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(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.
During the loading or unloading of a gasoline transport vehicle subject to this chapter, leakage from any component of the gasoline transport vehicle or the vapor collection or control systems shall not equal or exceed 20 percent of the lower explosive limit (LEL measured as propane) when measured at a distance of one inch with a combustible gas detector. There shall be no avoidable visible liquid leak from such components. Components of the transport vehicle or vapor collection or control systems include all piping, seals, hoses, connections, pressure-vacuum seals, and other possible leak sources. The combustible gas detector used for determining compliance with this standard shall have a minimum range of 0 - 100 percent of the LEL as propane, a probe with an internal diameter of 1/4 inch (0.625 cm), and a response time less than 8 seconds with sampling line and probe attached. The combustible gas detector must be properly calibrated prior to testing.
Vehicles subject to this chapter shall undergo a pressure vacuum test within one year after the effective date of this chapter, and annually thereafter. These tests shall be performed by the owner or his agent using test methods acceptable to the Commissioner of NYSDEC. [Test method 27 described in appendix A of Part 60 of Title 40 of the Code of Federal Regulations (40 C.F.R. Part 60) is considered to be acceptable]. If the results of the pressure vacuum test do not show compliance with the pressure change standard, the gasoline transport vehicle shall be repaired to make the tank vapor-tight and retested within 15 days.
(a) The owner of any gasoline transport vehicle subject to this chapter shall maintain written records of pressure-vacuum testing and repairs. The records include the vehicle identification number of the gasoline transport vehicle, the date of tests, the results of the testing, the nature of necessary repairs and the date of retests.
(b) A copy of the most recent pressure-vacuum test results, in a form acceptable to the Commissioner, shall be kept with the gasoline transport vehicle.
(c) Written records required by this section shall be maintained by owner and/or operator and shall be retained for two years after the testing occurred. The record must be made available to the Commissioner or his representative upon request at any reasonable time.
Any owner or operator of a gasoline dispensing site subject to the requirements of this chapter shall submit a proposed schedule to the Commissioner which includes specific steps and dates necessary to comply with the provisions of this part within 10 days of the effective date of this chapter. Owners of gasoline dispensing sites subject to this chapter shall be in compliance with all requirements within 10 days of the effective date of this chapter or shall have submitted an approved compliance schedule.
The Commissioner may grant variances from the requirements of this chapter to gasoline dispensing sites or gasoline transport vehicles in accordance with the procedures, standards and time limits provided in § 24-110 of the Administrative Code of the City of New York.
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