(A) A person shall not place, store, or hold in any stationary tank reservoir or other container of more than 40,000 gallons capacity any petroleum or volatile product or mixture of products having a vapor pressure of two pounds per square inch absolute or greater under actual storage conditions, unless the tank, reservoir, or other container is a pressure tank maintaining working pressures sufficient at all times to prevent hydrocarbon vapor or gas loss to the atmosphere, or is designed and equipped with one of the following vapor loss control devices, properly installed, in good working order and in operation:
(1) A floating roof, consisting of a pontoon type or double deck type roof, resting on the surface of the liquid contents and equipped with a closure seal to close the space between the roof edge and tank wall. The control equipment provided for in this division shall not be used if the gasoline, petroleum distillate, or other volatile product has a vapor pressure of 12 pounds per square inch absolute or greater under actual storage conditions. All tank gauging and sampling devices shall be gas tight, except when gauging or sampling is taking place;
(2) A vapor recovery system, consisting of a vapor gathering system capable of collecting the hydrocarbon vapors or other gases discharged and a vapor disposal system capable of processing the hydrocarbon vapors or other gases so as to prevent their emission to the atmosphere and with all tank gauging and sampling devices gas tight, except when gauging or sampling is taking place; and
(3) Other equipment of equal efficiency; provided, that plans for the equipment are submitted to and approved by the Director.
(B) The provisions of this section shall not apply to:
(1) The manufacture of organic solvents;
(2) The spraying or other usage of insecticides, pesticides, or herbicides;
(3) Industrial surface coating operations when the coating’s solvent make-up is water based and does not exceed 20% of organic materials by volume; and
(4) The use of organic solvents that will not create a health hazard or a nuisance, as determined by the Director.
(Prior Code, § 102.109) Penalty, see § 95.999