The proposed rule involves amendments to Chapter 62-252, F.A.C., to revise requirements for gasoline vapor control from gasoline dispensing facilities, and tanker trucks and trailers. The proposed rule would eliminate Stage II vapor recovery ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO: RULE TITLE
62-252.200: Definitions
62-252.300: Gasoline Dispensing Facilities - Stage I Vapor Recovery
62-252.400: Gasoline Dispensing Facilities - Stage II Vapor Recovery
62-252.500: Gasoline Tanker Trucks
62-252.900: Form
PURPOSE AND EFFECT: The proposed rule involves amendments to Chapter 62-252, F.A.C., to revise requirements for gasoline vapor control from gasoline dispensing facilities, and tanker trucks and trailers. The proposed rule would eliminate Stage II vapor recovery requirements for new and upgraded gasoline dispensing facilities in Miami-Dade, Broward and Palm Beach counties and phase out Stage II vapor recovery requirements for existing facilities in those counties. The proposed rule would also apply Stage I vapor recovery requirements statewide to new and upgraded gasoline dispensing facilities, and phase in Stage I vapor control requirements statewide for gasoline dispensing facilities. This rulemaking is being conducted in conjunction with proposed amendments to Chapters 62-210 and 62-296, F.A.C., on the subject of gasoline vapor control.
SUMMARY: The proposed rule amendments address air pollution regulatory requirements statewide for gasoline dispensing facilities and tanker trucks and trailers.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 403.061 FS.
LAW IMPLEMENTED: 403.021, 403.031, 403.061, 403.087 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: Wednesday, April 11, 2007, 10:00 a.m.
PLACE: Florida Department of Environmental Protection, Division of Air Resource Management, 111 South Magnolia Drive, Suite 23, Directors Conference Room, Tallahassee, Florida
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 48 hours before the workshop/meeting by contacting: Ms. Lynn Scearce at [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Ms. Terri Long at [e-mail], phone [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

62-252.200 Definitions.

The following words and phrases when used in this chapter shall, unless the context content clearly indicates otherwise, have the following meanings:

(1) through (2) No change.

(3) “Gasoline Cargo Tank” – A delivery tanker truck, trailer, or railcar that is loading or unloading gasoline.

(4)(3) “Gasoline Dispensing Facility” – Any stationary facility that dispenses gasoline directly into the fuel tank of a site where gasoline is dispensed to motor vehicle gasoline tanks from stationary storage tanks.

(4) through (8) renumbered (5) through (9) No change.

(10)(9) “Stage I Vapor Recovery System” – A system that captures and transfers gasoline vapors, which are generated by the transfer of gasoline from a gasoline cargo tank delivery vessel to a gasoline dispensing facility’s stationary storage tanks, into a vapor‑tight gasoline cargo tank delivery vessel through direct displacement caused by the gasoline being loaded.

(11)(10) “Stage II Vapor Recovery System” – A system that captures and transfers gasoline vapors, which are generated during motor vehicle refueling, into a gasoline dispensing facility’s stationary storage tanks.

(12)(11) “Submerged Filling” – The filling of a gasoline cargo tank or a stationary storage tank through an internal fill pipe whose discharge is no more than six (6) inches from the bottom of the tank. Bottom filling of gasoline cargo tanks or stationary storage tanks is included in this definition.

The filling of a tanker truck or gasoline dispensing facility storage tank as follows:

(a) Tanker Truck: Filling with a drop tube which extends within six inches of the bottom of the compartment or through a nozzle installed at or within six inches of the bottom.

(b) Gasoline Dispensing Facility with Underground Tank: Filling with a drop tube or pipe which extends to within six inches of the tank bottom.

(c) Gasoline Dispensing Facility with Side‑Loaded Tank: Filling through a fill pipe which has its discharge opening completely submerged when the liquid level in the tank is 18 inches above the bottom of the tank.

(13)(12) No change.

Specific Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.100, Amended 2-2-93, Formerly 17-252.200, Amended________.

 

62-252.300 Gasoline Dispensing Facilities – Stage I Vapor Recovery.

(1) Applicability. The emission limiting standards and control technology requirements as set forth in of this rule section shall apply to:

(a) All gasoline dispensing facilities with a monthly gasoline throughput of 20,000 gallons (75,700 liters) or more located in any area designated as a nonattainment area or air quality maintenance area for ozone under Rule 62-204.340 275, F.A.C.; and.

(b) All gasoline dispensing facilities which are subject to the Stage II vapor recovery requirements of Rule 62-252.400, F.A.C.;

(c) All gasoline dispensing facilities in the state with a monthly throughput of 10,000 gallons (37,850 liters) or more that begin operation on or after August 1, 2007;

(d) All gasoline dispensing facilities in the state with a monthly throughput of 10,000 gallons (37,850 liters) or more that are not otherwise subject to this rule pursuant to paragraphs 62-252.300(1)(a), (b), or (c), F.A.C., and whose storage tanks are upgraded or replaced to meet the secondary containment requirements for integral piping in Rule 62-761.510, F.A.C., and are returned to operation on or after August 1, 2007; and

(e) All gasoline dispensing facilities in the state with a monthly throughput of 10,000 gallons (37,850 liters) or more that are not otherwise subject to this rule pursuant to paragraphs 62-252.300(1)(a), (b), (c), or (d), F.A.C.

(2) Prohibition. No owner or operator of a any delivery vessel or gasoline dispensing facility subject to the provisions of this section shall transfer or cause or allow the transfer of gasoline from any gasoline cargo tank such delivery vessel into any stationary storage tank located at any such gasoline dispensing facility unless the stationary storage tank is equipped for submerged filling and the vapors displaced from the storage tank during filling are processed by a Stage I vapor recovery system in accordance with subsection Rule 62-252.300(3), F.A.C.

(3) Control Technology Requirements.

(a) The Stage I vapor recovery system required by this rule section subsection shall include one or more of the following control methods:

1. A vapor‑tight line from the storage tank to the delivery vessel and a system that will ensure the vapor line is connected before gasoline can be transferred into the tank; or,

2. A system conforming with the equipment specifications of the U.S. Environmental Protection Agency EPA document, “Design Criteria for Stage I Vapor Control Systems – Gasoline Service Stations,” dated November 1975, with the exception of Attachment A, hereby adopted and incorporated by reference which will not allow emissions of volatile organic compounds in the displaced vapor at a rate greater than 80 mg/liter of gasoline (4.7 grains/gallon) transferred.

(b) The Stage I vapor recovery system piping shall include pressure-vacuum vents and be leak-tight. The vapor‑laden delivery vessel shall be subject to the following conditions:

1. The delivery vessel shall be designed and maintained to be vapor‑tight at all times except for normal pressure vacuum venting as required by the Federal Department of Transportation or for maintenance, inspection, or gauging.

2. The vapor‑laden delivery vessel shall be refilled only at a bulk gasoline plant or terminal complying with Rule 62-296.509 or 62-296.510, F.A.C.

(4) Compliance Schedules. Any gasoline dispensing facility that becomes subject to the Stage I vapor recovery requirements of this rule by virtue of the 10,000‑gallon Stage II applicability threshold of Rule 62-252.400, F.A.C., shall install a Stage I vapor recovery system no later than the date by which it must install a Stage II vapor recovery system pursuant to Rule 62-252.400, F.A.C.

(a) Owners and operators of gasoline dispensing facilities subject to this rule pursuant to paragraph 62-252.300(1)(a), F.A.C., shall continue to operate and maintain their Stage I vapor recovery systems in compliance with this rule.

(b) Owners and operators of gasoline dispensing facilities subject to this rule pursuant to paragraph 62-252.300(1)(b), F.A.C., shall continue to operate and maintain their Stage I vapor recovery systems in compliance with this rule.

(c) Owners and operators of gasoline dispensing facilities subject to this rule pursuant to paragraph 62-252.300(1)(c), F.A.C., shall install Stage I vapor recovery systems prior to beginning operation and thereafter operate and maintain such systems in compliance with this rule.

(d) Owners and operators of gasoline dispensing facilities subject to this rule pursuant to paragraph 62-252.300(1)(d), F.A.C., shall install Stage I vapor recovery systems at the time of upgrade or replacement of the stationary storage tanks and thereafter operate and maintain such systems in compliance with this rule.

(e) Owners and operators of gasoline dispensing facilities subject to this rule pursuant to paragraph 62-252.300(1)(e), F.A.C., shall install Stage I vapor recovery systems by January 1, 2010, and thereafter operate and maintain such systems in compliance with this rule.

Specific Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.650(1)(f)11., Amended 2-2-93, Formerly 17-252.300, Amended________.

 

62-252.400 Gasoline Dispensing Facilities – Stage II Vapor Recovery.

(1) Applicability.

(a) The control technology requirements set forth in this rule section shall apply to all gasoline dispensing facilities located in Broward, Miami-Dade and Palm Beach counties that which have dispensed 10,000 gallons (37,850 liters) or more of gasoline in any one month during or after 1991, unless the owner of any such facility demonstrates to the Department that it is an independent small business marketer of gasoline and has dispensed less than 50,000 gallons (189,250 liters) of gasoline in every month during and after 1991, or unless the facility is exempt from the control technology requirements of this rule pursuant to paragraph 62-252.400(1)(b), (c) or (d), F.A.C.

(b) Gasoline dispensing facilities at which the storage tanks or integral piping are upgraded or replaced to meet the secondary containment requirements of Rule 62-761.510, F.A.C., and are returned to operation on or after May 15, 2007, shall not be required to install, operate, test or maintain Stage II vapor recovery systems after such upgrade or replacement.

(c) Gasoline dispensing facilities that have not been required to install Stage II vapor recovery systems through a variance issued by the Department prior to May 15, 2007, shall not be required to install, operate, test or maintain Stage II vapor recovery systems.

(d) Gasoline dispensing facilities that begin operation on or after May 15, 2007, shall not be required to install, operate, test, or maintain Stage II vapor recovery systems.

(2) Prohibition.

(a) No owner or operator of a gasoline dispensing facility subject to the provisions of this section shall transfer, allow the transfer, or provide equipment for the transfer of gasoline to a vehicular fuel tank unless the facility is equipped with a Stage II vapor recovery system that which complies with the control technology requirements of subsection Rule 62-252.400(3), F.A.C., and the system is properly used as designed during the transfer.

(b) Any gasoline dispensing facility that was required to have a Stage II vapor recovery system pursuant to this rule prior to May 15, 2007, shall operate and maintain the system through December 31, 2009, except as provided at paragraph 62-252.400(1)(b), F.A.C.

(c) Any gasoline dispensing facility that ceases to operate and maintain its Stage II vapor recovery system pursuant to the rule shall decommission the system in such a manner as to seal and eliminate all areas of possible liquid and vapor leakage.

(3) No change.

(4) Compliance Schedules.

(a) through (c) No change.

(d) Any gasoline dispensing facility that which commences construction or undertakes a significant modification after November 15, 1992, must install a Stage II vapor recovery system prior to dispensing 10,000 gallons or more in any one month, except as otherwise provided at subsection 62-252.400(1), F.A.C.

(5) through (8) No change.

Specific Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–New 2-2-93, Formerly 17-252.400, Amended 11-23-94,_________.

 

62-252.500 Gasoline Tanker Trucks or Trailers.

(1) Applicability. All gasoline tanker trucks or trailers are subject to the prohibitions of subsection Rule 62-252.500(2), F.A.C. In addition, all gasoline tanker trucks or trailers with a delivery-vessel capacity of more than 4,500 gallons are subject to the leak testing requirements of subsection Rule 62-252.500(3), F.A.C.

(2) Prohibitions.

(a) No gasoline tanker truck or trailer shall be filled at any bulk gasoline plant or bulk gasoline terminal required by the Department to have a vapor recovery system, unless the delivery vessel of the tanker truck or trailer is equipped to receive gasoline by means of submerged filling.

(b) No gasoline tanker truck or trailer shall be used to deliver gasoline to one or more gasoline dispensing facilities whose stationary storage tanks are equipped with subject to the Stage I vapor recovery systems control requirements of Rule 62-252.300, F.A.C., unless the tanker truck or trailer is equipped to dispense and receive gasoline by means of submerged filling. If the tanker truck or trailer is designed to receive displaced vapors from the stationary storage tank, the operator of such tanker truck or trailer shall ensure the vapor return line is completely connected before any gasoline is transferred to the storage tank. and Tthe vapors displaced from the storage tanks during filling shall be are processed by a vapor recovery system, if available, at a bulk gasoline plant or bulk gasoline terminal.

(c) The tanker truck or trailer shall be designed and maintained to be vapor-tight at all times except when undergoing maintenance, inspection, or gauging, or during normal pressure vacuum venting as may be otherwise required by the Federal Department of Transportation.

(3) No change.

Specific Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–Formerly 17-2.650(1)(c)3., 17-2.700(6)(c)2.d., Amended 2-2-93, Formerly 17-252.500, Amended 9-10-96,_________.

 

62-252.900 Form.

The form used by the Department in the gasoline vapor control program is adopted and incorporated by reference in this section. The form is listed by rule number, which is also the form number, with the subject, title, and effective date. Copies of the form may be obtained by writing to the Department of Environmental Protection, Division of Air Resources Management, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(1)1. Gasoline Tanker Truck Leak Test Report. (DEP Form 62-252.900(1), Effective _______ September 10, 1996)

Specific Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061, 403.087 FS. History–New 2-2-93, Formerly 17-252.900, Amended 11-23-94, 9-10-96,________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Larry George
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Joseph Kahn
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 28, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: January 12, 2007