CHAPTER Env-Or
500 RECOVERY OF GASOLINE VAPORS
Statutory Authority: RSA 125-C:4, I(a); RSA
125-C:6, II &
XIV
REVISION NOTE #1:
Document
#5446, effective 8-17-92, adopted a new rule numbered as Part Env-A 1205. The existing rules Env-A 1205, 1206, 1207,
1208, and 1209 were renumbered by Document #5446 as, respectively, Env-A 1206,
1207, 1208, 1209, and 1210. The texts of these 5 rules re- numbered as
Env-A 1206 through Env-A 1210 were not part of Document #5446, and the
effective dates of these 5 rules were therefore not changed by Document
#5446. Thus Document #5446 did not
supersede prior filings for the 5 rules re-numbered as Env-A 1206 through Env-A
1210.
Subsequent filings affecting Env-A 1205 were:
#6188, effective
2-22-96, EXPIRED 2-22-04
#8048, INTERIM,
effective 2-25-04
#8141, effective
8-21-04
Document #8141, effective 8-21-04, readopted with
amendments and renumbered Env-A 1205 as Env-Wm 1404. Document #8141 superseded all prior filings
for Env-A 1205.
REVISION
NOTE #2:
Document #10229, effective 11-16-12, readopted with
amendments and redesignated former Part Env-Wm 1404 entitled Volatile Organic
Compounds (VOCs): Gasoline Dispensing
Facilities, Bulk Gasoline Plants, and Cargo Trucks as Chapter Env-Or 500
entitled Recovery of Gasoline Vapors pursuant to a rules reorganization plan
for Department rules approved by the Director of the Office of Legislative
Services on 9-7-05. Document #10029
supersedes all prior filings for Env-Wm 1404.
The prior filing for former Env-Wm
1404 after Document #8141, effective 8-21-04, was Document #10036, effective
11-29-11, which amended Env-Wm 1404.17.
The provisions in Env-Wm 1404 which had not been amended by Document
#10036 did not expire on 8-21-12 but were extended pursuant to RSA 541-A:14-a until
superseded by rules in Env-Or 500 filed under Document #10229, effective
11-16-12.
PART Env-Or 501 PURPOSE; APPLICABILITY
Env-Or 501.01 Purpose. The purpose
of this part is to regulate emissions of volatile organic compounds (VOCs) from gasoline
storage tanks, gasoline dispensing facilities, and cargo trucks in accordance with sections 182(b)(3) and 184 of the
Clean Air Act, as amended.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-22
Env-Or 501.02 Applicability. This chapter shall apply to gasoline storage
tanks, gasoline dispensing facilities, and cargo trucks as follows:
(a)
Env-Or 503 shall apply to all
gasoline storage tanks
having a capacity of 250
gallons or greater;
(b)
Env-Or 504, Env-Or 506, Env-Or 508, and all applicable reference
standards listed in Env-Or 509 shall
apply to any gasoline dispensing facility, including those at airports and marinas, that:
(1) Has any gasoline storage
tank with a capacity equal to
or greater than 1,100 gallons
of gasoline; or
(2) Has a total facility throughput
of equal to or greater than 10,000 gallons of gasoline per rolling 30-day
period;
(c)
Env-Or 505 shall apply to any gasoline dispensing facility that:
(1) Is subject to stage I requirements; and
(2) Met the criteria specified in Env-Or 505.01(a) as effective November 17, 2012 under OLS document #10229, reprinted in Appendix E; and
(d)
Env-Or 507, Env-Or 508, and all applicable reference standards listed in
Env-Or 509 shall apply to any cargo
truck that delivers gasoline to any gasoline dispensing facility that meets the
applicability criteria for stage I
as stated in (b), above.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-22
Env-Or 501.03 Cargo Trucks at Bulk
Facilities. The owner or operator of any cargo truck
that receives gasoline from a bulk
gasoline loading terminal as defined in Env-A 1202.22 or that delivers gasoline to
or receives gasoline from a bulk gasoline plant as defined in Env-A 1202.23
shall comply with the vapor recovery requirements in Env-A 1217.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-22
PART
Env-Or 502 DEFINITIONS
Env-Or 502.01 “2-point system” means a
type of stage I system that uses a vapor return connection
at the gasoline storage tank or at the manifold that is independent of the fill
connection, for which separate connections are made for the gasoline and vapor
recovery hoses. This is also known as
a “dual-point system.”
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-22
Env-Or
502.02 “Air
contaminant” means “air contaminant” as defined in RSA 125-C:2,
II, reprinted in Appendix C.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-22
Env-Or 502.03 “Assist system” means a type of stage
II system which uses a vacuum pump to assist
the transfer of displaced vapors from a motor vehicle fuel tank into a
gasoline storage tank at a gasoline dispensing
facility.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-22
Env-Or
502.04 “Balance system” means a type
of stage II system which relies on a tight seal between the nozzle and the vehicle fill port which causes the
displacement and transfer of vapors from a motor vehicle fuel tank into
a gasoline storage tank.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-22
Env-Or 502.05 “Cargo truck” means any
motor vehicle designed or used to transport or deliver gasoline. The term
includes “gasoline tank truck” as used in Env-A 1217 and “gasoline cargo tank”
as used in 40 CFR Part 63, Subpart CCCCCC.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-22
Env-Or 502.06 “Certified
vapor recovery system” means a vapor recovery system that is configured, certified, and operated as specified in the applicable reference standard
in Env-Or 509.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-22
Env-Or 502.07 “Coaxial system” means a
type of stage I system which consists of a tube within a tube, such that gasoline is delivered to the gasoline storage
tank through the inner tube and the vapors from the gasoline storage tank are returned via the interstice surrounding
the fill tube, with a single coupling servicing both the
gasoline and vapor recovery
hoses.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-22
Env-Or 502.08 “Emission” means
“emission” as defined in RSA 125-C:2, VIII, reprinted in Appendix
C.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-22
Env-Or 502.09 “Gasoline” means motor
fuel containing any petroleum distillate where the Reid vapor pressure
of the fuel is greater than 4.0
pounds per square inch (psi).
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-22
Env-Or
502.10 “Gasoline dispensing facility” means
any stationary facility that dispenses gasoline directly into the fuel tank of a motor vehicle, motorized water
vessel, or airplane. The term includes all equipment necessary for the purpose,
including but not limited to nozzles, dispensers, pumps, vapor return lines,
plumbing, and gasoline
storage tanks.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-22
Env-Or 502.11 “Gasoline storage tank” means any
tank used to store gasoline other than a tank that is used as part of the bulk operations at a
bulk gasoline loading terminal or bulk gasoline plant.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-22
Env-Or 502.12 “Leak free” means a system
where no gasoline is leaked while the system is pressurized.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-22
Env-Or 502.13 “Lower explosive limit (LEL)”
means the lowest concentration of a gas or vapor percentage by volume
in air that burns or explodes if an ignition source
is present at ambient temperature.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-22
Env-Or 502.14 “Manifold” means a device
used to interconnect gasoline storage tanks via a tank vent piping system at a gasoline
dispensing facility.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-22
Env-Or 502.15 “Monthly throughput” means
“monthly throughput” as defined in 40 CFR §63.11132, reprinted in Appendix C.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-22
Env-Or 502.16 “Motor vehicle” means an
on-road vehicle powered in whole or in part by an internal combustion engine.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-22
Env-Or 502.17 “Owner or operator” means “owner or
operator” as defined in 40 CFR §51.100, reprinted in Appendix C.
Source.
#13458, eff 10-7-22
Env-Or 502.18 “Poppetted dry break” means a
stage I coupling equipped with a poppet valve that prevents vapors in a gasoline
storage tank from escaping when a
vapor return hose is not connected.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-22
(formerly Env-Or 502.20)
Env-Or 502.19
“Pressure/Vacuum
(PV) vent cap” means a relief valve installed on a stage I system that is
designed to open at specific pressure and vacuum settings to protect the system
from excessive pressure
or vacuum.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-22
(formerly Env-Or 502.21)
Env-Or 502.20 “Reid vapor pressure” means the
absolute vapor pressure as determined by the
American Society for Testing
and Materials (ASTM), test method D323-08.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-22
(formerly Env-Or 502.22)
Env-Or 502.21 “Stage I” means the regulatory
system that requires the capture of vapors from bulk gasoline transfers.
Source.
(See Revision Note #1 and Revision Note
#2 at chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff
10-7-22 (formerly Env-Or 502.24)
Env-Or 502.22 “Stage I equipment” means all components and
connections in a stage I system including
but not limited to dry breaks, 2-point fill adaptors, coaxial fill adaptors, PV
vent caps, vent piping, manifold piping, and gasoline storage tanks on
which the stage I controls are located.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-22
(formerly Env-Or 502.26)
Env-Or 502.23 “Stage I system” means the stage
I equipment installed to recover gasoline vapors displaced from a gasoline storage tank during gasoline
delivery and feed the vapors
back into the cargo truck.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-22
(formerly Env-Or 502.25)
Env-Or
502.24 “Stage
II” means the regulatory system that requires the capture of vapors from gasoline
transfers from bulk storage to individual motor vehicles.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-22
(formerly Env-Or 502.27)
Env-Or
502.25 “Stage
II equipment” means all components and connections in a stage II system including but not limited to vapor return
piping, coaxial hoses through which the vapor flows, gasoline nozzles,
vapor pumps, and gasoline dispensers, as applicable.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-22
(formerly Env-Or 502.29)
Env-Or 502.26 “Stage II system” means the stage II
equipment installed at a gasoline dispensing
facility to recover gasoline vapors displaced from a motor vehicle fuel
tank during refueling of the motor vehicle and return the vapors
to the facility’s gasoline storage tank.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-22
(formerly Env-Or 502.28)
Env-Or
502.27 “Submerged fill tube” means a tube used
to load or deliver gasoline into a gasoline
storage tank where
the gasoline discharge is totally submerged
throughout the entire
gasoline delivery.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-22
(formerly Env-Or 502.30)
Env-Or
502.28 “Substantial modification” means any construction
or alteration of a stage
I system that is not normal upkeep or maintenance.
Source. 13458, eff 10-7-22
Env-Or 502.29 “Swivel adaptor” means a device mounted
on the fill riser pipe and vapor return riser of a gasoline storage tank that
prevents loosening or over-tightening of the adaptor by means of a swivel-type mechanism.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-22
(formerly Env-Or 502.31)
Env-Or 502.30 “Throughput” means the amount of gasoline
dispensed by a gasoline dispensing facility.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-22
(formerly Env-Or 502.33)
Env-Or 502.31 “Ullage”
means the empty volume of a gasoline storage tank system that contains liquid gasoline. For vapor recovery systems, ullage is expressed as
accumulated gallons of empty volume for all
of the gasoline storage tanks in
a certified vapor recovery
system.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-22
(formerly Env-Or 502.35)
Env-Or 502.32 “Vapor tight” means equipment or
a system where there is no loss of vapors, as
determined by ensuring that the concentration of vapors at a potential
leak source is not equal to or greater than
100 percent of the LEL when measured with a combustible gas detector,
calibrated with hexane or equivalent, at a
distance of one inch from the
source.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-22
(formerly Env-Or 502.36)
Env-Or
502.33 “Working days” means calendar days exclusive of
weekends and state holidays.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-23
(formerly Env-Or 502.37)
PART
Env-Or 503 REQUIREMENTS APPLICABLE TO
ALL GASOLINE STORAGE TANKS 250 GALLONS OR GREATER
Env-Or 503.01 Submerged
Fill Tube Requirements. The owner or operator of a gasoline
storage tank having a capacity equal to or greater
than 250 gallons shall:
(a) Equip the
tank with a submerged fill tube;
(b) Install the submerged fill tube so there is a
clearance of at least 4 inches but less than 6 inches between the bottom
of the tank and the point at
which gasoline can first exit the submerged
fill tube; and
(c) Use the
submerged fill tube whenever
fuel is being added to the tank.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-23
Env-Or 503.02 Gasoline Mishandling
Prohibited. No person shall deliberately,
recklessly, or negligently mishandle
gasoline being delivered to or unloaded from a gasoline storage tank having a
capacity equal to or greater than 250 gallons such that gasoline could
evaporate into the atmosphere. For
purposes of this section, mishandling
includes but is not limited to spilling, discarding onto the ground or into a
sewer or storm drain, or storing
in an open container.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-23
Env-Or 503.03 Throughput
Recordkeeping Required. The owner or operator of a gasoline
storage tank having a capacity
equal to or greater than 250 gallons shall:
(a) Record daily gasoline
throughput volume;
(b) Maintain the records required by (a), above, for not
less than 3 years;
and
(c) Make such records
available for inspection and copying upon written request by the department or the
U.S. Environmental Protection
Agency (EPA).
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-23
Env-Or
503.04 Required Throughput Reporting.
(a)
The owner or operator of a gasoline storage tank having a capacity equal
to or greater than 250 gallons at a
gasoline dispensing facility that has not been subject to stage I requirements
shall report throughput information
in writing to the department within 30 days of the facility’s throughput
equaling or exceeding 10,000
gallons per rolling 30-day period.
(b)
The written submittal required by (a),
above, may be submitted on paper,
via email, or via fax.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-23
PART
Env-Or 504 STAGE I REQUIREMENTS FOR
GASOLINE DISPENSING FACILITIES
Env-Or 504.01 Continuing Applicability of Stage I Requirements For Gasoline Dispensing Facilities.
(a) Any gasoline dispensing facility
that meets the applicability criteria specified in Env-Or 501.02(b) shall continue
to be subject to the stage I requirements even if a reduction in throughput
occurs that would otherwise exempt
the facility from these
requirements.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-23
Env-Or
504.02 Stage I Equipment Requirements.
(a)
The owner or operator of a gasoline dispensing facility that is subject to this part shall:
(1) Install and maintain a
stage I system that is a certified vapor recovery system;
(2) Equip each vent pipe on an underground or
aboveground gasoline storage tank with a PV vent cap, provided that
reconstructed or newly constructed vent pipes installed after the 2022 effective
date of this chapter shall be threaded and the caps approved by the California
Air Resources Board (CARB);
(3) Label each PV vent cap with the
cap’s rated pressure and vacuum relief setting;
(4) Position the label
specified in (3), above, so that it is visible from ground level;
(5) Install a submerged fill tube as specified in
Env-Or 503.01;
(6) For a 2-point
system, replace any failed fill adaptor with a swivel adaptor:
(7) For a new facility, install a 2-point system;
(8) For existing coaxial fills, for
any substantial modification to the tank top or replacement of the system, replace
with a 2-point system; and
(9) Install a fill adaptor
cap with a properly sealed gasket attached at all times, except when gasoline is
being delivered.
(b)
Unless otherwise specified in an applicable reference standard for the
installed certified vapor recovery
system, the owner or operator shall install PV vent caps on underground
gasoline storage tanks and on
aboveground gasoline storage tanks as follows:
(1) For pressure, 2.5 to 6.0
inches water column pressure; and
(2) For vacuum, 6.0 to 10.0 inches water column vacuum.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-23
Env-Or
504.03 Stage I System Operational Requirements.
(a)
The owner or operator of a gasoline dispensing facility that is subject to this part shall:
(1) Operate the stage I
system to recover at least 95% of all gasoline vapors at the facility or to be at least as efficient
as the manufacturer’s design efficiency, whichever is higher;
(2) Operate all stage I
equipment as specified by the manufacturer or the applicable reference standard
specified in Env-Or 509; and
(3) Use the installed
submerged fill tube to fill the
tank.
(b)
No person shall transfer or allow the transfer of gasoline into a
gasoline storage tank at a gasoline dispensing facility that is subject to this
part unless the tank is equipped with an operational stage I certified vapor recovery system.
(c)
No person shall
deliberately, recklessly, or negligently vent any gasoline vapors
captured by a stage I system to the atmosphere.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-23
Env-Or 504.04 Required Stage I System
Inspections and Maintenance. The
owner or operator of a gasoline dispensing facility that is subject to this part shall:
(a) Conduct monthly maintenance
inspections of all stage I equipment at the facility
as specified in RSA 146-C:19, II, reprinted in Appendix D, for monthly inspections;
(b) Conduct an annual maintenance inspection of all stage I equipment at the facility
as specified in Env-Or 504.05;
(c) Maintain stage I equipment as
specified by the manufacturer or the applicable reference standard specified in Env-Or
509; and
(d) Maintain all stage I equipment, except PV vent caps, to be leak free and vapor tight.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-23
Env-Or
504.05
Stage I System Annual
Maintenance Inspection.
(a)
Subject to (e), below, the owner or operator shall perform the annual
maintenance inspections required by
Env-Or 504.04(b):
(1) No later than
September 30 of each calendar year; and
(2) Subject to (b), below, no sooner
than 10 months after the prior
annual inspection.
(b)
If a stage I test is done in lieu of an annual inspection as provided in
(e), below, the owner or operator shall perform the next annual maintenance inspection no sooner
than 10 months
after the stage
I test.
(c)
The owner or operator shall document each annual maintenance inspection,
including all findings and repairs made, with written or electronic records kept in accordance with Env-Or 506.04.
(d)
During each annual maintenance inspection, the owner or operator
shall:
(1) Perform all inspections
and maintenance specified in RSA 146-C:19, II,
reprinted in Appendix D, for monthly
inspections;
(2) Replace or
permanently plug each drain valve
located in each spill bucket;
(3) Verify that
adaptor caps and dust covers
are not in contact
with overlying access covers; and
(4) Ensure that the submerged fill tube has the clearance
specified in Env-Or
503.01(b).
(e)
An annual maintenance
inspection shall not be required for any calendar year in which the stage I system successfully passes a stage I system
test performed as specified in Env-Or 504.06 through Env-Or 504.09 prior to the due date of the annual inspection as specified in (a), above.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-23
Env-Or 504.06
Stage I System Testing
Requirements.
(a)
The owner or operator of a
gasoline dispensing facility that is subject to this part shall perform stage I system
testing as specified in Env-Or 504.07 through
Env-Or 504.09 for all tanks:
(1) At least once every 3 years; and
(2) Within 30 days of:
a. Failing to perform 2 consecutive monthly maintenance
inspections in accordance with
RSA 146-C:19, II, reprinted
in Appendix D, in any given calendar year;
b. Failing to perform the annual maintenance inspection
as required by Env-Or 504.05(a); or
c. Discovering that the stage I system is not
functioning as specified in the applicable stage I
certification reference standard in Env-Or 509.
(b)
The owner or operator of each gasoline dispensing facility being tested
or retested shall notify the department in writing at least 7 working days
prior to performing the test of the planned test date, test time, and if applicable, the testing
consultant being used.
(c)
If the test is being performed pursuant to (a)(1) or (a)(2)c., above,
the owner or operator shall schedule
testing to be conducted on non-holiday weekdays between the hours of 8:00 a.m.
and 4:00 p.m., unless otherwise arranged
with the department in advance.
(d)
Within 30 days of the completion of each test performed, the owner or
operator of the gasoline dispensing facility being
tested shall submit
the test results to the department.
(e)
The owner or operator of a gasoline dispensing facility that does not
meet all of the criteria for a successful stage
I system test shall:
(1) Investigate the cause of the failure and determine if the system is
leaking within 7 days of the initial
test failure;
(2) Undertake repairs or other
modifications as necessary to address the reason(s) for the unsuccessful test in accordance with Env-Or 400;
(3) Retest
the stage I system after repairs to
confirm the effectiveness of the repairs, provided that if the modifications performed to
repair the facility have not altered a portion of the system that passed the original test, the retest may
be performed only on those portions of the stage I system that failed
the original test; and
(4) Submit a
written report to the department within 30 days of the initial test failure that describes the work performed, the repairs
made, and other actions taken in response to the test failure.
(f) If a passing stage
I system test is
not achieved within
24 hours of the initial failed
test:
(1) The individual conducting a
pressure decay test shall notify the owner or operator of a gasoline dispensing facility immediately of the failed
test; and
(2) The
owner or operator of a gasoline
dispensing facility shall report any failure of a pressure decay system to the department within
24 hours of receiving
notice of the failed test.
(g) The owner or operator of a gasoline dispensing facility with a
failed stage I system that is not repaired or
replaced shall temporarily close the UST system within 7 days of the
initial failure and permanently close the UST system within
30 days of the original failure in accordance with Env-Or 400.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-23
(formerly Env-Or 504.07)
Env-Or 504.07 Required Stage I
System Test Components. The owner or operator of a gasoline dispensing facility shall ensure that stage I
system test procedures consist of the following:
(a) A PV vent cap test for pressure and vacuum as specified in Env-Or 504.08;
(b)
A pressure decay test
as specified in Env-Or 504.09; and
(c)
A submerged fill tube measurement to ensure and document that the requirements of Env-Or 503.01(b) are met.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-23
(formerly Env-Or 504.08)
Env-Or 504.08 PV Vent Cap Test Procedures, Criteria, and Required Actions.
(a)
The PV vent cap test for pressure and vacuum required by Env-Or 504.07(a) shall
be conducted in accordance with California Air Resources Board (CARB) Vapor
Recovery Test Procedure (TP) 201.1E, Leak Rate and
Cracking Pressure of
Pressure/Vacuum Vent Valves, dated
October 8, 2003.
(b)
To pass the pressure and vacuum tests specified in (a), above, the:
(1) Pressure relief point shall occur between 2.5 to 6.0 inches
water column pressure;
(2) The vacuum
relief point shall occur between 6.0 to 10.0 inches water column pressure; and
(3) The total leak rate of all
PV vent caps at the facility
shall not exceed 0.17 cubic feet per
hour at a pressure of 2.0 inches water column and 0.63
cubic feet per hour at a vacuum of 4.0 inches
water column.
(c)
If the
PV vent cap fails either the pressure test or the vacuum test as specified in
(a) and (b), above, the owner or operator shall replace the PV vent cap with a
PV vent cap as specified in Env-Or 504.02(b) that passes the test requirements of (b), above.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-23
(formerly Env-Or 504.09)
Env-Or
504.09
Pressure Decay Test
Procedures, Criteria, and Required Actions.
(a)
The pressure decay test required
by Env-Or 504.07(b)
shall be performed:
(1) Following
the PV vent cap test specified in Env-Or 504.08; and
(2) In accordance with CARB TP-201.3,
as amended July 26, 2012, except that the test shall
be performed at 10 inches water
column pressure and include any couplers, adapters, reducers and/or non-mechanical fittings in the test.
(b)
To pass the pressure decay test, the minimum allowable final pressure
after the system has been pressurized
to 10 inches water column and held
for 5 minutes shall be as specified
in Table 500-1, below:
Table 500-1 Minimum
Allowable Pressure
|
Ullage (gallons)
|
Minimum
Allowable Pressure (inches water column)
|
Ullage (gallons)
|
Minimum
Allowable Pressure (inches water column)
|
|
500
|
3.70
|
5,000
|
9.30
|
|
600
|
4.50
|
6,000
|
9.38
|
|
700
|
5.20
|
7,000
|
9.46
|
|
800
|
5.80
|
8,000
|
9.52
|
|
900
|
6.20
|
9,000
|
9.56
|
|
1,000
|
6.50
|
10,000
|
9.60
|
|
1,250
|
7.05
|
11,000
|
9.62
|
|
1,500
|
7.50
|
12,000
|
9.64
|
|
1,750
|
7.90
|
13,000
|
9.66
|
|
2,000
|
8.20
|
14,000
|
9.68
|
|
2,250
|
8.35
|
15,000
|
9.70
|
|
2,500
|
8.50
|
16,000
|
9.71
|
|
2,750
|
8.60
|
17,000
|
9.71
|
|
3,000
|
8.70
|
18,000
|
9.72
|
|
3,250
|
8.80
|
19,000
|
9.73
|
|
3,500
|
8.90
|
20,000
|
9.73
|
|
3,750
|
9.00
|
21,000
|
9.74
|
|
4,000
|
9.10
|
22,000
|
9.75
|
|
4,250
|
9.15
|
23,000
|
9.75
|
|
4,500
|
9.20
|
24,000
|
9.76
|
|
4,750
|
9.25
|
25,000
|
9.77
|
(c)
If the stage I system does not pass the pressure decay test, the owner
or operator shall undertake such repairs
as are necessary and retest until the
stage I system passes the test.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-23
(formerly Env-Or 504.10)
Env-Or 504.10 Compliance Schedule
for Stage I Systems.
(a)
If the through put of a gasoline dispensing facility that had not
previously met the criteria of Env- Or
501.02(b) becomes equal to or greater than 10,000 gallons of gasoline per
rolling 30-day period, the owner or
operator shall comply with all applicable requirements of this chapter within
180 days after the date the facility becomes subject to this part.
(b)
The owner or operator of a gasoline dispensing facility that begins
operation after the effective date of this chapter and that meets the
criteria of Env-Or 501.02(b) shall comply with all applicable requirements of this chapter upon commencement of operation.
(c)
The owner or operator of a gasoline dispensing facility that already is
subject to stage I requirements and
that undergoes substantial modifications
to any tank or piping shall comply with all applicable requirements of this
chapter as to the complete stage I system, including all modified components, upon completion of the modifications.
(d)
If the monthly throughput of a gasoline dispensing facility is 100,000
gallons of gasoline per month or more as of the effective date of this chapter,
the owner or operator shall comply with Env-Or 504.06(a)(1) within 180 days of the 2022
effective date of this chapter.
(e)
If the monthly throughput of a gasoline dispensing facility increases to
100,000 gallons of gasoline per month
or more subsequent to the 2022 effective date of this chapter, then:
(1) The owner or operator shall comply with
Env-Or 504.06(a)(1)
within 180 days of the throughput becoming equal to or greater
than 100,000 gallons
of gasoline per month; and
(2) The facility shall continue to be subject to
Env-Or 504.06(a)(1)
even if a reduction in throughput occurs to below
the specified threshold.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-23
(formerly Env-Or 504.11)
PART Env-Or 505
STAGE II REQUIREMENTS FOR GASOLINE DISPENSING FACILITIES
Env-Or 505.01 Applicability
of Stage II Operation and Decommissioning Requirements. The requirements of this part shall apply to
those facilities that were subject to the Stage II requirements previously in effect, as specified in
Env-Or 505.01 and Env-Or 505.02 as effective November 17, 2012 under OLS document #10229, reprinted in
Appendix E, which were required to decommission all Stage II equipment
on or before December 22, 2015 pursuant to Env-Or 505.03 as effective November
17, 2012 under OLS document #10229, also reprinted in Appendix
E.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-23
Env-Or
505.02 Decommissioning Stage II Systems.
(a)
Subject
to (d), below, any owner
or operator of a gasoline dispensing facility equipped with stage II equipment that has not decommissioned the
stage II equipment as of the 2022 effective date of this section shall do so in accordance with this section.
(b)
To comply
with (a), above,
the owner or operator
shall do the following in the
order listed:
(1) Submit a completed notification form as
described in Env-Or 506.02 to notify the department of the intent to decommission the stage
II equipment;
(2) Conduct a pressure
decay test on the stage II vapor return
piping as specified
in Env-Or 504.06 and
Env-Or 504.09 within
30 days prior to the scheduled decommissioning of the
stage II equipment;
(3) Decommission the stage II system in
accordance with all of the steps listed in the Petroleum Equipment Institute Recommended Practices for
Installation and Testing of Vapor-Recovery Systems
at Vehicle-Fueling Sites, PEI RP 300-09, Section 14, Decommissioning Stage II
Vapor Recovery Piping,
2019 edition; and
(4) If the stage II vapor return piping did not pass
the pressure decay test even after retesting
within 30 days of the failed test, permanently close the stage II vapor
return piping as specified in Env-Or
408.06 through
Env-Or 408.10.
(c)
Any
owner or operator who decommissions stage II vapor recovery equipment shall
continue to comply with the pressure
decay and PV vent cap pressure and vacuum testing requirements of Env-Or 504.06 through Env-Or 504.10 for
all equipment that remains in place, including any stage II vapor return piping
that remains connected at the tank.
(d) The requirement to decommission a stage II
vapor recovery system shall not apply to political subdivisions. If a political
subdivision that owns a stage II system chooses to decommission the equipment, such decommissioning shall comply
with (b), above.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-23
(formerly Env-Or 504.03)
PART Env-Or 506 NOTIFICATION AND
RECORDKEEPING FOR GASOLINE DISPENSING FACILITIES
Env-Or 506.01 Required Throughput Reporting.
(a)
The
owner or operator of a gasoline dispensing facility that is subject to Env-Or
504 shall report throughput
information in writing to the department within 30 days of the throughput
equaling or exceeding 100,000 gallons per rolling
30-day period.
(b)
The written submittal required by (a),
above, may be submitted on paper,
via email, or via fax.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-23
Env-Or 506.02 Notification Requirements.
(a)
The owner or operator of a gasoline dispensing facility that is subject
to stage I requirements shall submit
the
information specified in Env-Or 506.03 to the department as follows:
(1) At least 30 days prior to any construction, installation,
or substantial modification that affects a stage I system;
(2) Prior to decommissioning a stage II system as
specified in Env-Or 505.02(b)(1);
(3) At least 10 days prior to a change in use of a
storage tank from gasoline to non-gasoline or non-gasoline to gasoline; and
(4) Within 10 days after a change of any of the
items specified in Env-Or 506.03.
(b)
If ownership of a gasoline dispensing facility that is subject to stage
I requirements transferred, the new owner shall submit the information specified in Env-Or
506.03 to the department
within 10 days of the transfer.
(c)
The owner or operator shall sign and date the document on which the information issue is submitted
(d)
The signature of the owner or operator
shall constitute:
(1) Certification that the information being submitted is
true and correct to the best of the individual’s
knowledge and belief; and
(2) Acknowledgement that the individual is
subject to the penalties specified in RSA 641 for falsification
in official matters.
(e)
The department shall,
within 30 days of
receipt of the information, inform
the individual who submitted
the information of any deficiencies in the notification.
(f) If the department is not able to determine
the effectiveness or design of the equipment or system being constructed,
installed, or substantially modified,
the department shall request additional information in order
to make such determination.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-23
Env-Or 506.03 Vapor Recovery
Notification Required
Information. The information required to be submitted
by Env-Or 506.02 shall be as follows:
(a)
The name, physical address, mailing address, main telephone number including area
code, main fax number including
area code, and site number
of the gasoline distribution facility;
(b)
The name, mailing address, daytime telephone number including area
code, fax number including area code,
and email address of each owner of the gasoline distribution facility;
(c)
The name, mailing address, daytime telephone number including area
code, fax number including area code, and email address of the individual
who is responsible for the stage I system at the gasoline distribution facility;
(d)
A description of all stage I equipment at the gasoline distribution
facility, including but not limited to the 2-point or coaxial stage I system and,
if there is a 2-point system, a statement as to whether the dry break adaptor is located on the manifold or on the tank;
(e)
The number of gasoline storage tanks at the gasoline distribution
facility and for each tank, the size of the tank and
the grade of gasoline contained in the tank;
(f)
The date when construction, installation, or substantial modification of any
stage I equipment at the gasoline distribution facility
occurred.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-23
Env-Or 506.04 Recordkeeping Requirements for
Gasoline Dispensing Facilities. The owner or operator of a
gasoline dispensing facility that is subject to this chapter
shall:
(a)
Maintain the following records such that they are available during a
department or EPA inspection:
(1) The
records
of each monthly maintenance inspection conducted over the prior 3 years as required
by RSA 146-C:19, II, as applicable;
(2) The records of each annual maintenance
inspection conducted over the prior 3 years as
required by Env-Or 504.05;
(3) A description
of all repair work completed as a
result of any of the inspections included in
(1) or (2), above; and
(4) All other information regarding equipment
failures, repairs, and maintenance over the prior 3 years that is not included
in (3); above;
(b)
Provide the following records upon request of the department or EPA:
(1) All records of installation of stage
I equipment;
(2) Bulk liquid receipts; and
(3) A copy of each notification submitted pursuant to Env-Or
506.03 for the facility; and
(c) Retain the records identified in (a) and (b),
above, as specified Table 500-2, below:
Table 500-2: Required Record Retention Periods
|
Record Required by Env-Or 506.04
|
Description of Record
|
Required Retention Period
|
|
(b)(2)
|
Bulk liquid
receipts
|
Until such time as the equipment is no
longer on-site and a site investigation
has determined that the equipment
did not cause or contribute to a discharge of gasoline.
|
|
(a)(1)
|
A
record of each monthly maintenance inspection
as specified in RSA 146-C:19, II
|
3
years from date of receipt or completion,
as applicable, provided that if the
owner or operator has been notified
of a pending inquiry into the integrity
of the gasoline storage tank(s) at
the facility, then until such time
as the stage I equipment, as applicable, is no longer on-site and a site investigation
has determined that the equipment did not cause or
contribute to a discharge of gasoline.
|
|
(a)(2)
|
A
record of each annual maintenance inspection
as specified in Env-Or 504.05
|
|
(a)(3)
|
A
description of all repair work completed
as a result of any of the inspections included in (a)(1) or (a)(2)
|
|
(a)(4)
|
All
other information that is relevant to equipment
failures, repairs, and maintenance
that is not included in (a)(3)
|
|
(b)(1)
|
All
records of installation of stage I equipment
|
|
(b)(3)
|
A
copy of each notification submitted
pursuant to Env-Or 506.03 for the facility
|
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-23
PART Env-Or
507 STAGE I REQUIREMENTS FOR CARGO TRUCKS
Env-Or
507.01 Required Equipment for Cargo Trucks.
(a)
The owner or operator of a cargo truck that meets the criteria specified
in Env-Or 501.02(d) shall install
and maintain a stage I system to serve the cargo
truck that is a certified vapor recovery system.
(b)
All hoses and stage I equipment on the cargo
truck shall be specifically manufactured for use in transferring gasoline
or otherwise certified by the manufacturer as compatible
with gasoline.
(c)
The cargo truck shall be connected during gasoline delivery to a gasoline
storage tank using:
(1) For a coaxial
system, a separate coaxial coupling with one vapor return hose used for every fill hose in service;
(2) For a 2-point
system where the tanks are connected with a manifold, a minimum of one vapor return
hose used for every 2
fill hoses in service; and
(3) For a 2-point system where the tanks are not
connected with a manifold, a separate vapor
recovery connection at each
tank being filled.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-23
Env-Or 507.02 Maintenance
Requirements for Cargo Trucks. The owner or operator of a cargo truck that is subject to this part shall
maintain stage I equipment as specified by the manufacturer and so as to be leak-free
and vapor tight.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-23
Env-Or
507.03 Operational Requirements for Cargo
Trucks.
(a)
The owner or operator of a cargo truck that is subject to this part
shall operate the stage I system to recover
at least 95% of all gasoline vapors released from the gasoline tank to which
the fuel is being delivered during unloading
operations at the facility or to be at least as efficient as the manufacturer’s
design efficiency, whichever is
higher. This standard shall apply to
each cargo truck during each applicable gasoline delivery.
(b)
During loading of gasoline at a bulk gasoline loading terminal and
during loading or unloading of gasoline
at a bulk gasoline plant, the owner or operator of the cargo truck shall verify
that the cargo truck has a back pressure that does
not exceed:
(1) A pressure setting
of 18.0 inches water
column pressure; and
(2) A vacuum setting
of 5.9 inches water column
vacuum.
(c)
During unloading of gasoline at a gasoline dispensing facility, the
owner or operator of the cargo truck
shall verify that the cargo truck has a back pressure that does not exceed a
vacuum setting of 5.9 inches water column vacuum.
(d)
If a cargo truck does not meet the requirements specified in (b) or (c),
above, as applicable, the owner or operator
of the cargo truck shall repair and retest the truck within 15 days.
(e)
The owner or operator of a cargo truck shall securely fasten all hatches
on the truck except when access is needed to take a measurement of gasoline level or
perform maintenance activities.
(f)
No person shall unload gasoline from any cargo truck to any gasoline
storage tank at any gasoline dispensing
facility that is subject to Env-Or 504 unless the owner or operator of the
facility has installed and is maintaining as operational a certified stage I
vapor recovery system.
(g)
No person shall deliberately, recklessly, or negligently vent any vapors
captured by the stage I system serving a cargo truck to the
atmosphere.
(h)
No person shall deliberately, recklessly, or negligently mishandle
gasoline being loaded to or unloaded
from a cargo truck such that the gasoline could evaporate into the atmosphere. For purposes of this section, mishandling includes but is not
limited to spilling, discarding into a sewer or storm drain, or storing in an open container.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-23
Env-Or
507.04 Testing Requirements for Cargo
Trucks. The owner or operator of a cargo truck
that is subject to this part shall:
(a) Conduct an
annual certification test in accordance with 40 CFR §63.425(e); and
(b) If the cargo truck does not meet the
applicable parameters specified in 40 CFR §63.425(e), undertake such repairs as are necessary and retest.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-23
Env-Or 507.05 Monitoring for Cargo Trucks. The
department shall inspect a cargo truck to determine whether the truck is leak
tight and vapor tight either:
(a)
Upon receipt of information that supports a reasonable conclusion that the truck might not be leak tight and vapor tight,
including visual and olfactory information; or
(b)
Pursuant to a routine inspection.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-23
Env-Or
507.06 Treatment of Vapor Requirements for
Cargo Trucks. The owner or operator of a cargo truck that is subject to this part shall
dispose of the vapors at a bulk terminal equipped with a certified stage I
vapor recovery system, using the vapor collection system and vapor destruction
methods described in Env-A 1217.06(c).
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-23
Env-Or 507.07 Recordkeeping Requirements for Cargo Trucks.
(a)
The owner or operator of a cargo truck that is subject to this part
shall maintain in the cargo truck at all
times the following:
(1) Documentation that the cargo truck has met the requirements of Env-Or 507.04;
(2) Test results for both the pressure and vacuum tests required
by Env-Or 507.04; and
(3) Proof of compliance and
the date of all tests conducted in accordance with the stage I testing requirements for cargo trucks as stated in this part, which shall be
displayed on the cargo truck.
(b)
The driver of a cargo truck that is subject to this part shall provide
the documents listed in (a), above, upon request of the department or EPA for inspection and copying.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-23
PART Env-Or
508 WAIVERS
Env-Or 508.01 Applicability. An owner or operator who
wishes to obtain a waiver from any requirement established by a rule in this chapter
shall request the waiver as specified in Env-Or 508.02.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-23
Env-Or 508.02 Waiver Requests.
(a)
Each request for a waiver shall be filed in writing by the owner or
operator who is seeking the waiver.
(b)
The person requesting the waiver shall provide the following information to the department:
(1) The name, mailing address, and daytime telephone
number including
area code of the requestor and, if available, a fax number including area code
and e-mail address of the requestor;
(2) As applicable, the name, physical address, and site number of the facility to which the waiver
request relates, or the registration number of the cargo truck
to which the waiver would apply;
(3) The specific rule section or paragraph that established the requirement for which a waiver
is being requested;
(4) A full
explanation of why a waiver
is being requested, including an explanation of the operational and
economic
consequences of complying
with the rule as written;
(5) Whether the need for the waiver is temporary, and if
so, the estimated length of time that the waiver
will be needed;
(6) If applicable,
a full explanation of the alternative that is proposed to be substituted for
the requirement established in the rule, including
written documentation or data, or both, to support the alternative; and
(7) A full
explanation of why the requestor believes
that having the waiver granted will meet the criteria in Env-Or 508.03.
(c)
The requestor shall sign and date the request.
(d)
The signature shall constitute certification that:
(1) The information provided is true, complete, and
not misleading to the knowledge and belief of the signer; and
(2) The signer understands that:
a.
A waiver granted based on false,
incomplete, or misleading information shall be subject to revocation; and
b. The signer is subject
to penalties for falsification in official matters,
currently in RSA 641.
(e)
The department shall
transmit a copy of each waiver request
filed in compliance with (a) through
(c), above, to EPA within 5
working days of its receipt.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-23
Env-Or 508.03 Waiver Criteria.
(a)
Subject to (b) and (c), below, the department
shall grant a waiver if:
(1) Granting a waiver will not result in an
adverse impact on the environment, public health, or public safety that is
more significant than that which would result from complying
with the rule; and
(2) One or more of the following conditions is satisfied:
a. Granting a waiver is consistent with the intent
and purpose of the rule being waived; or
b. Any benefit to “public health or safety
or to the environment” arising from strict compliance with the rule is outweighed by the operational and economic consequences of such
compliance.
(b)
No waiver shall be granted if the effect of the waiver would be to waive
or modify any state statute, unless a waiver is expressly allowed
by the statute that would be waived.
(c)
No waiver shall be granted if the effect
of the waiver would be to waive or
modify any federal
requirement, unless:
(1) The
federal statute or regulation that establishes the requirement allows for waivers;
and
(2) EPA does not object to the waiver being granted.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-23
Env-Or
508.04 Decision on Waiver Requests; Conditions.
(a)
The department shall notify the requestor of the decision in writing
within 60 days of receipt of a request that meets the requirements
of Env-Or 508.02.
(b) If the request is denied, the department shall identify the specific reason(s) for the denial.
(c)
The department shall include such conditions in a waiver as are
necessary to ensure that the criteria of Env-Or 508.03 will be met.
(d) If the need for a waiver is temporary, the waiver shall specify the date
on which it will
expire.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-23
PART Env-Or 509 REFERENCE STANDARDS
nv-Or 509.01 Reference
Standards. A vapor recovery system for an underground or aboveground gasoline storage tank or cargo truck shall
be designed, installed, tested, and certified for use in accordance with one
or more of the applicable
reference standards listed below:
(a) PEI/RP 300-09, “Recommended Practices
for Installation and Testing of Vapor Recovery Systems at Vehicle Fueling Sites”, Petroleum Equipment
Institute, 2019 edition; and
(b) The CARB executive orders, approval
letters, and test methods set forth in Table 500-3, below:
Table 500-3: CARB Reference
Standards
|
CARB ID
|
Description
|
Date
|
|
G – 70
- 20
|
Modification
of the Certification of the Texaco Stage I Vapor Recovery System
for Underground Storage Tanks
at Gasoline Service Stations
|
08/21/78
|
|
G – 70
– 34 – A
|
Modification
of the Certification of the Parker Hannifin F428 Vapor Recovery Adaptor for
Military Delivery Tanks
to Include the Parker
Hannifin F428A
|
08/13/79
|
|
G – 70
– 50
|
Certification
of the Vapor Recovery Kit for M857, M967, M969, and M970 Military
Delivery Tanks
|
12/05/79
|
|
G – 70
– 97 – A
|
Stage
I Vapor Recovery Systems for Underground Gasoline Tanks at Service Stations
|
12/09/85
|
|
G – 70
– 102 – A
|
Certification
of a Phase I Vapor Recovery System for Aboveground Storage Tanks with
less than 40,000 Gallons Capacity for
Gasoline or
Gasoline/Methanol Blended
Fuels
|
05/25/93
|
|
G – 70 – 106
|
Adoption
of “Test Procedure Gasoline Cargo Tanks” as an Equivalent Method
for the Year-round Performance Standards for
Gasoline Cargo
Tanks
|
01/27/86
|
|
G – 70 – 116 – F
|
ConVault Aboveground Tank Vapor Recovery System
|
11/30/95
|
|
G – 70 – 128
|
Bryant Fuel Cell Aboveground Tank Vapor
Recovery System
|
08/27/90
|
|
G – 70 – 130 – A
|
Petrovault Aboveground Tank Vapor Recovery System
|
02/26/93
|
|
G – 70 – 131 – A
|
Tank Vault
Aboveground Tank Vapor Recovery System
|
03/17/92
|
|
G – 70 – 132 – A
|
Supervault Aboveground Tank Vapor Recovery System
|
10/16/90
|
|
G – 70
– 132 – B
|
Supervault Aboveground Tank Vapor Recovery System
|
05/16/95
|
|
G – 70
– 136
|
FireSafe Aboveground Tank Vapor Recovery System
|
04/15/91
|
|
G – 70 – 137
|
FuelSafe Aboveground Tank Vapor Recovery System
|
10/4/91
|
|
G – 70 – 148 – A
|
Lube Cube
Aboveground Tank Vapor Recovery System
|
05/04/95
|
|
G – 70 – 152
|
Moiser
Brothers Tanks and Manufacturing Aboveground Tank Vapor Recovery System
|
10/31/93
|
|
G – 70 – 155
|
Petroleum Marketing Aboveground Tank Vapor
Recovery System
|
03/12/94
|
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Or 500) #10229, eff 11-17-12; ss by #13458, eff 10-7-23
APPENDIX A:
STATE AND FEDERAL
STATUTES IMPLEMENTED
|
Rule Section(s)
|
State Statute(s) Implemented
|
Federal Statutes Implemented
|
|
Env-Or
501
|
RSA 125-C:4,
I(a)
|
42 U.S.C. 7511a(b)(3); 42 U.S.C. 7511c(b)(2)
|
|
Env-Or
502
|
RSA 125-C:4,
I(a)
|
42 U.S.C. 7511a(b)(3); 42 U.S.C. 7511c(b)(2)
|
|
Env-Or
503
|
RSA 125-C:6, XIV
|
42 U.S.C. 7511a(b)(3); 42 U.S.C. 7511c(b)(2)
|
|
Env-Or
504
|
RSA 125-C:6, XIV
|
42 U.S.C. 7511a(b)(3); 42 U.S.C. 7511c(b)(2)
|
|
Env-Or
505
|
RSA 125-C:6,
II & XIV; RSA 125-C:12, I
|
42 U.S.C. 7511a(b)(3); 42 U.S.C. 7511c(b)(2)
|
|
Env-Or
506
|
RSA 125-C:4, I(a); RSA 125-C:6, II &
XIV; RSA 125-C:12, I
|
42 U.S.C. 7511a(b)(3); 42 U.S.C. 7511c(b)(2)
|
|
Env-Or
507
|
RSA 125-C:6, XIV
|
42 U.S.C. 7511a(b)(3); 42 U.S.C. 7511c(b)(2)
|
|
Env-Or
508
|
RSA 125-C:4, I(m); RSA 541-A:22, IV
|
|
|
Env-Or
509
|
RSA 125-C:6, XIV
|
42 U.S.C. 7511a(b)(3); 42 U.S.C. 7511c(b)(2)
|
APPENDIX C: DEFINITIONS FROM STATE STATUTES AND FEDERAL RULES
RSA
125-C:2, II: “Air contaminant” means soot, cinders,
ashes, any dust, fume, gas, mist (other than water), odor, toxic or radioactive material, particulate matter, or any combination thereof.
RSA 125-C:2,
VIII: “Emission”
means a release
into the outdoor air of
air contaminants.
40 CFR §63.11132: “Monthly
throughput” means the total volume
of gasoline that is loaded into, or dispensed from, all gasoline storage tanks at each
GDF during a month. Monthly throughput is calculated by summing the volume of gasoline loaded into, or dispensed from, all gasoline
storage tanks at each GDF during the current day, plus the total volume of gasoline
loaded into, or dispensed from, all gasoline storage tanks at each GDF during
the previous 364 days, and then
dividing that sum by 12.
40 CFR §51.100: “Owner
or operator” means any person
who owns, leases,
operates, controls, or supervises a facility,
building, structure, or installation which directly or indirectly result or may
result in emissions of any air pollutant for which a national standard
is in effect.”
APPENDIX D: RSA 146-C:19
146-C:19 Additional Operator Requirements. –
I.
Written
operator response guidelines shall include spill reporting procedures, contact
phone numbers, malfunctioning equipment
lock-out/tag-out and notification procedures, and initial mitigation protocol
for emergencies.
II.
Monthly
visual inspections meeting the following minimum requirements shall be
conducted at all underground storage facilities:
(a)
Inspections shall be
conducted by or under the direction of the class A
or B operator.
(b)
The
results of each inspection shall be recorded in a monthly inspection report.
The records shall be maintained and made available
for department inspection and copying for a period of not less than 3 years.
(c)
The following items shall be inspected and shall be reported on the inspection report as no defect, defect,
and how any defect was resolved:
(1)
Inspect
all vent risers for visible damage and repair as necessary.
(2)
Inspect
each pressure/vacuum vent cap and if the
cap is missing or damaged,
replace the cap.
(3)
Inspect each spill bucket
for the presence
of oil, water, or debris;
remove and dispose
of any oil, water, or debris in accordance with all
applicable federal, state, and local requirements; and repair each spill bucket as necessary.
(4)
Inspect
each coaxial fill adaptor cap, 2-point fill adaptor cap, and dry break adaptor
cap for looseness, the presence
of a gasket, and tightness of fit, and tighten,
repair, or replace as necessary.
(5)
Inspect
each coaxial fill adaptor, 2-point fill adaptor, and dry break adaptor for
tightness of fit, and tighten or replace
as necessary.
(6)
Inspect each dry break poppet valve for a continuous seal,
that it depresses
evenly across the valve seat,
and that it reseats
properly and if not, repair or replace as necessary.
(7)
Inspect each motor fuel dispenser hose for tears, leaks, holes, kinks, crimps,
or defects of any kind and replace
as necessary.
(8)
Inspect
each motor fuel dispenser nozzle for leaks, obstruction of vapor recovery
holes, or defects of any kind and
replace as necessary.
(9)
Inspect each motor fuel dispenser cabinet interior for leaking components and the presence
of oil, water, or debris;
remove and dispose of any oil, water, or debris in accordance with all applicable
federal, state, and local
requirements; and repair each component as necessary. If a motor fuel dispenser
cabinet interior has a liquid-tight containment sump with continuous leak detection monitoring provided by either
a dispenser sump sensor or the attached
piping sump sensor,
the motor fuel dispenser cabinet
interior inspection may be conducted annually and the results reported in the associated monthly inspection report.
(10)
Inspect each oil transfer
and dispensing area for the presence of oil spills and report and remediate
any spill in accordance with all applicable federal,
state, and local requirements.
(11)
Inspect each alarm enunciation panel for proper operation of product monitoring and leak detection
systems and repair
or replace system components as necessary.
(d)
Deficiencies discovered during the visual inspection shall be repaired or otherwise
resolved within 30 days.
III.
The class B
operator shall ensure that tanks, pumps, and appurtenances that will store or dispense oil are compatible with the oil or oil blends to be stored
or dispensed.
IV.
Delegation of the responsibilities of this section to designated operators shall not relieve
the owner from liability for noncompliance with the requirements of this section.
Appendix E:
Applicability of Stage II Operation and Decommissioning
Requirements Effective November 17, 2012
Env-Or 505.01
Applicability of Stage II Requirements.
(a)
The
owner or operator of a gasoline storage tank at a gasoline dispensing facility
shall comply with this part in
addition to Env-Or 503, Env-Or 504, Env-Or 506, Env-Or 508, and applicable
reference standards in Env-Or 509 if the facility:
(1)
Meets the criteria specified in Env-Or 501.02(b) for a
stage I system;
(2)
Is located
in Hillsborough, Merrimack, Rockingham, or Strafford county;
(3)
Does not qualify for an exemption
pursuant to Env-Or 505.02; and
(4)
Meets one of the following criteria:
a.
The
facility has a throughput equal to or greater than 35,000 gallons per rolling
30-day period; or
b.
The
facility was constructed after November 15, 1990, regardless of the amount of throughput.
(b)
Once
a facility meets the applicability criteria in (a), above, the owner or
operator shall continue to be subject
to the stage II requirements even if a reduction in throughput occurs to below
the threshold specified in (a)(4)a., above.
Env-Or 505.02
Exemptions from Stage II Requirements.
(a)
Any gasoline
dispensing facility that services only motorized water vessels, airplanes, or agricultural equipment shall be exempt from this
part.
(b)
The
owner or operator of a gasoline dispensing facility that meets the criteria
specified in Env-Or 505.01(a)(1),
(2), and (4) shall be exempt from the requirements to install and to operate
stage II equipment provided that:
(1)
Facility construction commences on or after January
1, 2012;
(2)
Facility construction commenced prior to January 1, 2012 but stage
II equipment had not been
installed prior to January 1, 2012; or
(3)
The owner or operator
decommissions the stage II equipment in accordance with Env-Or 505.03.
Env-Or 505.03 Decommissioning Stage II Systems.
(a)
Subject to (d), below,
the owner or operator of a gasoline
dispensing facility equipped
with stage II equipment shall decommission the stage II equipment by December
22, 2015 in accordance with this section.
(b)
To qualify
for an exemption under Env-Or
505.02(b)(3) or to comply with (a), above, the owner
or operator shall do the following in the order listed:
(1)
Submit a completed notification form as described in Env-Or 506.02
to notify the department of the intent to decommission the stage
II equipment;
(2)
Conduct a pressure decay test on the stage II vapor return piping
as specified in Env-Or 505.11
and Env-Or 505.12 within 30 days prior to the scheduled decommissioning
of the stage II equipment;
(3)
Decommission
the stage II system in accordance with all of the steps listed in the Petroleum Equipment Institute Recommended Practices
for Installation and Testing of Vapor-Recovery
Systems at Vehicle-Fueling Sites, PEI RP 300-09, Section 14,
Decommissioning Stage II Vapor Recovery
Piping, 2009 edition; and
(4)
If
the stage II vapor return piping did not pass the pressure decay test even
after retesting in accordance with Env-Or 505.10(b), permanently close the stage II vapor return piping as specified in Env-Wm 1401.18(g)(2) or successor rule in
subtitle Env-Or.
(c)
Any
owner or operator who decommissions stage II vapor recovery equipment shall
continue to comply with the pressure
decay and PV vent
cap pressure and vacuum testing
requirements of Env-Or
505.10 through Env-Or
505.12 for all equipment that remains in place, including
any stage II vapor return
piping that remains connected at the tank.
(d)
The
requirement to decommission a stage II vapor recovery system shall not apply to
political subdivisions. If a political subdivision that owns a
stage II system chooses to decommission the equipment, such decommissioning shall comply
with (b), above.