126.96.36.199 Any gasoline dispensing facility, which never has a monthly throughput of greater than 10,000 gallons of gasoline, shall be subject only to the requirements of 36.7.2 of this regulation. Any gasoline dispensing facility that ever exceeds this throughput shall be subject to all of the requirements of 36.0 of this regulation, and shall remain subject to these requirements even if its throughput later falls below the exemption throughput.
36.1.3 The requirements of 36.0 of this regulation are in addition to all other State and Federal requirements, to include the Clean Air Act requirements in 40 CFR 80.22(j) and the permitting requirements of 7 DE Admin. Code 1102. Any gasoline dispensing facility that is currently subject to any rule promulgated pursuant to the Clean Air Act Amendments of 1977 by exceeding an applicability threshold is and shall remain subject to those provisions.
188.8.131.52 Any new facility that first commences construction on or after the effective date of this revision of 36.0 of this regulation, or any facility that decommissions its Stage II vapor recovery system, shall do one of the following:
184.108.40.206.2 Participate in a trial to demonstrate whether or not a continuous pressure monitoring (CPM) system is able to accurately identify system leaks and times when emissions are being vented from the pressure/vacuum valve, by complying with 36.4.3 and all other applicable requirements of this regulation. Failure to demonstrate compliance with any of the requirements of this regulation due to fault or failure of the CPM system shall not constitute a violation of this regulation. The trial period is for a minimum period of one year. Upon completion of the trial period any participating station has the option to either continue to comply with 36.4.3 or to comply with 36.4.2 of this regulation.
220.127.116.11 An owner or operator of any modified facility may decommission its Stage II vapor recovery system pursuant to the procedures in 36.9 of this regulation on or after the effective date of this revision of 36.0 of this regulation.
Terms being defined in 36.2 of this regulation are used exclusively for 36.0 of this regulation. Other terms not defined herein shall have meanings defined in the Clean Air Act Amendments of 1990 (CAA), 7 DE Admin. Code 1101, or 2.0 of this regulation.
“Assist System” means a system that creates a vacuum to assist the movement of vapors back into the storage tank.
“Balance System” means a system where pressure develops in the vehicle tank during fueling operations, and vacuum in the storage tank created when the fuel is removed, forces displaced vapors out the vehicle tank and back into the storage tank.
“Modified Facility” means a facility that: (1) excavates below a shear valve or tank pad in order to repair or replace its Stage II system or an underground storage tank; or (2) undergoes a major system modification consisting of the replacement, repair or upgrade of at least 50% of a facility’s Stage II vapor recovery system which includes dispensers, vapor return piping, and product piping.
“Pressure/Vacuum Valve” or “P/V Valve” means a relief valve installed on the vent stack of a tank system that is designed to open at specific pressure and vacuum settings to protect the system from excessive pressure or vacuum.
“Tank System” means a storage tank or a set of manifolded storage tanks containing gasoline.
“Ullage” means the empty volume of a gasoline storage tank system that contains liquid gasoline. Ullage is expressed as accumulated gallons of empty volume for all of the gasoline storage tanks in a manifolded system.
18.104.22.168 For systems with manifolded vapor lines, the liquid shall return into the lowest octane tank. For non-manifolded systems with separate vapor lines, the liquid shall return to the tank that has the same product as is dispensed at the nozzle where the liquid was introduced into the vapor lines.
22.214.171.124.2 A warning that repeated attempts to continue dispensing gasoline, after the system has indicated that the vehicle fuel tank is full (by automatically shutting off), may result in spillage or recirculation of gasoline.
36.3.2 At least one representative (an owner, facility manager, or designated employee) from each facility, or facilities under common ownership, shall attend a training program on the operation and maintenance requirements of the Stage II equipment that is selected for installation or installed on their facility premises. Acceptable forms of training include equipment manufacturer's seminars, classes or workshops, or any other training approved by the Department.
126.96.36.199 Verification, such as a certificate of attendance from the training program, shall be obtained by the attendee within three months of the installation of the Stage II system. The certificate shall display the name of the person who completed the training program.
188.8.131.52 The representative that completed the training program is then responsible for informing all facility employees about conducting routine maintenance pursuant to 36.3.3 of this regulation and about the operation and maintenance of the Stage II system. The representative shall maintain proof of training for all employees who will be conducting daily inspections. If such representative leaves that facility, or the company owning several facilities, another representative shall take and successfully complete the training within three months.
184.108.40.206.1 A faceplate or face cone of a balance or assist system nozzle that does not make a good seal with a vehicle fill tube, or the accumulated damage to the faceplate or face cone is over 25% of its’ surface.
220.127.116.11.4 A nozzle bellows or efficiency compliance device that is loosely attached to the nozzle body, not attached by a manufacturer approved method, or a vapor check valve frozen in the open position.
18.104.22.168 The owner or operator shall post "Out of Order" signs and "Bag-out" the nozzle associated with any part of the defective vapor recovery system until said system has been repaired or replaced.
36.4.1 The owner or operator of any gasoline dispensing facility identified in 22.214.171.124 of this regulation shall design, install, operate, and maintain one of the Stage I vapor recovery systems identified in 36.10.2 of this regulation.
126.96.36.199 The owner or operator of any gasoline dispensing facility identified in 188.8.131.52.1 of this regulation shall conduct a monthly inspection of the Stage I EVR systems to monitor the condition of all Stage I components. The inspection shall include at a minimum the following:
184.108.40.206 The owner or operator of any gasoline dispensing facility identified in 220.127.116.11.2 of this regulation shall maintain the tank system at a vapor leak rate less than two times the rate allowed in accordance with California Air Resources Board (CARB) Vapor Recovery Test Procedure TP-201.3, "Determination of 2 Inch WC Static Pressure Performance of Vapor Recovery Systems of Dispensing Facilities", dated July 26, 2012, hereby incorporated by reference, and demonstrated in accordance with monitoring requirements in 36.5 of this regulation. Equation 9-2 with N=1-6 from TP-201.3 shall be used for the determination.
18.104.22.168 The owner or operator of any gasoline dispensing facility identified in 22.214.171.124.2 of this regulation shall identify the percentage of time the tank system pressure is greater than 0.5 inches water column below the positive cracking pressure of the P/V valve, on a weekly basis, demonstrated in accordance with monitoring requirements in 36.5 of this regulation. The P/V valve positive cracking pressure shall be determined by the testing requirement in 126.96.36.199.3 of this regulation.
188.8.131.52.4 The owner or operator shall post "Out of Order" signs and "bag-out" the nozzle associated with any part of the defective gasoline dispensing system until said system has been repaired or replaced.
184.108.40.206 Each day personnel shall perform daily routine maintenance inspections and record the inspection results. Such inspections shall consist of, but not limited to, inspection of the dispensing systems for the following defects:
36.5.1 The owner or operator of any gasoline dispensing facility identified in 220.127.116.11.2 of this regulation shall design, install, operate, and maintain a continuous pressure monitoring (CPM) system as identified in Exhibit 1 Section II, Exhibit 2 Section II, and Exhibit 3 Section II of CARB Executive Order VR-202-R, dated December 8, 2014, hereby incorporated by reference, to include a console, leak detection software, a vapor pressure sensor, and an automatic tank gauge, in accordance with the following. A vapor flow meter for each dispenser is not required. The owner or operator of any gasoline dispensing facility may petition the Department to allow the use of any other CPM system that has been certified by CARB as being equivalent to the systems identified in CARB Executive Order VR-202-R, and the Department may allow such system on a case-by-case basis.
18.104.22.168 The CPM system shall activate a warning alarm, and record the event. The owner or operator shall correct the excessive vapor leak rate within one week of the alarm, and reset the CPM system once the correction has been made.
22.214.171.124 Following a corrective action pursuant to 126.96.36.199 of this regulation, the CPM system shall recommence monitoring the tank system. If within one week the tank system again fails to meet the requirements of 188.8.131.52 of this regulation the CPM shall activate a second warning alarm and record the event. Following the second warning alarm, the owner or operator shall use a certified compliance testing company or a certified underground storage tank retrofit/installation company to correct the excessive vapor leak.
36.6.1 Any gasoline dispensing facility subject to the requirements of 36.3 of this regulation shall perform and pass the following tests in accordance with the test methods and procedures stated, or as otherwise approved by the Department and EPA. Where any of the following test methods and procedures, in the opinion of the Department, conflict or are redundant with those specified in any CARB Executive Order adopted by reference in 36.10 of this regulation, the following test methods and procedures shall apply.
184.108.40.206.1 A Pressure Decay/Leak Test, conducted in accordance with Test Procedure TP-96-1 of the San Diego Protocol, Revision III dated 3-1-96. This test procedure is hereby incorporated by reference.
220.127.116.11.2 A Dynamic Backpressure and Liquid Blockage Test, conducted in accordance with the procedures in "Recommended Practices for Installation and Testing of Vapor Recovery Systems at Vehicle Fueling Sites, PEI/RP300-97", Chapter 8. This test procedure is hereby incorporated by reference.
18.104.22.168.3 For assist systems, an Air to Liquid Volume Ratio Test conducted in accordance with the procedures in "Recommended Practices for Installation and Testing of Vapor Recovery Systems at Vehicle Fueling Sites, PEI/RP300-97", Chapter 9. This test procedure is hereby incorporated by reference.
36.6.2 Any gasoline dispensing facility subject to the requirements of 36.4 of this regulation shall perform and pass the following tests in accordance with the test methods and procedures stated, or as otherwise approved by the Department and EPA.
22.214.171.124.1 A Pressure Decay/Leak Test, conducted in accordance with Test Procedure TP-96-1 of the San Diego Protocol, Revision III dated 3-1-96. This test procedure is hereby incorporated by reference.
126.96.36.199.4 For facilities subject to 46.4.3, an operability test of the CPM system in accordance with Exhibit 9 or Exhibit 10, as applicable, of CARB Executive Order VR-202-R, dated December 8, 2014, hereby incorporated by reference.
188.8.131.52 Owners and Operators subject to 36.4.2 shall conduct an annual pressure decay test (without any corrective action taken before or during the test on the day of the test) and a P/V valve test, as specified in 184.108.40.206.1 and 220.127.116.11.3 of this regulation, respectively. If the annual test is failed (meaning corrective action was needed on the day of the test), quarterly testing shall be required, and annual testing shall resume upon the passing of four consecutive quarterly tests.
36.6.3 The Department may require the performance of any of the tests identified in 36.6.1 or 36.6.2 of this regulation at anytime at the owner’s expense when the Department determines that the performance of such tests are necessary to ensure the proper operation of the facility or emission control equipment.
36.6.4 Written notification shall be submitted to the Department not less than 10 working days prior to the performance of any compliance test, unless approval by the Department is granted to the contrary.
36.7.1 The owner or operator of a gasoline dispensing facility subject to the requirements of 36.0 of this regulation shall keep on the facility premises and in a form acceptable to the Department, all of the following information. This information shall be retained for at least three years from the date of record and shall be made immediately available to the Department upon request.
18.104.22.168 Installation and Testing Results. The test results shall be dated, and shall note the installing and test companies' names, addresses, and phone numbers. These records shall be kept on file until they are replaced with new test results verifying proper functioning of the Stage I and Stage II systems, as applicable.
22.214.171.124 Maintenance Records. Any maintenance conducted on any part of the Stage I or Stage II vapor recovery system shall be logged on a maintenance record. This maintenance record shall include a general part description, the date repaired or replaced, the replacement part manufacturer's information, and a description of the problem and solution.
126.96.36.199.1 Any warning letters and notices of violations issued by the Department to the facility, the facility’s responses and actions to the Department’s warning or notice of violation, the facility’s report of compliance to the Department after the facility’s. actions, and the Department’s approval of compliance.
188.8.131.52.2 Daily and monthly CPM reports shall be available for printing and electronic download at the facility, and be made available to the Department upon request. Daily reports shall be available for the previous 12 months. Monthly reports shall be available for the previous 36 months.
184.108.40.206.4 Proof of attendance and completion of a training program for each person trained in accordance with 36.3.2 of this regulation. This does not apply to the records of an employee who is no longer in service for at least one year.
36.7.2 Any gasoline dispensing facility exempted from the requirements of 36.0 of this regulation pursuant to 220.127.116.11 of this regulation shall maintain records of monthly throughput, and shall furnish these records to the Department upon request. These records shall be maintained on file for a minimum of three years from the date of record.
36.8.1 Any owner or operator, or both, of any company that performs compliance testing pursuant to 36.6.1 or 36.6.2 of this regulation within the State of Delaware shall submit all of the following information to the Department, prior to performing any compliance testing within the State of Delaware:
18.104.22.168 A written description of the employee training systems in place at the compliance testing company to ensure required compliance tests are performed in accordance with applicable protocols and procedures.
22.214.171.124.1 I certify that I personally examined and am familiar with the information contained in this document and all the attachments and that, based on my inquiry of those persons immediately responsible for obtaining the information, I believe that the information is true, accurate and complete. I am aware that there are significant penalties for submitting false information, including possible fines and imprisonment; and
36.8.2 Any company subject to the requirements of 36.8 of this regulation shall notify the Department in writing of any change to any information submitted to the Department within 14 days of the effective date of such change.
36.8.3 No person subject to the requirements of 36.8 of this regulation shall perform any compliance test unless said person has first been trained in accordance to applicable compliance test protocols and procedures.
36.8.4 Any person subject to 36.8 of this regulation shall certify to the owner or operator of the gasoline dispensing facility that each compliance test performed to meet the requirements of 36.3 and 36.4 of this regulation was performed in accordance with 36.6 of this regulation. Certification shall include:
126.96.36.199 An itemized list of all corrective action performed. This list shall include, but not be limited to, component re-installation, tightening, repair or replacement, as necessary, for the system to pass the applicable test or tests; and
188.8.131.52.1 I certify that I personally examined and am familiar with the information contained in this document and all the attachments and that, based on my inquiry of those persons immediately responsible for obtaining the information, I believe that the information is true, accurate and complete. I am aware that there are significant penalties for submitting false information, including possible fines and imprisonment; and
36.9.1 The owner or operator of a gasoline dispensing facility shall decommission the Stage II vapor recovery system in accordance with all of the procedures specified in Chapter 14, except Section 14.6.14, of the Petroleum Equipment Institute's (PEI) "Recommended Practices for Installation and Testing of Vapor-Recovery Systems at Vehicle-Fueling Sites", PEI/RP300-09, which is hereby incorporated by reference.
36.9.2 On or after the effective date of this regulation, any site that has decommissioned a Stage II Vapor Recovery System shall cap the vapor return line at the tank top if accessible at the time of decommissioning, per PEI RP300-09. If not accessible at the time of decommissioning, the vapor return line shall be capped when a replacement or repair of the underground storage tank system or associated piping/components involves breaking concrete on top of the tank where the vapor return line terminates or when a pressure decay test indicates a problem with the vapor return line. As part of the decommissioning process additional UST system testing may be required such as performing hydrostatic testing of sumps and line tightness testing of product lines, and ensuring non-vapor recovery nozzles have a flow rate of less than 10 GPM pursuant to Part B, Section 1.28 of the Delaware Regulations Governing Underground Storage Tanks, governing repair, upgrade, and retrofit requirements.