Md. Code Regs. 26.11.24.01

Current through Register Vol. 51, No. 12, June 14, 2024

Section 26.11.24.01 - Definitions

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Approved Stage II vapor recovery system (approved system)" means:

(a) A properly installed Stage II vapor recovery system for which CARB issued an Executive Order certifying the system using procedures in effect in California before April 1, 2001; or

(b) A system approved by the Department that involves certification procedures comparable to or similar to the certification procedures used by CARB and in effect in California before April 1, 2001.

(2) "CARB" means the California Air Resources Board.

(2-1) "Certified Inspector" means an inspector that has been trained and certified in the Department's requirements for gasoline storage tanks and vapor recovery systems in accordance with COMAR 26.10.06.04 a.

(3) "Defective equipment" means the absence, disconnection, or malfunctioning of an approved system or part of an approved system, including:

(a) A vapor return line that is crimped, flattened, blocked, or that has any hole or slit from which vapors may leak;

(b) A nozzle bellows that has any hole through which a 1/4 inch diameter cylindrical rod will pass, or any slit 1 inch or more in length;

(c) A nozzle faceplate or facecone that has 25 percent or more of its surface torn or missing;

(d) A nozzle without an automatic overfill control mechanism or with an inoperable overfill control mechanism;

(e) A nozzle without a vapor check valve or with a malfunctioning vapor check valve;

(f) Any underground equipment that is not vapor tight or any equipment that has obstructions prohibiting the flow of vapor; and

(g) A missing, inoperable, or malfunctioning vapor processing unit, vacuum generating device, pressure or vacuum relief valve, vapor check valve, or any other component of an approved system.

(4) "Existing gasoline dispensing facility" means any gasoline dispensing facility that is not a "new gasoline dispensing facility" as defined in this regulation.

(5) "Facecone" means a component of a nozzle, located at the end of the flexible cone, that allows gasoline vapors to be collected.

(6) "Faceplate" means a component of a nozzle, located at the end of the nozzle bellows, that provides the vapor seal when gasoline is dispensed into a motor vehicle.

(7) "Gasoline dispensing facility" means a site with equipment that is used to transfer gasoline from one or more stationary storage tanks into motor vehicle fuel tanks.

(8) "Independent small business gasoline marketer" means an independent small business marketer of gasoline, as defined in § 324 (Vapor Recovery for Small Business Marketers of Petroleum Products) of the Federal Clean Air Act.

(8-1) "Major Modification" means:

(a) Excavation below a shear valve or tank pad in order to repair or replace Stage II system or an underground storage tank;

(b) Installation of a new dispenser system manufactured without a Stage II system; or

(c) A major system modification consisting of the replacement, repair or upgrade of at least 50 percent of a facility's Stage II vapor recovery system.

(9) "Monthly gasoline throughput" means the average monthly amount of gasoline dispensed at a gasoline dispensing facility excluding any time period when the facility was shut down.

(9-1) "Motor vehicle" means a vehicle registered with the Maryland Motor Vehicle Administration or the equivalent agency of another state.

(10) "New gasoline dispensing facility" means a gasoline dispensing facility for which the Department issued or issues a permit to construct after November 15, 1990, except for a gasoline dispensing facility at which only the gasoline storage tanks were or are replaced.

(11) "Nozzle" means the spout at the end of the gasoline hose used to dispense and control the flow of gasoline from a stationary gasoline storage tank into motor vehicle fuel tanks.

(12) "Nozzle bellows" means a flexible component of a nozzle that is compressed to establish a seal between the nozzle faceplate and filler neck of the motor vehicle fuel tank.

(13) "Operator" means a dealer or other person who is responsible for the daily operation and maintenance of a gasoline dispensing facility and who is subject to the inspection, training, and reporting requirements of this chapter.

(14) Owner.

(a) "Owner" means the person who owns a gasoline dispensing facility and who is responsible for the installation requirements, initial compliance, and periodic testing of an approved system.

(b) Owner includes a person who:

(i) Owns an oil storage facility or UST system, or both, used for storage, use, or dispensing of regulated substances; or

(ii) Owned the UST system immediately before the discontinuation of its use.

(14-1) "Stage I vapor balance system" means coaxial or dual piping that creates a closed system between a tank truck and a stationary storage tank and contains the vapors during the transfer of gasoline.

(15) "Stage II vapor recovery system" means a system at a gasoline dispensing facility that is designed, installed, and used to collect, recover, or destroy gasoline vapors displaced when gasoline is dispensed from a stationary gasoline storage tank into motor vehicle fuel tanks.

(16) "Tag out of service" means to place out of service by use of a conspicuously located tag or sign on a nozzle that prohibits the use of any nozzle associated with defective equipment.

(16-1) "Tank System" means a storage tank or a set of manifolded storage tanks containing gasoline.

(17) "Vapor assist system-Type 1" means a Stage II vapor recovery system that uses:

(a) A mechanical device and the flow of gasoline to generate a vacuum, the magnitude of which is related to the volume of gasoline; or

(b) An electromechanical device which collects gasoline vapors displaced when gasoline is dispensed from a stationary storage tank into motor vehicle fuel tanks.

(18) "Vapor assist system-Type 2" means a Stage II vapor recovery system that provides vacuum from a centrally located pump for all gasoline dispensers at the facility and is initiated by a trigger in the nozzle. This system is referred to as the "Healy System".

(19) "Vapor balance system" means a Stage II vapor recovery system that uses the pressure generated in a vehicle tank by incoming fuel and the negative pressure in the gasoline storage tank to recover vapors displaced when gasoline is dispensed from a stationary storage tank into motor vehicle fuel tanks.

(20) "Vapor recovery system" means a Stage II vapor recovery system at a gasoline dispensing facility and a Stage I vapor recovery system on a gasoline storage tank.

Md. Code Regs. 26.11.24.01

Regulation .01B amended effective June 20, 1994 (21:12 Md. R. 1064); May 8, 1995 (22:9 Md. R. 647); April 15, 2002 (29:7 Md. R. 623); January 29, 2007 (34:2 Md. R. 139)
Regulation .01 amended effective 42:23 Md. R. 1435, eff.11/23/2015