06- 096 C.M.R. ch. 120, § 3

Current through 2025-03, January 15, 2025

Section 096-120-3 - Prohibition

A. After May 1, 1989, no person owning, leasing, or controlling a tank truck excluding any tank truck with a total capacity of less than 3500 gallons including all of its compartments which was put into service prior to May 22, 1991 that carries gasoline and receives fuel from a bulk gasoline terminal subject to Chapter 112 of the Department's regulations shall permit or suffer the tank truck to be loaded or unloaded unless the tank truck:

(1) has been certified as leak-tight according to the procedure specified in Section 5 below; and

(2) displays the initials "DEP" attached to both the left and right bulkhead of the tank truck in contrasting letters that are no less than 2 inches high and displays the date that the test was conducted and that the certification expires not more than 12 months after the certification test date.

B. After May 31, 1995, no person owning, leasing, or controlling any tank truck that carries gasoline and receives fuel from a bulk gasoline terminal and/or a bulk gasoline plant subject to Chapter 112 and Chapter 133 of the Department's regulations, respectively, shall permit or suffer the tank truck to be loaded or unloaded unless the tank truck meets the requirements of Section 3(A)(1) and 3(A)(2) of this regulation.

C. The owner or operator of a bulk gasoline terminal and/or a bulk gasoline plant shall design and operate their vapor control system in such a manner that, during loading and unloading operations at the loading rack:

(1) the tank compartments of the tank truck are not subjected to a gauge pressure exceeding 18 inches of water or a vacuum exceeding 6 inches of water;

(2) readings equal to or greater than 100 percent of the lower explosive limit (LEL, measured as 2.2 percent propane or equivalent percent of another calibration gas by volume in air) are not obtained within 1 inch (2.5 cm) around any potential leak source of the tank truck including all loading couplings and vapor lines and fittings employed in transferring gasoline to the tank truck; and

(3) there are no visible or audible liquid or vapor leaks in the vicinity of the loading rack.

D. The owner or operator of the vapor control system must repair and retest a vapor control system that exceeds the limits of Section 3(C) within 15 days. Copies of the records of all repairs and retest of the vapor control system are to be retained by the owner or operator of the bulk gasoline terminal or bulk gasoline plant for a minimum of two years after the date on which the test was conducted. These records shall be available for inspection during normal business hours and copies shall be provided to the Department and/or the Environmental Protection Agency (EPA) upon request.

06- 096 C.M.R. ch. 120, § 3