C.M.R. 06, 096, ch. 120 - GASOLINE TANK TRUCK TIGHTNESS SELF-CERTIFICATION

SUMMARY: This regulation requires that all tank trucks that transport and receive gasoline from a bulk gasoline terminal and/or plant be maintained leak-tight and must be tested and certified annually.

BASIS STATEMENT FOR AUGUST 10, 1988

It is necessary to control gasoline vapors as these vapors contribute to the formation of ozone and Maine violates both the state and federal ozone air quality standards. Gasoline tank trucks are a critical link in the collection and return of gasoline vapors to vapor recovery systems at the bulk gasoline terminals. Chapter 112 requires that tank trucks be 90 percent vapor tight. Spot checks have shown a 40 percent noncompliance rate. An annual self-certification program will improve compliance to 90 percent.

BASIS STATEMENT FOR AMENDMENT OF SEPTEMBER 27, 1989

This amendment corrected certain minor deficiencies identified by the U.S. Environmental Protection Agency in the State Implementation Plan and for consistency with State statute. The U.S. Environmental Protection Agency requested the addition of the definitions of gasoline, tank truck, vapor control system, and bottom filling. The Department agreed that the inclusion of these definitions , with the exception of bottom filling, clarified the regulation. The term bottom filling is not used in Chapter 120. EPA also commented that Maine must adopt a separate regulation for bulk gasoline plants. The Department recognizes that bulk gasoline plant emissions are currently uncontrolled. The Department considers these emissions as insubstantial, but will continue to evaluate this source of VOC emissions for future reductions. The U.S. Environmental Protection Agency commented that there should be no cut-off exemption of 3500 gallons for tank trucks as the original SIP includes all tank trucks. The Department believes the 3500 gallon capacity cut-off is appropriate. There are only a minimum number of trucks under the 3500 gallon capacity which pick up gasoline at the bulk gasoline terminals. Therefore the environmental impact is deemed insignificant. Lastly, EPA commented that the owner or operator of the vapor control system repair and retest a vapor control system which exceeds the emission limits. The Department agrees that this provision is necessary to ensure that system is repaired and returned to good working order as soon as possible, in this case 15 days.

BASIS STATEMENT FOR AMENDMENT OF SEPTEMBER 26, 1990

During the 114th Session of the Maine Legislature, the Board of Environmental Protection was given the authority under 38 M.R.S.A.585585-A to establish and amend emission standards and regulations to implement ambient air quality standards and emission standards. This rule was amended to reflect the new authority under statute. No request for public hearing nor comments were received on the reauthorization.

BASIS STATEMENT FOR AMENDMENT OF MAY 22, 1991

This amendment corrected certain minor deficiencies identified by the Environmental Protection Agency in the State Implementation Plan (SIP). The U. S. Environmental Protection Agency commented that since the State has opted to retain the tank truck cutoff exemption of 3500 gallons or less, a demonstration must be made to show that those trucks account for less than 0.8 percent of the gasoline throughput in the State. A survey was conducted that sufficiently met that criteria. The U. S. EPA also commented that the "tank truck" definition needed clarification; that the exemption applied to trucks with a total truck capacity of less than 3500 gallons and that after this date any additional trucks added to the fleet not be exempted from the VOC control requirements.

BASIS STATEMENT FOR AMENDMENT OF JUNE 22, 1994

This amendment removes the definitions gasoline, tank truck, and vapor control system from this chapter and relocates them to Chapter 100, Definitions since they apply to more than just Chapter 120. The annual certification tests are now required anytime during the year instead of January through June. The exemption for tank trucks with a capacity of less than 3500 gallons that were put into service prior to May 22, 1991 to be leak-tight has been eliminated. All tank trucks loading and unloading gasoline at bulk gasoline terminals and plants are required to be leak-tight.

In addition to the Basis Statement above, the Department has filed with the Secretary of State its responses to comments received during the public comment period.