoline will be expeditiously met; and d. the
applicant will not incur a financial gain from the granting of such an
emergency exemption.
2.
The Department may elect to hold a public hearing on any request for an
emergency exemption.
3. No person
who applies, in writing, for an emergency exemption shall provide, offer for
sale, sell, or exchange in trade any gasoline other than oxygenated gasoline
during the oxygenated gasoline control period in the oxygenated gasoline
control area without the written approval of the Department.
4. An emergency exemption issued by the
Department shall not exceed 30 days. Said exemption may be renewed by the
Department upon written demonstration of need, consistent with the requirements
of 310 CMR 7.24(7)(g).
5. Any
person to whom the Department has issued an emergency exemption shall:
a. Only provide, offer for sale, sell, or
exchange in trade gasoline with an oxygen content of at least 2% by weight
during the oxygenated gasoline control period;
b. Maintain records required by 310 CMR
7.24(7)(d)1. documenting the quantity of gasoline sold or transferred each day;
and
c. Within 30 days of the end of
the emergency exemption, submit a report to the Department in writing
summarizing the information contained in such records.
(h) The provisions of 310 CMR
7.24(7) may be enforced pursuant to
310 CMR
7.52.
(8)
Marine Volatile Organic
Liquid Transfer.
(a)
Applicability. 310 CMR 7.24(8) applies to any person
who owns, leases, operates, or controls a marine terminal or marine tank vessel
which:
1. takes part in a loading event which
transfers an organic liquid, or in which any liquid is transferred into a
marine vessel cargo tank which previously held an organic liquid; or,
2. which performs ballasting or
cleaning operations on a cargo tank which previously held organic liquid while
the vessel is moored at a dock or other permanent stationary structure. The
provisions of 310 CMR 7.24(8) do not apply to lightering operations.
(b)
Reasonably
Available Control Technology (RACT) Requirements. On or after May
31, 1995 no person subject to 310 CMR 7.24(8) shall cause, suffer, allow, or
permit emissions of volatile organic compounds in excess of the emissions
limitations and standards set forth in 310 CMR 7.24(8)(c) through
(e).
(c)
RACT Emissions
Limitations.
1. No person subject
to 310 CMR 7.24(8) shall cause, suffer, allow, or permit a loading event while
docked at a marine terminal unless:
a. marine
tank vessel emissions of volatile organic compounds are limited to two lbs per
1,000 bbls of organic liquid transferred (5.7 grams per cubic meter); or,
b. marine tank vessel emissions of
volatile organic compounds are processed by equipment satisfying 310 CMR
7.24(8)(d), and reduced by at least 95% by weight as compared to uncontrolled
conditions when using a recovery device, or by at least 98% by weight as
compared to uncontrolled conditions when using a combustion device;
and,
c. the organic material
storage tanks at the marine terminal to be used during the loading event meet
the requirements of 310 CMR 7.24(1).
2. Marine tank vessel emissions resulting
from ballasting or cleaning of cargo tanks are subject to the emissions
limitations of 310 CMR 7.24(8)(c)1. only if emissions capture and control
equipment is installed at the marine terminal.
(d)
Emissions Capture and Control
Equipment Requirements. Any emissions capture and control
equipment used to comply with 310 CMR 7.24(8)(c) shall be designed and operated
to collect and control volatile organic compound emissions from the loading of
organic liquids into marine tank vessels or from ballasting and cleaning cargo
tanks which previously held an organic liquid.
(e)
Equipment Performance
Standards.
1. No person subject
to 310 CMR 7.24(8) shall cause, suffer, allow, or permit a loading event unless
the marine tank vessel is vapor tight or the tank vessel is loaded at less than
atmospheric pressure.
2. Marine
tank vessels shall be demonstrated to be vapor tight by one of the following:
a. present a copy of the vapor-tightness
pressure test documentation for the marine tank vessel prior to loading. The
date listed on the documentation must be within the 12 months preceding the
date of demonstration, and the test must be conducted in accordance with the
procedures specified in Section 63.565(c)(1) of 40 CFR Part 63, Subpart Y; or
b. present a copy of the
vapor-tightness leak test documentation for the marine tank vessel prior to
loading. The date listed on the documentation must be within the 12 months
preceding the date of demonstration, and the test must be conducted in
accordance with the procedures in Method 21 of 40 CFR Part 60 Appendix A; or
c. perform a leak test during the
loading event in accordance with the procedures in Method 21 of 40 CFR Part 60
Appendix A.
(f)
Plan Submittal Requirements. Any person subject to 310
CMR 7.24(8) must submit an emission control plan for approval by the Department
which satisfies the requirements of
310 CMR
7.18(20)(c). This provision
does not apply to any person who is subject to 310 CMR 7.24(8), and who has
received written approval from the Department under
310 CMR
7.02,
310 CMR
7.18(17), or
310 CMR
7.18(20) for emission
capture and control equipment which satisfies the requirements of 310 CMR
7.24(8).
(g)
Recordkeeping Requirements. Any person subject to 310
CMR 7.24(8) shall prepare and maintain records regarding each loading event
sufficient to demonstrate compliance with 310 CMR 7.24(8)(c) through (e).
Records kept to demonstrate compliance shall be kept on site for five years and
shall be made available to representatives of the Department or EPA. Such
records shall include, but are not limited to:
1. The name and location of the marine
terminal at which the loading event occurred.
2. The company responsible for the operation
of the marine terminal.
3. The
date(s) and times at which the marine tank vessel arrived and departed from the
marine terminal.
4. The name,
registry, and owner of the marine tank vessel.
5. The prior cargo carried by the marine tank
vessel.
6. The type and amount of
organic liquid loaded into the tank vessel.
7. The condition of the tanks prior to being
loaded (e.g., cleaned, gas freed,
etc).
8.
Description of the operating procedure used to control emissions while
ballasting into unsegregated ballast tanks (associated with unloading or other
events).
9. Any testing performed
during loading.
10. Any leaks
detected and the repair action taken.
(h)
Testing
Requirements.
1. Any person
subject to 310 CMR 7.24(8) who owns or operates a marine terminal shall, upon
startup of the emission control equipment, conduct initial performance tests to
demonstrate compliance with 310 CMR 7.24(8). Testing shall be conducted in
accordance with EPA Method 21 and Method 25 as described in CFR Title 40 Part
60, or by other methods approved by the Department and EPA.
(i)
Monitoring
Requirements.
1. Any person
subject to 310 CMR 7.24(8) who installs and operates emission control equipment
to meet the emission limitations in 310 CMR 7.24(8)(c) must monitor the
emission control equipment in accordance with the procedures specified in
§§ 63.564(e) through (j) of 40 CFR 63 Subpart Y.
2. Any person subject to 310 CMR 7.24(8) who
owns or operates a marine terminal shall, upon the request of the Department,
conduct tests of the emission control equipment, to demonstrate compliance with
310 CMR 7.24(8). Testing shall be conducted in accordance with EPA Method 21
and Method 25 as described in CFR Title 40 Part 60, or by other methods
approved by the Department and EPA.
3. The owner or operator of any marine
terminal shall notify the Department in writing of the date of any test to
demonstrate compliance with the emission limitations of 310 CMR 7.24(8)(c)1. at
least 30 days in advance of that date. Testing results shall be submitted to
the Department within 30 days of completion of the test. Testing results shall
also be maintained at the marine terminal for a period of five years.