(1) The owner or
operator of a GDF with a Stage II vapor recovery system referred to this rule
must determine, by no later than July 1, 2024, whether the currently installed
Stage II vapor recovery system is compatible or incompatible with motor vehicle
Onboard Refueling Vapor Recovery systems (ORVR). A Stage II vapor recovery
system is incompatible with ORVR, for example, if it actively draws gasoline
vapor during dispensing and does not cease the vacuum draw when dispensing
gasoline into an ORVR-equipped motor vehicle.
(a) Owners or operators with ORVR
compatible Stage II vapor recovery systems must comply with
section (2) of this rule; and
(b)
Owners or operators with ORVR incompatible Stage II vapor recovery
systems must comply with sections (3) or (4) of this rule.
(2) The owner or operator of an
ORVR-compatible Stage II vapor recovery system may remove the Stage II vapor
recovery system if the following conditions are met:
(a) The owner or operator complies with
notice of construction requirements of division 210, as applicable;
(b) The owner or operator installs a complete
Enhanced Vapor Recovery system on each gasoline storage tank with 250 gallon
capacity or greater under OAR
340-244-0246;
(c) The owner or operator installs ECO
nozzles on each gasoline dispensing hose under OAR
340-244-0246;
(d) The Enhanced Vapor Recovery system and
ECO nozzles must be installed no later than the same calendar day the complete
Stage II vapor recovery system is uninstalled, capped, or otherwise
decommissioned according to OAR
340-244-0247, except as provided
in subsection (2)(e);
(e) If the
owner or operator is not dispensing any gasoline from or loading any gasoline
into any gasoline storage tanks at the facility, the Enhanced Vapor Recovery
system and ECO nozzles must instead be installed before any gasoline is
dispensed from or loaded into any gasoline storage tank at the
facility.
(3) The owner
or operator of an ORVR-incompatible Stage II vapor recovery system must remove,
cap, or otherwise decommission the Stage II vapor recovery system no later than
December 31, 2025 in accordance with OAR
340-244-0247(10)
and:
(a) Comply with the notice of
construction requirements of division 210, as applicable;
(b) Install a complete Enhanced Vapor
Recovery system on each gasoline storage tank with 250 gallon capacity or
greater under OAR
340-244-0246;
(c) Install ECO nozzles on each gasoline
dispensing hose under OAR
340-244-0246;
(d) The Enhanced Vapor Recovery system and
ECO nozzles must be installed no later than the same calendar day the complete
Stage II vapor recovery system is uninstalled, capped, or otherwise
decommissioned according to OAR
340-244-0247, except as provided
in subsection (3)(e);
(e) If the
owner or operator is not dispensing any gasoline from or loading any gasoline
into any gasoline storage tanks at the facility, the Enhanced Vapor Recovery
system and ECO nozzles must instead be installed before any gasoline is
dispensed from or loaded into any gasoline storage tank at the
facility.
(4) The owner
or operator of an incompatible Stage II vapor recovery system must install a
compatible Stage II vapor recovery system no later than December 31, 2025, and
comply with the notice of construction requirements of division 210, as
applicable.
(5) No owner or
operator of a GDF may transfer or allow the transfer of gasoline into a motor
vehicle fuel tank using a Stage II vapor recovery system that is incompatible
with motor vehicle ORVR systems after December 31, 2025.
(6) An owner or operator of a GDF that wants
to install an ORVR-compatible Stage II vapor recovery system when not otherwise
required to do so by this division must submit a notice of construction under
division 210 and receive written DEQ approval before installing the equipment.
[NOTE: Underground piping requirements are described in OAR
chapter 340 division 150 and 40 C.F.R.
280.20(d). Systems installed
according to Petroleum Equipment Institute Publication RP100, "Recommended
Practices for Installation of Underground Liquid Storage Systems", RP300,
"Installation and Testing of Vapor Recovery Systems", or American Society of
Mechanical Engineers Standard B31.4 "Pipeline Transportation Systems for Liquid
Hydrocarbons and Other Liquids" or manufacturer specifications are considered
approved systems.]
(7)
Owners and operators of gasoline-dispensing facilities with Stage II vapor
recovery systems must:
(a) Provide adequate
training and written instructions to the operator of the affected
gasoline-dispensing facility and the gasoline transport vehicle. Written
instructions must be readily available to onsite staff, contractors, and
similar individuals (electronic or hardcopy);
(b) Inspect all components of the Stage II
vapor recovery system, including but not limited to all hoses and nozzles, at
least once every three months;
(c)
Replace, repair or modify any worn or ineffective component or design element
to ensure the vapor-tight integrity and efficiency of the Stage II vapor
recovery systems. The affected component or design element must be replaced,
repaired, or modified within 24 hours after the owner or operator knows or
reasonably should know of the component or design element being worn on
ineffective to ensure the vapor-tight integrity and efficiency of the Stage II
vapor recovery system. If repair parts must be ordered, either a written or
oral order for those parts must be initiated within two working days of
detecting such a leak. Such repair parts must be installed within five working
days after receipt; and
(d) Connect
and ensure proper operation of the Stage II vapor recovery systems whenever
gasoline is being loaded, unloaded or dispensed.
(8) Approval of a Stage II vapor recovery
system by DEQ does not relieve the owner or operator of the responsibility to
comply with other applicable codes and regulations, including, without
limitation, those pertaining to fire prevention, weights and measures, and
safety matters.
(9) Regarding
installation, removal, decommissioning and testing of piping for Stage II vapor
recovery systems:
(a) Piping must be
installed, modified, decommissioned or removed in accordance with standards in
OAR 340 division 150 as applicable;
(b) Piping must be installed, modified,
decommissioned or removed by a licensed service provider pursuant to OAR 340
division 160 as applicable; and
(c)
Piping must be tested prior to being placed into operation by an installation
or tank tightness testing service provider licensed pursuant to OAR 340
division 160 as defined by the appropriate testing method.
(10) Stage II vapor recovery system
decommissioning. The owner or operator of a GDF that is removing, capping, or
otherwise decommissioning a Stage II vapor recovery system must comply with the
following during the decommissioning, as applicable:
(a) Initiate all appropriate safety
procedures;
(b) Relieve pressure in
tank ullage;
(c) Drain
liquid-collection points;
(d)
Disconnect all vapor pumping or processing units;
(e) Disconnect all electrical components of
the Stage II vapor recovery system so that no electrics hazards are
created;
(f) Reprogram the
dispenser electronics to reflect that the Stage II vapor recovery system is no
longer in service;
(g) Securely
seal off the below grade vapor piping at height below the level of the base of
the dispenser and capped with compatible cap material;
(h) Securely seal off the below grade vapor
piping at the tank end if it is easily accessible and cap with compatible
material;
(i) Securely seal off the
vapor piping inside the dispenser and cap with compatible material;
(j) Replace Stage II vapor recovery system
hanging hardware with conventional hanging hardware or Enhanced Conventional
Nozzles, as applicable;
(k) Install
appropriate Pressure Vacuum Vent valves;
(l) Remove any instructions from the
dispenser cabinet;
(m) Conduct a
pressure test for all gasoline storage tanks above 250 gallon capacity at the
site according to OAR
340-244-0249(6)(a)(A);
and
(n) Verify visible components
of storage tank are left in condition that will reliably prevent the release of
vapors/liquids from any system component.
[NOTE: This rule is included in the State of Oregon Clean Air
Act Implementation Plan that EQC adopted under OAR
340-200-0040 only for affected
sources in the Portland-Vancouver, Medford-Ashland, and Salem-Keizer Area
Transportation Study air quality management areas and all of Clackamas,
Multnomah, and Washington counties.]
Notes
Or. Admin. Code
§
340-244-0247
DEQ
7-1991, f. & cert. ef. 5-7-91 (and corrected 6-7-91); DEQ 4-1993, f. &
cert. ef. 3-10-93; DEQ 25-1994, f. & cert. ef. 11-22-94; DEQ 16-1996, f.
& cert. ef. 8-14-96; DEQ 20-1998, f. & cert. ef. 10-12-98; DEQ 14-1999,
f. & cert. ef. 10-14-99, Renumbered from 340-022-0402; DEQ 15-2008, f.
& cert. ef 12-31-08; DEQ 7-2015, f. & cert. ef. 4-16-15;
DEQ
4-2024, amend filed 03/25/2024, effective
3/25/2024;
DEQ
5-2024, renumbered from 340-242-0520, filed 03/25/2024, effective
3/25/2024
Statutory/Other Authority: ORS
468.020 &
468A.025
Statutes/Other Implemented: ORS
468A.025