Virginia Law

A. Petroleum liquid storage-fixed roof tanks.

1. No owner or other person shall use or permit the use of any fixed roof tank of more than 40,000 gallons capacity for storage of petroleum liquids, unless such tank is equipped with a control method that will remove, destroy, or prevent the discharge into the atmosphere of at least 90% by weight of volatile organic compound emissions.

2. Achievement of the emission standard in subdivision 1 of this subsection by use of methods in 9VAC5-40-5230 A will be acceptable to the board.

3. The provisions of this subsection shall not be applicable to fixed roof tanks having capacities less than 400,000 gallons for crude oil or condensate stored, processed, or treated at a drilling and production facility prior to custody transfer.

4. The owner of a fixed roof tank subject to the provisions of subdivision 1 of this subsection shall:

a. When the fixed roof tank is equipped with an internal floating roof, perform a visual inspection annually of the floating cover through roof hatches to ascertain compliance with the specifications in subdivisions (1) and (2) of this subdivision A 4 a.

(1) The cover should be uniformly floating on or above the liquid and there should be no visible defects in the surface of the cover or liquid accumulated on the cover.

(2) The seal must be intact and uniformly in place around the circumference of the cover between the cover and tank wall.

b. Perform a complete inspection of the cover and seal and record the condition of the cover and seal when the tank is emptied for nonoperational reasons such as maintenance, an emergency, or other similar purposes.

c. Maintain records of the throughput quantities and types of petroleum liquids stored, the average monthly storage temperature and true vapor pressure of the liquid as stored, and the results of the inspections performed under the provisions of subdivisions 4 a and 4 b of this subsection.

B. Petroleum liquid storage--floating roof tanks.

1. No owner or other person shall use or permit the use of any floating roof tank of more than 40,000 gallons capacity for storage of petroleum liquids, unless such tank is equipped with a control method that will remove, destroy, or prevent the discharge into the atmosphere of at least 90% by weight of volatile organic compound emissions.

2. Achievement of the emission standard in subdivision 1 of this subsection by use of methods in 9VAC5-40-5230 B will be acceptable to the board.

3. The provisions of this subsection shall not be applicable to the following:

a. Floating roof tanks having capacities less than 400,000 gallons for crude oil or condensate stored, processed, or treated at a drilling and production facility prior to custody transfer.

b. Floating roof tanks storing waxy, heavy pour crude oil.

4. The owner of a floating roof tank subject to the provisions of subdivision 1 of this subsection shall:

a. Perform routine inspections annually which shall include a visual inspection of the secondary seal gap.

b. When the floating roof is equipped with a vapor-mounted primary seal, measure the secondary seal gap annually in accordance with subdivisions (1) and (2) of this subdivision B 4 b.

(1) Physically measure the length and width of all gaps around the entire circumference of the secondary seal in each place where a 1/8-inch uniform diameter probe passes freely (without forcing or binding against the seal) between the seal and tank wall; and

(2) Sum the area of the individual gaps.

c. Maintain records of the types of petroleum liquids stored, the maximum true vapor pressure of the liquid as stored, and the results of the inspections performed under the provisions of subdivisions a and b of this subdivision B 4.

C. Gasoline bulk loading--bulk terminals.

1. No owner or other person shall cause or permit the discharge into the atmosphere from a bulk gasoline terminal (including any appurtenant equipment necessary to load the tank truck compartments) any volatile organic compound in excess of.67 pounds per 1,000 gallons of gasoline loaded.

2. Achievement of the emission standard in subdivision 1 of this subsection by use of methods in 9VAC5-40-5230 C will be acceptable to the board.

D. Gasoline bulk loading--bulk plants.

1. No owner or other person shall use or permit the use of any bulk gasoline plant (including any appurtenant equipment necessary to load or unload tank trucks and account trucks) unless such plant is equipped with a vapor control system that will remove, destroy, or prevent the discharge into the atmosphere of at least 77% by weight of volatile organic compound emissions.

2. Achievement of the emission standard in subdivision 1 of this subsection by use of methods in 9VAC5-40-5230 D will be acceptable to the board.

3. The provisions of this subsection shall not be applicable to facilities whose average daily throughput of gasoline is less than 4,000 gallons per working day when based on a 30-day rolling average. Average daily throughput means the average daily amount of gasoline pumped at a gasoline dispensing facility during the most recent 30-day period. Average daily throughput shall be calculated for the two most recent consecutive calendar years. If during this two-year period or any period thereafter, the average daily throughput exceeds 4,000 gallons per working day, the facility is no longer exempt from the provisions of subdivision 1 of this subsection.

E. Transfer of gasoline--gasoline dispensing facilities--Stage I vapor control systems.

1. No owner or other person shall transfer or permit the transfer of gasoline from any tank truck into any stationary storage tank unless such tank is equipped with a vapor control system that will remove, destroy, or prevent the discharge into the atmosphere of at least 90% by weight of volatile organic compound emissions.

2. Achievement of the emission standard in subdivision 1 of this subsection by use of methods in 9VAC5-40-5230 E will be acceptable to the board.

3. The provisions of this subsection shall not apply to the following:

a. Transfers made to storage tanks that are either less than 250 gallons in capacity or located at facilities whose average monthly throughput of gasoline is less than 10,000 gallons.

b. Transfers made to storage tanks equipped with floating roofs or their equivalent.

F. Transfer of gasoline--gasoline dispensing facilities--Stage II vapor recovery systems.

1. No owner or other person shall transfer or permit the transfer of gasoline into the fuel tank of any motor vehicle at any affected gasoline dispensing facility unless the transfer is made using a certified Stage II vapor recovery system that is designed, operated, and maintained such that the vapor recovery system removes, destroys, or prevents the discharge into the atmosphere of at least 95% by weight of volatile organic compound emissions.

2. Achievement of the emission standard in subdivision 1 of this subsection by use of methods in 9VAC5-40-5230 F will be acceptable to the board.

3. The affected gasoline facilities shall be in compliance with the emissions standard in subdivision 1 of this subsection according to the following schedule:

a. Facilities which begin actual construction on or after January 1, 1993, must comply upon startup unless the facility can prove it is exempt under the provisions of subdivision 4 of this subsection.

b. Facilities which begin actual construction after November 15, 1990, and before January 1, 1993, must comply by May 15, 1993.

c. Facilities which begin actual construction on or before November 15, 1990, and dispense an average monthly throughput of 100,000 gallons or more of gasoline must comply by November 15, 1993.

d. All other affected facilities which begin actual construction on or before November 15, 1990, must comply by November 15, 1994.

4. The provisions of this subsection shall not apply to the following facilities:

a. Gasoline dispensing facilities with an average monthly throughput of 10,000 gallons or less.

b. Gasoline dispensing facilities owned by independent small business gasoline marketers with an average monthly throughput of 50,000 gallons or less.

c. Gasoline dispensing devices that are used exclusively for refueling marine vehicles, aircraft, farm equipment, and emergency vehicles.

5. Any gasoline dispensing facility subject to the provisions of this subsection shall also comply with the provisions of subsection E of this section (Stage I vapor controls).

6. In accordance with the provisions of AQP-9, Procedures for Implementation of Regulations Covering Stage II Vapor Recovery Systems for Gasoline Dispensing Facilities (see 9VAC5-20-121), owners of affected gasoline dispensing facilities shall:

a. Register the Stage II system with the board and submit Stage II vapor recovery equipment specifications at least 90 days prior to installation of the Stage II vapor recovery system. Owners of gasoline dispensing facilities in existence as of January 1, 1993, shall contact the board by February 1, 1993, and register the Stage II vapor recovery system according to the schedule outlined in AQP-9. Any repair or modification to an existing Stage II vapor recovery system that changes the approved configuration shall be reported to the board no later than 30 days after completion of such repair or modification.

b. Perform tests, before the equipment is made available for use by the public, on the entire Stage II vapor recovery system to ensure the proper functioning of nozzle automatic shut-off mechanisms and flow prohibiting mechanisms where applicable, and perform a pressure decay/leak test, a vapor space tie test, and a liquid blockage test. In cases where use of one of the test methods in AQP-9 is not feasible for a particular Stage II vapor recovery system, the owner may, upon approval of the board, use an alternative test method.

c. No later than 15 days after system testing is completed, submit to the board documentation showing the results of the tests outlined in subdivision 6 b of this subsection.

d. Ensure that the Stage II vapor recovery system is vapor tight by performing a pressure decay/leak test and a liquid blockage test at least every five years, upon major system replacement or modification, or if requested by the board after evidence of a system malfunction which compromises the efficiency of the system.

e. Notify the board at least two days prior to Stage II vapor recovery system testing as required by subdivisions 6 b and 6 d of this subsection.

f. Conspicuously post operating instructions for the vapor recovery system on each gasoline dispensing pump which includes the following information:

(1) A statement, as described in Part III F 1 of AQP-9 (see 9VAC5-20-121), describing the benefits of the Stage II vapor recovery system.

(2) A clear description of how to correctly dispense gasoline with the vapor recovery nozzles.

(3) A warning that repeated attempts to continue dispensing gasoline after the system has indicated that the vehicle fuel tank is full (by automatically shutting off) may result in spillage or recirculation of gasoline.

(4) A telephone number to report problems experienced with the vapor recovery system to the board.

g. Promptly and conspicuously post "Out Of Order" signs on any nozzle associated with any part of the vapor recovery system that is defective if use of that nozzle would allow escape of gasoline vapors to the atmosphere. "Out of order" signs shall not be removed from affected nozzles until said system has been repaired.

h. Provide adequate training and written instructions for facility personnel to assure proper operation of the vapor recovery system.

i. Perform routine maintenance inspections of the Stage II vapor recovery system on a daily and monthly basis and record the monthly inspection results as specified in Part III E of AQP-9 (see 9VAC5-20-121).

j. Maintain records on site, in a form and manner acceptable to the board, of operator training, system registration and equipment approval, and maintenance, repair and testing of the system. Original documents may be maintained at a centralized location only if copies of these documents are maintained on site according to the requirements set forth in AQP-9. Records shall be retained for a period of at least two years, unless specified otherwise, and shall be made immediately available for inspection by the board upon request.

7. The requirements of this subsection shall apply to the localities specified in 9VAC5-40-5200 B 2 until the following dates, after which the decommissioning or maintenance requirements of subdivision 8 or 9 of this subsection shall be followed.

a. For the Northern Virginia Volatile Organic Compound Control Area: January 1, 2014.

b. For the Richmond Volatile Organic Compound Control Area (which shall not include Prince George County and Petersburg City): January 1, 2017.

8. No owner or other person decommissioning any Stage II equipment shall be relieved from the continuing proper operation and maintenance of Stage I vapor control systems. In order to assure the proper operation and maintenance of Stage I equipment, all of the Stage II decommissioning procedures in this subdivision F 8 shall be completed:

a. Notify the board in writing prior to removing or discontinuing all or part of an existing Stage II system. All notifications shall include:

(1) Name, address, contact name, telephone number, and registration number;

(2) Details and cost of project, and the name of the service provider for the project; and

(3) Start date and projected completion date.

A copy of this notification shall be maintained with on-site records.

b. Decommission the discontinued Stage II system or, in the case of removal and replacement of an existing dispenser system, decommission each dispenser system piping in accordance with all applicable steps provided in the Recommended Practices for Installation and Testing of Vapor-Recovery Systems at Vehicle-Fueling Sites, PEI/RP300-09, Petroleum Equipment Institute (PEI) (see 9VAC5-20-21), or an alternative procedure as approved by the board.

c. Notify the board in writing no more than 30 days after decommissioning all or part of a Stage II system. All notifications shall include:

(1) Name, address, contact name, telephone number, and registration number;

(2) Name and telephone number of the qualified technician or qualified service provider or both who decommissioned the Stage II equipment;

(3) Date decommissioning was complete and type of Stage II system;

(4) Steps used in decommissioning or a completed PEI checklist form (Appendix C of PEI/RP300-09);

(5) Copy of pressure decay test conducted after decommissioning was complete; and

(6) Statement from the service provider verifying the storage system has been left in a condition that will reliably prevent the release of any vapors or liquids from any component of the storage system associated with the Stage II system.

A copy of this notification shall be maintained with on-site records.

9. No owner or other person that continues to operate Stage II equipment in lieu of following the decommissioning procedures in subdivision 8 of this subsection shall be relieved from the continuing proper operation and maintenance of the Stage II equipment in compliance with this article.

G. Tank trucks/account trucks and vapor collection systems.

1. No owner or other person shall use or permit the use of any tank truck or account truck that is loaded or unloaded at facilities subject to the provisions of subsection C, D, or E of this section unless such truck is designed, maintained, and certified to be vapor tight. In addition, there shall be no avoidable visible liquid leaks. Invariably there will be a few drops of liquid from disconnection of dry breaks in liquid lines even when well maintained; these drops are allowed.

2. Vapor-laden tank trucks or account trucks exclusively serving facilities subject to subsection D or E of this section may be refilled only at facilities in compliance with subsection C of this section.

3. Tank truck and account truck hatches shall be closed at all times during loading and unloading operations (periods during which there is liquid flow into or out of the truck) at facilities subject to the provisions of subsection C, D, or E of this section.

4. During loading or unloading operations at facilities subject to the provisions of subsection C, D, or E of this section, there shall be no volatile organic compound concentrations greater than or equal to 100% of the lower explosive limit (LEL, measured as propane) at 2.5 centimeters around the perimeter of a potential leak source as detected by a combustible gas detector. In addition, there shall be no avoidable visible liquid leaks. Invariably there will be a few liquid drops from the disconnection of well-maintained bottom loading dry breaks and the raising of well-maintained top loading vapor heads; these few drops are allowed. The vapor collection system includes all piping, seals, hoses, connection, pressure-vacuum vents, and other possible leak sources between the truck and the vapor disposal unit and between the storage tanks and vapor recovery unit.

5. The vapor collection and vapor disposal equipment must be designed and operated to prevent gauge pressure in the tank truck from exceeding 18 in H₂0 and prevent vacuum from exceeding 6 in H₂0.

6. Testing to determine compliance with subdivision 1 of this subsection shall be conducted and reported and data shall be reduced as set forth in procedures approved by the board using test methods specified there. All tests shall be conducted by, or under the direction of, a person qualified by training or experience in the field of air pollution testing, or tank truck maintenance and testing and approved by the board.

7. Monitoring to confirm the continuing existence of leak tight conditions specified in subdivision 4 of this subsection shall be conducted as set forth in procedures approved by the board using test methods specified there.

8. Owners of tank trucks and account trucks subject to the provisions of subdivision 1 of this subsection shall certify each year that the trucks are vapor tight in accordance with test procedures specified in subdivision 6 of this subsection. Trucks that are not vapor tight must be repaired within 15 days of the test and be tested and certified as vapor tight.

9. Each truck subject to the provisions of subdivision 1 of this subsection shall have information displayed on the tank indicating the expiration date of the certification and such other information as may be needed by the board to determine the validity of the certification. The means of display and location of this information shall be in a manner acceptable to the board.

10. An owner of a vapor collection/control system shall repair and retest the system within 15 days of the testing, if it exceeds the limit specified in subdivision 4 of this subsection.

11. The owner of a tank/account truck or vapor collection/control system or both subject to the provisions of this section shall maintain records of all certification testing and repairs. The records must identify the tank/account truck, vapor collection system, or vapor control system; the date of the test or repair; and, if applicable, the type of repair and the date of retest. The records must be maintained in a legible, readily available condition for at least two years after the date testing or repair was completed.

12. The records of certification tests required by subdivision 11 of this subsection shall, as a minimum, contain the following:

a. The tank/account truck tank identification number;

b. The initial test pressure and the time of the reading;

c. The final test pressure and the time of the reading;

d. The initial test vacuum and the time of the reading;

e. The final test vacuum and the time of the reading; and

f. Name and the title of the person conducting the test.

13. Copies of all records and reports required by this section shall immediately be made available to the board, upon verbal or written request, at any reasonable time.

14. The board may, at any time, monitor a tank/account truck, vapor collection system, or vapor control system by the method referenced in subdivision 6 or 7 of this subsection to confirm continuing compliance with subdivision 1 or 4 of this subsection.

15. If, after over one year of monitoring (i.e., at least two complete annual checks), the owner of a truck subject to the provisions of subdivision 6 of this subsection feels that modification of the requirements are in order, the owner may request in writing to the board that a revision be made. The request should include data that have been developed to justify any modifications in the monitoring schedule. On the other hand, if the board finds an excessive number of leaks during an inspection, or if the owner finds an excessive number of leaks during scheduled monitoring, consideration shall be given to increasing the frequency of inspection.