Current through Register Vol. 39, No. 6, September 16, 2024
(a) Definitions.
For the purpose of this Rule, the following definitions apply:
(1) "Coaxial vapor recovery system" means the
delivery of the gasoline and recovery of vapors occurring through a single
coaxial fill tube, which is a tube within a tube. Gasoline is delivered through
the inner tube, and vapor is recovered through the annular space between the
walls of the inner tube and outer tube.
(2) "Delivery vessel" means cargo tanks used
for the transport of gasoline from sources of supply to stationary storage
tanks of gasoline dispensing facilities.
(3) "Dual point vapor recovery system" means
the delivery of the product to the stationary storage tank and the recovery of
vapors from the stationary storage tank occurring through two separate openings
in the storage tank and two separate hoses between the cargo tank and the
stationary storage tank.
(4)
"Gasoline" means a petroleum distillate having a Reid vapor pressure of four
psi or greater.
(5) "Gasoline
dispensing facility" means any site where gasoline is dispensed to motor
vehicle gasoline tanks from stationary storage tanks.
(6) "Gasoline service station" means any
gasoline dispensing facility where gasoline is sold to the motoring public from
stationary storage tanks.
(7)
"Line" means any pipe suitable for transferring gasoline.
(8) "Motor Vehicle" means every vehicle which
is self-propelled and every vehicle designed to run upon the highways which is
pulled by a self-propelled vehicle. This term shall not include mopeds or
electric assisted bicycles in accordance with
G.S.
20-4.01.
(9) "Operator" means any person who leases,
operates, controls, or supervises a facility at which gasoline is
dispensed.
(10) "Owner" means any
person who has legal or equitable title to the gasoline storage tank at a
facility.
(11) "Poppeted vapor
recovery adaptor" means a vapor recovery adaptor that automatically and
immediately closes itself when the vapor return line is disconnected and
maintains a tight seal when the vapor return line is not connected.
(12) "Stationary storage tank" means a
gasoline storage container that is a permanent fixture.
(13) "Submerged fill pipe" means any fill
pipe with a discharge opening that is entirely submerged when the pipe normally
used to withdraw liquid from the tank can no longer withdraw any liquid, or
that is entirely submerged when the level of the liquid is:
(A) six inches above the bottom of the tank
if the tank does not have a vapor recovery adaptor; or
(B) 12 inches above the bottom of the tank if
the tank has a vapor recovery adaptor. If the opening of the submerged fill
pipe is cut at a slant, the distance is measured from the top of the slanted
cut to the bottom of the tank.
(14) "Throughput" means the amount of
gasoline dispensed at a facility during a calendar month after November 15,
1990.
(b) Applicability.
This Rule applies to all gasoline dispensing facilities and gasoline service
stations, and to delivery vessels delivering gasoline to a gasoline dispensing
facility or gasoline service station.
(c) Exemptions. This Rule does not apply to:
(1) transfers made to storage tanks at
gasoline dispensing facilities or gasoline service stations equipped with
floating roofs or technology that achieves equivalent or greater emission
reductions as a floating roof;
(2)
stationary tanks with a capacity of not more than 2,000 gallons that are in
place before July 1, 1979, if the tanks are equipped with a permanent or
portable submerged fill pipe;
(3)
stationary storage tanks with a capacity of not more than 550 gallons that are
installed after June 30, 1979, if tanks are equipped with a permanent or
portable submerged fill pipe;
(4)
stationary storage tanks with a capacity of not more than 2,000 gallons located
on a farm or a residence and used to store gasoline for farm equipment or
residential use if gasoline is delivered to the tank through a permanent or
portable submerged fill pipe. This exemption does not apply in ozone
non-attainment areas;
(5)
stationary storage tanks at a gasoline dispensing facility or gasoline service
station where the combined annual throughput of gasoline at the facility or
station does not exceed 50,000 gallons, if the tanks are permanently equipped
with submerged fill pipes; or
(6)
any tanks used exclusively to test the fuel dispensing meters.
(d) With exceptions stated in
Paragraph (c) of this Rule, gasoline shall not be transferred from any delivery
vessel into any stationary storage tank unless:
(1) the tank is equipped with a submerged
fill pipe, and the vapors displaced from the storage tank during filling are
controlled by a vapor control system as described in Paragraph (e) of this
Rule;
(2) the vapor control system
is connected and operating with a vapor tight connection, and working as
designed in accordance with the manufacturer's specifications;
(3) the vapor control system is maintained in
accordance with the manufacturer's specifications and the definition of "good
operation and maintenance" in
15A NCAC
02D .0602, and all damaged or malfunctioning
components or elements of design are repaired, replaced, or modified;
(4) the gauges, meters, or other specified
testing devices are maintained in accordance with the manufacturer's
specifications and the definition of "good operation and maintenance" in
15A NCAC
02D .0602;
(5) the delivery vessel and vapor collection
system comply with
15A NCAC
02D .0932; and
(6) the following records are kept in
accordance with
15A NCAC
02D .0903:
(A) the scheduled date for maintenance or the
date that a malfunction was detected;
(B) the date the maintenance was performed or
the malfunction corrected; and
(C)
the component or element of design of the control system repaired, replaced, or
modified.
(e)
The vapor control system required by Paragraph (d) of this Rule shall include
one or more of the following:
(1) a
vapor-tight line from the storage tank to the delivery vessel, and:
(A) for a coaxial vapor recovery system,
either a poppeted or unpoppeted vapor recovery adaptor;
(B) for a dual point vapor recovery system, a
poppeted vapor recovery adaptor; or
(2) a refrigeration-condensation system or
equivalent system designed to recover at least 90 percent by weight of the
volatile organic compounds in the displaced vapor.
(f) If an unpoppeted vapor recovery adaptor
is used pursuant to Part (e)(1)(A) of this Rule, the tank liquid fill
connection shall remain covered either with a vapor-tight cap or a vapor return
line, except when the vapor return line is being connected or
disconnected.
(g) If an unpoppeted
vapor recovery adaptor is used pursuant to Part (e)(1)(A) of this Rule, the
unpoppeted vapor recovery adaptor shall be replaced with a poppeted vapor
recovery adaptor when the tank is replaced or is removed and
upgraded.
(h) Where vapor lines
from the storage tanks are manifolded, poppeted vapor recovery adapters shall
be used. No more than one tank is to be loaded at a time if the manifold vapor
lines are size 2.5 inches and smaller. If the manifold vapor lines are 3.0
inches and larger, then two tanks at a time may be loaded.
(i) Vent lines on tanks with Stage I controls
shall have pressure release valves or restrictors.
(j) The vapor-laden delivery vessel:
(1) shall be designed and maintained to be
vapor-tight during loading and unloading operations and during transport with
the exception of normal pressure/vacuum venting as required by the Department
of Transportation; and
(2) if it is
refilled in North Carolina, shall be refilled only at:
(A) bulk gasoline plants complying with
15A NCAC
02D .0926; or
(B) bulk gasoline terminals complying with
15A NCAC
02D .0927 or
02D .0524.
Authority
G.S.
143-215.3(a)(1);
143-215.107(a)(5);
Eff. July 1, 1979;
Amended Eff. July 1, 1996; July 1, 1994; March
1, 1991; December 1, 1989; January 1, 1985;
Readopted Eff. November
1, 2020.
