(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.