La. Admin. Code tit. 33 § III-2132

Current through Register Vol. 50, No. 6, June 20, 2024

Section III-2132 - Stage II Vapor Recovery Systems for Control of Vehicle Refueling Emissions at Gasoline Dispensing Facilities

A. Definitions. Terms used in this Section are defined in LAC 33:III.111 of these regulations with the exception of those terms specifically defined as follows.

CARB- California Air Resources Board.

Independent Small Marketer of Gasoline (ISBM)-a person engaged in the marketing of gasoline who would be required to pay for procurement and installation of vapor recovery equipment under this Section, unless such person:

a. is a refiner; or

b. controls, is controlled by, or is under common control with, a refiner; or

c. is otherwise directly or indirectly affiliated with a refiner or with a person who controls, is controlled by, or is under a common control with, a refiner (unless the sole affiliation referred to herein is by means of a supply contract or an agreement or contract to use a trademark, trade name, service mark, or other identifying symbol or name owned by such refiner or any such person); or

d. receives less than 50 percent of his annual income from refining or marketing of gasoline. The term refiner shall not include any refiner whose total refinery capacity (including the refinery capacity of any person who controls, is controlled by, or is under common control with, such refiner) does not exceed 65,000 barrels per day. Control of a corporation means ownership of more than 50 percent of its stock.

Major System Modification (for the purposes of LAC 33:III.2132)-replacing, repairing or upgrading 75 percent or more of the facility's Stage II equipment.

Motor Vehicle Fuel- any petroleum distillate having a Reid vapor pressure of more than 4 pounds per square inch as determined by ASTM Method D323 and which is used primarily to power motor vehicles. This definition includes, but is not limited to, gasoline and mixtures of simple alcohols and gasoline.

Motor Vehicle Fuel Dispensing Facility (hereafter called "facility or facilities")- a facility consisting of one or more stationary gasoline storage tanks, with an individual capacity of 250 gallons or more, together with dispensing devices, used to fill motor vehicle fuel tanks, or portable containers.

Small Business Stationary Source-a stationary source that:

a. is owned or operated by a person that employs 100 or fewer individuals;

b. is a small business concern as defined in the Small Business Act;

c. is not a major stationary source;

d. does not emit 50 tons or more per year of any criteria or toxic air pollutant; and

e. emits less than 75 tons per year of all criteria or toxic air pollutants.

Stage II Vapor Recovery System- a gasoline vapor recovery system that is CARB-approved on or before March 31, 2001, or equivalent, and recovers vapors during the refueling of motor vehicles.

B. Applicability

1. The provisions of this Section shall apply to motor vehicle fuel dispensing facilities in the affected parishes of Ascension, East Baton Rouge, Iberville, Livingston, Pointe Coupee, and West Baton Rouge.

2. Except as provided in Subsection J of this Section, new facilities constructed after promulgation of this regulation shall comply with the requirements of this regulation upon start-up of the facility.

3. Except as provided in Subsection J of this Section, all facilities existing when these rules are promulgated that dispense greater than 10,000 gallons of gasoline per month (50,000 gallons of gasoline per month in the case of an independent small business marketer of gasoline) are subject to this regulation and shall demonstrate to the administrative authority their average monthly volume of motor vehicle fuel dispensed. This information shall be submitted to the administrative authority no later than 90 days after promulgation of this regulation. The criteria that mandate the installation of gasoline vapor recovery equipment are determined by calculating the average volume of motor vehicle fuel dispensed per month, without facility shutdown, for the most recent two-year period, and shall be calculated monthly. If data for two years is not available, this calculation shall be based on the monthly average for the most recent 12 calendar months, including only those months for which the facility was operating.

4. Except as provided in Subsection J of this Section, facilities subject to the provisions of this Section shall demonstrate compliance according to the following schedule:

a. facilities for which new construction commenced after November 15, 1990, must comply with these requirements not later than May 20, 1993;

b. facilities constructed before November 15, 1990, which have an average monthly throughput rate of 100,000 gallons or more of gasoline per month must comply prior to November 20, 1993;

c. facilities constructed before November 15, 1990, which have an average monthly throughput rate between 10,000 and 100,000 gallons of gasoline per month must comply not later than November 20, 1994; and

d. existing facilities previously exempted from, but which become subject to, the requirements of this regulation shall comply with the requirements of this regulation within one year from the date on which the facility becomes subject.

5. Except as provided in Subsection J of this Section, no owner or operator as described in Paragraphs B.1, 2, and 3 of this Section shall cause or allow the dispensing of motor vehicle fuel at any time unless all fuel dispensing operations are equipped with and utilize a stage II vapor recovery system certified by CARB on or before March 31, 2001, that is properly installed and operated in accordance with the corresponding CARB executive order. The vapor recovery equipment must also be installed and operated within the guidelines of the National Fire Protection Association (NFPA) 30. The vapor recovery equipment utilized shall be certified by CARB or equivalent certification authority approved by the administrative authority* to attain a minimum of 95 percent gasoline vapor control efficiency. This certified equipment shall have coaxial hoses and shall not contain remote check valves. In addition, only CARB or equivalent approved aftermarket parts and CARB or equivalent approved rebuilt parts shall be used for installation or replacement use. CARB certified enhanced vapor recovery systems and/or individual parts are approvable by the administrative authority* as equivalent alternatives.

6. Except as provided in Subsection J of this Section, the regulated facility shall submit the following application information to the Office of Environmental Assessment prior to installation of the stage II vapor recovery system:

a. plans for installation of the Stage II Vapor Recovery System, including approved equipment (per Paragraph B.5 of this Section) and piping, together with the proposed construction schedule;

b. plans to test for proper operation of the Stage II equipment in accordance with Subparagraph D.1.a of this Section or upon major system modification;

c. information in the application for approval form shall include:

i. the facility name and address;

ii. signature of the owner or operator;

iii. the CARB or equivalent executive order number of the vapor recovery system to be utilized; and

iv. any other pertinent information.

7. Once a facility becomes subject to this regulation, that facility shall continue to be subject to this regulation even if throughput drops back below the throughput exemption level until the facility decommissions its stage II equipment in accordance with Paragraph J.4 of this Section.

8. Exemption. Any segregated motor vehicle fuel dispensing system used exclusively for the fueling and/or refueling of vehicles equipped with onboard refueling vapor recovery equipment (e.g., initial fueling of new vehicles at automobile assembly plants, refueling of rental cars at rental car facilities, and refueling of flexible fuel vehicles at E85 dispensing pumps), located at a facility subject to this regulation, is exempt from the requirements in Paragraphs B.5 and 6 of this Section.

9. Upon request by the Department of Environmental Quality, the owner or operator of a facility that claims to be exempt from the requirements of this Section shall submit supporting records to the Office of Environmental Assessment within 30 calendar days from the date of the request. The Department of Environmental Quality shall make a final determination regarding the exemption status of a facility.

C. Training

1. Except as provided in Subsection J of this Section, at least one owner/operator/employee from each facility shall receive training in the categories listed in this Section. For each person who successfully completes training, a certificate or other proof of training shall be required. The required training shall be completed prior to the initiation of operation of a facility's stage II vapor recovery equipment. Training shall include the following areas:

a. purposes and effects of the Stage II vapor control program;

b. equipment operation and function specific to the facility's system;

c. maintenance schedules and requirements for the facility's equipment;

d. equipment warranties; and

e. equipment manufacturer contacts (names, addresses and telephone numbers) for parts and service.

2. The administrative authority shall accept equipment manufacturers' seminars as a form of training with proof of attendance or completion after evaluation. Other types of training may be accepted upon approval by the Department of Environmental Quality.

D. Testing

1. Except as provided in Subsection J of this Section, the owner/operator of the facility shall have the installed vapor recovery equipment tested prior to the start-up of the facility. The owner or operator shall notify the Office of Environmental Assessment at least five calendar days in advance of the scheduled date of testing. Testing must be performed by a contractor that is certified with the Department of Environmental Quality. Compliance with the emission specification for stage II equipment shall be demonstrated by passing the following required tests or equivalent for each type of system:

a. vapor balance system:

i. a static pressure test (CARB test procedure TP 201.3) shall be initially conducted and successfully passed after installation of the vapor recovery system and prior to initiating operation of the vapor recovery system and once every year thereafter;

ii. a dynamic pressure drop test (San Francisco Bay Area Dynamic Back Pressure Test Procedure ST-27) shall be initially conducted and successfully passed after installation of the vapor recovery system and prior to initiating operation of the vapor recovery system and once every year thereafter; and

iii. a liquid blockage test (San Diego Test Procedure TP-91-2) shall be initially conducted and successfully passed after installation of the vapor recovery system and prior to initiating operation of the vapor recovery system and once every five years thereafter;

b. vacuum assist system:

ii. an air to liquid volume ratio test (CARB test procedure TP 201.5) shall be initially conducted and successfully passed after installation of the vapor recovery system and prior to initiating operation of the vapor recovery system and once every year thereafter; and

2. The test methods used are contained in the Environmental Protection Agency document entitled, "Technical Guidance Stage II Vapor Recovery Systems for Control of Vehicle Refueling Emissions at Gasoline Dispensing Facilities, EPA-450-3-91-022b" and the CARB Stationary Source Test Methods, Volume 2, April 12, 1996.

3. The department reserves the right to confirm the results of the aforementioned testing at its discretion and at any time. Within 30 days after installation or major system modification of a vapor recovery system, the owner or operator of the facility shall submit to the Office of Environmental Assessment the date of completion of the installation or major system modification of a vapor recovery system and the results of all functional testing requirements.

E. Labeling. Except as provided in Subsection J of this Section, the facility owner/operator shall post operating instructions conspicuously on the front of each gasoline dispensing pump using a stage II vapor recovery system. The instructions shall include:

1. a clear description of how to correctly dispense gasoline with the vapor recovery nozzles utilized at the site;

2. a warning that continued attempts at dispensing gasoline after the system indicates that the vehicle tank is full ("topping off") may result in spillage or recirculation of gasoline; and

3. a telephone number established by the department for use by the public to report comments, questions, or problems experienced with the system.

F. Inspection

1. Until the stage II equipment is decommissioned in accordance with Paragraph J.4 of this Section, the facility owner or operator shall maintain the stage II vapor recovery system in proper operating condition as specified by the manufacturer and free of defects that could impair the effectiveness of the system, including but not limited to:

a. absence or disconnection of any component required to be used on a certified or equivalent system;

b. crimped or flattened vapor hose such that the vapor passage is blocked or restricted;

c. a nozzle boot that is torn in one or both of the following ways:

i. a triangular-shaped or similar tear more than 1/2 inch on a side or a hole more than 1/2 inch in diameter;

ii. a slit more than 1 inch in length;

d. for balance nozzles a faceplate that is damaged such that the capability to achieve a seal with a fill pipe interface is affected for a total of at least one-fourth of the circumference of the faceplate;

e. for nozzles in vacuum assist type systems, a flexible cone for which a total of at least one-fourth of the cone is damaged or missing;

f. a nozzle shutoff mechanism that malfunctions in any manner;

g. vapor return lines, including such components as swivels, anti-recirculation valves, and underground piping, that malfunction, are blocked, or are restricted such that the pressure drop through the line exceeds by a factor of two or more the value as certified in the approved system;

h. a vapor processing unit that is inoperative;

i. a vacuum producing device that is inoperative;

j. pressure/vacuum valves, vapor check valves, or dry breaks that are inoperative;

k. a vapor guard that is missing or damaged such that a slit from the outer edge of the open end flange to the spout anchor clamp exists or that has an equivalent cumulative damage;

l. any equipment defect that is identified by the department as substantially impairing the effectiveness of the system in reducing refueling vapor emissions; or

m. any gasoline leaks as detected by sight, sound, or smell.

2. The owner or operator shall perform daily inspections and accurately record the results of the inspections.

3. Any equipment having a defect, as determined through daily visual inspections or other means, shall be tagged "out of order" by the facility owner or operator and shall not be used until it has been repaired or replaced.

4. Any equipment that has been tagged "out of order" by the department shall not be used until it has been repaired or replaced.

G. Recordkeeping. The facility owner/operator shall maintain the following records on the facility premises for at least two years and present them to an authorized representative of the department upon request:

1. application approval records;

2. certificate to operate;

3. system installation and testing results;

4. Stage II maintenance records, which shall include, but not be limited to, daily visual inspections for malfunctions;

5. department inspection records;

6. compliance records; and

7. training certification.

H. Enforcement

1. Enforcement of these regulations, authorized under R.S. 30:2054, shall include, but not be limited to, the following penalties:

a. notices of corrected violations;

b. compliance orders;

c. cease and desist orders;

d. suspension of license or permit to operate;

e. revocation of license or permit to operate;

f. monetary fines; and

g. "red tagging" equipment to prevent its operation.

2. The administrative authority may consider requests from a small business stationary source for modification of:

a. any work practice or technological method of compliance; or

b. the schedule of milestones for implementing such work practice or method of compliance preceding any applicable compliance date, based on the technological and financial capability of any such small business stationary source. No such modification may be granted unless it is in compliance with the applicable requirements of the Louisiana Environmental Quality Act and the Federal Clean Air Act, including the requirements of the applicable implementation plan. Where such applicable requirements are set forth in federal regulations, only modifications authorized in such regulations may be allowed.

I. Fees. The fees are defined in LAC 33:III.223.

J. Termination of Stage II Program

1. The provisions of this Subsection shall be effective upon the effective date of final approval by the EPA of a revision to the state implementation plan (SIP) to incorporate this Subsection.

2. Notwithstanding any other provision, a new facility constructed after EPA approval of the SIP revision in Paragraph J.1 of this Section is exempt from requirements of this Section.

3. An existing facility with stage II vapor recovery equipment shall complete decommissioning of the stage II equipment no later than 18 months from EPA approval of the SIP revision in Paragraph 1 of this Subsection. The failure to properly and timely decommission a stage II vapor recovery system in accordance with this Subsection shall be a violation of the Act and these regulations and subject to an enforcement action, which may include requiring decommissioning of the stage II vapor recovery system and/or the prohibition of the sale/dispensing of gasoline at the facility. Once the decommission of the stage II vapor recovery system has been completed in accordance with this Subsection, the facility is no longer subject to the requirements of this Section, except to comply with notifications, procedures, and recordkeeping associated with decommissioning.

4. Decommissioning

a. All decommissioning shall be performed in accordance with this Paragraph.

i. Notice

(a). The owner or operator of a facility shall submit written notification of intent to decommission the stage II vapor recovery equipment at least 30 calendar days prior to the beginning of any decommissioning activity to the Louisiana Department Environmental Quality. The notice of intent shall include:

(i). gasoline dispensing facility name and location address;

(ii). owner name, address, and phone number;

(iii). operator name, address, and phone number;

(iv). on-site supervisor/contractor name, address, and phone number; and

(v). planned decommissioning start date.

(b). If decommissioning activities are not initiated within 180 calendar days after the date the notice of intent to decommission is received by the department, the owner or operator of the gasoline dispensing facility shall refile the notice of intent to decommission for the gasoline dispensing facility location.

(c). The owner or operator of the gasoline dispensing facility shall notify the department in writing no later than 10 calendar days after completion of all decommissioning activity at the gasoline dispensing facility.

b. Required Decommissioning Activities

i. Only technicians who have received appropriate training, have all of the required tools, and possess the required regulatory and equipment-manufacturer certifications shall perform the stage II decommissioning procedure.

ii. The owner or operator of the gasoline dispensing facility shall perform and complete all of the following decommissioning activities, as applicable, in a manner consistent with the 2009 Petroleum Equipment Institute Recommended Practices 300-09 (PEI/RP 300-09), section 14 for the particular stage II vapor recovery system equipment installed at the gasoline dispensing facility, including:

(a). initiate safety procedures appropriate to the facility;

(b). relieve pressure in the tank ullage by removing all pressure/vacuum vent valves;

(c). drain all liquid collection points and vapor pumps for individual dispensers;

(d) remove all centrally located vapor pumps;

(e) disconnect all electrical components of the stage II system so that no electrical hazards are created (e.g., all vapor pumping or processing units and dispenser electronics);

(f) reprogram the dispenser electronics to reflect that stage II vapor recovery is no longer in service;

(g). securely seal the below-grade vapor piping at a height below the level of the base of the dispenser using only threaded plugs, threaded caps, or glued fittings;

(h) disconnect and seal off the vapor piping at the tank top if this can be done without excavation and without interfering with the vent line using only threaded plugs, threaded caps, or glue fittings;

(i) securely seal the lower end of the vapor piping inside the dispenser cabinet using only threaded plugs, threaded caps, or glue fittings;

(j) replace the stage II hanging hardware including hoses, nozzles, swivels, and breakaway components with conventional, industry-standard hanging hardware;

(k) install appropriate pressure/vacuum vent valve(s);

(l) remove any stage II instructions from the dispenser cabinet;

(m) conduct a visual check to verify that the visible components of the storage system are left in a condition that will reliably prevent the release of any vapors or liquids from any components of the storage system;

(n). conduct a pressure decay test;

(o). disconnect the central vacuum motor if present on the stage II system and seal piping using only threaded plugs, threaded caps, or glue fittings;

(p). provide written documentation, as provided on the department website, including the stage II decommissioning checklist and any contracts, work orders, certifications, or other appropriate record that the appropriate work to decommission Stage II equipment was performed; and

(q). complete all decommissioning activity at a gasoline dispensing facility location within 30 calendar days after the date decommissioning activity was initiated.

iii. Stage II dispensers may be removed and replaced with conventional dispensers, provided any applicable procedures in Clause ii of this Subparagraph are performed in a manner consistent with the Petroleum Equipment Institute Recommended Practices 300-09 (PEI/RP 300-09), section 14 for the particular stage II vapor recovery system equipment installed at the gasoline dispensing facility.

c. Decommissioning Completion Notice

i. The owner or operator of the gasoline dispensing facility shall notify, in writing, the department no later than 10 calendar days after completion of all decommissioning activity at the gasoline dispensing facility. Notification shall include:

(a). gasoline dispensing facility name and location address;

(b). owner name, address, and telephone number;

(c). operator name, address, and telephone number; and

(d). provide a copy of the documentation, including the checklist, demonstrating the appropriate actions for decommissioning of stage II equipment.

d. The stage II equipment shall be considered as decommissioned upon receipt of the decommissioning completion notice by the department.

e. The facility owner/operator shall maintain all documents related to decommissioning activities for at least four years and present them to an authorized representative of the department upon request. These documents may include:

i. checklists, contracts and invoices associated with decommissioning of the stage II vapor recovery system; and

ii. contracts, invoices, check lists, and results for required testing for decommissioning of the stage II vapor recovery system.

La. Admin. Code tit. 33, § III-2132

Promulgated by the Department of Environmental Quality, Office of Air Quality and Radiation Protection, Air Quality Division, LR 18:1254 (November 1992), repromulgated LR 19:46 (January 1993), amended LR 23:1682 (December 1997), LR 24:25 (January 1998), amended by the Office of Environmental Assessment, Environmental Planning Division, LR 26:2453 (November 2000), LR 29:558 (April 2003), amended by the Office of the Secretary, Legal Affairs Division, LR 31:2440 (October 2005), LR 33:2086 (October 2007), LR 34:1890 (September 2008), LR 34:2397 (November 2008), LR 37:1147 (April 2011), amended by the Office of the Secretary, Legal Division, LR 38:2752 (November 2012), Amended by the Office of the Secretary Legal Affairs and Criminal Investigations Division, LR 432138 (11/1/2017), Amended by LR 441242 (7/1/2018).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2054.