Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 1032 (February 24, 2024).

25 Pa. Code § 129.82a. Requirements to decommission a Stage II vapor recovery system.

§ 129.82a. Requirements to decommission a Stage II vapor recovery system.

 (a)  Applicability. Beginning March 26, 2022, this section applies to the owner and operator of a gasoline dispensing facility that uses, has decommissioned or is decommissioning a Stage II vapor recovery system.

 (b)  Compliance deadline.

   (1)  Stage II vacuum assist vapor recovery system. The owner or operator of a gasoline dispensing facility located in Allegheny, Armstrong, Beaver, Bucks, Butler, Chester, Delaware, Fayette, Montgomery, Philadelphia, Washington or Westmoreland County that uses a Stage II vacuum assist vapor recovery system shall decommission the Stage II vacuum assist vapor recovery system on or before December 31, 2022.

   (2)  Stage II vapor balance vapor recovery system. The owner and operator of a gasoline dispensing facility in this Commonwealth that uses a Stage II vapor balance vapor recovery system shall comply with this section when the owner or operator decommissions the Stage II vapor balance vapor recovery system.

 (c)  Test procedure documents. The following are the full names of the vapor recovery test procedure documents specified in this section:

   (1)  PEI/RP300-09—The Petroleum Equipment Institute’s ‘‘Recommended Practices for Installation and Testing of Vapor-Recovery Systems at Vehicle-Fueling Sites,’’ Chapter 14, Decommissioning Stage II Vapor-Recovery Piping, sections 14.1 through 14.6.13, including applicable updates and revisions.

   (2)  CARB TP-201.3—‘‘Determination of 2 Inch WC Static Pressure Performance of Vapor Recovery Systems of Dispensing Facilities,’’ amended July 26, 2012, including updates and revisions.

   (3)  CARB TP-201.3C—‘‘Determination of Vapor Piping Connections to Underground Gasoline Storage Tanks (Tie-Tank Test),’’ adopted March 17, 1999, including updates and revisions.

 (d)  Process to decommission a Stage II vapor recovery system. The owner or operator of a gasoline dispensing facility that decommissions a Stage II vapor recovery system shall decommission the Stage II vapor recovery system by meeting all of the following:

   (1)  Successfully completing all of the steps in PEI/RP300-09, Chapter 14. The owner or operator shall cap off the vapor tight return line of the Stage II vapor recovery system at the gasoline storage tank top if accessible at the time of decommissioning. If the vapor tight return line is not accessible at the time of decommissioning, the vapor tight return line must be capped when either of the following circumstances occurs:

     (i)   The storage tank system or an associated piping component is under concrete, and a replacement or repair of the underground storage tank system or associated piping component involves breaking concrete on top of the tank where the vapor tight return line terminates.

     (ii)   The CARB TP-201.3 procedure performed under paragraph (2) indicates a problem with the vapor tight return line.

   (2)  Successfully completing all of the steps in CARB TP-201.3.

   (3)  Successfully completing all of the steps in CARB TP-201.3C.

   (4)  Completing Form 2700-FM-BAQ0129, including updates and revisions to the form, after decommissioning is complete, regardless of whether the vapor tight return line is accessible at the time of decommissioning and has been capped under paragraph (1). The owner or operator shall send the completed form within 10 business days of completion of the decommissioning to the Department Regional Air Program Manager or to the appropriate approved local air pollution control agency responsible for the county in which the decommissioning occurred.

   (5)  Maintaining onsite at the gasoline dispensing facility or electronically stored allowing for onsite examination a copy of the completed form that was submitted under paragraph (4). The owner or operator shall maintain the form onsite or electronically stored allowing for onsite examination 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.

 (e)  Certification requirements for installers and industry inspectors. The owner and operator of a gasoline dispensing facility subject to this section shall ensure that a person who performs underground storage tank system installation or modification work under this section is appropriately certified for the work they perform, as follows:

   (1)  The person must be a certified UMI or UMX storage tank installer under Chapter 245, Subchapter A (relating to general provisions).

   (2)  The person must comply with the applicable requirements of Chapter 245, Subchapter B (relating to certification program for installers and inspectors of storage tanks and storage tank facilities).

 (f)  Removal of responsibilities under §  129.82 (relating to control of VOCs from gasoline dispensing facilities (Stage II)). The owner and operator of a gasoline dispensing facility that decommissions a Stage II vapor recovery system under subsections (d) and (e) are no longer subject to §  129.82 at the gasoline dispensing facility.

 (g)  Retention of responsibilities under §  129.61 (relating to small gasoline storage tank control (Stage I control)). The owner and operator of a gasoline dispensing facility remains subject to §  129.61 after decommissioning a Stage II vapor recovery system.

 (h)  Retention of responsibilities under §  129.61a (relating to vapor leak monitoring procedures and other requirements for small gasoline storage tank emission control). The owner and operator of a gasoline dispensing facility located in Allegheny, Armstrong, Beaver, Bucks, Butler, Chester, Delaware, Fayette, Montgomery, Philadelphia, Washington or Westmoreland County that decommissions a Stage II vapor recovery system remains subject to §  129.61a.

Authority

   The provisions of this §  129.82a added under section 5(a)(1) and (8) of the Air Pollution Control Act (35 P.S. §  4005(a)(1) and (8)).

Source

   The provisions of this §  129.82a added March 25, 2022, effective March 26, 2022, 52 Pa.B. 1875.

Cross References

   This section cited in 25 Pa. Code §  121.1 (relating to definitions); and 25 Pa. Code §  129.82 (relating to control of VOCs from gasoline dispensing facilities (Stage II)).



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