§ 129.61a. Vapor leak monitoring procedures and other requirements for small gasoline storage tank emission control.
(a) Applicability. Beginning March 26, 2022, this section applies to the owner and operator of a gasoline storage tank subject to § 129.61 (relating to small gasoline storage tank control (Stage I control)) if the gasoline storage tank is located in Allegheny, Armstrong, Beaver, Bucks, Butler, Chester, Delaware, Fayette, Montgomery, Philadelphia, Washington or Westmoreland County and, if one of the following is met:
(1) Except as specified in paragraph (2), the gasoline dispensing facility has had a monthly throughput greater than 10,000 gallons (37,850 liters) of gasoline assessed on December 31 annually, beginning with the 2021 calendar year.
(2) The owner or operator of the gasoline dispensing facility is an independent small business marketer of gasoline as defined under section 324(c) of the Clean Air Act (42 U.S.C.A. § 7625(c)) and the gasoline dispensing facility has had a monthly throughput equal to or greater than 50,000 gallons (189,250 liters), assessed on December 31 annually beginning with the 2021 calendar year.
(3) The monthly throughput of the gasoline dispensing facility exceeds the applicable monthly throughput threshold of paragraph (1) or paragraph (2) at any time after March 26, 2022, but later falls below the applicable monthly throughput threshold of paragraph (1) or paragraph (2). The owner and operator of the gasoline dispensing facility remain subject to the applicable requirements of this section for the gasoline dispensing facility, even after the monthly throughput falls below the applicable monthly throughput threshold of paragraph (1) or paragraph (2).
(b) CARB vapor recovery test procedures. The following are the CARB vapor recovery test procedures specified in this section:
(1) CARB TP-201.1E—‘‘Leak Rate and Cracking Pressure of Pressure/Vacuum Vent Valves,’’ adopted October 8, 2003, including updates and revisions.
(2) CARB TP-201.3—‘‘Determination of 2 Inch WC Static Pressure Performance of Vapor Recovery Systems of Dispensing Facilities,’’ adopted April 12, 1996, and amended March 17, 1999, and July 26, 2012, including updates and revisions.
(3) CARB TP-201.3C—‘‘Determination of Vapor Piping Connections to Underground Gasoline Storage Tanks (Tie-Tank Test),’’ adopted March 17, 1999, including updates and revisions.
(4) CARB TP-201.1B—‘‘Static Torque of Rotatable Phase I Adaptors,’’ adopted July 3, 2002, and amended October 8, 2003, including updates and revisions.
(c) Vapor leak rate monitoring procedures. The owner or operator of a gasoline dispensing facility subject to this section shall monitor the gasoline dispensing facility Stage I vapor recovery system piping for vapor leaks in one of the following ways:
(1) Perform specified test procedures under subsection (d).
(2) Perform continuous monitoring under subsections (e), (h), (i) and (j).
(d) Vapor leak rate monitoring using specified test procedures. The owner or operator of a gasoline dispensing facility monitoring the gasoline dispensing facility Stage I vapor recovery system piping for vapor leaks under subsection (c)(1) shall do all of the following:
(1) Conduct each of the CARB TP-201.1E, CARB TP-201.3 and CARB TP-201.3C test procedures at least once in every 12-month period. Also, if the Stage I vapor recovery system is equipped with a rotatable adaptor, conduct a CARB TP-201.1B test procedure once in every 12-month period.
(i) These four test procedures may be conducted simultaneously, consecutively or separately at different times during the 12-month period.
(ii) Repair to a component on, or correction to, the Stage I vapor recovery system may not be made on the day of the CARB TP-201.3 or CARB TP-201.3C test procedure prior to completion of the test procedure.
(iii) Repair to a component on, or correction to, the Stage I vapor recovery system must be made within 10 days following a failed CARB TP-201.1E, CARB TP-201.3, CARB TP-201.1B or CARB TP-201.3C test procedure.
(iv) If a repair to a component on, or correction to, the Stage I vapor recovery system is made to pass the CARB TP-201.3 test procedure, then the CARB TP-201.3 test procedure must be conducted once in every 6-month period. The first test procedure conducted under this subparagraph must be conducted in the month that the repair to a component on, or correction to, the Stage I system is made under subparagraph (iii). The once-in-every-12-month period CARB TP-201.3 test procedure may resume when two consecutive once-in-every-6-month period CARB TP-201.3 test procedures do not reveal a failure requiring repair or correction.
(v) Perform CARB TP-201.1E, CARB TP-201.3, CARB TP-201.3C AND CARB TP-201.1B on or before March 26, 2023, and on an annual basis thereafter.
(2) Record all of the following information, as applicable, for each test procedure performed under paragraph (1):
(i) The name of the test procedure.
(ii) The name of the person performing the test procedure.
(iii) The date the test procedure was performed.
(iv) The result of the test procedure.
(v) The date, time, type and duration of the vapor leak rate failure.
(vi) The name of the person correcting the vapor leak rate failure.
(vii) The date the vapor leak rate failure was corrected.
(viii) The action taken to correct the vapor leak rate failure.
(e) Continuous vapor leak rate monitoring. The owner or operator of a gasoline dispensing facility that is continuously monitoring the gasoline dispensing facility Stage I vapor recovery system piping for vapor leaks under subsection (c)(2) shall design, install, operate and maintain both of the following:
(1) A Stage I enhanced vapor recovery system for which a CARB Executive Order is issued, is valid at the time of installation and remains valid during the operation of the Stage I enhanced vapor recovery system.
(2) A continuous pressure monitoring system as identified in Exhibit 1 Section II, Exhibit 2 Section II and Exhibit 3 Section II of CARB Executive Order VR-202-R, ‘‘Relating to Certification of Vapor Recovery Systems Assist Phase II Enhanced Vapor Recovery (EVR) System including In-Station Diagnostics (ISD),’’ dated December 8, 2014 including updates and revisions. The continuous pressure monitoring system must meet all of the following:
(i) Include a console, a vapor pressure sensor, an automatic gasoline storage tank system pressure gauge and vapor leak rate detection software.
(ii) Operate at least 95% of the time on a calendar-month basis.
(iii) Calculate and record the percentage of continuous pressure monitoring system operational time.
(iv) Measure once every 7 days the vapor leak rate from the gasoline storage tank system at any working ullage pressure, both positive and negative.
(v) Measure the gasoline storage tank system pressure once every 7 days.
(vi) Record once every 7 days, with not more than 7 days between recordings, the calculated percentage of time that the gasoline storage tank system pressure is at least 0.5 inches of water column below the positive cracking pressure of the pressure/vacuum vent valve.
(f) Stage I vapor recovery system installation requirements. The owner or operator of a gasoline dispensing facility subject to this section that installs a Stage I vapor recovery system shall do all of the following:
(1) Perform, and ensure that the Stage I vapor recovery system passes, all of the following CARB vapor leak rate monitoring test procedures within 10 days of installation of the Stage I vapor recovery system:
(i) CARB TP-201.1B if the Stage I vapor recovery system is equipped with a rotatable adaptor.
(ii) CARB TP-201.1E.
(iii) CARB TP-201.3.
(iv) CARB TP-201.3C.
(2) Record all of the following information, as applicable, for each test procedure performed under paragraph (1):
(i) The completion date of installation of the Stage I vapor recovery system.
(ii) The name of the test procedure.
(iii) The name of the person performing the test procedure.
(iv) The date the test procedure was performed.
(v) The result of the test procedure.
(vi) The date, type and duration of a vapor leak rate failure.
(vii) The name of the person correcting the vapor leak rate failure.
(viii) The date the vapor leak rate failure was corrected.
(ix) The action taken to correct the vapor leak rate failure.
(3) Maintain onsite at the gasoline dispensing facility or electronically stored allowing for onsite examination a copy of the CARB Executive Order specified in subsection (e)(1).
(4) Install and maintain a pressure/vacuum vent valve on each atmospheric vent of the underground storage tank.
(g) Monitoring the condition of the Stage I vapor recovery system components and other gasoline dispensing components. The owner or operator of a gasoline dispensing facility with a Stage I vapor recovery system shall monitor the condition of the Stage I vapor recovery system components and other gasoline dispensing components in accordance with all of the following, as applicable:
(1) Perform an inspection after each gasoline tank truck delivery to check all of the following:
(i) That each fill pipe adaptor and Stage I adaptor is tightly sealed.
(ii) That each Stage I dry break is tightly sealed.
(iii) That each automatic tank gauge cap is tightly sealed.
(2) Perform an inspection one time per month to check all of the following:
(i) That each automatic tank gauging electrical grommet and vent extractor cap is in good working order.
(ii) That the riser and pressure/vacuum vent valve and cap are installed and not damaged above ground level.
(iii) That there are no tears or holes in gasoline hoses.
(iv) That gasoline nozzles are functioning according to their design.
(v) That gasoline hoses are not touching the ground when the nozzle is resting on its holding bracket.
(vi) That each gasoline nozzle fits in its holding bracket.
(vii) If a Stage II vapor balance vapor recovery system is installed, that a face plate can make a positive seal.
(viii) If a Stage II vapor balance vapor recovery system is installed, that the bellows are free of tears and holes.
(3) Make the needed correction to the Stage I system under paragraph (1) or make the needed repair to a failed component under paragraphs (1) and (2) as soon as possible before the next scheduled monthly inspection.
(4) Record all of the following information, as applicable, for each monitoring inspection conducted under paragraphs (1) and (2) and for each correction to the Stage I system or repair to a failed component made under paragraph (3):
(i) The name of the person performing the inspection.
(ii) The component inspected under paragraphs (1) and (2).
(iii) The date the inspection was performed.
(iv) The result of each inspection of the components under paragraphs (1) and (2).
(v) The name of the person making the correction to the Stage I system or the repair to a failed component.
(vi) The date the correction was made to the Stage I system or the repair was made to the failed component.
(vii) The action taken to correct the Stage I system or to repair the failed component.
(h) Vapor leak rate of the gasoline storage tank system. The owner or operator of a gasoline dispensing facility that is monitoring the vapor leak rate of the gasoline storage tank system with a continuous pressure monitoring system under subsection (c)(2) shall do all of the following:
(1) Maintain the gasoline storage tank system at a vapor leak rate less than two times the allowed vapor leak rate.
(i) The allowed vapor leak rate must be determined under CARB TP-201.3.
(ii) Equation 9-2 with N=1-6 from CARB TP-201.3 must be used to determine the allowed vapor leak rate.
(2) Generate a report in electronic format once per day for the previous calendar day. The report must record the following:
(i) Continuous pressure monitoring system operational time as a percentage.
(ii) Percentage of time the tank system pressure is above atmospheric pressure.
(iii) Percentage of time the tank system pressure is at least 0.5 inches water column below the positive cracking pressure of the pressure/vacuum vent valve.
(3) Generate a report in electronic format by the 15th of the month for the previous calendar month which records the following:
(i) Continuous pressure monitoring system operational time as a percentage.
(ii) Percentage of time the tank system pressure is above atmospheric pressure.
(iii) Percentage of time the tank system pressure is at least 0.5 inches water column below the positive cracking pressure of the pressure/vacuum vent valve.
(iv) Warnings generated when the gasoline storage tank system vapor leak rate equals or exceeds two times the allowed vapor leak rate determined under subparagraph (1), including the date and time of each warning.
(4) Store the electronic records of the reports generated in paragraphs (2) and (3) in a manner to maintain the records despite loss of power to the continuous pressure monitoring system.
(5) Follow the applicable procedures of subsections (i) and (j) if the gasoline storage tank system vapor leak rate equals or exceeds two times the allowed vapor leak rate determined under paragraph (1).
(6) Perform, and ensure that the continuous pressure monitoring system passes, the continuous pressure monitoring system operability test as specified in Exhibit 9 or Exhibit 10, as applicable, of CARB Executive Order VR-202-R, one time every 3 years after the date the continuous pressure monitoring system is installed.
(7) Record all of the following information for the continuous pressure monitoring system operability test specified in paragraph (6):
(i) The name of the person performing the test.
(ii) The date the test was performed.
(iii) The result of the test.
(8) If the continuous pressure monitoring system fails the operability test required under paragraph (6), the owner or operator shall repair and retest the continuous pressure monitoring system under paragraph (6) within 10 days.
(9) If the continuous pressure monitoring system fails the operability test required under paragraph (6), record all of the following information:
(i) The name of the person recording the operability test failure.
(ii) The date and time the continuous pressure monitoring system failed the operability test.
(iii) The type and duration of the operability test failure.
(iv) The name of the person correcting the operability test failure.
(v) The date the repair was made to correct the operability test failure.
(vi) The action taken to correct the operability test failure.
(10) Maintain the records required under paragraphs (7) and (9), as applicable, onsite at the gasoline dispensing facility or electronically stored allowing for onsite examination for 6 years.
(i) First exceedance of the allowed vapor leak rate. If the gasoline storage tank system vapor leak rate equals or exceeds two times the allowed vapor leak rate determined under subsection (h)(1), then all of the following must occur:
(1) The continuous pressure monitoring system must activate a warning alarm and record the event.
(2) The owner or operator shall do all of the following:
(i) Determine the cause of the failure and take corrective action within 7 calendar days of the alarm. If this correction does not require a repair or correction to the gasoline storage tank system, the person correcting the cause of the failure need not meet the certification requirements under subsection (q).
(ii) Reset the continuous pressure monitoring system when the correction under subparagraph (i) is made.
(iii) Record all of the following information, as applicable, for the exceedance:
(A) The name of the person recording the vapor leak rate failure.
(B) The date and time the continuous pressure monitoring system indicated a vapor leak rate failure.
(C) The type and duration of the vapor leak rate failure.
(D) The name of the person correcting the vapor leak rate failure.
(E) The date the vapor leak rate failure was corrected.
(F) The action taken to correct the vapor leak rate failure.
(iv) Record the date, time, duration and reason for a warning alarm that did not indicate a vapor leak rate failure.
(j) Second exceedance of the allowed vapor leak rate. Following the action taken to correct the cause of the failure under subsection (i)(2)(i), the continuous pressure monitoring system must recommence monitoring the gasoline storage tank system. If the gasoline storage tank system vapor leak rate equals or exceeds two times the allowed vapor leak rate within 7 calendar days following the correction made under subsection (i)(2)(i), then all of the following must occur:
(1) The continuous pressure monitoring system must activate a warning alarm and record the event.
(2) The owner or operator of the gasoline dispensing facility shall do all of the following:
(i) Reset the continuous pressure monitoring system as soon as the vapor leak rate failure is corrected.
(ii) Determine the cause of the failure and take corrective action within 7 calendar days of the alarm.
(A) The person correcting a failure to the gasoline storage tank system must meet the certification requirements under subsection (q).
(B) The person correcting a failure to the continuous pressure monitoring system must meet the certification requirements under subsection (q) or must be authorized to make repairs by the continuous pressure monitor manufacturer.
(iii) Record all of the following information, as applicable, for the exceedance:
(A) The name of the person recording the vapor leak rate failure.
(B) The date and time the continuous pressure monitoring system indicated a vapor leak rate failure.
(C) The type and duration of the vapor leak rate failure.
(D) The name of the person correcting the vapor leak rate failure.
(E) The date the vapor leak rate failure was corrected.
(F) The action taken to correct the vapor leak rate failure.
(k) Low permeation hoses and enhanced conventional nozzles. An owner or operator of a gasoline dispensing facility that is subject to this section and does not have a Stage II vapor recovery system shall do all of the following:
(1) Install and maintain low permeation hoses on each gasoline dispenser at the gasoline dispensing facility as follows:
(i) For a gasoline dispensing facility in operation on or before March 26, 2022, install low permeation hoses by March 26, 2024, on each gasoline dispenser that is located at the gasoline dispensing facility as of March 26, 2022.
(ii) For a gasoline dispenser installed after March 26, 2022, install low permeation hoses described in subparagraph (iv) upon installation of the gasoline dispenser.
(iii) For a gasoline dispensing facility that begins operation after March 26, 2022, install low permeation hoses described in subparagraph (iv) upon installation of each gasoline dispenser.
(iv) For subparagraphs (i) through (iii), the owner or operator may only install low permeation hoses that are included by the CARB Executive Officer on the Exhibit 1 ‘‘Component List’’ in CARB Executive Order NVR-1-D, ‘‘Relating to Certification of Non-Vapor Recovery Hoses and Enhanced Conventional Nozzles, For Use at Gasoline Dispensing Facilities with No Phase II Vapor Recovery Systems,’’ executed March 1, 2019, including updates and revisions.
(2) Install and maintain enhanced conventional nozzles on each gasoline dispenser as follows:
(i) The owner or operator shall replace each conventional nozzle with an enhanced conventional nozzle within 2 years after the Department publishes notice in the Pennsylvania Bulletin of the CARB Executive Officer having issued an Executive Order of Certification to a second manufacturer for an enhanced conventional nozzle.
(ii) For a gasoline dispenser installed at the gasoline dispensing facility after the Department publishes the Pennsylvania Bulletin notice referenced in subparagraph (i), the owner or operator of the gasoline dispensing facility shall install enhanced conventional nozzles.
(iii) For a gasoline dispensing facility that begins operating after the Department publishes the notice in the Pennsylvania Bulletin referenced in subparagraph (i), the owner or operator of the gasoline dispensing facility shall install enhanced conventional nozzles on each gasoline dispenser.
(iv) For subparagraphs (i) through (iii), the owner or operator may only install enhanced conventional nozzles that are included by the CARB Executive Officer on the Exhibit 1 ‘‘Component List’’ in CARB Executive Order NVR-1-D, ‘‘Relating to Certification of Non-Vapor Recovery Hoses and Enhanced Conventional Nozzles, For Use at Gasoline Dispensing Facilities with No Phase II Vapor Recovery Systems,’’ executed March 1, 2019, including updates and revisions.
(l) Additional requirements for gasoline dispensing facilities. The owner or operator of a gasoline dispensing facility subject to this section shall do all of the following:
(1) Provide necessary maintenance and make modifications to the vapor control system of the gasoline dispensing facility necessary to comply with the applicable requirements of this section.
(2) Provide adequate training and written instructions to the operator of the gasoline dispensing facility to ensure proper operation of the vapor control system.
(3) Maintain onsite at the gasoline dispensing facility or electronically stored allowing for onsite examination a copy of the training schedule and written instructions required under paragraph (2).
(4) Immediately remove from service and tag a defective nozzle or other component of the gasoline dispensing system until the defective component is replaced or repaired.
(i) A component removed from service may not be returned to service until the defect is corrected.
(ii) If the Department finds during an inspection that a defective nozzle or other component of the gasoline dispensing system is not properly tagged, the component may not be returned to service until the defect is corrected and the Department approves its return to service.
(5) Conspicuously post the operating instructions for the gasoline dispensing system in the gasoline dispensing area. The operating instructions must include, at a minimum, all of the following information:
(i) A clear description of how to correctly dispense gasoline with the nozzles used at the site.
(ii) A warning that continued attempts to dispense gasoline after the gasoline dispensing system indicates that the motor vehicle fuel tank is full may result in spillage and contamination of the air or water or recirculation of the gasoline into the vapor recovery system.
(iii) A telephone number, email address or social media account established by the Department for the public to use to report problems experienced with the gasoline dispensing system.
(m) Recordkeeping and reporting requirements. The owner or operator of a gasoline dispensing facility subject to this section that creates a record under subsection (d)(2), (f)(2), (g)(4), (h)(4), (h)(10), (i)(2)(iii) or (j)(2)(iii) shall do both of the following:
(1) Maintain the required records onsite at the gasoline dispensing facility or electronically stored allowing for onsite examination for 2 years, unless specified otherwise in this section or unless a longer period is required under Chapter 127 (relating to construction, modification, reactivation and operation of sources) or a plan approval, operating permit, consent decree or order issued by the Department.
(2) Submit the records to the Department in an acceptable format upon receipt of a request from the Department.
(n) Record certifying the Stage I enhanced vapor recovery system. An owner or operator proceeding under subsection (c)(2) shall maintain onsite at the gasoline dispensing facility or electronically stored allowing for onsite examination a copy of the valid CARB Executive Order required under subsection (e)(1) for the duration of the operation of the Stage I enhanced vapor recovery system. The copy must be made available to the Department upon receipt of a request.
(o) Record certifying the low permeation hoses and enhanced conventional nozzles. The owner or operator shall maintain onsite at the gasoline dispensing facility or electronically stored allowing for onsite examination a copy of the CARB Executive Order required under subsection (k)(1) and (2) for the duration of the use of the low permeation hoses and enhanced conventional nozzles, respectively. The copy must be made available to the Department upon receipt of a request.
(p) Record of training schedule and written instructions. The owner or operator shall maintain onsite at the gasoline dispensing facility or electronically stored allowing for onsite examination a copy of the training schedule and written instructions required under subsection (l)(2) for the duration of the operation of the vapor control system. The copy must be made available to the Department upon receipt of a request.
(q) Certification requirements for a person who performs underground storage tank system installation or modification work.
(1) The owner and operator of a gasoline dispensing facility subject to this section shall ensure that a person who performs underground storage tank system installation or modification work under this section is appropriately certified for the work they perform, as follows:
(i) The person must be a certified UMI or UMX storage tank installer under Chapter 245, Subchapter A (relating to general provisions).
(ii) The person must comply with the applicable requirements of Chapter 245, Subchapter B (relating to certification program for installers and inspectors of storage tanks and storage tank facilities).
(2) A person only performing a test specified under subsection (b) is not required to be certified under this subsection.
Authority The provisions of this § 129.61a added under section 5(a)(1) and (8) of the Air Pollution Control Act (35 P.S. § 4005(a)(1) and (8)).
Source The provisions of this § 129.61a added March 25, 2022, effective March 26, 2022, 52 Pa.B. 1875.
Cross References This section cited in 25 Pa. Code § 129.61 (relating to small gasoline storage tank control (Stage I control)); 25 Pa. Code § 129.82 (relating to control of VOCs from gasoline dispensing facilities (Stage II)); 25 Pa. Code § 129.82a (relating to requirements to decommission a Stage II vapor recovery system); and 25 Pa. Code § 129.111 (relating to applicability).
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