Current through Register Vol. 39, No. 6, September 16, 2024
(a) For the purposes of this Rule, the
following definitions apply:
(1) "Bottom
filling" means the filling of a cargo tank or stationary storage tank through
an opening flush with the tank bottom.
(2) "Bulk gasoline plant" means a gasoline
storage and distribution facility with an average daily throughput of less than
20,000 gallons of gasoline and that typically receives gasoline from bulk
terminals by cargo tank transport, stores it in tanks, and subsequently
dispenses it via account cargo tanks to local farms, businesses, and service
stations.
(3) "Bulk gasoline
terminal" means:
(A) a pipeline breakout
station of an interstate oil pipeline facility; or
(B) a gasoline storage facility that
typically receives gasoline from refineries primarily by pipeline, ship, or
barge; delivers gasoline to bulk gasoline plants or to commercial or retail
accounts primarily by cargo tank; and has an average daily throughput of more
than 20,000 gallons of gasoline.
(4) "Cargo tank" means the storage vessels of
freight trucks or trailers used to transport gasoline from sources of supply to
stationary storage tanks of bulk gasoline terminals, bulk gasoline plants,
gasoline dispensing facilities, and gasoline service stations.
(5) "Cargo tank testing facility" means any
facility complying with registration in 49 CFR Part 107 , Subpart F.
(6) "Cargo tank vapor collection equipment"
means any piping, hoses, and devices on the cargo tank used to collect and
route gasoline vapors in the tank to or from the bulk gasoline terminal, bulk
gasoline plant, gasoline dispensing facility, or gasoline service station vapor
control system or vapor balance system.
(7) "Gasoline" means any petroleum distillate
having a Reid Vapor Pressure (RVP) of 4.0 psi or greater.
(8) "Gasoline dispensing facility" means any
site where gasoline is dispensed to motor vehicle gasoline tanks from
stationary storage tanks. For the purposes of this definition, "motor vehicle"
has the meaning defined in
15A NCAC
02D .0928,
(9) "Gasoline service station" means any
gasoline dispensing facility where gasoline is sold to the motoring public from
stationary storage tanks.
(10)
"Vapor balance system" means a combination of pipes or hoses that create a
closed system between the vapor spaces of an unloading tank and a receiving
tank such that vapors displaced from the receiving tank are transferred to the
tank being unloaded.
(11) "Vapor
collection system" means a vapor balance system or any other system used to
collect and control emissions of volatile organic compounds.
(b) This Rule applies to gasoline
cargo tanks that are equipped for vapor collection and to vapor control systems
at bulk gasoline terminals, bulk gasoline plants, gasoline dispensing
facilities, and gasoline service stations equipped with vapor balance or vapor
control systems.
(c) For cargo
tanks, the following requirements shall apply:
(1) Gasoline cargo tanks and their vapor
collection systems shall be tested annually by a cargo tank testing facility.
The facility shall follow the test procedure as defined by
15A NCAC
02D .2615 to certify the gasoline cargo tank
leak tight. The gasoline cargo tank shall not be used unless it is certified
leak tight.
(2) Each gasoline cargo
tank that has been certified leak tight according to Subparagraph (c)(1) of
this Rule shall display a sticker near the Department of Transportation
certification plate required by
49 CFR
180.415.
(3) There shall be no liquid leaks from any
gasoline cargo tank.
(4) Any cargo
tank with a leak equal to or greater than 100 percent of the lower explosive
limit, as detected by a combustible gas detector using the test procedure
described in
15A NCAC
02D .2615 shall not be used beyond 15 days
after the leak has been discovered, unless the leak has been repaired and the
cargo tank has been certified to be leak tight according to Subparagraph (c)(1)
of this Rule.
(5) The owner or
operator of a gasoline cargo tank with a vapor collection system shall maintain
records of all leak testing and repairs. The records shall identify the
gasoline cargo tank, the date of the test or repair, and, if applicable, the
type of repair and the date of retest. The records of leak tests shall include:
(A) the name, address, and telephone number
of cargo tank testing facility performing the leak test;
(B) the name and signature of the individual
performing the leak test;
(C) the
name and address of the owner of the tank;
(D) the identification number of the
tank;
(E) the documentation of
tests performed including the date and summary of results;
(F) the continued qualification statement and
returned to service status; and
(G)
a list or description of identified corrective repairs to the tank. If none are
performed then the report shall state "no corrective repairs
performed."
(6) A copy of
the most recent leak testing report shall be kept with the cargo tank. The
owner or operator of the cargo tank shall also file a copy of the most recent
leak testing report with each bulk gasoline terminal that loads the cargo tank.
The owner or operator shall maintain records for at least two years after the
date of the testing or repair and make copies of such records available to the
Director upon written request.
(d) For bulk gasoline terminals and bulk
gasoline plants equipped with vapor balance or vapor control systems, the
following requirements shall apply:
(1) The
vapor collection system and vapor control system shall be designed and operated
to prevent gauge pressure in the cargo tank from exceeding 18 inches of water
and to prevent a vacuum of greater than six inches of water.
(2) During loading and unloading operations
there shall be:
(A) no vapor leakage from the
vapor collection system such that a reading equal to or greater than 100
percent of the lower explosive limit at one inch around the perimeter of each
potential leak source as detected by a combustible gas detector using the test
procedure described in
15A NCAC
02D .2615; and
(B) no liquid leaks.
(3) If a leak is discovered that exceeds the
limit in Subparagraph (d)(2) of this Rule:
(A)
For bulk gasoline plants, the vapor collection system or vapor control system
shall not be used beyond 15 days after the leak has been discovered, unless the
leak has been repaired and the system has been retested and found to comply
with Subparagraph (d)(2) of this Rule;
(B) For bulk gasoline terminals, the vapor
collection system or vapor control system shall be repaired following the
procedures in
15A NCAC
02D .0927.
(4) The owner or operator of a vapor
collection system at a bulk gasoline plant or a bulk gasoline terminal shall
test, according to Rule
15A NCAC
02D .0912, the vapor collection system at
least once per year. If after two complete annual checks no more than 10 leaks
are found, the Director shall allow less frequent monitoring. If more than 20
leaks are found, the Director shall require the frequency of monitoring be
increased.
(5) The owner or
operator of vapor control systems at bulk gasoline terminals, bulk gasoline
plants, gasoline dispensing facilities, and gasoline service stations equipped
with vapor balance or vapor control systems shall maintain records of all
certification testing and repairs. The records shall identify each vapor
collection system, or vapor control system; the date of the test or repair;
and, if applicable, the type of repair and the date of retest.
Authority
G.S.
143-215.3(a)(1);
143-215.107(a)(5);
Eff. July 1, 1980;
Amended Eff. August 1, 2008; June 1, 2008;
January 1, 2007; April 1, 2003; August 1, 2002; July 1, 1994; December 1, 1989;
January 1, 1985;
Readopted Eff. October 1,
2020.