Current through Register Vol. 49, No. 6, March 15, 2024
(1) Applicability. This rule applies
throughout Clay, Jackson, and Platte Counties.
(2) Definitions.
(A) CARB-California Air Resources
Board.
(B) Cargo tank-A delivery
tank truck or railcar which is loading gasoline or which has loaded gasoline on
the immediately previous load.
(C)
Condensate (hydrocarbons)-A hydrocarbon liquid separated from natural gas which
condenses due to changes in the temperature or pressure, or both, and remains
liquid at standard conditions.
(D)
Crude oil-A naturally occurring mixture consisting of hydrocarbons and sulfur,
nitrogen, or oxygen derivatives of hydrocarbons (or a combination of these
derivatives), which is a liquid at standard conditions.
(E) Custody transfer-The transfer of produced
crude oil or condensate, or both, after processing or treating, or both, in the
producing operations, from storage tanks or automatic transfer facilities to
pipelines, or any other forms of transportation.
(F) Delivery vessel-A tank truck, trailer, or
railroad tank car.
(G)
Department-Missouri Department of Natural Resources.
(H) External floating roof-A storage vessel
cover in an open top tank consisting of a double deck or pontoon single deck
which rests upon and is supported by petroleum liquid being contained and is
equipped with a closure seal(s) to close the space between the roof edge and
tank wall.
(I) Gasoline-A petroleum
liquid having a Reid vapor pressure four pounds (4 lbs) per square inch or
greater.
(J) Gasoline dispensing
facility (GDF)-Any stationary facility which dispenses gasoline into the fuel
tank of a motor vehicle and is not-
1. A
gasoline distribution facility; or
2. A manufacturer of new motor vehicles
performing initial fueling operations dispensing gasoline into newly assembled
motor vehicles equipped with on board refueling vapor recovery (ORVR) at an
automobile assembly plant while the vehicle is still being assembled on the
assembly line.
(K)
Gasoline distribution facility-Any facility that receives gasoline by pipeline,
ship or barge, or cargo tank and subsequently loads the gasoline into gasoline
delivery vessels for transport to gasoline dispensing facilities.
(L) Lower explosive limit (LEL)-The lower
limit of flammability of a gas or vapor at ordinary ambient temperatures
expressed in percent of the gas or vapor in air by volume.
(M) Monthly throughput-The total volume of
gasoline that is loaded into all gasoline storage tanks during a month, as
calculated on a rolling thirty (30)-day average.
(N) Onboard refueling vapor recovery (ORVR)-A
system on motor vehicles designed to recover hydrocarbon vapors that escape
during refueling.
(O) Petroleum
liquid-Petroleum, condensate, and any finished or intermediate products
manufactured in a petroleum refinery with the exception of Numbers 2-6 fuel
oils meeting ASTM D396-17 requirements as specified in
10 CSR
10-6.040(12), gas turbine fuel oils
Number 2-GT-4-GT meeting ASTM D2880-15 requirements as specified in
10 CSR
10-6.040(20), and diesel fuel oils
Number 2-D and 4-D meeting ASTM D975-17 requirements as specified in
10 CSR
10-6.040(14).
(P) Staff director-Director of the Air
Pollution Control Program of the Department of Natural Resources, or a
designated representative.
(Q)
Stage I vapor recovery system-A system used to capture the gasoline vapors that
would otherwise be emitted when gasoline is transferred from a loading
installation to a delivery vessel or from a delivery vessel to a storage
tank.
(R) Submerged fill pipe-Any
fill pipe the discharge opening of which is entirely submerged when the liquid
level is six inches (6") above the bottom of the tank. When applied to a tank
that is loaded from the side, any fill pipe, the discharge opening of which is
entirely submerged when the liquid level is eighteen inches (18") or twice the
diameter of the fill pipe, whichever is greater, above the bottom of the
tank.
(S) True vapor pressure-The
equilibrium partial pressure exerted by a petroleum liquid as determined in
American Petroleum Institute, Manual of Petroleum Measurement Standards,
Chapter 19.2, Evaporative Loss From Floating-Roof Tanks, 2012, as published by
the American Petroleum Institute. Copies can be obtained from the API
Publishing Services, 1220 L Street, Washington, DC 20005. This rule does not
incorporate any subsequent amendments or additions.
(T) Ullage-Volume of a container not occupied
by liquid.
(U) Vapor recovery
system-A vapor gathering system capable of collecting the hydrocarbon vapors
and gases discharged and a vapor disposal system capable of processing the
hydrocarbon vapors and gases so as to limit their emission to the
atmosphere.
(V) Waxy, heavy pour
crude oil-A crude oil with a pour point of fifty degrees Fahrenheit (50 °F)
or higher compliant with ASTM D97-12 requirements as specified in
10 CSR
10-6.040(10).
(W) Definitions of certain terms specified in
this rule, other than those specified in this rule section, may be found in
10 CSR
10-6.020.
(3) General Provisions.
(A) Petroleum Storage Tanks.
1. No owner or operator of petroleum storage
tanks shall cause or permit the storage in any stationary storage tank of more
than forty thousand (40,000) gallons capacity of any petroleum liquid having a
true vapor pressure of one and one-half (1.5) pounds per square inch absolute
(psia) or greater at ninety degrees Fahrenheit (90 °F), unless the storage
tank is a pressure tank capable of maintaining working pressures sufficient at
all times to prevent volatile organic compound (VOC) vapor or gas loss to the
atmosphere or is equipped with one (1) of the following vapor loss control
devices:
A. A floating roof, consisting of a
pontoon type, double-deck type or internal floating cover, or external floating
cover, that rests on the surface of the liquid contents and is equipped with a
closure seal(s) to close the space between the roof edge and tank wall. Storage
tanks with external floating roofs shall meet the additional following
requirements:
(I) The storage tank shall be
fitted with either-
(a) A continuous
secondary seal extending from the floating roof to the tank wall (rim-mounted
secondary seal); or
(b) A closure
or other device approved by the staff director that controls VOC emissions with
an effectiveness equal to or greater than a seal required under subpart
(3)(A)1.A.(I)(a) of this rule;
(II) All seal closure devices shall meet the
following requirements:
(a) There are no
visible holes, tears, or other openings in the seal(s) or seal
fabric;
(b) 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
(c) For vapor-mounted primary seals, the
accumulated area of gaps exceeding 0.32 centimeters, one-eighth inch (1/8")
width, between the secondary seal and the tank wall shall not exceed 21.2
cm2 per meter of tank diameter (1.0
in2 per foot of tank diameter);
(III) All openings in the external floating
roof, except for automatic bleeder vents, rim space vents, and leg sleeves
shall be equipped with-
(a) Covers, seals or
lids in the closed position except when the openings are in actual use;
and
(b) Projections into the tank
which remain below the liquid surface at all times;
(IV) Automatic bleeder vents shall be closed
at all times except when the roof is floated off or landed on the roof leg
supports;
(V) Rim vents shall be
set to open when the roof is being floated off the leg supports or at the
manufacturer's recommended setting; and
(VI) Emergency roof drains shall have slotted
membrane fabric covers or equivalent covers which cover at least ninety percent
(90%) of the area of the opening;
B. A vapor recovery system with all storage
tank gauging and sampling devices gas-tight, except when gauging or sampling is
taking place. The vapor disposal portion of the vapor recovery system shall
consist of an adsorber system, condensation system, incinerator or equivalent
vapor disposal system that processes the vapor and gases from the equipment
being controlled; or
C. Other
equipment or means of equal efficiency for purposes of air pollution control as
approved by the staff director.
2. Control equipment described in
subparagraph (3)(A)1.A. of this rule shall not be allowed if the petroleum
liquid other than gasoline has a true vapor pressure of 11.1 psia or greater at
ninety degrees Fahrenheit (90 °F). All storage tank gauging and sampling
devices shall be gas-tight except when gauging or sampling is taking
place.
3. Owners and operators of
petroleum storage tanks subject to this subsection shall maintain written
records of maintenance (both routine and unscheduled) performed on the tanks,
all repairs made, the results of all tests performed, and the type and quantity
of petroleum liquid stored in them.
4. This subsection does not apply to
petroleum storage tanks which-
A. Are used to
store processed and/or treated petroleum or condensate when it is stored,
processed, and/or treated at a drilling and production installation prior to
custody transfer;
B. Contain a
petroleum liquid with a true vapor pressure less than 27.6 kilopascals (kPa)
(4.0 psia) at ninety degrees Fahrenheit (90 °F);
C. Are of welded construction, and equipped
with a metallic-type shoe primary seal and have a shoe-mounted secondary seal
or closure devices of demonstrated equivalence approved by the staff director;
or
D. Are used to store waxy, heavy
pour crude oil.
(B) Gasoline Loading.
1. No owner or operator of a gasoline
distribution facility or delivery vessel shall cause or permit the loading of
gasoline into any delivery vessel from a distribution facility unless the
distribution facility is equipped with a vapor recovery system or equivalent.
The delivery vessel must be in compliance with subsection (3)(D) of this
rule.
2. Loading shall be
accomplished in a manner that the displaced vapors and air will be vented only
to the vapor recovery system. Measures shall be taken to prevent liquid
drainage from the loading device when it is not in use or to accomplish
complete drainage before the loading device is disconnected. The vapor disposal
portion of the vapor recovery system shall consist of one (1) of the following:
A. An adsorber system, condensation system,
incinerator, or equivalent vapor disposal system that processes the vapors and
gases from the equipment being controlled and limits the discharge of VOC into
the atmosphere to ten (10) milligrams of VOC vapor per liter of gasoline
loaded;
B. A vapor handling system
that directs the vapor to a fuel gas system; or
C. Other equipment of an efficiency equal to
or greater than subparagraph (3)(B)2.A. or B. of this rule if approved by the
staff director.
3. Owners
and operators of distribution facilities subject to this subsection shall
maintain complete records documenting the number of delivery vessels loaded and
their owners.
4. This subsection
does not apply to distribution facilities whose average monthly throughput of
gasoline is less than or equal to one hundred twenty thousand (120,000) gallons
when averaged over the most recent calendar year, provided that the
installation loads gasoline by submerged loading.
A. Upon request of the director, these
installations shall submit to the staff director, a report stating gasoline
throughput for each month of the previous calendar year.
B. Delivery vessels purchased after April 30,
2004 shall be Stage I equipped.
C. Delivery vessels operated by an exempt installation
shall not deliver to Stage I controlled tanks unless the delivery vessel is
equipped with and employs Stage I controls.
(C) Gasoline Transfer at GDFs.
1. No owner or operator of a gasoline storage
tank or delivery vessel shall cause or permit the transfer of gasoline from a
delivery vessel into a gasoline storage tank with a capacity greater than five
hundred fifty (550) gallons unless-
A. The
storage tank is equipped with a submerged fill pipe extending unrestricted to
within six inches (6") of the bottom of the tank, and not touching the bottom
of the tank, or the storage tank is equipped with a system that allows a bottom
fill condition;
B. All storage tank
caps and fittings are vapor-tight when gasoline transfer is not taking place;
and
C. Each storage tank is vented
via a conduit that is-
(I) At least two inches
(2") inside diameter;
(II) At least
twelve feet (12') in height above grade; and
(III) Equipped with a pressure/vacuum valve
that is CARB certified or equivalent as approved by the staff director. The
pressure specifications for the pressure/vacuum valves shall be a positive
pressure setting of two and one-half to six inches (2.5-6") of water and a
negative pressure setting of six to ten inches (6.0-10.0") of water.
2. Stationary storage
tanks with a capacity greater than two thousand (2,000) gallons shall also be
equipped with a Stage I vapor recovery system in addition to the requirements
of paragraph (3)(C)1. of this rule and the delivery vessels to these tanks
shall be in compliance with subsection (3)(D) of this rule.
A. The vapor recovery system shall collect no
less than ninety percent (90%) by volume of the vapors displaced from the
stationary storage tank during gasoline transfer and shall return the vapors
via a vapor-tight return line to the delivery vessel. After the effective date
of this rule, all coaxial systems shall be equipped with poppeted
fittings.
B. At the time of
installation and every six (6) years thereafter, each Stage I vapor recovery
system shall be tested according to subsection (5)(E) of this rule. The
department must be notified at least seven (7) days prior to the test date to
allow an observer to be present. It is not required for the department to be
present to observe the test. The test results must be submitted to the staff
director within fourteen (14) days of test completion. Each system has to be
capable of meeting the static pressure performance requirement of the following
equation:
Pf = 2e
-760.490/v
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.
C. Pressure/vacuum valves shall be tested
according to sub-section (5)(D) of this rule at the time of installation and
every three (3) years thereafter. The department must be notified at least
seven (7) days prior to the test date to allow an observer the opportunity to
be present. It is not required for the department to be present to observe the
test. The test results must be submitted to the staff director within fourteen
(14) days of test completion. The pressure specifications for pressure vacuum
valves must be a positive pressure setting of two and one-half to six inches
(2.5-6") of water and a negative pressure setting of six to ten inches (6-10")
of water. The leak rate of each pressure/vacuum valve shall not exceed four
tenths (0.40) cubic foot per hour at a pressure of two inches (2.0") of water
and four tenths (0.40) cubic foot per hour at a vacuum of four inches (4.0") of
water.
D. A delivery vessel shall
be refilled only at installations complying with the provisions of subsection
(3)(B) of this rule.
E. This
subsection shall not be construed to prohibit safety valves or other devices
required by governmental regulations.
3. No owner or operator of a gasoline
delivery vessel shall cause or permit the transfer of gasoline from a delivery
vessel into a storage tank with a capacity greater than two thousand (2,000)
gallons unless-
A. The owner or operator
employs one (1) vapor line per product line during the transfer. The staff
director may approve other delivery systems upon submittal to the department of
test data demonstrating compliance with subparagraph (3)(C)2.A. of this
rule;
B. Each vapor hose is no less
than three inches (3") inside diameter;
C. Each product hose is less than or equal to
four inches (4") inside diameter; and
D. Any component of the vapor recovery system
that is not preventing vapor emissions as designed is repaired.
4. The owner or operator of a
vapor recovery system subject to subsection (3)(C) of this rule shall maintain
records of inspection reports, enforcement documents, gasoline deliveries,
routine and unscheduled maintenance, repairs, and all results of tests
conducted. Unless otherwise specified in this rule, records have to be kept for
two (2) years and made available to the staff director within five (5) business
days of a request.
5. The
provisions of paragraph (3)(C)2. of this rule do not apply to transfers made to
storage tanks equipped with floating roofs or their equivalent.
6. The provisions of paragraphs (3)(C) 1.-4.
of this rule do not apply to stationary storage tanks having a capacity less
than or equal to two thousand (2,000) gallons used exclusively for the fueling
of implements of agriculture or were installed prior to June 12,
1986.
(D) Gasoline
Delivery Vessels.
1. No owner or operator of
a gasoline delivery vessel shall operate or use a gasoline delivery vessel
which is loaded or unloaded at an installation subject to subsections (3)(B) or
(C) of this rule unless-
A. Cargo tank
tightness test is conducted annually;
B. The owner or operator obtains the
completed test results signed by a representative of the testing facility upon
successful completion of the leak test
C. The delivery vessel is repaired by the owner or
operator and retested within fifteen (15) days of testing if it does not pass
the cargo tank tightness test; and
D. A copy of the vessel's current cargo tank tightness
test results are kept with the delivery vessel at all times and made
immediately available to the staff director upon request.
2. This subsection shall not be construed to
prohibit safety valves or other devices required by governmental
regulations.
(E)
Owner/Operator Compliance. The owner or operator of a vapor recovery system
subject to this rule shall-
1. Operate the
vapor recovery system and the gasoline loading equipment in a manner that
prevents-
A. Gauge pressure from exceeding
four thousand five hundred (4,500) pascals (eighteen inches (18") of
[H2O] water) in the delivery vessel;
B. A reading equal to or greater than one
hundred percent (100%) of the lower explosive limit (LEL, measured as propane)
at two and one-half (2.5) centimeters from all points on the perimeter of a
potential leak source when measured by Method 21-Determination of Volatile
Organic Compound Leaks as specified in
10 CSR
10-6.030(22) during loading or
transfer operations; and
C. Visible
liquid leaks during loading or transfer operation;
2. Repair and retest within fifteen (15)
days, a vapor recovery system that exceeds the limits in subsection (3)(E) of
this rule; and
3. The owner or
operator of a vapor recovery system subject to subsection (3)(E) of this rule
shall maintain records of inspection reports, enforcement documents, gasoline
deliveries, routine and unscheduled maintenance, repairs, and all results of
tests conducted. Unless otherwise specified in this rule, records shall be kept
for two (2) years and made available to the staff director within five (5)
business days of a request.
(4) Reporting and Record Keeping. The
reporting and record keeping requirements are located in paragraphs (3)(A)3.,
(3)(B)3., (3)(C)4., and (3)(E)3. of this rule. In addition, all records shall
be maintained for a minimum of two (2) years, and shall be made immediately
available to inspectors upon request.
(5) Test Methods.
(A) Testing procedures to determine
compliance with subparagraph (3)(D)1.A. shall be performed according to
40 CFR
63.425(e), Subpart R.
40 CFR
63.425(e), Subpart R,
promulgated as of June 30, 2018 is hereby incorporated by reference in this
rule, as published by the Office of the Federal Register. Copies can be
obtained from the U.S. Publishing Office Bookstore, 710 N. Capitol Street NW,
Washington, DC 20401. This rule does not incorporate any subsequent amendments
or additions.
(B) Testing
procedures to determine compliance with subparagraph (3)(B)2.A. of this rule
shall be conducted using Method 25-Determination of Total Gaseous Nonmethane
Organic Emissions as Carbon as specified in
10 CSR
10-6.030(22) or by any method
determined by the staff director.
(C) The staff director, at any time, may
monitor a delivery vessel, vapor recovery system or gasoline loading equipment
by a method determined by the staff director to confirm continuing compliance
with this rule.
(D) Testing
procedures to determine compliance with subparagraph (3)(C)2.C. of this rule
shall be conducted using California Air Resources Board Vapor Recovery Test
Procedure TP-201.1E-Leak Rate and Cracking Pressure of Pressure/Vacuum Vent
Valves, adopted October 8, 2003, or by any method determined by the staff
director. Test Procedure TP-201.1E is hereby incorporated by reference in this
rule, as published by the California Air Resources Board. Copies can be
obtained from the California Air Resources Board, PO Box 2815, Sacramento, CA
95812. This rule does not incorporate any subsequent amendments or
additions.
(E) Testing procedures
to determine compliance with subparagraph (3)(C)2.B. of this rule shall be
conducted using California Air Resources Board Vapor Recovery Test Procedure
TP-201.3- Determination of 2-Inch WC Static Pressure Performance of Vapor
Recovery Systems of Dispensing Facilities, adopted April 12, 1996, and amended
March 17, 1999, or by any method determined by the staff director. Test
Procedure TP-201.3 is hereby incorporated by reference in this rule, as
published by the California Air Resources Board. Copies can be obtained from
the California Air Resources Board, PO Box 2815, Sacramento, CA 95812. This
rule does not incorporate any subsequent amendments or
additions.
*Original authority: 643.050, RSMo 1965, amended 1972,
1992, 1993, 1995.