N.J. Admin. Code § 7:27-16.3

Current through Register Vol. 56, No. 12, June 17, 2024

Section 7:27-16.3 - Gasoline transfer operations

(a) This section shall apply to any gasoline transfer operation and to the storage, transportation, and dispensing of gasoline for the refueling of vehicles or for use in any other type of operation including, but not limited to, agricultural, aviation, industrial, commercial, construction, and marine operations.

(b) This section shall not apply to the following:

1. The loading of gasoline as cargo into a marine tank vessel. Marine tank vessel loading operations that occur in New Jersey or in New Jersey coastal waters are subject to the provisions at N.J.A.C. 7.27-16.5;

2. The transfer of gasoline into a stationary storage tank during construction ballasting; and

3. The transfer of gasoline into or from portable fuel containers.

(c) No person shall cause, suffer, allow, or permit the transfer of gasoline into a receiving vessel having a maximum capacity of 2,000 gallons (7,570 liters) or greater, unless the following requirements are met:

1. The transfer is made:

i. Through a submerged fill pipe. If the receiving vessel is a stationary storage tank (either above ground or underground), the submerged fill pipe shall be permanently affixed to the tank; or

ii. By some other means approved by the Department as being equally or more effective in reducing total applicable VOC emissions into the outdoor atmosphere during transfer; or

2. The manufacturing process vessel was installed before December 17, 1979.

(d) Except as provided in (i) below, no person shall cause, suffer, allow, or permit the transfer of gasoline from a delivery vessel into any stationary storage tank having a maximum capacity of 2,000 gallons (7,570 liters) or greater unless the storage tank meets the requirements of N.J.A.C. 7:27-16.2. The storage tank shall either have a floating roof or be equipped and operating with all of the following Phase I vapor recovery system emission controls:

1. A Phase I vapor recovery system that reduces the total applicable VOC emissions into the outdoor atmosphere by no less than 98 percent of the concentration of applicable VOC by volume in the air-vapor mixture displaced during the transfer of gasoline;

2. A pressure/vacuum relief vent valve on each atmospheric vent;

3. A CARB-certified Phase I EVR system pressure/vacuum relief vent valve. A Phase I vapor recovery system installed before December 23, 2017, shall comply with this paragraph on or before December 23, 2018; and

4. A CARB-certified Phase I EVR system, including a dual point vapor balance system, the components of which shall have been approved in one or more CARB-certified Phase I EVR System executive orders in effect at the time of installation, but the components need not all be approved in the same executive order. A Phase I vapor recovery system installed before December 23, 2017, shall comply with this paragraph on or before December 23, 2024, except:

i. A Phase I vapor recovery system that is using a single-point vapor balance system installed before December 23, 2017, is not required to replace the single-point vapor balance system with a dual-point vapor balance system. The CARB-certified Phase I EVR System Executive Order requirements for rotatable adapters shall not apply to a gasoline dispensing facility using a single-point vapor balance system.

(e) The owner or operator of a gasoline dispensing facility with an existing Phase II vapor recovery system for the transfer of gasoline into any gasoline-laden vehicular fuel tank shall either:

1. Decommission the system on or before December 23, 2020, in accordance with (h) below and maintain the system in accordance with the requirements of this section until the decommissioning is completed; or

2. For a Phase II vapor recovery system that is ORVR-compatible, either:

i. Decommission the system in accordance with (h) below; or

ii. Maintain the system in accordance with the requirements of this section.

(f) Except as provided in (e) above, the owner or operator of an existing gasoline dispensing facility with an existing Phase II vapor recovery system shall ensure that:

1. The transfer of gasoline into any gasoline-laden vehicular fuel tank is made using a vapor recovery system that is approved by the Department and that reduces the total applicable VOC emissions into the outdoor atmosphere by no less than 95 percent of the concentration of applicable VOC by volume in the air-vapor mixture displaced during the transfer of gasoline;

2. The vapor recovery system is one of the following:

i. A Phase II vapor recovery system that is CARB-certified;

ii. A Phase II vapor recovery system that was certified by CARB prior to July 25, 2001, for which all replacement parts/equipment/components and all subsequent construction modifications:

(1) Are approved in an Executive Order or approval letter issued by CARB on or after July 25, 2001; and

(2) Do not decrease the VOC emission control efficiency of the system; or

iii. A Phase II vapor recovery system that is equivalent for the purpose of VOC emission control to a CARB-certified Phase II vapor recovery system and that is approved by the Department and the EPA;

3. Each dispensing device at a gasoline dispensing facility meets the following requirements:

i. Each nozzle shall have a check valve located in the nozzle;

ii. At a facility with a vacuum assist vapor control system, each nozzle shall be equipped with a splash-guard that prevents spillage during refueling; and

iii. Each dispensing device and its nozzle(s) shall be designed to be compatible, such that:

(1) The nozzle together with its vapor boot fits into the housing in which it is hung on the dispensing device; and

(2) The nozzle's vapor check valve remains in the closed position when the nozzle is properly hung on the dispensing device.

(g) Except as provided in (i) below, the owner or operator of a gasoline dispensing facility with a stationary storage tank greater than or equal to 2,000 gallons (7,570 liters) shall ensure that:

1. During the transfer of gasoline into any gasoline-laden vehicular fuel tank, any person refueling a vehicle prevents overfilling and spillage and does not allow the transfer of gasoline to continue after the nozzle automatic shut-off point;

2. At a gasoline dispensing facility that was constructed on or after June 29, 2003, and for which the Department issued a construction permit after June 29, 2003, each dispensing device that dispenses more than one grade of gasoline utilizes a unihose system for dispensing gasoline;

3. At a gasoline dispensing facility without a Phase II vapor recovery system, each nozzle is a CARB-certified enhanced conventional (ECO) nozzle in accordance with CARB certification procedure CP-207, as amended or supplemented. If no nozzle is CARB-certified at the time of the installation, decommissioning, or nozzle replacement, a conventional nozzle may be installed.

i. A gasoline dispensing facility installed before December 23, 2017, shall comply with this paragraph as a part of the decommissioning of a Phase II system, and each time a nozzle is replaced thereafter; and

4. At a gasoline dispensing facility without a Phase II vapor recovery system, each dispenser hose is a CARB-certified low permeation hose in accordance with CARB certification procedures CP-201 and CP-207, as amended or supplemented.

i. A gasoline dispensing facility installed before December 23, 2017, shall comply with this paragraph as a part of the decommissioning of a Phase II system, and each time a dispenser hose is replaced thereafter.

(h) The decommissioning of a Phase II vapor recovery system shall be conducted in accordance with the following:

1. Petroleum Equipment Institute document PEI/RP300-09 "Recommended Practices for Installation and Testing of Vapor-Recovery Systems at Vehicle-Fueling Sites" (available at www.pei.org), incorporated herein by reference, as amended or supplemented, which includes the testing set forth at Table 3A below, and (j) below, as applicable;

2. The decommissioning of a Phase II vapor recovery system shall be conducted or supervised by an individual who is certified by the Department in underground storage tank installation or closure and who also works for a certified firm in accordance with N.J.A.C. 7:14B-13, except neither a certified individual nor a certified firm is required for decommissioning testing performed in accordance with PEI requirements and Table 3A below;

3. All underground piping and/or condensate traps associated with the decommissioned vapor recovery system that are not removed at the time of decommissioning shall be removed at such time in the future that they become exposed as a part of a modification to the gasoline dispensing facility, or if the system fails a static pressure performance test as required in (j) below and the leak is associated with the vapor recovery system underground piping system;

4. At least 14 days prior to commencing work to decommission, the owner or operator of the gasoline dispensing facility shall notify the Department by e-mail to 14dayUSTnotice@dep.nj.gov and include the name, address, and registration number of the facility, name and contact information for the owner and operator, the name and contact information of the certified individual and business conducting the decommissioning, and the date on which the decommissioning is scheduled to begin; and

5. Within 14 days after decommissioning is complete, the owner or operator of the gasoline dispensing facility shall notify the Department by e-mail to 14dayUSTnotice@dep.nj.gov and include the name, address, and registration number of the facility, name and contact information for the owner and operator, the name and contact information of the certified individual and business conducting the decommissioning, the date on which the decommissioning was conducted and a decommissioning checklist in accordance with PEI/RP300-09, or a checklist that may be amended by the Department as applicable.

(i) The provisions of (d)3 and 4 and (g)2, 3, and 4 above do not apply to a gasoline dispensing facility installed before December 23, 2017, if:

1. The vapor recovery system and refueling equipment subject to (d) and (g) above is used exclusively for the refueling of marine vehicles, unless the equipment identified in (d)3 or 4 or (g)2, 3, or 4 above is being replaced; or

2. The vapor recovery system and refueling equipment subject to (d) and (g) above is used exclusively for the refueling of aircraft, unless the equipment identified in (d)3 or 4 or (g)2, 3, or 4 above is being replaced.

(j) The owner or operator of a gasoline dispensing facility shall perform tests to demonstrate that the facility's vapor recovery systems or equipment are performing properly, as follows:

1. Each test set forth in Table 3A below that is applicable to the facility shall be conducted in accordance with the schedule for testing given in the Table;

2. Each test required to be performed pursuant to (j)1 above shall be conducted utilizing the applicable CARB test method cited in Table 3A below, or utilizing some other method approved by the Department and the EPA. A copy of the test methods cited in Table 3A above is available at www.arb.ca.gov/vapor/vapor.htm;

3. At least 14 days prior to performing any tests, the owner or operator of the gasoline dispensing facility shall notify the Department by e-mail to 14dayUSTnotice@dep.nj.gov and include the name, address, and registration number of the facility, name and contact information for the owner and operator, the name and contact information of the business conducting the testing, and the date on which the testing is scheduled to begin;

4. On the day of the test, any corrective action, repairs, or equipment replacement made to the vapor recovery system shall be recorded with the test results on the documentation of the test results;

5. A vapor recovery system or equipment shall be deemed to have passed a test conducted pursuant to (j)1 above, if it meets the applicable performance standards and specifications that are set forth in CARB's Vapor Recovery Certification Procedures and/or Test Procedures, including all subsequent revisions thereto, which are incorporated herein by reference. A copy of CARB's Vapor Recovery Certification and Testing Procedures may be downloaded from CARB's website at http://www.arb.ca.gov/vapor/vapor.htm

6. If the vapor recovery system or equipment at a gasoline dispensing facility fails any test required to be performed pursuant to (j)1 above, the owner or operator of the facility shall:

i. Notify the Department in writing within 72 hours of the failure. Such notification shall be submitted to the Department by e-mail to 14dayUSTnotice@dep.nj.gov and include the name, address, and registration number of the facility, name and contact information for the owner and operator, the name and contact information of the business conducting the testing, the date the testing was conducted, and the results of the testing using the forms in the applicable CARB method; and

ii. Have the system repaired and retested within 14 days of failure of the test and record any repairs on the documentation of the test results;

7. If the vapor recovery system or equipment at a gasoline dispensing facility fails any retesting required to be performed pursuant to (j)1 above, the owner or operator of the facility shall:

i. Notify the Department in writing within 72 hours of the failure. Such notification shall be submitted to the Department by e-mail to 14dayUSTnotice@dep.nj.gov and include the name, address, and registration number of the facility, name and contact information for the owner and operator, the name and contact information of the business conducting the testing, the date the testing was conducted, and the results of the testing using the forms in the applicable CARB method; and

ii. Have the system repaired and retested in accordance with a compliance plan approved by the Department;

8. The owner or operator of the gasoline dispensing facility shall maintain a record of the performance of each of the tests, and of the results obtained, in accordance with (t) below;

9. Upon the request of the Department, the owner or operator of a gasoline dispensing facility shall provide the testing documentation and results required pursuant to (j)8 above and (t) below to the Department, either at the facility or to the Department's offices, as specified by the Department; and

10. Upon the request of the Department, the owner or operator of a gasoline dispensing facility shall demonstrate the efficiency of the facility's vapor recovery system in reducing the total applicable VOC emissions released from the facility into the outdoor atmosphere, as required pursuant to (d)1 and/or (f)1 above, in accordance with test procedures or documentation approved by the Department.

Table 3A

Testing for Gasoline Dispensing Facilities

Test	Applicability	Testing Schedule	Test Method
Static	Applies to any	Within 90 days from	CARB TP-201.3* for
Pressure Performance Test	facility required to have a vapor recovery system under (d) above or that decommissions a vapor recovery system under (h) above	the date of installation of the system, at least once in every 12-month period thereafter, and as part of decommissioning	underground storage tanks and CARB TP-206.3B for aboveground storage tanks, as applicable, including all subsequent revisions thereto, which are incorporated herein by reference
Pressure Vacuum Vent Valve Test	Applies to any facility required to have a vapor recovery system under (d) above or that decommissions a vapor recovery system under (h) above	Within 90 days from the date of installation of the system, at least once in every 12-month period thereafter, and and as part of decommissioning	CARB TP-201.1E, including all subsequent revisions thereto, which are incorporated herein by reference
Dynamic Backpressure Performance Test	Applies to any facility that has a Phase II vapor recovery system under (f) above	Within 90 days from the date of installation of the system and at least once in every 36-month period thereafter	CARB TP-201.4, including all subsequent revisions thereto, which are incorporated herein by reference
Air to Liquid Volume Ratio Test	Applies to any facility that has a Phase II vacuum assist vapor recovery system under (f) above	Within 90 days from the date of installation of the system and at least once in every 36-month period thereafter	CARB TP-201.5, including all subsequent revisions thereto, which are incorporated herein by reference
Torque Test	Applies to any facility that has rotatable adapters under (d) above	Within 90 days from the date of installation of the system and at least once in every 12-month period thereafter	CARB TP-201.1B, including all subsequent revisions thereto, which are incorporated herein by reference
Tie-Tank Test	Applies to any facility that decommissions a Phase II vapor recovery system under (h) above	As part of decommissioning	CARB TP-201.3C, including all subsequent revisions thereto, which are incorporated herein by reference

*In CARB TP-201.3, the compliance equation for a Phase II vacuum assist system with one to six nozzles shall be used for a gasoline dispensing facility with a Phase I vapor recovery system and no Phase II vapor recovery system. This compliance equation for a Phase I vapor recovery system is also included in CARB's Vapor Recovery Certification Procedure CP-201.

(k) No person shall cause, suffer, allow, or permit a delivery vessel having a maximum capacity of 2,000 gallons (7,570 liters) or greater, except if it is a railroad tank car or marine tank vessel, to contain gasoline unless:

1. The delivery vessel sustains a pressure change of less than three inches of water (six millimeters of mercury) in five minutes when pressurized to 18 inches of water (34 millimeters of mercury) and evacuated to six inches of water (11 millimeters of mercury);

2. Pressure and vacuum tests are performed on the delivery vessel at least once in every 12-month period, in accordance with test procedures specified by the Department, to determine whether or not the requirements of (k)1 above are met;

3. A certification is affixed to the delivery vessel in a prominent location, which indicates the identification number of the vessel and the date the vessel last passed the pressure and vacuum tests; and

4. A record of certification is kept with the delivery vessel at all times and made available upon request by the Department. The record of certification shall include the name and address of the delivery vessel owner; the delivery vessel identification number; and, for each test performed, the test method used, the testing location, date of test, tester's name and signature, and test results.

(l) No person shall cause, suffer, allow, or permit a transfer of gasoline, to or from a delivery vessel, if the transfer is subject to the provisions of (d) above, and (m) or (n) below, and if the delivery vessel being loaded is under a pressure in excess of 18 inches of water (34 millimeters of mercury) gauge or the delivery vessel being unloaded is under a vacuum in excess of six inches of water (11 millimeters of mercury) gauge.

(m) Except as provided in (q) below, no person shall cause, suffer, allow, or permit the transport or transfer of gasoline in a delivery vessel having a maximum capacity of 2,000 gallons (7,570 liters) or greater unless such vessel is vapor-tight at all times while containing any VOC, except during:

1. Emergency conditions;

2. Gauging; or

3. Venting through a vapor control system approved by the Department.

(n) No person shall cause, suffer, allow, or permit the transfer of gasoline or any other substance into a gasoline vapor laden delivery vessel having a maximum capacity of 2,000 gallons (7,570 liters) or greater, unless:

1. The transfer operation is conducted at a gasoline loading facility equipped with a vapor control system that meets the requirement of (o) below, the vapor control system is properly connected to the delivery vessel, and the vapor control system is properly operated throughout the duration of the transfer operation; or

2. The delivery vessel is being used for the purpose of holding gasoline from a storage tank during a period in which the storage tank is undergoing repair or maintenance and the duration of this use is limited to less than one month.

(o) No person shall cause, suffer, allow, or permit the transfer or loading of gasoline or any other substance into any gasoline vapor laden delivery vessel except at a gasoline loading facility that is equipped and operating with a vapor control system in accordance with the following provisions:

1. At a facility where the daily loading rate does not exceed 15,000 gallons (56,775 liters) of gasoline per day, as determined in accordance with (o)3 below, the facility shall be equipped and operating with a vapor balance system or some other vapor control system of equal or higher efficiency. Such vapor balance system shall not have a vent that is open to the atmosphere during transfer and shall not return the vapors to a tank equipped with a floating roof;

2. At a facility where the daily loading rate exceeds, or may exceed, 15,000 gallons (56,775 liters) of gasoline per day, as determined in accordance with (o)3 below, the facility shall be equipped and operating with a vapor control system which:

i. Prevents applicable VOC emissions to the outdoor atmosphere from exceeding the maximum allowable emissions as determined from Table 3B below; or

ii. Reduces the total applicable VOC emissions to the outdoor atmosphere by no less than 90 percent by weight; and

3. For the purposes of (o)1 and 2 above, a gasoline loading facility's daily loading rate shall be its average daily rate during the month in which the facility had its highest monthly throughput in the last 12 months of operation.

TABLE 3B
EMISSION STANDARDS FOR GASOLINE LOADING FACILITIES LOADING MORE THAN
15,000 GALLONS (56,775 LITERS) PER DAY
Concentration of Applicable VOC in Gas Displaced		Maximum Allowable Emissions per Volume Unit Loaded
from Delivery Vessel, Volume Percent
Greater Than	But Not	Pounds per Ten	Milligrams per
Greater Than	Thousand Gallons	Liter
50	--	6.7	80
40	50	5.8	70
30	40	5.0	60
20	30	4.2	50
15	20	3.8	45
0	15	3.3	40

(p) Except as provided in (q) below, no person shall cause, suffer, allow, or permit any transfer of gasoline, subject to the provisions of (d), (f), (n), or (o) above, if:

1. The delivery vessel being loaded or unloaded, or the vapor control system or other equipment serving the transfer operation, has:

i. A vapor leak which results in a concentration of applicable VOC greater than or equal to 100 percent of the lower explosive limit of propane, when measured at a distance of 1.0 inch (2.54 centimeters) or less from the location of the leak; or

ii. A liquid leak;

2. Any component of the delivery vessel designed for preventing the release of gasoline vapors is not installed and operating as designed; or

3. Commencing or continuing the transfer would result in a liquid gasoline spill.

(q) A delivery vessel subject to the provisions of (k) above that is found to be in violation of (m) or (p) above shall be:

1. Repaired and a new certification, in accordance with (k)3 and 4 above, shall be affixed to the delivery vessel within 15 days; or

2. Removed from service until (m) and (p) above are met in full.

(r) No person shall cause, suffer, allow, or permit the transfer of gasoline at a gasoline loading facility, into or from a delivery vessel, or at a gasoline dispensing facility that is required to have a vapor control system pursuant to (d), (f)1, (n), or (o) above unless:

1. The vapor control system is designed to meet the applicable requirements in (d), (f), (n), or (o) above;

2. All hoses, piping, connections, fittings and manholes serving the vapor control system are vapor-tight and free of liquid leaks, except when gauging or sampling is being performed.

3. The vapor control system, including any component thereof, is maintained in proper operating condition and kept free of defects that could impair the effectiveness of the system;

4. The vapor control system is constructed out of materials that will not become degraded when exposed to any grade of gasoline which may be stored, transferred, and/or dispensed; and

5. The vapor control system is operated properly whenever gasoline is stored, transferred, and/or dispensed.

(s) (Reserved)

(t) The owner or operator of a gasoline dispensing facility shall maintain the following records at the facility:

1. A record of the monthly throughput of gasoline;

2. If the facility is required to test a vapor control system pursuant to (j) above:

i. Documentation of the performance of each test required pursuant to (j) above, including the date, the name of the testing company, and the test method used; and

ii. A record of the results of each test performed pursuant to (j) above.

(u) The owner or operator of a gasoline loading facility with a vapor control system pursuant to (o) above shall maintain the following records at the facility:

1. On a daily basis, record the total quantity, in gallons or liters, loaded into delivery vessels at the facility;

2. On a continuous basis or at a frequency approved by the Department in writing:

i. For any thermal oxidizer used to control the emission of applicable VOCs, record the operating temperature at the exit of the combustion chamber and the carbon monoxide concentration in the flue gas emitted to the outdoor atmosphere; or

ii. For a vapor control system using carbon or other adsorptive material, record the concentration of the total applicable VOCs in the flue gas emitted to the outdoor atmosphere; or, provided that the owner or operator confirms daily that the automatic switching between carbon beds is functioning in accordance with permit conditions, record the date of carbon bed replacement; and

3. Upon the request of the Department and at the frequency specified by the Department, record any other operating parameter relevant to the prevention or control of air contaminant emissions from the facility.

N.J. Admin. Code § 7:27-16.3

Amended by 49 N.J.R. 3590(a), effective 11/20/2017

Administrative Change, 50 N.J.R. 898(a).