For the purpose of this chapter, the following definitions apply:
Annual throughput. "Annual throughput" shall mean the amount of petroleum liquid transferred into or dispensed from a defined source or facility during twelve consecutive months.
Commissioner. "Commissioner" shall mean the Commissioner of the New York City Department of Environmental Protection.
Equivalent control. "Equivalent control" shall mean the use of alternate operational and/or equipment controls for the reduction of gasoline vapor emissions, that have been approved by the Commissioner, such that the aggregate emissions of gasoline vapor from the facility do not exceed those from the application of defined reasonably available control technology.
Gasoline. "Gasoline" means any petroleum distillate having a Reid Vapor Pressure of 4 pounds per square inch (28 kilopascals) or more used as a motor fuel.
Gasoline dispensing site. "Gasoline dispensing site" shall mean any site where gasoline is dispensed into vehicle fuel tanks or into portable containers used to fuel any motor from any stationary storage container(s) larger than 250 gallons.
Gasoline transport vehicle. "Gasoline transport vehicle" shall mean any tank truck, trailer, or railroad tank car, with a capacity of 300 gallons or more, used for the transportation of gasoline.
NYSDEC. "NYSDEC" shall mean New York State Department of Environmental Conservation.
Stage 1 vapor collection system. "Stage 1 vapor collection system" shall mean a system where gasoline vapors are forced from a tank into a vapor-tight holding system or vapor control system through direct displacement by the gasoline being loaded.
Submerged filling. "Submerged filling" shall mean the use of a fill pipe or drop tube whose discharge opening is entirely submerged when the liquid is six inches above the bottom of the container. For containers loaded from the side, submerged filling is defined as the use of a fill pipe whose discharge is entirely submerged when the liquid level is 18 inches, or twice the diameter of the fill pipe, whichever is greater, above the bottom of the container.
Vapor control system. "Vapor control system" shall mean a system that prevents emissions to the outdoor atmosphere from exceeding 4.7 grains per gallon (80 grams per 1,000 liters) of gasoline loaded.
(a) This chapter applies to the transfer of gasoline into underground storage tanks located at gasoline dispensing sites.
(b) This chapter also applies to owners and operators of all gasoline transport vehicles within the City of New York which:
(1) Deliver gasoline to any gasoline dispensing site required to be equipped with a stage 1 vapor collection system or equivalent (including such gasoline dispensing sites located in other counties or in states adjacent to New York State); or
(2) Convey gasoline either to or from any gasoline loading terminal or gasoline bulk plant.
(a) Prohibitions and requirements.
(1) No person shall transfer or allow the transfer of gasoline into storage tanks at gasoline dispensing sites located in New York City whose annual throughput exceeds 120,000 gallons, unless the storage tank is equipped with:
(i) A stage 1 vapor collection system consisting of a vapor-tight return line from the storage tank, or its vent, to the gasoline transport vehicle and a system that will ensure that the vapor line is connected before gasoline can be transferred into the tank; or
(ii) A properly installed on-site vapor control system connected to a vapor collection system; or
(iii) An equivalent control system approved by the Commissioner.
(2) Owners and/or operators of gasoline storage tanks subject to stage 1 vapor collection or vapor control system requirements shall:
(i) Install all required stage 1 vapor collection and control systems, and make any modifications necessary to comply with the requirements;
(ii) Provide adequate training and written instructions to the operator(s) of the affected gasoline dispensing site;
(iii) Replace, repair, or modify any worn or ineffective component or design element to ensure the vapor-tight integrity and efficiency of the stage 1 vapor collection and vapor control systems; and
(iv) Connect and properly operate the stage 1 vapor collection and control systems whenever gasoline is being loaded or unloaded.
(3) Each stationary storage tank with a capacity of at least 250 gallons installed or modified after January 1, 1979 at any gasoline dispensing site in New York City area shall have a stage 1 vapor collection or vapor control system.
(4) No person shall install, alter, test or repair underground equipment for storage, underground storage systems, underground tanks and underground piping and valves for gasoline except by or under direct supervision of a person who has first secured from the Commissioner of the Fire Department of the City of New York a Certificate of License to make such installation, alteration, test or repair. A written application for alteration to any part of existing underground equipment and/or underground storage systems shall be made to the Fire Department according to the requirements of § 27-4062(d) of the Administrative Code of the City of New York.
(b) Certificate of Registration. Owners and/or operators of gasoline dispensing sites who are required to comply under 15 RCNY § 4-03(a) shall apply for a Certificate of Registration and pay a fee for each registration or renewal thereof according to § 24-140(c) of the New York City Administrative Code within 10 days of the effective date of this regulation.
(c) Exemptions.
(1) A stage 1 vapor collection system and submerged filling are not required for any storage tanks with a capacity less than 2,000 gallons which were installed prior to January 1, 1970, at any gasoline dispensing sites, even if the annual gasoline throughput exceeds 120,000 gallons for the dispensing sites.
(2) Stage 1 vapor collection systems are not required for gasoline dispensing sites used exclusively for:
(i) farm-type tractors used only for agricultural purposes or snow plowing (other than for hire),
(ii) farm equipment including self propelled machines used in growing, harvesting or handling farm produce, and
(iii) self propelled caterpillar or crawler-type equipment being operated on a contract site, but must be equipped for submerged filling.
(a) No person shall allow a gasoline transport vehicle subject to this chapter to be filled or emptied unless the gasoline transport vehicle:
(1) Sustains a pressure change of not more than 3 inches of water (6 millimeters of mercury) in five minutes when pressurized to a gauge pressure of 18 inches of water (34 millimeters of mercury) and evacuated to a gauge pressure of 6 inches of water (11 millimeters of mercury);
(2) Is repaired by the owner or operator within 15 days after failing to meet the pressure change standard required by this section; and
(3) Displays a marking near the U.S. Department of Transportation certificate plate, in letters and numerals at least 2 inches high, which reads: NYSDEC and the date on which the gasoline transport vehicle was last tested for any other equivalent display approved by NYSDEC.
(b) No person shall allow a gasoline transport vehicle subject to this chapter to be loaded under a pressure exceeding 18 inches of water (34 millimeters of mercury) gauge, or to be unloaded under a vacuum exceeding 6 inches of water (11 millimeters of mercury) gauge.
(c) Dome covers on gasoline transport vehicles subject to this chapter shall be closed while the transport vehicle is being loaded, unloaded, or in motion except when gasoline transport vehicles are hatch loaded in conformance with paragraph 229.6(c)(2) or 229.7(a)(2) of Title 6 of the New York State Code of Rules and Regulations (6 NYCRR).
(d) Owners and/or operators of gasoline transport vehicles subject to stage 1 vapor collection or vapor control system requirements shall:
(1) Install all required stage 1 vapor collection and control systems, and make any modifications necessary to comply with the requirements;
(2) Provide adequate training and written instructions to the operator(s) of the affected gasoline transport vehicle;
(3) Replace, repair, or modify any worn or ineffective component or design element to ensure the vapor-tight integrity and efficiency of the stage 1 vapor collection and vapor control systems; and
(4) Connect and properly operate the stage 1 vapor collection and control systems whenever gasoline is being loaded or unloaded.
Loading...