As used in this subpart:

1. (1)

   1. (A) “Coaxial system” means the delivery of the product to the stationary storage tank and the recovery of vapors from the stationary storage tank occurs through a single coaxial fill tube that is a tube within a tube.
   2. (B) Product is delivered through the inner tube, and vapor is recovered through the annular space between the walls of the inner tube and outer tube;
2. (2) “Delivery vessel” means tank trucks or trailers equipped with a storage tank and used for the transport of gasoline from sources of supply to stationary storage tanks of gasoline dispensing facilities;
3. (3) “Dual point system” means the delivery of the product to the stationary storage tank and the recovery of vapors from the stationary storage tank occurs through two (2) separate openings in the storage tank and two (2) separate hoses between the tank truck and the stationary storage tank;

4. (4)

   1. (A) “Gasoline” means any petroleum distillate or blend of petroleum distillates with other combustible liquids that is used as a fuel for internal combustion engines and has a Reid vapor pressure of four pounds per square inch (4.0 psi) or greater.
   2. (B) This does not include diesel fuel or liquefied petroleum gas;
5. (5) “Gasoline dispensing facility” means any site where gasoline is dispensed to motor vehicle gasoline tanks from stationary storage tanks;
6. (6) “Gasoline service station” means any gasoline dispensing facility where gasoline is sold to the motoring public from stationary storage tanks;

7. (7)

   1. (A) “Independent small business marketer” means a person engaged in the marketing of gasoline unless such person:

      1. (i) Is a refiner or controls, is controlled by, or is under common control with a refiner or is otherwise directly or indirectly affiliated with a refiner or with a person who controls, is controlled by, or is under common control with a refiner, unless the sole affiliation referred to 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
      2. (ii) Receives less than fifty percent (50%) of his or her annual income from refining or marketing of gasoline.
   2. (B) For purposes of this subpart, 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 sixty-five thousand (65,000) barrels per day.
   3. (C) For purposes of this section, “control” of a corporation means ownership of more than fifty percent (50%) of its stock;
8. (8) “Leak free” means a condition in which there is no liquid gasoline escape or seepage of more than three (3) drops per minute from gasoline storage, handling, and ancillary equipment, including, but not limited to, seepage and escapes from aboveground fittings;
9. (9) “Line” means any pipe suitable for transferring gasoline;
10. (10) “Nonattainment area” means a county or counties designated by the United States Environmental Protection Agency as not meeting the national ambient air quality standards for ozone;
11. (11) “Operator” means any person who leases, operates, controls, or supervises a facility at which gasoline is dispensed;
12. (12) “Owner” means any person who has legal or equitable title to the gasoline storage tank at a facility;
13. (13) “Poppeted vapor recovery adaptor” means a vapor recovery adaptor that automatically and immediately closes itself when the vapor return line is disconnected and maintains a tight seal when the vapor return line is not connected;
14. (14) “Stationary storage tank” means a gasoline storage container that is a permanent fixture;

15. (15) “Submerged fill pipe” means any fill pipe with a discharge opening that is entirely submerged when the pipe normally used to withdraw liquid from the tank can no longer withdraw any liquid, or that is entirely submerged when the level of the liquid is:

    1. (A) Six inches (6”) above the bottom of the tank if the tank does not have a vapor recovery adaptor; or

    2. (B)

       1. (i) Twelve inches (12”) above the bottom of the tank if the tank has a vapor recovery adaptor.
       2. (ii) If the opening of the submerged fill pipe is cut at a slant, the distance is measured from the top of the slanted cut to the bottom of the tank;
16. (16) “Throughput” means the amount of gasoline dispensed at a facility; and
17. (17) “Vapor tight” means a condition in which an organic vapor analyzer or a combustible gas detector at a potential volatile organic compounds leak source shows either less than ten thousand parts per million (10,000 ppm) when calibrated with methane, or less than twenty percent (20%) of the lower explosive limit when calibrated and operated according to the manufacturer’s specifications.