Virginia Administrative Code
Title 9 - ENVIRONMENT
Agency 5 - STATE AIR POLLUTION CONTROL BOARD
Chapter 40 - EXISTING STATIONARY SOURCES
Part II - Emission Standards
Article 37 - Emission Standards for Petroleum Liquid Storage and Transfer Operations
Section 9VAC5-40-5220 - Standard for volatile organic compounds
Universal Citation: 9 VA Admin Code 9VAC5-40-5220
Current through Register Vol. 41, No. 3, September 23, 2024
A. Petroleum liquid storage-fixed roof tanks.
1. No owner or other person shall use or
permit the use of any fixed roof tank of more than 40,000 gallons capacity for
storage of petroleum liquids, unless such tank is equipped with a control
method that will remove, destroy, or prevent the discharge into the atmosphere
of at least 90% by weight of volatile organic compound emissions.
2. Achievement of the emission standard in
subdivision 1 of this subsection by use of methods in
9VAC5-40-5230 A will be acceptable
to the board.
3. The provisions of
this subsection shall not be applicable to fixed roof tanks having capacities
less than 400,000 gallons for crude oil or condensate stored, processed, or
treated at a drilling and production facility prior to custody
transfer.
4. The owner of a fixed
roof tank subject to the provisions of subdivision 1 of this subsection shall:
a. When the fixed roof tank is equipped with
an internal floating roof, perform a visual inspection annually of the floating
cover through roof hatches to ascertain compliance with the specifications in
subdivisions (1) and (2) of this subdivision A 4 a.
(1) The cover should be uniformly floating on
or above the liquid and there should be no visible defects in the surface of
the cover or liquid accumulated on the cover.
(2) The seal must be intact and uniformly in
place around the circumference of the cover between the cover and tank
wall.
b. Perform a
complete inspection of the cover and seal and record the condition of the cover
and seal when the tank is emptied for nonoperational reasons such as
maintenance, an emergency, or other similar purposes.
c. Maintain records of the throughput
quantities and types of petroleum liquids stored, the average monthly storage
temperature and true vapor pressure of the liquid as stored, and the results of
the inspections performed under the provisions of subdivisions 4 a and 4 b of
this subsection.
B. Petroleum liquid storage--floating roof tanks.
1. No owner or other person shall use
or permit the use of any floating roof tank of more than 40,000 gallons
capacity for storage of petroleum liquids, unless such tank is equipped with a
control method that will remove, destroy, or prevent the discharge into the
atmosphere of at least 90% by weight of volatile organic compound
emissions.
2. Achievement of the
emission standard in subdivision 1 of this subsection by use of methods in
9VAC5-40-5230 B will be acceptable
to the board.
3. The provisions of
this subsection shall not be applicable to the following:
a. Floating roof tanks having capacities less
than 400,000 gallons for crude oil or condensate stored, processed, or treated
at a drilling and production facility prior to custody transfer.
b. Floating roof tanks storing waxy, heavy
pour crude oil.
4. The
owner of a floating roof tank subject to the provisions of subdivision 1 of
this subsection shall:
a. Perform routine
inspections annually which shall include a visual inspection of the secondary
seal gap.
b. When the floating roof
is equipped with a vapor-mounted primary seal, measure the secondary seal gap
annually in accordance with subdivisions (1) and (2) of this subdivision B 4 b.
(1) Physically measure the length and width
of all gaps around the entire circumference of the secondary seal in each place
where a 1/8-inch uniform diameter probe passes freely (without forcing or
binding against the seal) between the seal and tank wall; and
(2) Sum the area of the individual
gaps.
c. Maintain
records of the types of petroleum liquids stored, the maximum true vapor
pressure of the liquid as stored, and the results of the inspections performed
under the provisions of subdivisions a and b of this subdivision B 4.
C. Gasoline bulk loading--bulk terminals.
1. No owner or other
person shall cause or permit the discharge into the atmosphere from a bulk
gasoline terminal (including any appurtenant equipment necessary to load the
tank truck compartments) any volatile organic compound in excess of .67 pounds
per 1,000 gallons of gasoline loaded.
2. Achievement of the emission standard in
subdivision 1 of this subsection by use of methods in
9VAC5-40-5230 C will be acceptable
to the board.
D. Gasoline bulk loading--bulk plants.
1. No
owner or other person shall use or permit the use of any bulk gasoline plant
(including any appurtenant equipment necessary to load or unload tank trucks
and account trucks) unless such plant is equipped with a vapor control system
that will remove, destroy, or prevent the discharge into the atmosphere of at
least 77% by weight of volatile organic compound emissions.
2. Achievement of the emission standard in
subdivision 1 of this subsection by use of methods in
9VAC5-40-5230 D will be acceptable
to the board.
3. The provisions of
this subsection shall not be applicable to facilities whose average daily
throughput of gasoline is less than 4,000 gallons per working day when based on
a 30-day rolling average. Average daily throughput means the average daily
amount of gasoline pumped at a gasoline dispensing facility during the most
recent 30-day period. Average daily throughput shall be calculated for the two
most recent consecutive calendar years. If during this two-year period or any
period thereafter, the average daily throughput exceeds 4,000 gallons per
working day, the facility is no longer exempt from the provisions of
subdivision 1 of this subsection.
E. Transfer of gasoline--gasoline dispensing facilities--Stage I vapor control systems.
1.
No owner or other person shall transfer or permit the transfer of gasoline from
any tank truck into any stationary storage tank unless such tank is equipped
with a vapor control system that will remove, destroy, or prevent the discharge
into the atmosphere of at least 90% by weight of volatile organic compound
emissions.
2. Achievement of the
emission standard in subdivision 1 of this subsection by use of methods in
9VAC5-40-5230 E will be acceptable
to the board.
3. The provisions of
this subsection shall not apply to the following:
a. Transfers made to storage tanks that are
either less than 250 gallons in capacity or located at facilities whose average
monthly throughput of gasoline is less than 10,000 gallons.
b. Transfers made to storage tanks equipped
with floating roofs or their equivalent.
F. Transfer of gasoline--gasoline dispensing facilities--Stage II vapor recovery systems.
1. No owner or other person shall transfer or
permit the transfer of gasoline into the fuel tank of any motor vehicle at any
affected gasoline dispensing facility unless the transfer is made using a
certified Stage II vapor recovery system that is designed, operated, and
maintained such that the vapor recovery system removes, destroys, or prevents
the discharge into the atmosphere of at least 95% by weight of volatile organic
compound emissions.
2. Achievement
of the emission standard in subdivision 1 of this subsection by use of methods
in 9VAC5-40-5230 F will be acceptable
to the board.
3. The affected
gasoline facilities shall be in compliance with the emissions standard in
subdivision 1 of this subsection according to the following schedule:
a. Facilities which begin actual construction
on or after January 1, 1993, must comply upon startup unless the facility can
prove it is exempt under the provisions of subdivision 4 of this
subsection.
b. Facilities which
begin actual construction after November 15, 1990, and before January 1, 1993,
must comply by May 15, 1993.
c.
Facilities which begin actual construction on or before November 15, 1990, and
dispense an average monthly throughput of 100,000 gallons or more of gasoline
must comply by November 15, 1993.
d. All other affected facilities which begin
actual construction on or before November 15, 1990, must comply by November 15,
1994.
4. The provisions
of this subsection shall not apply to the following facilities:
a. Gasoline dispensing facilities with an
average monthly throughput of 10,000 gallons or less.
b. Gasoline dispensing facilities owned by
independent small business gasoline marketers with an average monthly
throughput of 50,000 gallons or less.
c. Gasoline dispensing devices that are used
exclusively for refueling marine vehicles, aircraft, farm equipment, and
emergency vehicles.
5.
Any gasoline dispensing facility subject to the provisions of this subsection
shall also comply with the provisions of subsection E of this section (Stage I
vapor controls).
6. In accordance
with the provisions of AQP-9, Procedures for Implementation of Regulations
Covering Stage II Vapor Recovery Systems for Gasoline Dispensing Facilities
(see 9VAC5-20-121) , owners of affected
gasoline dispensing facilities shall:
a.
Register the Stage II system with the board and submit Stage II vapor recovery
equipment specifications at least 90 days prior to installation of the Stage II
vapor recovery system. Owners of gasoline dispensing facilities in existence as
of January 1, 1993, shall contact the board by February 1, 1993, and register
the Stage II vapor recovery system according to the schedule outlined in AQP-9.
Any repair or modification to an existing Stage II vapor recovery system that
changes the approved configuration shall be reported to the board no later than
30 days after completion of such repair or modification.
b. Perform tests, before the equipment is
made available for use by the public, on the entire Stage II vapor recovery
system to ensure the proper functioning of nozzle automatic shut-off mechanisms
and flow prohibiting mechanisms where applicable, and perform a pressure
decay/leak test, a vapor space tie test, and a liquid blockage test. In cases
where use of one of the test methods in AQP-9 is not feasible for a particular
Stage II vapor recovery system, the owner may, upon approval of the board, use
an alternative test method.
c. No
later than 15 days after system testing is completed, submit to the board
documentation showing the results of the tests outlined in subdivision 6 b of
this subsection.
d. Ensure that the
Stage II vapor recovery system is vapor tight by performing a pressure
decay/leak test and a liquid blockage test at least every five years, upon
major system replacement or modification, or if requested by the board after
evidence of a system malfunction which compromises the efficiency of the
system.
e. Notify the board at
least two days prior to Stage II vapor recovery system testing as required by
subdivisions 6 b and 6 d of this subsection.
f. Conspicuously post operating instructions
for the vapor recovery system on each gasoline dispensing pump which includes
the following information:
(1) A statement, as
described in Part III F 1 of AQP-9 (see
9VAC5-20-121) , describing the
benefits of the Stage II vapor recovery system.
(2) A clear description of how to correctly
dispense gasoline with the vapor recovery nozzles.
(3) A warning that repeated attempts to
continue dispensing gasoline after the system has indicated that the vehicle
fuel tank is full (by automatically shutting off) may result in spillage or
recirculation of gasoline.
(4) A
telephone number to report problems experienced with the vapor recovery system
to the board.
g.
Promptly and conspicuously post "Out Of Order" signs on any nozzle associated
with any part of the vapor recovery system that is defective if use of that
nozzle would allow escape of gasoline vapors to the atmosphere. "Out of order"
signs shall not be removed from affected nozzles until said system has been
repaired.
h. Provide adequate
training and written instructions for facility personnel to assure proper
operation of the vapor recovery system.
i. Perform routine maintenance inspections of
the Stage II vapor recovery system on a daily and monthly basis and record the
monthly inspection results as specified in Part III E of AQP-9 (see
9VAC5-20-121) .
j. Maintain records on site, in a form and
manner acceptable to the board, of operator training, system registration and
equipment approval, and maintenance, repair and testing of the system. Original
documents may be maintained at a centralized location only if copies of these
documents are maintained onsite according to the requirements set forth in
AQP-9. Records shall be retained for a period of at least two years, unless
specified otherwise, and shall be made immediately available for inspection by
the board upon request.
7. The requirements of this subsection shall
apply to the localities specified in
9VAC5-40-5200 B 2 until the
following dates, after which the decommissioning or maintenance requirements of
subdivision 8 or 9 of this subsection shall be followed.
a. For the Northern Virginia Volatile Organic
Compound Control Area: January 1, 2014.
b. For the Richmond Volatile Organic Compound
Control Area (which shall not include Prince George County and Petersburg
City): January 1, 2017.
8. No owner or other person decommissioning
any Stage II equipment shall be relieved from the continuing proper operation
and maintenance of Stage I vapor control systems. In order to assure the proper
operation and maintenance of Stage I equipment, all of the Stage II
decommissioning procedures in this subdivision F 8 shall be completed:
a. Notify the board in writing prior to
removing or discontinuing all or part of an existing Stage II system. All
notifications shall include:
(1) Name,
address, contact name, telephone number, and registration number;
(2) Details and cost of project, and the name
of the service provider for the project; and
(3) Start date and projected completion date.
A copy of this notification shall be maintained with on-site records.
b. Decommission the discontinued Stage II
system or, in the case of removal and replacement of an existing dispenser
system, decommission each dispenser system piping in accordance with all
applicable steps provided in the Recommended Practices for Installation and
Testing of Vapor-Recovery Systems at Vehicle-Fueling Sites, PEI/RP300-09,
Petroleum Equipment Institute (PEI) (see
9VAC5-20-21) , or an alternative
procedure as approved by the board.
c. Notify the board in writing no more than
30 days after decommissioning all or part of a Stage II system. All
notifications shall include:
(1) Name,
address, contact name, telephone number, and registration number;
(2) Name and telephone number of the
qualified technician or qualified service provider or both who decommissioned
the Stage II equipment;
(3) Date
decommissioning was complete and type of Stage II system;
(4) Steps used in decommissioning or a
completed PEI checklist form (Appendix C of PEI/RP300-09);
(5) Copy of pressure decay test conducted
after decommissioning was complete; and
(6) Statement from the service provider
verifying the storage system has been left in a condition that will reliably
prevent the release of any vapors or liquids from any component of the storage
system associated with the Stage II system.
A copy of this notification shall be maintained with on-site records.
9. No owner or other person that continues to
operate Stage II equipment in lieu of following the decommissioning procedures
in subdivision 8 of this subsection shall be relieved from the continuing
proper operation and maintenance of the Stage II equipment in compliance with
this article.
G. Tank trucks/account trucks and vapor collection systems.
1. No owner or other person shall use or
permit the use of any tank truck or account truck that is loaded or unloaded at
facilities subject to the provisions of subsection C, D, or E of this section
unless such truck is designed, maintained, and certified to be vapor tight. In
addition, there shall be no avoidable visible liquid leaks. Invariably there
will be a few drops of liquid from disconnection of dry breaks in liquid lines
even when well maintained; these drops are allowed.
2. Vapor-laden tank trucks or account trucks
exclusively serving facilities subject to subsection D or E of this section may
be refilled only at facilities in compliance with subsection C of this
section.
3. Tank truck and account
truck hatches shall be closed at all times during loading and unloading
operations (periods during which there is liquid flow into or out of the truck)
at facilities subject to the provisions of subsection C, D, or E of this
section.
4. During loading or
unloading operations at facilities subject to the provisions of subsection C,
D, or E of this section, there shall be no volatile organic compound
concentrations greater than or equal to 100% of the lower explosive limit (LEL,
measured as propane) at 2.5 centimeters around the perimeter of a potential
leak source as detected by a combustible gas detector. In addition, there shall
be no avoidable visible liquid leaks. Invariably there will be a few liquid
drops from the disconnection of well-maintained bottom loading dry breaks and
the raising of well-maintained top loading vapor heads; these few drops are
allowed. The vapor collection system includes all piping, seals, hoses,
connection, pressure-vacuum vents, and other possible leak sources between the
truck and the vapor disposal unit and between the storage tanks and vapor
recovery unit.
5. The vapor
collection and vapor disposal equipment must be designed and operated to
prevent gauge pressure in the tank truck from exceeding 18 in
H20 and prevent vacuum from exceeding 6 in
H20.
6.
Testing to determine compliance with subdivision 1 of this subsection shall be
conducted and reported and data shall be reduced as set forth in procedures
approved by the board using test methods specified there. All tests shall be
conducted by, or under the direction of, a person qualified by training or
experience in the field of air pollution testing, or tank truck maintenance and
testing and approved by the board.
7. Monitoring to confirm the continuing
existence of leak tight conditions specified in subdivision 4 of this
subsection shall be conducted as set forth in procedures approved by the board
using test methods specified there.
8. Owners of tank trucks and account trucks
subject to the provisions of subdivision 1 of this subsection shall certify
each year that the trucks are vapor tight in accordance with test procedures
specified in subdivision 6 of this subsection. Trucks that are not vapor tight
must be repaired within 15 days of the test and be tested and certified as
vapor tight.
9. Each truck subject
to the provisions of subdivision 1 of this subsection shall have information
displayed on the tank indicating the expiration date of the certification and
such other information as may be needed by the board to determine the validity
of the certification. The means of display and location of this information
shall be in a manner acceptable to the board.
10. An owner of a vapor collection/control
system shall repair and retest the system within 15 days of the testing, if it
exceeds the limit specified in subdivision 4 of this subsection.
11. The owner of a tank/account truck or
vapor collection/control system or both subject to the provisions of this
section shall maintain records of all certification testing and repairs. The
records must identify the tank/account truck, 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. The records must be maintained in a legible,
readily available condition for at least two years after the date testing or
repair was completed.
12. The
records of certification tests required by subdivision 11 of this subsection
shall, as a minimum, contain the following:
a. The tank/account truck tank identification
number;
b. The initial test
pressure and the time of the reading;
c. The final test pressure and the time of
the reading;
d. The initial test
vacuum and the time of the reading;
e. The final test vacuum and the time of the
reading; and
f. Name and the title
of the person conducting the test.
13. Copies of all records and reports
required by this section shall immediately be made available to the board, upon
verbal or written request, at any reasonable time.
14. The board may, at any time, monitor a
tank/account truck, vapor collection system, or vapor control system by the
method referenced in subdivision 6 or 7 of this subsection to confirm
continuing compliance with subdivision 1 or 4 of this subsection.
15. If, after over one year of monitoring
(i.e., at least two complete annual checks), the owner of a truck subject to
the provisions of subdivision 6 of this subsection feels that modification of
the requirements are in order, the owner may request in writing to the board
that a revision be made. The request should include data that have been
developed to justify any modifications in the monitoring schedule. On the other
hand, if the board finds an excessive number of leaks during an inspection, or
if the owner finds an excessive number of leaks during scheduled monitoring,
consideration shall be given to increasing the frequency of
inspection.
Statutory Authority: § 10.1-1308 of the Code of Virginia; §§ 110, 111, 123, 129, 171, 172, and 182 of the Clean Air Act; 40 CFR Parts 51 and 60.
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