An inoperable or malfunctioning vapor processing unit, vacuum generating
device, pressure or vacuum relief valve, vapor check valve or any other
equipment normally used to dispense
or is required by this article.
b. Receives less than 50% of his annual
income from refining or marketing of
gasoline.
For the purposes of this definition, "control" of a
corporation means ownership of more than 50% of its stock and "control" of a
partnership, joint venture or other nonstock entity means ownership of more
than a 50% interest in such partnership, joint venture or other nonstock
entity. The lessee of a gasoline dispensing facility, for which the owner of
such outlet does not sell, trade in, or otherwise dispense any product at
wholesale or retail at such outlet, shall be considered an independent small
business marketer if the lessee by lease agreement with the owner is required
to pay for the cost of procurement and installation of vapor recovery equipment
over a reasonable period.
"Internal floating roof" means a cover or roof in a fixed
roof tank which rests upon or is floated upon the liquid being contained and is
equipped with a closure seal or seals to close the space between the roof edge
and tank shell.
"Liquid-mounted" means a primary seal mounted so the
bottom of the seal covers the liquid surface between the tank shell and the
floating roof.
"Major system modification" means the replacement, repair
or upgrade of 75% of a facility's Stage II vapor recovery system
equipment.
"Owner" means, for the purposes of this article, any
person, including bodies politic and corporate, associations, partnerships,
personal representatives, trustees and committees, as well as individuals who
own, lease, operate, control or supervise an operation involving the storage or
transfer of petroleum liquids or both.
"Petroleum liquids" means crude oil, condensate, and any
finished or intermediate products manufactured or extracted in a petroleum
refinery.
"Petroleum refinery" means any facility engaged in
producing gasoline, kerosene, distillate fuel oils, residual fuel oils,
lubricants or other products through distillation of petroleum or through
redistillation, cracking, rearrangement or reforming of unfinished petroleum
derivatives.
"Refiner" means any person or entity that owns or
operates a facility engaged in the production of gasoline, kerosene, distillate
fuel oils, residual fuel oils, lubricants or similar products through
distillation of petroleum or through redistillation, cracking, or reforming of
unfinished petroleum derivatives and whose total refinery capacity (including
the refinery capacity of any person or entity who controls, is controlled by or
is under common control with, such refiner) is greater than 65,000 barrels per
day.
"Stage II vapor recovery system" means any equipment
designed and used to collect, recover, or destroy, or any combination of those,
gasoline vapors displaced during the transfer of gasoline into a motor vehicle
fuel tank.
"Submerged fill pipe" means any fill pipe the discharge
opening of which is entirely submerged when the liquid level is six inches
above the bottom of the tank; or, when applied to a tank which is loaded from
the side, any fill pipe the discharge opening of which is entirely submerged
when at the minimum operating level.
"Vapor-mounted" means a primary seal mounted so there is
an annular vapor space underneath the seal. The annular vapor space is bounded
by the bottom of the primary seal, the tank shell, the liquid surface, and the
floating roof.
"Vapor tight" means capable of holding a pressure of 18
inH20 and a vacuum of 6 inH2O
without sustaining a pressure change of more than 3
inH2O in five minutes.
"Waxy, heavy pour crude oil" means a crude oil with a
pour point of 50°F or higher as determined by the American Society for Testing
and Materials publication, "Test for Pour Point of Petroleum Oils" (see
9VAC5-20-21 ).
