N.Y. Comp. Codes R. & Regs. tit. 6 § 230.3

Current through Register Vol. 46, No. 45, November 2, 2024

Section 230.3 - Gasoline dispensing sites - prohibitions and requirements

(a) Submerged filling. All gasoline storage tanks must be equipped with a metallic fill pipe designed and installed to minimize vapor emissions and the generation of static electricity by terminating the pipe within 6 inches of the bottom of the tank.

(b) Minimizing vapor releases. Owners and/or operators of any gasoline dispensing site must follow best management practices to minimize vapor releases to the atmosphere. Measures to minimize vapor releases include, but are not limited to, the following:

(1) minimizing gasoline spills;

(2) cleaning up spills as expeditiously as practicable;

(3) covering all open gasoline containers and all gasoline storage tank fill-pipes with a gasketed seal when not in use; and

(4) minimizing the amount of gasoline sent to open waste collection systems that collect and transport gasoline to reclamation and recycling devices, such as oil/water separators.

(c) Stage I vapor recovery systems. The installation and operation of Stage I vapor recovery systems are required for the transfer of gasoline into gasoline storage tanks, based upon the site location and/or the annual gasoline throughput of a gasoline dispensing site. Exempt sources are not required to meet the provisions of paragraphs (2), (3), (4), (5), (6) and (7) of this subdivision.

(1) Exempt sources. The installation and operation of Stage I vapor recovery systems is not required for the transfer of gasoline into the following storage tanks:

(i) gasoline storage tanks with a capacity less than 550 gallons and which are used exclusively for farm tractors engaging in agricultural or snowplowing activities and

(ii) gasoline storage tanks used to store gasoline drained from vehicles at a vehicle dismantling facility.

(2) Minimum requirements. Owners and/or operators of any Stage I vapor recovery system must replace, repair or modify any worn or ineffective components or design elements to ensure the vapor-tight integrity and efficiency of the vapor collection and control system.

(3) Gasoline dispensing sites located in the New York City or Lower Orange County metropolitan areas with an annual throughput less than 120,000 gallons.

(i) No person may transfer or allow the transfer of gasoline into any gasoline storage tank, installed or reconstructed after January 1, 1979, located in the New York City metropolitan area without a Stage I vapor recovery system that meets the requirements of paragraph (2) of this subdivision.

(ii) No person may transfer or allow the transfer of gasoline into any gasoline storage tank, installed or reconstructed after October 15, 1994, located in the Lower Orange County metropolitan area without a Stage I vapor recovery system that meets the requirements of paragraph (2) of this subdivision.

(4) Gasoline dispensing sites located in the New York City metropolitan areas with an annual throughput of 120,000 gallons or more.

(i) Gasoline dispensing sites with an annual throughput greater than or equal to 120,000 gallons but less than 800,000 gallons. No person may transfer or allow the transfer of gasoline into a gasoline storage tank without a Stage I vapor recovery system that meets the requirements of paragraph (2) of this subdivision.

(ii) Gasoline dispensing sites with an annual throughput greater than or equal to 800,000 gallons. Six months after the effective date of this regulation, no person may transfer or allow the transfer of gasoline into a gasoline storage tank without a Stage I vapor recovery system that meets the requirements of paragraphs (6)(i), (6)(ii), 6(iii), and 6(iv) of this subdivision.

(5) Gasoline dispensing sites located outside the New York City metropolitan areas with an annual throughput greater than or equal to 120,000 gallons but less than 1,200,000 gallons. No person may transfer or allow the transfer of gasoline into a gasoline storage tank without a Stage I vapor recovery system that meets the requirements of paragraph (2) of this subdivision.

(6) Gasoline dispensing sites located outside the New York City metropolitan areas with an annual throughput of 1,200,000 gallons or more.

(i) No person may transfer or allow the transfer of gasoline into a gasoline storage tank without a Stage I vapor recovery system that meets the following requirements:

('a') vapor connections and lines must be equipped with closures that seal upon disconnect;

('b') the vapor line from the gasoline storage tank to the gasoline cargo tank must be vapor-tight;

('c') the pressure in the tank truck must not exceed 18 inches of water pressure or 5.9 inches of water vacuum during transfer of gasoline from the truck into the gasoline storage tank;

('d') the vapor recovery and product adapters, and the method of connection with the delivery elbow, must be designed to prevent the over-tightening or loosening of fittings during normal delivery operations;

('e') gauge wells must have a submerged drop tube that extends the same distance from the bottom of the gasoline storage tank as required by subdivision 230.3(a) of this Part;

('f') liquid fill connections for all gasoline storage tanks must be equipped with vapor-tight caps;

('g') pressure/vacuum (P/V) vent valves must be installed and maintained on the gasoline storage tank vent pipes in accordance with the following specifications:

('1') a positive pressure setting of 2.5 to 6.0 inches of water;

('2') a negative pressure setting of 6.0 to 10.0 inches of water; and

('3') the total leak rate of all P/V vent valves at a gasoline dispensing site, including connections, may not exceed 0.17 cubic foot per hour at a pressure of 2.0 inches of water and 0.63 cubic foot per hour at a vacuum of 4.0 inches of water; and

('h') Stage I vapor recovery systems must be capable of meeting the static pressure performance requirements of the following equation:

Pf = 2e^-500.887/v

Where:

Pf = minimum allowable final pressure, inches of water

v = total ullage affected by the test, gallons

e = dimensionless constant equal to approximately 2.718

2 = the initial pressure, inches water

(ii) Any gasoline storage tank installed or reconstructed after November 9, 2006 must be equipped with a dual-point vapor recovery system as defined in section 230.2(b)(3) of this Part.

(iii) Upon installation of a Stage I vapor recovery system and every 3 years thereafter, an owner and/or operator must:

('a') demonstrate compliance with the CARB Vapor Recovery Test Procedure TP-201.1E - Leak Rate and Cracking Pressure of Pressure/Vacuum Vent Valves (see Table 1, Section 200.9 of this Title); and

('b') demonstrate compliance with the CARB Vapor Recovery Test Procedure TP-201.3 - Determination of 2 Inch WC Static Pressure Performance of Vapor Recovery Systems of Dispensing Facilities (see Table 1, Section 200.9 of this Title).

(iv) the CARB vapor recovery tests required in subparagraph 230.3(c)(6)(iii) must be performed by a testing company that satisfies the certification requirements outlined in section 230.5 of this Part.

(7) A gasoline dispensing site that becomes subject to the regulatory requirements in paragraphs (3), (4), (5) or (6) of this subdivision due to an increase in monthly gasoline throughput, must comply with paragraphs (3), (4), (5) and (6) within 6 months of such increase.

(d) Stage II Decommissioning.

(1) An owner and/or operator of a gasoline dispensing site with a Stage II vapor recovery system shall decommission the system within 12 months of the effective date of this regulation in accordance with the following:

(i) drain and collect all accumulated liquids from all Stage II equipment;

(ii) if applicable, remove any liquid drop-out tank or condensate trap or remove any accumulated liquid and cap off any siphon line associated with the tank;

(iii) if the Stage II vapor recovery system includes a vacuum-assist vapor pump, either remove or disable the pump;

(iv) disconnect and cap off the Stage II vapor recovery line at the dispenser end with a vapor-tight cap or plug after purging the vapor recovery line with nitrogen to void accumulated liquid;

(v) if accessible without excavation, disconnect and cap off the Stage II vapor recovery line at the tank end with a vapor-tight cap or plug;

(vi) if excavation exposes the Stage II vapor recovery line after decommissioning, the vapor recovery line must be removed;

(vii) replace the Stage II vapor recovery system hanging hardware with conventional (non-Stage II) hanging hardware;

(viii) remove the Stage II vapor recovery system operating instructions from all dispensers;

(ix) conduct a passing CARB Vapor Recovery Test Procedure TP-201.3 -Determination of 2 Inch WC Static Pressure Performance of Vapor Recovery Systems of Dispensing Facilities (see Table 1, Section 200.9 of this Title); and

(x) within 30 days of completing the decommissioning of the Stage II vapor recovery system, provide documentation to the department of the procedures used to demonstrate that the Stage II vapor recovery system has been decommissioned accordingly. Documentation should include a completed copy of the Decommissioning Checklist found on the department's website and a copy of the leak testing report required by subparagraph 230.3(d)(1)(ix). Documentation in a format acceptable to the department shall be sent to the Division of Air Resources, New York State Department of Environmental Conservation at dar.web@dec.ny.gov.

(2) Prior to decommissioning, owners and/or operators of a gasoline dispensing site with a Stage II vapor recovery system shall:

(i) continue to operate the system with equipment on the department approved equipment list; and

(ii) operate the system as designed and ensure that all necessary components of the system are maintained.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 230.3

Adopted New York State Register January 27, 2021/Volume XLIII, Issue 04, eff. 2/11/2021