§ 129.82. Control of VOCs from gasoline dispensing facilities (Stage II).
(a.1) Applicability. This section applies to the owner and operator of a gasoline dispensing facility equipped with a Stage II vapor recovery system and located in Allegheny, Armstrong, Beaver, Bucks, Butler, Chester, Delaware, Fayette, Montgomery, Philadelphia, Washington or Westmoreland County.
(b) Operating requirements. The owner or operator, or both, of a gasoline dispensing facility subject to this section shall meet the following requirements until the Stage II vapor recovery system at the gasoline dispensing facility is decommissioned under § 129.82a (relating to requirements to decommission a Stage II vapor recovery system):
(1) Maintain a Department-approved and properly operating Stage II vapor recovery system. The Department will not approve a Stage II vapor recovery system unless the Stage II vapor recovery system collects at least 90% by weight of the gasoline vapors that are displaced from a vehicle fuel tank during refueling and returns the captured vapors to a vapor tight system.
(1.1) Provide necessary maintenance and make modifications necessary to comply with this section.
(2) Provide adequate training and written instructions to the operator of the gasoline dispensing facility to assure proper operation of the Stage II vapor recovery system.
(3) Immediately remove from service and tag a defective vapor recovery hose, nozzle or other component of the Stage II vapor recovery system until the defective component is replaced or repaired.
(i) A component removed from service may not be returned to service until the defect is corrected.
(ii) If the Department finds during an inspection that a defective vapor recovery hose, nozzle or other component of the Stage II vapor recovery system is not properly tagged, the component may not be returned to service until the defect is corrected and the Department approves its return to service.
(4) Conspicuously post the operating instructions for the gasoline dispensing system in the gasoline dispensing area which, at a minimum, include:
(i) A clear description of how to correctly dispense gasoline with the vapor recovery nozzles used at the site.
(ii) A warning that continued attempts to dispense gasoline after the system indicates that the motor vehicle fuel tank is full may result in spillage and contamination of the air or water or recirculation of the gasoline into the vapor recovery system.
(iii) A telephone number, email address or social media account established by the Department for the public to use to report problems experienced with the gasoline dispensing system.
(5) Maintain records of the gasoline dispensing system test procedure results, monthly throughput, type and duration of any failure of the system and maintenance and repair records onsite at the gasoline dispensing facility or electronically stored allowing for onsite examination. The records must be:
(i) Maintained for 2 years, unless a longer period is required under Chapter 127 (relating to construction, modification, reactivation and operation of sources) or a plan approval, operating permit, consent decree or order issued by the Department.
(ii) Made available for inspection, upon request, by the Department.
(e) Functional testing and certification requirements. The owner and operator of a gasoline dispensing facility subject to this section shall comply with the functional testing and certification requirements specified in the EPAs Stage II Enforcement and Technical Guidance Documents developed under section 182 of the Clean Air Act.
(1) The owner or operator of a gasoline dispensing facility that uses a Stage II vapor balance vapor recovery system shall conduct the following test procedures:
(i) A liquid blockage test procedure under CARB TP-201.6, Determination of Liquid Removal of Phase II Vapor Recovery Systems of Dispensing Facilities, adopted April 28, 2000, including updates and revisions, upon major modification of the system and every 5 years thereafter.
(ii) A dynamic backpressure test procedure under CARB TP-201.4, Dynamic Back Pressure, amended July 3, 2002, including updates and revisions, upon major modification of the system and every 5 years thereafter.
(2) The owner or operator of a gasoline dispensing facility that uses a Stage II vacuum assist vapor recovery system shall quantify the air to liquid volumetric ratio conducted under CARB TP-201.5 Air to Liquid Volume Ratio, amended February 1, 2001, including updates and revisions, once in every 12-month period.
(3) The owner or operator of a gasoline dispensing facility that conducts a test procedure under paragraph (1) or (2) shall do all of the following:
(i) Conduct the test procedures in paragraph (1) simultaneously, consecutively or separately at different times of the 5-year period.
(ii) Conduct the test procedure in paragraph (2) simultaneously with, consecutively with or separately from the test procedures in § 129.61a(d)(1) (relating to vapor leak monitoring procedures and other requirements for small gasoline storage tank emission control) during the 12-month period.
(iii) Repair to a component on, or correction to, the Stage II vapor recovery system must be made within 10 days following a failed test procedure.
(iv) Record all of the following information, as applicable, for each test procedure performed under paragraph (1) or (2):
(A) The name of the test procedure.
(B) The name of the person performing the test procedure.
(C) The date the test procedure was performed.
(D) The result of the test procedure.
(E) The date, time, type and duration of a test procedure failure.
(F) The name of the person correcting the test procedure failure.
(G) The date the test procedure failure was corrected.
(H) The action taken to correct the test procedure failure.
(f) Additional requirements. An owner and operator of a gasoline storage tank subject to this section may also be subject to § 129.61a and § 129.82a.
The provisions of this § 129.82 issued under section 5 of the Air Pollution Control Act (35 P.S. § 4005); and amended under section 5(a)(1) and (8) of the Air Pollution Control Act (35 P.S. § 4005(a)(1) and (8)).
The provisions of this § 129.82 adopted February 7, 1992, effective February 8, 1992, 22 Pa.B. 585; amended April 9, 1999, effective April 10, 1999, 29 Pa.B. 1889; amended March 25, 2022, effective March 26, 2022, 52 Pa.B. 1875. Immediately preceding text appears at serial pages (380495) to (380497).
This section cited in 25 Pa. Code § 129.82a (relating to requirements to decommission a Stage II vapor recovery system); and 25 Pa. Code § 129.91 (relating to control of major sources of NOx and VOCs).
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