Louisiana SIP: LAC 33:III Ch 2132. Stage II Vapor Recovery Systems for Control of Vehicle Refueling Emissions at Gasoline Dispensing Facilities; SIP effective 2011-08-04 (LAd34) and 2016-02-29 (LAd47) to 2017-09-27
Regulatory Text:
Louisiana Administrative Code, Title 33 ENVIRONMENTAL QUALITY, Part III Air (LAC 33:III)
Chapter 21. Control of Emission of Organic Compounds
Subchapter F. Gasoline Handling
Section 2132. Stage II Vapor Recovery Systems for Control of Vehicle Refueling Emissions at Gasoline Dispensing Facilities
Revisions to §2132 adopted in the Louisiana Register December 20, 1997 (AQ158),
January 20, 1998 (AQ149) and April 20, 2003 (AQ225),
Approved by EPA July 5, 2011 (76 FR 38977) effective August 4, 2011 (LAd34),
Regulations.gov docket EPA-R06-OAR-2007-0924 [LA021].
NOTE: this compilation of Section 2132 assumes that all revisions to Section 2132 adopted in the Louisiana Register December 20, 1997 (AQ158) were approved by EPA in the July 5, 2011 Federal Register action except those definitions and paragraphs superseded by the revisions adopted in the Louisiana Register January 20, 1998 (AQ149) and April 20, 2003 (AQ225).
§2132.B.6, B.8, D.1, and D.3 as approved by EPA January 28, 2016 (81 FR 04891) effective
February 29, 2016 (LAd47), Regulations.gov docket EPA-R06-OAR-2012-0434 [LA039].
Unless otherwise indicated, paragraphs/definitions are as approved by EPA 03/25/94 (59 FR 14114) effective 05/24/94 (LAc61).
AQ158 §2132.A;LAd34;LA021.04;AQ158;LR23:1682(12/20/1997)
A. Definitions. Terms used in this Section are defined in
LAC 33:III.lll of these regulations with the exception of
those terms specifically defined as follows:
AQ158 §2132.A.CARB;LAd34;LA021.04;AQ158;LR23:1682(12/20/1997)
CARB - California Air Resources Board.
Independent Small Business Marketer of Gasoline (ISBM)-a person engaged in the marketing of gasoline who would be required to pay for procurement and installation of vapor recovery equipment under this Section, unless such person:
1. is a refiner; or
2. controls, is controlled by, or is under common control with, a refiner; or
3. is otherwise directly or indirectly affiliated with a refiner or with a person who controls, is controlled by, or is under a common control with, a refiner (unless the sole affiliation referred to herein is by means of a supply contract or an agreement or contract to use a trademark, trade name, service mark, or other identifying symbol or name owned by such refiner or any such person); or
4. receives less than 50 percent of his annual income from refining or marketing of gasoline. The term "refiner" shall not include any refiner whose total refinery capacity (including the refinery capacity of any person who controls, is controlled by, or is under common control with, such refiner) does not exceed 65,000 barrels per day. "Control" of a corporation means ownership of more than 50 percent of its stock.
Major System Modification (for the purposes of LAC 33:III.2132)- replacing, repairing or upgrading 75 percent or more of the facility's Stage II equipment.
Motor Vehicle Fuel - any petroleum distillate having a Reid vapor pressure of more than four pounds per square inch as determined by ASTM Method D323 and which is used primarily to power motor vehicles. This definition includes, but is not limited to, gasoline and mixtures of simple alcohols and gasoline.
Motor Vehicle Fuel Dispensing Facility (hereafter called "facility or facilities") - a facility consisting of one or more stationary gasoline storage tanks, with an individual capacity of 250 gallons or more, together with dispensing devices, used to fill motor vehicle fuel tanks, or portable containers.
Small Business Stationary Source - a stationary source that:
1. is owned or operated by a person that employs 100 or fewer individuals;
2. is a small business concern as defined in the Small Business Act;
3. is not a major stationary source;
4. does not emit 50 tons or more per year of any regulated pollutant; and
5. emits less than 75 tons per year of all regulated pollutants.
AQ225 §2132.A.Stage II Vapor Recovery System;LAd34;LA021.08;AQ225;LR29:0558(4/20/2003)
Stage II Vapor Recovery System a gasoline vapor
recovery system that is CARB-approved on or before March
31, 2001; or equivalent, and recovers vapors during the
refueling of motor vehicles.
AQ149 §2132.B to B.1;LAd34;LA021.05;AQ149;LR24:0025(1/20/1998)
B. Applicability
1. The provisions of this Section shall apply to motor
vehicle fuel dispensing facilities in the affected parishes of
Ascension, East Baton Rouge, Iberville, Livingston, Pointe
Coupee, and West Baton Rouge.
2. New facilities constructed after promulgation of this regulation shall comply with the requirements of this regulation upon start-up of the facility.
3. All facilities existing when these rules are promulgated that dispense greater than 10,000 gallons of gasoline per month (50,000 gallons of gasoline per month in the case of an independent small business marketer of gasoline) are subject to this regulation and shall demonstrate to the administrative authority their average monthly volume of motor vehicle fuel dispensed. This information shall be submitted to the administrative authority no later than 90 days after promulgation of this regulation. The criteria that mandate the installation of gasoline vapor recovery equipment are determined by calculating the average volume of motor vehicle fuel dispensed per month, without facility shutdown, for the most recent two year period, and shall be calculated monthly. If data for two years is not available, this calculation shall be based on the monthly average for the most recent twelve calendar months, including only those months for which the facility was operating.
4. Facilities subject to the provisions of this Section shall demonstrate compliance according to the following schedule:
AQ158 §2132.B.4.a to B.4.d;LAd34;LA021.04;AQ158;LR23:1682(12/20/1997)
a. facilities for which new construction commenced
after November 15, 1990, must comply with these
requirements not later than May 20, 1993;
b. facilities constructed before November 15,1990,
which have an average monthly throughput rate of 100,000
gallons or more of gasoline per month must comply prior to
November 20, 1993;
c. facilities constructed before November 15, 1990,
which have an average monthly throughput rate between
10,000 and 100,000 gallons of gasoline per month must
comply not later than November 20, 1994; and
d. existing facilities previously exempted from, but
which become subject to, the requirements of this regulation
shall comply with the requirements of this regulation within
one year from the date on which the facility becomes subject.
AQ225 §2132.B.5;LAd34;LA021.08;AQ225;LR29:0558(4/20/2003)
5. No owner or operator as described in Paragraphs
B.l, 2, and 3 of this Section shall cause or allow the
dispensing of motor vehicle fuel at any time unless all fuel
dispensing operations are equipped with and utilize a Stage
II vapor recovery system certified by CARB on or before
March 31, 200l, that is properly installed and operated in
accordance with the corresponding CARB executive order.
The vapor recovery equipment must also be installed and
operated within the guidelines of the National Fire
Protection Association (NFPA) 30. The vapor recovery
equipment utilized shall be certified by CARB or equivalent
certification authority approved by the administrative
authority* to attain a minimum of 95 percent gasoline vapor
control efficiency. This certified equipment shall have
coaxial hoses and shall not contain remote check valves. In
addition, only CARB or equivalent approved aftermarket
parts and CARB or equivalent approved rebuilt parts shall be
used for installation or replacement use. CARB certified
enhanced vapor recovery systems and/or individual parts are
approvable by tbe administrative authority* as equivalent
alternatives.
§2132.B.6 SIP effective to February 28, 2016.
6. The regulated facility shall submit the following application information to the administrative authority prior to installation of the Stage II Vapor Recovery System:
§2132.B.6 as submitted to EPA August 14, 2009 [LA039.03] and resubmitted
to EPA October 2015 [LA039.05], MM002 LR 33:2086 (October 20, 2007).
Approved by EPA January 28, 2016 (81 FR 04891) effective February 29, 2016 (LAd47),
Regulations.gov docket EPA-R06-OAR-2012-0434 [LA039].
6. The regulated facility shall submit the following
application information to the Office of Environmental
Compliance prior to installation of the Stage II Vapor
Recovery System:
a. plans for installation of the Stage II Vapor Recovery System, including approved equipment (per Subsection B.5 of this Section) and piping, together with the proposed construction schedule;
AQ158 §2132.B.6.b;LAd34;LA021.04;AQ158;LR23:1682(12/20/1997)
b. plans to test for proper operation of the Stage II
equipment in accordance with Subsection D.1.a of this Section
or upon major system modification;
c. information in the application for approval form shall include:
i. the facility name and address;
ii. signature of the owner or operator;
AQ158 §2132.B.6.c.iii;LAd34;LA021.04;AQ158;LR23:1682(12/20/1997)
iii. the CARB or equivalent executive order number
of the vapor recovery system to be utilized; and
iv. any other pertinent information.
7. Once a facility becomes subject to this regulation, that facility shall continue to be subject to this regulation even if throughput drops back below the throughput exemption level.
§2132.B.8 SIP effective to February 28, 2016.
8. Upon request by the Department of Environmental Quality, the owner or operator of a facility that claims to be exempt from the requirements of this Section shall submit supporting records to the department within 30 calendar days from the date of the request. The Department of Environmental Quality shall make a final determination regarding the exemption status of a facility.
§2132.B.8 as submitted to EPA August 14, 2009 [LA039.03] and resubmitted
to EPA October 2015 [LA039.05], MM002 LR 33:2086 (October 20, 2007).
Approved by EPA January 28, 2016 (81 FR 04891) effective February 29, 2016 (LAd47),
Regulations.gov docket EPA-R06-OAR-2012-0434 [LA039].
8. Upon request by the Department of Environmental
Quality, the owner or operator of a facility that claims to be
exempt from the requirements of this Section shall submit
supporting records to the Office of Environmental
Compliance within 30 calendar days from the date of the
request. The Department of Environmental Quality shall
make a final determination regarding the exemption status of
a facility.
C. Training
1. At least one owner/operator/employee from each facility shall receive training in the categories listed in this Section. For each person who successfully completes training, a certificate or other proof of training shall be required. The required training shall be completed prior to the initiation of operation of a facility's Stage II Vapor Recovery equipment. Training shall include the following areas:
a. purposes and effects of the Stage II vapor control program;
b. equipment operation and function specific to the facility's system;
c. maintenance schedules and requirements for the facility's equipment;
d. equipment warranties; and
e. equipment manufacturer contacts (names, addresses and telephone numbers) for parts and service.
2. The administrative authority shall accept equipment manufacturers' seminars as a form of training with proof of attendance or completion after evaluation. Other types of training may be accepted upon approval by the Department of Environmental Quality.
AQ158 §2132.D to D.1;LAd34;LA021.04;AQ158;LR23:1682(12/20/1997)
D. Testing
§2132.D.1 SIP effective to February 28, 2016.
1. The owner/operator of the facility shall have the
installed vapor recovery equipment tested prior to the start-up
of the facility. The owner or operator shall notify the
department at least five calendar days in advance of the
scheduled date of testing. Testing must be performed by a
contractor that is certified with the Department of
Environmental Quality. Compliance with the emission
specification for Stage II equipment shall be demonstrated by
passing the following required tests or equivalent for each
type of system:
§2132.D.1 as submitted to EPA August 14, 2009 [LA039.03] and resubmitted
to EPA October 2015 [LA039.05], MM002 LR 33:2086 (October 20, 2007).
Approved by EPA January 28, 2016 (81 FR 04891) effective February 29, 2016 (LAd47),
Regulations.gov docket EPA-R06-OAR-2012-0434 [LA039].
1. The owner/operator of the facility shall have the
installed vapor recovery equipment tested prior to the startup
of the facility. The owner or operator shall notify the
Office of Environmental Compliance at least five calendar
days in advance of the scheduled date of testing. Testing
must be performed by a contractor that is certified with the
Department of Environmental Quality. Compliance with the
emission specification for Stage II equipment shall be
demonstrated by passing the following required tests or
equivalent for each type of system:
AQ158 §2132.D.1.a to D.1.a.iii;LAd34;LA021.04;AQ158;LR23:1682(12/20/1997)
a. vapor balance system:
i. a static pressure test (CARB test procedure TP
201.3) shall be initially conducted and successfully passed
after installation of the vapor recovery system and prior to
initiating operation of the vapor recovery system and once
every year thereafter;
ii. a dynamic pressure drop test (San Francisco Bay
Area Dynamic Back Pressure Test Procedure ST-27) shall be
initially conducted and successfully passed after installation
of the vapor recovery system and prior to initiating operation
of the vapor recovery system and once every year thereafter,
and
iii. a liquid blockage test (San Diego Test Procedure
TP-91-2) shall be initially conducted and successfully passed
after installation of the vapor recovery system and prior to
initiating operation of the vapor recovery system and once
every five years thereafter;
AQ158 §2132.D.1.b to D.1.b.iii;LAd34;LA021.04;AQ158;LR23:1683(12/20/1997)
b. vacuum assist system:
i. a static pressure test (CARB test procedure TP
201.3) shall be initially conducted and successfully passed
after installation of the vapor recovery system and prior to
initiating operation of the vapor recovery system and once
every year thereafter;
ii. an air to liquid volume ratio test (CARB test
procedure TP 20l.5) shall be initially conducted and
successfully passed after installation of the vapor recovery
system and prior to initiating operation of the vapor recovery
system and once every year thereafter; and
iii. a liquid blockage test (San Diego Test Procedure
TP-91-2) shall be initially conducted and successfully passed
after installation of the vapor recovery system and prior to
initiating operation of the vapor recovery system and once
every five years thereafter.
AQ225 §2132.D.2;LAd34;LA021.08;AQ225;LR29:0558(4/20/2003)
2. The test methods used are contained in the
Environmental Protection Agency document entitled,
"Technical Guidance Stage II Vapor Recovery Systems for
Control of Vehicle Refueling Emissions at Gasoline
Dispensing Facilities, EPA-450-3-9l-022b" and the CARB
Stationary Source Test Methods, Volume 2, April 12, 1996
§2132.D.3 SIP effective to February 28, 2016.
AQ158 §2132.D.3;LAd34;LA021.04;AQ158;LR23:1683(12/20/1997)
3. The department reserves the right to confirm the
results of the aforementioned testing at its discretion and at
any time. Within 30 days after installation or major system
modification of a vapor recovery system, the owner or
operator of the facility shall submit to the department the date
of completion of the installation or major system modification
of a vapor recovery system and the results of all functional
testing requirements.
§2132.D.3 as submitted to EPA August 14, 2009 [LA039.03] and resubmitted
to EPA October 2015 [LA039.05], MM002 LR 33:2086 to 2087 (October 20, 2007).
Approved by EPA January 28, 2016 (81 FR 04891) effective February 29, 2016 (LAd47),
Regulations.gov docket EPA-R06-OAR-2012-0434 [LA039].
3. The department reserves the right to confirm the
results of the aforementioned testing at its discretion and at
any time. Within 30 days after installation or major system
modification of a vapor recovery system, the owner or
operator of the facility shall submit to the Office of
Environmental Compliance the date of completion of the
installation or major system modification of a vapor
recovery system and the results of all functional testing
requirements.
AQ158 §2132.E to E.3;LAd34;LA021.04;AQ158;LR23:1683(12/20/1997)
E. Labeling. The facility owner/operator shall post
operating instructions conspicuously on the front of each
gasoline dispensing pump using a Stage II vapor recovery
system. The instructions shall include:
1. a clear description of how to correctly dispense
gasoline with the vapor recovery nozzles utilized at the site;
2. a warning that continued attempts at dispensing
gasoline after the system indicates that the vehicle tank is full
("topping off') may result in spillage or recirculation of
gasoline; and
3. a telephone number established by the department for
use by the public to report comments, questions, or problems
experienced with the system.
AQ158 §2132.F to F.4;LAd34;LA021.04;AQ158;LR23:1683(12/20/1997)
F. Inspection
1. The facility owner or operator shall maintain the
Stage II vapor recovery system in proper operating condition
as specified by the manufacturer and free of defects that could
impair the effectiveness of the system, including but not
limited to:
a. absence or disconnection of any component
required to be used on a certified or equivalent system;
b. crimped or flattened vapor hose such that the vapor
passage is blocked or restricted;
c. a nozzle boot that is torn in one or both of the
following ways:
i. a triangular-shaped or similar tear more than
1/2 inch on a side or a hole more than 1/2 inch in diameter;
ii. a slit more than 1 inch in length;
d. for balance nozzles a faceplate that is damaged
such that the capability to achieve a seal with a fill pipe
interface is affected for a total of at least one-fourth of the
circumference of the faceplate;
e. for nozzles in vacuum assist type systems, a
flexible cone for which a total of at least one-fourth of the
cone is damaged or missing;
f. a nozzle shutoff mechanism that malfunctions in
any manner;
g. vapor return lines, including such components as
swivels, anti-recirculation valves, and underground piping,
that malfunction, are blocked, or are restricted such that the
pressure drop through the line exceeds by a factor of two or
more the value as certified in the approved system;
h. a vapor processing unit that is inoperative;
i. a vacuum producing device that is inoperative;
j. pressure/vacuum valves, vapor check valves, or dry
breaks that are inoperative;
k. a vapor guard that is missing or damaged such that
a slit from the outer edge of the open end flange to the spout
anchor clamp exists or that has an equivalent cumulative
damage;
l. any equipment defect that is identified by the
department as substantially impairing the effectiveness of the
system in reducing refueling vapor emissions; or
m. any gasoline leaks as detected by sight, sound, or
smell.
2. The owner or operator shall perform daily inspections
and accurately record the results of the inspections.
3. Any equipment having a defect, as determined
through daily visual inspections or other means, shall be
tagged "out of order" by the facility owner or operator and
shall not be used until it has been repaired or replaced.
4. Any equipment that has been tagged "out of order"
by the department shall not be used until it has been repaired
or replaced.
AQ158 §2132.G to G.4;LAd34;LA021.04;AQ158;LR23:1683(12/20/1997)
G. Recordkeeping. The facility owner/operator shall
maintain the following records on the facility premises for at
least two years and present them to an authorized
representative of the department upon request:
1. application approval records;
2. certificate to operate;
3. system installation and testing results;
4. Stage II maintenance records, which shall include,
but not be limited to, daily visual inspections for
malfunctions;
AQ225 §2132.G.5;LAd34;LA021.08;AQ225;LR29:0558(4/20/2003)
5. department inspection records;
AQ158 §2132.G.6 to G.7;LAd34;LA021.04;AQ158;LR23:1683(12/20/1997)
6. compliance records; and
7. training certification.
AQ158 §2132.H to H.1;LAd34;LA021.04;AQ158;LR23:1683(12/20/1997)
H. Enforcement
1. Enforcement of these regulations, authorized under
R.S. 30:2054, shall include, but not be limited to, the
following penalties:
AQ225 §2132.H.1.a to H.1.b;LAd34;LA021.08;AQ225;LR29:0558(4/20/2003)
a. notices of corrected violations;
b. compliance orders;
AQ158 §2132.H.1.c to H.1.g;LAd34;LA021.04;AQ158;LR23:1684(12/20/1997)
c. cease and desist orders;
d. suspension of license or permit to operate;
e. revocation of license or permit to operate;
f. monetary fines; and
g. "red tagging" equipment to prevent its operation.
AQ158 §2132.H.2 to H.2.b;LAd34;LA021.04;AQ158;LR23:1684(12/20/1997)
2. The administrative authority may consider requests
from a small business stationary source for modification of:
a. any work practice or technological method of
compliance; or
b. the schedule of milestones for implementing such
work practice or method of compliance preceding any
applicable compliance date, based on the technological and
financial capability of any such small business stationary
source. No such modification may be granted unless it is in
compliance with the applicable requirements of the Louisiana
Environmental Quality Act and the Federal Clean Air Act,
including the requirements of the applicable implementation
plan. Where such applicable requirements are set forth in
federal regulations, only modifications authorized in such
regulations may be allowed.
AQ158 §2132.I;LAd34;LA021.04;AQ158;LR23:1684(12/20/1997)
I. Fees. The fees are defined in LAC 33:III.223.
EPA Region 6 NOTE: As of November 2014, the SIP-approved fees are in LAC 33:III.Chapter 65.
****End Louisiana Section 2132 SIP effective August 4, 2011***LAd34***LA021***uyi****
****End Louisiana Section 2132 SIP effective February 29, 2016***LAd47***LA039***w2h***