Section 20-705. STAGE II VAPOR RECOVERY

 

705.1Unless exempted under § 705.3 or 705.4, the transfer of gasoline to any vehicular fuel tank from any stationary storage container shall be prohibited unless the transfer is made through a fill nozzle designed, operated, and maintained as follows:

 

(a)To prevent the discharge of gasoline vapors to the atmosphere from either the vehicle filler neck or the fill nozzle;

 

(b)To direct the displaced vapor from the vehicular fuel tank to either of the following:

 

(1)A system, utilizing a process other than vacuum assist, wherein at least ninety percent (90%) by weight of the organic compounds in the displaced vapors are removed, recovered, or destroyed; or

 

(2)A system, utilizing a vacuum assist process, wherein at least ninety-six percent (96%) by weight of the organic compounds in the displaced vapors are removed, recovered or destroyed; and

 

(c)To prevent vehicular fuel tank overfills and spillage.

 

705.2A vapor-balance system meeting the specifications set forth in § 705.5 and used in compliance with § 705.6 shall be deemed to be in compliance with the requirements set forth in § 705.1(b)(1).

 

705.3All gasoline dispensing facilities available to the general public, or to segments of the general public by virtue of having some membership or military status, having three (3) or less dispensing nozzles and dispensing less than ten thousand (10,000) gallons of gasoline per month, or less than fifty thousand (50,000) gallons of gasoline per month in the case of an independent small business marketer of gasoline, shall be exempt from the requirements of § 705.1.

 

705.4All gasoline dispensing facilities available to the general public, or to segments of the general public by virtue of having some membership or military status, having three (3) or less dispensing nozzles and dispensing more than ten thousand (10,000) gallons of gasoline per month, or more than fifty thousand (50,000) gallons of gasoline per month in the case of an independent small business marketer of gasoline shall comply with the requirement of § 705.1 according to the following schedule:

 

(a)May 15, 1993, in the case of gasoline dispensing facilities for which construction commenced after November 15, 1990;

 

(b)November 15, 1993, in the case of gasoline dispensing facilities which dispense at least one hundred thousand (100,000) gallons of gasoline per month, based on average monthly sales for the two (2) year period before November 15, 1992;

 

(c)November 15, 1994, in the case of all other gasoline dispensing facilities;

 

(d)Any gasoline dispensing facility described under paragraphs (a) and (b) of this subsection shall meet the requirements of paragraph (a); and

 

(e)Applicability shall be based upon the average monthly throughput determined for the two (2) year period prior to November 15, 1992, and will not include any periods of facility inactivity. Average monthly throughput shall be calculated using a thirty (30) day rolling average.

 

705.5All gasoline dispensing facilities available to the general public, or to segments of the general public by virtue of having some membership or military status, may, if desired by the owner thereof, have no more than one (1) nozzle at each facility which does not comply with the requirements of § 705.1; Provided, that this exemption shall not be applicable to stations with no self-service islands.

 

705.6A vapor balance system shall have the following:

 

(a)A vapor-tight vapor return hose to conduct the vapors displaced from the vehicular fuel tank to the gasoline dispensing facility's gasoline storage tank(s);

 

(b)A vapor-tight seal to prevent the escape of gasoline vapors into the atmosphere from the interface between the fill nozzle and the filler neck of the vehicular fuel tank;

 

(c)A fill nozzle with a built-in no-seal no-flow feature designed to prevent the discharge of gasoline from the nozzle unless the seal described in paragraph (b) of this subsection is engaged;

 

(d)A fill nozzle with a built-in feature, designed to automatically shutoff the flow of gasoline when the pressure in the vehicular fuel tank exceeds ten (10 in.) inches of water gauge;

 

(e)A vapor return hose equipped with a device that will automatically shutoff the flow of gasoline through the fill nozzle when gasoline circulates back from the fill nozzle through the vapor hose to the facility's gasoline storage tank(s);

 

(f)A vapor return hose no longer than nine feet (9 ft.) in length unless the hose is attached to a device designed to keep the hose out of the way of vehicles (when the nozzle is not in use) and to drain the hose of any collected or condensed gasoline; and

 

(g)A gasoline dispensing system equipped with a device designed to prevent the dispensing of gasoline at any rate greater than eight (8) gallons per minute.

 

705.7The use by any person of a fill nozzle which is a part of the vapor balance system shall be prohibited unless the system is maintained in good repair, and unless proper operating practices including, but not limited to, the following practices are followed:

 

(a)Draining the vapor return hose. as often as is necessary, but at least once each operating day, of any collected or condensed gasoline;

 

(b)Waiting as long as is necessary, but at least three (3) seconds after the shut-off of the fuel, before disconnecting the nozzle from the fill neck, in order to balance the pressure between the vehicular fuel tank and the facility's gasoline storage tank(s); and

 

(c)After each fuel delivery placing the vapor return hose on an area where vehicles will not ride over the vapor return hose.

 

705.8The transfer of gasoline to any vehicular fuel tank from any stationary storage tank shall be prohibited, unless the transfer is made through a fill nozzle designed to automatically shutoff the transfer of gasoline when the vehicular fuel tank is full or nearly full.

 

705.9Any additional transfer of gasoline to any vehicular fuel tank from a stationary storage tank after the dispensing system has automatically shut-off the transfer of gasoline by virtue of the vehicular fuel tank being full or nearly full shall be prohibited.

 

705.10The operator of a gasoline dispensing facility shall take the actions necessary to ensure that all parts of the system used at the facility for compliance with the section are maintained in good repair, and to ensure that any person, whether attendant, customer, or other, who uses the facility, does so in accordance with proper operating practices and otherwise in compliance with the requirements of this section.

 

705.11For purposes of this section, "operator" means any person who leases, operates, manages, supervises, or controls, directly or indirectly, a gasoline dispensing facility.

 

705.12The transfer of gasoline to any vehicular fuel tank from any stationary storage tank where a system for the control of gasoline vapors resulting from motor vehicle fueling operations is required shall be prohibited unless the operator posts conspicuously the operating instructions and warnings, in a form and with content duly promulgated by the Mayor, for the system in the gasoline dispensing area. The instructions shall be as follows:

 

(a)Clearly describe how to fuel vehicles correctly with vapor recovery nozzles utilized at the station;

 

(b)Include a prominent display of the telephone number of the service station owner or operator for making complaints; and

 

(c)Include warnings that:

 

(1)Repeated attempts to continue dispensing, after the system has indicated that the vehicle fuel tank is full, may result in spillage or recirculation of gasoline; and

 

(2)Breathing gasoline vapors is hazardous to health.

 

705.13All vapor control systems (and components thereof) for the control of gasoline vapors resulting from motor vehicle fueling operations including, but not limited to, vapor balance systems and vacuum assist systems, shall meet the requirements for certification and shall be operated in accordance with the standards in effect on the effective date of the District of Columbia Air Pollution Control Act of 1984 as established by the State Fire Marshal for the State of California or the Division of Measurement Standards of the Department of Food and Agriculture of the State of California pursuant to §§ 41956-41958 of the Health and Safety Code of the State of California.

 

705.14The requirements and standards, including those specified in §§ 705.6, 705.7, and 705.13 of this subtitle, may be changed by the Mayor through the exercise of administrative rulemaking procedures under the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Code §§ 1-1501 et seq. (1981)), with the Mayor affording appropriate consideration in the rulemaking process to the following factors:

 

(a)What other states and governmental authorities have done; and

 

(b)The effect of proposed changes upon distributors and manufacturers of vapor recovery equipment and upon the owners and operators of stations subject to the Stage II vapor recovery requirements.

 

705.15Alternate vapor recovery systems may be used to attain compliance with § 705.1(b) in lieu of the specific requirements stated in that section; Provided, that the following occurs:

 

(a)The alternate system(s) is demonstrated to have at least equivalent results in recovering emissions of volatile organic compounds as application of the requirements of that section; and

 

(b)The alternate system(s) is approved by the Mayor.

 

source

Section 3 of the District of Columbia Air Pollution Control Act of 1984, D.C. Law 5-165, § 705, 32 DCR 565, 626 (February 1, 1985), as amended by § 2 of the Pollution Control Act of 1984 National Ambient Air Quality Standards Attainment Amendment Act of 1993, D.C. Law 10-24, 40 DCR 5474, 5486 (July 30, 1993).