Louisiana SIP: LAC 33:III Ch. 21 Section 2132 - Stage II Vapor Recovery Systems for Control of Vehicle Refueling Emissions, SIP effective July 6, 2020 (LAd67)
Regulatory Text:
Louisiana Administrative Code, Title 33 ENVIRONMENTAL QUALITY, Part III Air (LAC 33:III)
Chapter 21. Control of Emission of Organic Compounds
Subchapter F. Gasoline Handling
Section 2132. Stage II Vapor Recovery Systems for Control of Vehicle Refueling Emissions at Gasoline Dispensing Facilities
As approved by EPA June 3, 2020 (85 FR 341080) SIP effective July 6, 2020 (LAd67),
Regulations.gov docket EPA-R06-OAR-2019-0496 [LA064]
Section 2132 was initially adopted in the Louisiana Register November 20, 1992 (LR 18:1254),
Submitted to EPA November 10, 1992,
Approved by EPA March 25, 1994 (59 FR 14112) at 40 CFR 52.970(c)(61), now in
40 CFR 52.999(c)(61), SIP effective May 24, 1994 .
NOTES:
This action was adopted before the Louisiana Department of Environmental Quality began
assigning AQ numbers to its rulemaking actions published in the Louisiana Register.
This submittal is not in Regulations.gov. This action was approved by EPA before EPA
Region 6 began putting Federal Register documents in Regulatons.gov dockets in late 2004.
This compilation of Section 2132 is updated with the following revisions to
Section 2132 approved by EPA since March 25, 1994.
AQ158, LAd34
Revisions to §2132 adopted in the Louisiana Register December 20, 1997 LR23:1682) (AQ158),
Submitted to EPA June 22, 1998 (LA-48),
Regulations.gov document EPA-R06-OAR-2007-0924-0004 [LA021.04]
Approved by EPA July 5, 2011 (76 FR 38977) SIP effective August 4, 2011 (LAd34),
Regulations.gov docket EPA-R06-OAR-2007-0924 [LA021].
AQ158 §2132;LA021.04;AQ158;LR23:1682(12/20/1997) SIP effective August 4, 2011 (LAd34)
AQ149 LAd34
Revisions to §2132 adopted in the Louisiana Register January 20, 1998 (AQ149),
Resubmitted to EPA February 2, 2000 (LA-59),
Regulations.gov document EPA-R06-OAR-2007-0924-0005 [LA021.05].
Approved by EPA July 5, 2011 (76 FR 38977) SIP effective August 4, 2011 (LAd34),
Regulations.gov docket EPA-R06-OAR-2007-0924 [LA021].
AQ149 §2132;LAd34;LA021.05;AQ149;LR24:0025(1/20/1998) SIP effective August 4, 2011 (LAd34)
AQ225 LAd34
Revisions to §2132 adopted in the Louisiana Register April 20, 2003 (LR29:0557)(AQ225),
Submitted to EPA September 14, 2004 (LA-72)
Regulations.gov document EPA-R06-OAR-2007-0924-0008 [LA021.08]
Approved by EPA July 5, 2011 (76 FR 38977) SIP effective August 4, 2011 (LAd34),
Regulations.gov docket EPA-R06-OAR-2007-0924 [LA021].
AQ225 §2132;LAd34;LA021.08;AQ225;LR29:0557(4/20/2003 SIP effective August 4, 2011 (LAd34)
MM002 LAd47
Revisions to §2132 adopted in the Louisiana Register October 20, 2007 (LR 33:2086) (MM002),
Submitted to EPA August 14, 2009 (LA-106),
Regulations.gov document EPA-R06-OAR-2012-0434-0003 [LA039.03],
Resubmitted with undated cover letter EPA received October 7, 2015,
Regulations.gov document EPA-R06-OAR-2012-0434-0005 [LA039.05].
Approved by EPA January 28, 2016 (81 FR 04891) SIP effective February 29, 2016 (LAd47),
Regulations.gov docket EPA-R06-OAR-2012-0434 [LA039].
MM002 §2132;LAd47;LA039.05;MM002;LR33:2086 (10/20/2007) SIP effective February 29, 2016 (LAd47),
AQ291 LAd58
Revision to §2132 adopted in the Louisiana Register November 20, 2008 (LR34:2397) (AQ291),
Submitted to EPA August 29, 2013 (LA-129),
Regulations.gov document EPA-R06-2013-0167-0004 [LA040.04],
Approved by EPA August 29, 2017 (82 FR 40949) SIP effective September 28, 2017 (LAd58),
Regulations.gov docket EPA-R06-OAR-2013-0167 [LA040],
AQ291 §2132;LAd58;LA040.04;AQ291;LR34:2397(11/20/2008) SIP effective September 28, 2017 (LAd58)
AQ315, LAd58ckd
Revisions to §2132 adopted in the Louisiana Register April 20, 2011 (LR37:1147) (AQ315)
submitted to EPA November 3, 2014 (LA-133),
Regulations.gov document EPA-R06-2013-0167-0005 [LA040.05],
Approved by EPA August 29, 2017 (82 FR 40949) SIP effective September 28, 2017 (LAd58),
Regulations.gov docket EPA-R06-OAR-2013-0167 [LA040],
AQ315 §2132;LAd58;LA040.05;AQ315;LR37:1147(04/20/2011) SIP effective September 28, 2017 (LAd58)
AQ377, LAd67
Revisions to §2132 adopted in the Louisiana Register July 20, 2018 (LR44:1242)(AQ377),
Submitted to EPA May 30, 2019 (LA-149),
Regulations.gov document EPA-R06-OAR-2019-0496-0002 [LA064.02]
Approved by EPA June 3, 2020 (85 FR 34108) SIP effective July 6, 2020 (LAd67),
Regulations.gov docket EPA-R06-OAR-2019-0496 [LA064].
AQ377 §2132;LAd67;LA064.02;AQ377;LR44:1242(7/20/2018) SIP effective July 6,2020 (LAd67)
Unless otherwise indicated, paragraphs/definitions in this compilation of Section 2132
are as approved by EPA March 25, 1994 (59 FR 14114), SIP effective May 24, 1994 (LAc61).
AQ158 §2132.A;LAd34;LA021.04;AQ158;LR23:1682(12/20/1997)SIP effective August 4, 2011 (LAd34)
A. Definitions. Terms used in this Section are defined in
LAC 33:III.lll of these regulations with the exception of
those terms specifically defined as follows:
AQ158 §2132.A.CARB;LAd34;LA021.04;AQ158;LR23:1682(12/20/1997)SIP effective August 4, 2011 (LAd34)
CARB - California Air Resources Board.
AQ315 §2132.A.definition of “Independent Small Marketer of Gasoline (ISBM)";LAd58;LA040.05;AQ315;LR37:1147(04/20/2011). SIP effective September 28, 2017 (LAd58).
Independent Small Marketer of Gasoline (ISBM) - a
person engaged in the marketing of gasoline who would be
required to pay for procurement and installation of vapor
recovery equipment under this Section, unless such person:
a. is a refiner; or
b. controls, is controlled by, or is under common
control with, a refiner; or
c. is otherwise directly or indirectly affiliated with a
refiner or with a person who controls, is controlled by, or is
under a common control with, a refiner (unless the sole
affiliation referred to herein is by means of a supply contract
or an agreement or contract to use a trademark, trade name.
service mark, or other identifying symbol or name owned by
such refiner or any such person); or
d. receives less than 50 percent of his annual
income from refining or marketing of gasoline. The term
refiner shall not include any refiner whose total refinery
capacity (including the refinery capacity of any person who
controls, is controlled by, or is under common control with,
such refiner) does not exceed 65,000 barrels per day. Control
of a corporation means ownership of more than 50 percent
of its stock.
Major System Modification (for the purposes of LAC 33:III.2132)- replacing, repairing or upgrading 75 percent or more of the facility's Stage II equipment.
Motor Vehicle Fuel - any petroleum distillate having a Reid vapor pressure of more than four pounds per square inch as determined by ASTM Method D323 and which is used primarily to power motor vehicles. This definition includes, but is not limited to, gasoline and mixtures of simple alcohols and gasoline.
Motor Vehicle Fuel Dispensing Facility (hereafter called "facility or facilities") - a facility consisting of one or more stationary gasoline storage tanks, with an individual capacity of 250 gallons or more, together with dispensing devices, used to fill motor vehicle fuel tanks, or portable containers.
AQ315 §2132.A.definition of “Small Business Stationary Source";LAd58;LA040.05;AQ315;LR37:1147(04/20/2011) SIP effective September 28, 2017 (LAd58)
Small Business Stationary Source - a stationary source that:
a. is owned or operated by a person that employs
100 or fewer individuals;
b. is a small business concern as defined in the
Small Business Act;
c. is not a major stationary source;
d. does not emit 50 tons or more per year of any
criteria or toxic air pollutant; and
e. emits less than 75 tons per year of all criteria or
toxic air pollutants.
AQ225 §2132.A.definition of "Stage II Vapor Recovery System";LAd34;LA021.08;AQ225;LR29:0558(4/20/2003)SIP effective August 4, 2011 (LAd34)
Stage II Vapor Recovery System - a gasoline vapor
recovery system that is CARB-approved on or before March
31, 2001; or equivalent, and recovers vapors during the
refueling of motor vehicles.
AQ149 §2132.B to B.1;LAd34;LA021.05;AQ149;LR24:0025(1/20/1998)SIP effective August 4, 2011 (LAd34)
B. Applicability
1. The provisions of this Section shall apply to motor
vehicle fuel dispensing facilities in the affected parishes of
Ascension, East Baton Rouge, Iberville, Livingston, Pointe
Coupee, and West Baton Rouge.
AQ377 §2132.B.2;LAd67; LA064.02;AQ377;LR44:1242 to 1244(7/20/2018) SIP effective 7/6/2020 (LAd67)
2. Except as provided in Subsection J of this Section,
new facilities constructed after promulgation of this
regulation shall comply with the requirements of this
regulation upon start-up of the facility.
AQ377 §2132.B.3;LAd67; LA064.02;AQ377;LR44:1242(7/20/2018) SIP effective 7/6/2020 (LAd67)
3. Except as provided in Subsection J of this Section,
all facilities existing when these rules are promulgated that
dispense greater than I 0,000 gallons of gasoline per month
(50,000 gallons of gasoline per month in the case of an
independent small business marketer of gasoline) are subject
to this regulation and shall demonstrate to the administrative
authority their average monthly volume of motor vehicle
fuel dispensed. This information shall be submitted to the
administrative authority no later than 90 days after
promulgation of this regulation. The criteria that mandate the
installation of gasoline vapor recovery equipment are
determined by calculating the average volume of motor
vehicle fuel dispensed per month, without facility shutdown,
for the most recent two-year period, and shall be calculated
monthly. If data for two years is not available, this
calculation shall be based on the monthly average for the
most recent 12 calendar months, including only those
months for which the facility was operating.
AQ377 §2132.B.4;LAd67; LA064.02;AQ377;LR44:1242(7/20/2018) SIP effective 7/6/2020 (LAd67)
4. Except as provided in Subsection J of this Section,
facilities subject to the provisions of this Section shall
demonstrate compliance according to the following
schedule:
AQ158 §2132.B.4.a to B.4.d;LAd34;LA021.04;AQ158;LR23:1682(12/20/1997)SIP effective August 4, 2011 (LAd34)
a. facilities for which new construction commenced
after November 15, 1990, must comply with these
requirements not later than May 20, 1993;
b. facilities constructed before November 15,1990,
which have an average monthly throughput rate of 100,000
gallons or more of gasoline per month must comply prior to
November 20, 1993;
c. facilities constructed before November 15, 1990,
which have an average monthly throughput rate between
10,000 and 100,000 gallons of gasoline per month must
comply not later than November 20, 1994; and
d. existing facilities previously exempted from, but
which become subject to, the requirements of this regulation
shall comply with the requirements of this regulation within
one year from the date on which the facility becomes subject.
AQ377 §2132.B.5;LAd67; LA064.02;AQ377;LR44:1242(7/20/2018) SIP effective 7/6/2020 (LAd67)
5. Except as provided in Subsection J of this Section,
no owner or operator as described in Paragraphs B. I, 2, and
3 of this Section shall cause or allow the dispensing of motor
vehicle fuel at any time unless all fuel dispensing operations
are equipped with and utilize a stage II vapor recovery
system certified by CARB on or before March 31, 200 I, that
is properly installed and operated in accordance with the
corresponding CARB executive order. The vapor recovery
equipment must also be installed and operated within the
guidelines of the National Fire Protection Association
(NFPA) 30. The vapor recovery equipment utilized shall be
certified by CARB or equivalent certification authority
approved by the administrative authority* to attain a
minimum of 95 percent gasoline vapor control efficiency.
This certified equipment shall have coaxial hoses and shall
not contain remote check valves. In addition, only CARB or
equivalent approved aftermarket parts and CARB or
equivalent approved rebuilt parts shall be used for
installation or replacement use. CARB certified enhanced
vapor recovery systems and/or individual parts are
approvable by the administrative authority* as equivalent
alternatives.
AQ377 §2132.B.6;LAd67; LA064.02;AQ377;LR44:1243(7/20/2018) SIP effective 7/6/2020 (LAd67)
6. Except as provided in Subsection J of this Section,
the regulated facility shall submit the following application
information to the Office of Environmental Assessment prior
to installation of the stage II vapor recovery system:
MM002 §2132.B.6.a.;LAd47;LA039.05;MM002;LR33:2086 (10/20/2007) SIP effective February 29, 2016 (LAd47),
a. plans for installation of the Stage II Vapor Recovery System, including approved equipment (per Subsection B.5 of this Section) and piping, together with the proposed construction schedule;
AQ158 §2132.B.6.b;LAd34;LA021.04;AQ158;LR23:1682(12/20/1997)SIP effective August 4, 2011 (LAd34)
b. plans to test for proper operation of the Stage II
equipment in accordance with Subsection D.1.a of this Section
or upon major system modification;
c. information in the application for approval form shall include:
i. the facility name and address;
ii. signature of the owner or operator;
AQ158 §2132.B.6.c.iii;LAd34;LA021.04;AQ158;LR23:1682(12/20/1997)SIP effective August 4, 2011 (LAd34)
iii. the CARB or equivalent executive order number
of the vapor recovery system to be utilized; and
iv. any other pertinent information.
AQ377 §2132.B.7;LAd67; LA064.02;AQ377;LR44:1243(7/20/2018) SIP effective 7/6/2020 (LAd67)
7. Once a facility becomes subject to this regulation.
that facility shall continue to be subject to this regulation
even if throughput drops back below the throughput
exemption level until the facility decommissions its stage II
equipment in accordance with Paragraph J.4 of this Section.
AQ291 §2132.B.8 (New);LAd58;LA040.04;AQ291;LR34:2397(11/20/2008), SIP effective September 28, 2017 (LAd58)
8. Exemption. Any segregated motor vehicle fuel
dispensing system used exclusively for the fueling and/or
refueling of vehicles equipped with onboard refueling vapor
recovery equipment (e.g., initial fueling of new vehicles at
automobile assembly plants, refueling of rental cars at rental
car facilities, and refueling of flexible fuel vehicles at E85
dispensing pumps), located at a facility subject to this
regulation, is exempt from the requirements in Paragraphs
B.5 and 6 of this Section.
AQ291 §2132.B.9 (from §2132.B.8 and revised);LAd58;LA040.04;AQ291;LR34:2397(11/20/2008), SIP effective September 28, 2017 (LAd58)
9. Upon request by the Department of Environmental
Quality, the owner or operator of a facility that claims to be
exempt from the requirements of this Section shall submit
supporting records to the Office of Environmental
Assessment within 30 calendar days from the date of the
request. The Department of Environmental Quality shall
make a final determination regarding the exemption status of
a facility.
AQ377 §2132.C.-C.1.;LAd67; LA064.02;AQ377;LR44:1243(7/20/2018) SIP effective 7/6/2020 (LAd67)
C. Training
I. Except as provided in Subsection J of this Section.
at least one owner/operator/employee from each facility
shall receive training in the categories listed in this Section.
For each person who successfully completes training, a
certificate or other proof of training shall be required. The
required training shall be completed prior to the initiation of
operation of a facility's stage II vapor recovery equipment.
Training shall include the following areas:
§2132..C.1.a to C.1.e. approved by EPA March 25, 1994 (59 FR 14114) SIP effective May 24, 1994 (LAc61).
a. purposes and effects of the Stage II vapor control program;
b. equipment operation and function specific to the facility's system;
c. maintenance schedules and requirements for the facility's equipment;
d. equipment warranties; and
e. equipment manufacturer contacts (names, addresses and telephone numbers) for parts and service.
§2132..C.2. approved by EPA March 25, 1994 (59 FR 14114) SIP effective May 24, 1994 (LAc61).
2. The administrative authority shall accept equipment manufacturers' seminars as a form of
training with proof of attendance or completion after evaluation. Other types of training may be
accepted upon approval by the Department of Environmental Quality.
AQ377 §2132.D.-D.1.;LAd67; LA064.02;AQ377;LR44:1243(7/20/2018) SIP effective 7/6/2020 (LAd67)
D. Testing
1. Except as provided in Subsection J of this Section,
the owner/operator of the facility shall have the installed
vapor recovery equipment tested prior to the start-up of the
facility. The owner or operator shall notify the Office of
Environmental Assessment at least five calendar days in
advance of the scheduled date of testing. Testing must be
performed by a contractor that is certified with the
Department of Environmental Quality. Compliance with the
emission specification for stage II equipment shall be
demonstrated by passing the following required tests or
equivalent for each type of system:
AQ158 §2132.D.1.a to D.1.a.iii;LAd34;LA021.04;AQ158;LR23:1682(12/20/1997)SIP effective August 4, 2011 (LAd34)
a. vapor balance system:
i. a static pressure test (CARB test procedure TP
201.3) shall be initially conducted and successfully passed
after installation of the vapor recovery system and prior to
initiating operation of the vapor recovery system and once
every year thereafter;
ii. a dynamic pressure drop test (San Francisco Bay
Area Dynamic Back Pressure Test Procedure ST-27) shall be
initially conducted and successfully passed after installation
of the vapor recovery system and prior to initiating operation
of the vapor recovery system and once every year thereafter,
and
iii. a liquid blockage test (San Diego Test Procedure
TP-91-2) shall be initially conducted and successfully passed
after installation of the vapor recovery system and prior to
initiating operation of the vapor recovery system and once
every five years thereafter;
AQ158 §2132.D.1.b to D.1.b.iii;LAd34;LA021.04;AQ158;LR23:1683(12/20/1997)SIP effective August 4, 2011 (LAd34)
b. vacuum assist system:
i. a static pressure test (CARB test procedure TP
201.3) shall be initially conducted and successfully passed
after installation of the vapor recovery system and prior to
initiating operation of the vapor recovery system and once
every year thereafter;
ii. an air to liquid volume ratio test (CARB test
procedure TP 20l.5) shall be initially conducted and
successfully passed after installation of the vapor recovery
system and prior to initiating operation of the vapor recovery
system and once every year thereafter; and
iii. a liquid blockage test (San Diego Test Procedure
TP-91-2) shall be initially conducted and successfully passed
after installation of the vapor recovery system and prior to
initiating operation of the vapor recovery system and once
every five years thereafter.
AQ225 §2132.D.2;LAd34;LA021.08;AQ225;LR29:0558(4/20/2003)
2. The test methods used are contained in the
Environmental Protection Agency document entitled,
"Technical Guidance Stage II Vapor Recovery Systems for
Control of Vehicle Refueling Emissions at Gasoline
Dispensing Facilities, EPA-450-3-9l-022b" and the CARB
Stationary Source Test Methods, Volume 2, April 12, 1996
MM002 §2132.D.3.;LAd47;LA039.05;MM002;LR33:2086 (10/20/2007) SIP effective February 29, 2016 (LAd47),
3. The department reserves the right to confirm the
results of the aforementioned testing at its discretion and at
any time. Within 30 days after installation or major system
modification of a vapor recovery system, the owner or
operator of the facility shall submit to the Office of
Environmental Compliance the date of completion of the
installation or major system modification of a vapor
recovery system and the results of all functional testing
requirements.
AQ377 §2132.E.;LAd67; LA064.02;AQ377;LR44:1243(7/20/2018) SIP effective 7/6/2020 (LAd67)
E. Labeling. Except as provided in Subsection J of this
Section, the facility owner/operator shall post operating
instructions conspicuously on the front of each gasoline
dispensing pump using a stage II vapor recovery system. The
instructions shall include:
AQ158 §2132.E.1 to E.3;LAd34;LA021.04;AQ158;LR23:1683(12/20/1997)SIP effective August 4, 2011 (LAd34)
1. a clear description of how to correctly dispense
gasoline with the vapor recovery nozzles utilized at the site;
2. a warning that continued attempts at dispensing
gasoline after the system indicates that the vehicle tank is full
("topping off') may result in spillage or recirculation of
gasoline; and
3. a telephone number established by the department for
use by the public to report comments, questions, or problems
experienced with the system.
AQ377 §2132.F. and F.1.;LAd67; LA064.02;AQ377;LR44:1243(7/20/2018) SIP effective 7/6/2020 (LAd67)
F. Inspection
1. Until the stage II equipment is decommissioned in
accordance with Paragraph J .4 of this Section. the facility
owner or operator shall maintain the stage II vapor recovery
system in proper operating condition as specified by the
manufacturer and free of defects that could impair the
effectiveness of the system. including but not limited to:
AQ158 §2132.F.1.a. to F.4;LAd34;LA021.04;AQ158;LR23:1683(12/20/1997)SIP effective August 4, 2011 (LAd34)
a. absence or disconnection of any component
required to be used on a certified or equivalent system;
b. crimped or flattened vapor hose such that the vapor
passage is blocked or restricted;
c. a nozzle boot that is torn in one or both of the
following ways:
i. a triangular-shaped or similar tear more than
1/2 inch on a side or a hole more than 1/2 inch in diameter;
ii. a slit more than 1 inch in length;
d. for balance nozzles a faceplate that is damaged
such that the capability to achieve a seal with a fill pipe
interface is affected for a total of at least one-fourth of the
circumference of the faceplate;
e. for nozzles in vacuum assist type systems, a
flexible cone for which a total of at least one-fourth of the
cone is damaged or missing;
f. a nozzle shutoff mechanism that malfunctions in
any manner;
g. vapor return lines, including such components as
swivels, anti-recirculation valves, and underground piping,
that malfunction, are blocked, or are restricted such that the
pressure drop through the line exceeds by a factor of two or
more the value as certified in the approved system;
h. a vapor processing unit that is inoperative;
i. a vacuum producing device that is inoperative;
j. pressure/vacuum valves, vapor check valves, or dry
breaks that are inoperative;
k. a vapor guard that is missing or damaged such that
a slit from the outer edge of the open end flange to the spout
anchor clamp exists or that has an equivalent cumulative
damage;
l. any equipment defect that is identified by the
department as substantially impairing the effectiveness of the
system in reducing refueling vapor emissions; or
m. any gasoline leaks as detected by sight, sound, or
smell.
2. The owner or operator shall perform daily inspections
and accurately record the results of the inspections.
3. Any equipment having a defect, as determined
through daily visual inspections or other means, shall be
tagged "out of order" by the facility owner or operator and
shall not be used until it has been repaired or replaced.
4. Any equipment that has been tagged "out of order"
by the department shall not be used until it has been repaired
or replaced.
AQ158 §2132.G to G.4;LAd34;LA021.04;AQ158;LR23:1683(12/20/1997)SIP effective August 4, 2011 (LAd34)
G. Recordkeeping. The facility owner/operator shall
maintain the following records on the facility premises for at
least two years and present them to an authorized
representative of the department upon request:
1. application approval records;
2. certificate to operate;
3. system installation and testing results;
4. Stage II maintenance records, which shall include,
but not be limited to, daily visual inspections for
malfunctions;
AQ225 §2132.G.5;LAd34;LA021.08;AQ225;LR29:0558(4/20/2003)SIP effective August 4, 2011 (LAd34)
5. department inspection records;
AQ158 §2132.G.6 to G.7;LAd34;LA021.04;AQ158;LR23:1683(12/20/1997)SIP effective August 4, 2011 (LAd34)
6. compliance records; and
7. training certification.
AQ158 §2132.H to H.1;LAd34;LA021.04;AQ158;LR23:1683(12/20/1997)SIP effective August 4, 2011 (LAd34)
H. Enforcement
1. Enforcement of these regulations, authorized under
R.S. 30:2054, shall include, but not be limited to, the
following penalties:
AQ225 §2132.H.1.a to H.1.b;LAd34;LA021.08;AQ225;LR29:0558(4/20/2003)SIP effective August 4, 2011 (LAd34)
a. notices of corrected violations;
b. compliance orders;
AQ158 §2132.H.1.c to H.1.g;LAd34;LA021.04;AQ158;LR23:1684(12/20/1997)SIP effective August 4, 2011 (LAd34)
c. cease and desist orders;
d. suspension of license or permit to operate;
e. revocation of license or permit to operate;
f. monetary fines; and
g. "red tagging" equipment to prevent its operation.
AQ158 §2132.H.2 to H.2.b;LAd34;LA021.04;AQ158;LR23:1684(12/20/1997)SIP effective August 4, 2011 (LAd34)
2. The administrative authority may consider requests
from a small business stationary source for modification of:
a. any work practice or technological method of
compliance; or
b. the schedule of milestones for implementing such
work practice or method of compliance preceding any
applicable compliance date, based on the technological and
financial capability of any such small business stationary
source. No such modification may be granted unless it is in
compliance with the applicable requirements of the Louisiana
Environmental Quality Act and the Federal Clean Air Act,
including the requirements of the applicable implementation
plan. Where such applicable requirements are set forth in
federal regulations, only modifications authorized in such
regulations may be allowed.
AQ377 §2132.I.;LAd67; LA064.02;AQ377;LR44:1243(7/20/2018) SIP effective 7/6/2020 (LAd67)
I. Fees. The fees are defined in LAC 33:III.223.
AQ377 §2132.J;LAd67;LA064.02;AQ377;LR44:1243(7/20/2018) SIP effective 7/6/2020 (LAd67)
J. Termination of Stage II Program
1. The provisions of this Subsection shall be effective
upon the effective date of final approval by the EPA of a
revision to the state implementation plan (SIP) to
incorporate this Subsection.
2. Notwithstanding any other provision, a new facility
constructed after EPA approval of the SIP revision in
Paragraph J. I of this Section is exempt from requirements of
this Section.
3. An existing facility with stage II vapor recovery
equipment shall complete decommissioning of the stage II
equipment no later than 18 months from EPA approval of the
SIP revision in Paragraph I of this Subsection. The failure to
properly and timely decommission a stage II vapor recovery
system in accordance with this Subsection shall be a
violation of the Act and these regulations and subject to an
enforcement action, which may include requiring
decommissioning of the stage II vapor recovery system
and/or the prohibition of the sale/dispensing of gasoline at
the facility. Once the decommission of the stage II vapor
recovery system has been completed in accordance with this
Subsection, the facility is no longer subject to the
requirements of this Section, except to comply with
notifications. procedures, and recordkeeping associated with
decommissioning.
4. Decommissioning
a. All decommissioning shall be performed in
accordance with this Paragraph.
i. Notice
(a). The owner or operator of a facility shall
submit written notification of intent to decommission the
stage II vapor recovery equipment at least 30 calendar days
prior to the beginning of any decommissioning activity to the
Louisiana Department Environmental Quality. The notice of
intent shall include:
(i). gasoline dispensing facility name and
location address;
(ii). owner name, address. and phone
number;
(iii). operator name. address. and phone
number;
(iv). on-site supervisor/contractor name.
address, and phone number; and
(v). planned decommissioning start date.
(b). If decommissioning activities are not
initiated within 180 calendar days after the date the notice of
intent to decommission is received by the department, the
owner or operator of the gasoline dispensing facility shall
refile the notice of intent to decommission for the gasoline
dispensing facility location.
(c). The owner or operator of the gasoline
dispensing facility shall notify the department in writing no
later than I 0 calendar days after completion of all
decommissioning activity at the gasoline dispensing facility.
b. Required Decommissioning Activities
i. Only technicians who have received
appropriate training, have all of the required tools, and
possess the required regulatory and equipment-manufacturer
certifications shall perform the stage II decommissioning
procedure.
ii. The owner or operator of the gasoline
dispensing facility shall perform and complete all of the
following decommissioning activities. as applicable, in a
manner consistent with the 2009 Petroler4m Equipment
Institute Recommended Practices 300-09 (PEIIRP 300-09).
section 14 for the particular stage II vapor recovery system
equipment installed at the gasoline dispensing facility,
including:
(a). initiate safety procedures appropriate to the
facility;
(b). relieve pressure in the tank ullage by
removing all pressure/vacuum vent valves;
(c). drain all liquid collection points and vapor
pumps for individual dispensers;
(d). remove all centrally located vapor pumps;
(e). disconnect all electrical components of the
stage II system so that no electrical hazards are created (e.g.,
all vapor pumping or processing units and dispenser
electronics);
(f). reprogram the dispenser electronics to reflect
that stage II vapor recovery is no longer in service;
(g). securely seal the below-grade vapor piping
at a height below the level of the base of the dispenser using
only threaded plugs, threaded caps. or glued fittings;
(h). disconnect and seal off the vapor piping at
the tank top if this can be done without excavation and
without interfering with the vent line using only threaded
plugs, threaded caps, or glue fittings;
(i). securely seal the lower end of the vapor
piping inside the dispenser cabinet using only threaded
plugs, threaded caps, or glue fittings:
(j). replace the stage II hanging hardware
including hoses, nozzles, swivels, and breakaway
components with conventional, industry-standard hanging
hardware;
(k). install appropriate pressure/vacuum vent
valve(s);
(l). remove any stage II instructions from the
dispenser cabinet;
(m). conduct a visual check to verify that the
visible components of the storage system are left in a
condition that will reliably prevent the release of any vapors
or liquids from any components of the storage system;
(n). conduct a pressure decay test;
(o). disconnect the central vacuum motor if
present on the stage II system and seal piping using only
threaded plugs. threaded caps, or glue fittings;
(p). provide written documentation, as provided
on the department website, including the stage II
decommissioning checklist and any contracts, work orders,
certifications, or other appropriate record that the
appropriate work to decommission Stage II equipment was
performed; and
(q). complete all decommissioning activity at a
gasoline dispensing facility location within 30 calendar days
after the date decommissioning activity was initiated.
iii. Stage II dispensers may be removed and
replaced with conventional dispensers, provided any
applicable procedures in Clause ii of this Subparagraph are
performed in a manner consistent with the Petroleum
Equipment Institute Recommended Practices 300·09 (PEI/RP
300·09), section 14 for the particular stage II vapor recovery
system equipment installed at the gasoline dispensing
facility.
c. Decommissioning Completion Notice
i. The owner or operator . of the gasoline
dispensing facility shall notify, in writing, the department no
later than I 0 calendar days after completion of all
decommissioning activity at the gasoline dispensing facility.
Notification shall include:
(a). gasoline dispensing facility name and
(b). owner name, address, and telephone number;
(c). operator name, address, and telephone
number; and
(d). provide a copy of the documentation,
including the checklist, demonstrating the appropriate
actions for decommissioning of stage II equipment.
d. The stage II equipment shall be considered as
decommissioned upon receipt of the decommissioning
completion notice by the department.
e. The facility owner/operator shall maintain all
documents related to decommissioning activities for at least
four years and present them to an authorized representative
of the department upon request. These documents may
include:
i. checklists, contracts and invoices associated
with decommissioning of the stage II vapor recovery system;
and
ii. contracts, invoices, check lists, and results for
required testing for decommissioning of the stage II vapor
recovery system.
**End Louisiana Section 2132 SIP effective July 6, 2020**LAd67**LA064**ax6***