PURPOSE: This rule restricts volatile organic compound emissions from the handling of petroleum liquids in three (3) specific areas: petroleum storage tanks with a capacity greater than forty thousand (40,000) gallons, the loading of gasoline into delivery vessels, and the transfer of gasoline from delivery vessels into stationary storage containers. Exemptions are provided for facilities that make transfers into stationary storage containers of certain sizes and types. This rule is necessary to reduce hydrocarbon emissions in the Kansas City metropolitan area that contribute to the formation of ozone.

PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

1. (1) Applicability. This rule applies throughout Clay, Jackson, and Platte Counties.

2. (2) Definitions.

   1. (A) CARB—California Air Resources Board.
   2. (B) Cargo tank—A delivery tank truck or railcar which is loading gasoline or which has loaded gasoline on the immediately previous load.
   3. (C) Condensate (hydrocarbons)—A hydrocarbon liquid separated from natural gas which condenses due to changes in the temperature or pressure, or both, and remains liquid at standard conditions.
   4. (D) Crude oil—A naturally occurring mixture consisting of hydrocarbons and sulfur, nitrogen, or oxygen derivatives of hydrocarbons (or a combination of these derivatives), which is a liquid at standard conditions.
   5. (E) Custody transfer—The transfer of produced crude oil or condensate, or both, after processing or treating, or both, in the producing operations, from storage tanks or automatic transfer facilities to pipelines, or any other forms of transportation.
   6. (F) Delivery vessel—A tank truck, trailer, or railroad tank car.
   7. (G) Department—Missouri Department of Natural Resources.
   8. (H) External floating roof—A storage vessel cover in an open top tank consisting of a double deck or pontoon single deck which rests upon and is supported by petroleum liquid being contained and is equipped with a closure seal(s) to close the space between the roof edge and tank wall.
   9. (I) Gasoline—A petroleum liquid having a Reid vapor pressure four pounds (4 lbs) per square inch or greater.

   10. (J) Gasoline dispensing facility (GDF)— Any stationary facility which dispenses gasoline into the fuel tank of a motor vehicle and is not—

       1. 1. A gasoline distribution facility; or
       2. 2. A manufacturer of new motor vehi-

cles performing initial fueling operations dispensing gasoline into newly assembled motor vehicles equipped with onboard refueling vapor recovery (ORVR) at an automobile assembly plant while the vehicle is still being assembled on the assembly line.

1. (K) Gasoline distribution facility—Any Specific to the Kansas City Metropolitan Area

facility that receives gasoline by pipeline, ship or barge, or cargo tank and subsequently loads the gasoline into gasoline delivery vessels for transport to gasoline dispensing facilities.

1. (L) Lower explosive limit (LEL)—The lower limit of flammability of a gas or vapor at ordinary ambient temperatures expressed in percent of the gas or vapor in air by volume.
2. (M) Monthly throughput—The total volume of gasoline that is loaded into all gasoline storage tanks during a month, as calculated on a rolling thirty (30)-day average.
3. (N) Onboard refueling vapor recovery (ORVR)—A system on motor vehicles designed to recover hydrocarbon vapors that escape during refueling.
4. (O) Petroleum liquid—Petroleum, condensate, and any finished or intermediate products manufactured in a petroleum refinery with the exception of Numbers 2–6 fuel oils meeting ASTM D396-17 requirements as specified in 10 CSR 10-6.040(12), gas turbine fuel oils Number 2-GT–4-GT meeting ASTM D2880-15 requirements as specified in 10 CSR 10-6.040(20), and diesel fuel oils Number 2-D and 4-D meeting ASTM D975- 17 requirements as specified in 10 CSR 10- 6.040(14).
5. (P) Staff director—Director of the Air Pollution Control Program of the Department of Natural Resources, or a designated representative.
6. (Q) Stage I vapor recovery system—A system used to capture the gasoline vapors that would otherwise be emitted when gasoline is transferred from a loading installation to a delivery vessel or from a delivery vessel to a storage tank.
7. (R) Submerged fill pipe—Any fill pipe the discharge opening of which is entirely submerged when the liquid level is six inches (6") above the bottom of the tank. When applied to a tank that is loaded from the side, any fill pipe, the discharge opening of which is entirely submerged when the liquid level is eighteen inches (18") or twice the diameter of the fill pipe, whichever is greater, above the bottom of the tank.
8. (S) True vapor pressure—The equilibrium partial pressure exerted by a petroleum liquid as determined in American Petroleum Institute, Manual of Petroleum Measurement Standards, Chapter 19.2, Evaporative Loss From Floating-Roof Tanks, 2012, as published by the American Petroleum Institute. Copies can be obtained from the API Publishing Services, 1220 L Street, Washington, DC 20005. This rule does not incorporate any subsequent amendments or additions.
9. (T) Ullage—Volume of a container not occupied by liquid.
10. (U) Vapor recovery system—A vapor gathering system capable of collecting the hydrocarbon vapors and gases discharged and a vapor disposal system capable of processing the hydrocarbon vapors and gases so as to limit their emission to the atmosphere.
11. (V) Waxy, heavy pour crude oil—A crude oil with a pour point of fifty degrees Fahrenheit (50 °F) or higher compliant with ASTM D97-12 requirements as specified in 10 CSR 10-6.040(10).
12. (W) Definitions of certain terms specified in this rule, other than those specified in this rule section, may be found in 10 CSR 10- 6.020.

1. (3) General Provisions.

   1. (A) Petroleum Storage Tanks.

      1. 1. No owner or operator of petroleum

storage tanks shall cause or permit the storage in any stationary storage tank of more than forty thousand (40,000) gallons capacity of any petroleum liquid having a true vapor pressure of one and one-half (1.5) pounds per square inch absolute (psia) or greater at ninety degrees Fahrenheit (90 °F), unless the storage tank is a pressure tank capable of maintaining working pressures sufficient at all times to prevent volatile organic compound (VOC) vapor or gas loss to the atmosphere or is equipped with one (1) of the following vapor loss control devices:

1. A. A floating roof, consisting of a

pontoon type, double-deck type or internal floating cover, or external floating cover, that rests on the surface of the liquid contents and is equipped with a closure seal(s) to close the space between the roof edge and tank wall. Storage tanks with external floating roofs shall meet the additional following requirements:

1. (I) The storage tank shall be fitted

with either—

1. (a) A continuous secondary seal

extending from the floating roof to the tank wall (rim-mounted secondary seal); or

1. (b) A closure or other device

approved by the staff director that controls VOC emissions with an effectiveness equal to or greater than a seal required under subpart (3)(A)1.A.(I)(a) of this rule;

1. (II) All seal closure devices shall

meet the following requirements:

1. (a) There are no visible holes,

tears, or other openings in the seal(s) or seal fabric;

1. (b) The seal(s) is intact and uni-

formly in place around the circumference of the floating roof between the floating roof and the tank wall; and

1. (c) For vapor-mounted primary

seals, the accumulated area of gaps exceeding 0.32 centimeters, one-eighth inch (1/8") width, between the secondary seal and the 10 CSR 10-2

tank wall shall not exceed 21.2 cm2 per meter of tank diameter (1.0 in2 per foot of tank diameter);

1. (III) All openings in the external

floating roof, except for automatic bleeder vents, rim space vents, and leg sleeves shall be equipped with—

1. (a) Covers, seals, or lids in the

closed position except when the openings are in actual use; and

1. (b) Projections into the tank

which remain below the liquid surface at all times;

1. (IV) Automatic bleeder vents shall

be closed at all times except when the roof is floated off or landed on the roof leg supports;

1. (V) Rim vents shall be set to open

when the roof is being floated off the leg supports or at the manufacturer’s recommended setting; and

1. (VI) Emergency roof drains shall

have slotted membrane fabric covers or equivalent covers which cover at least ninety percent (90%) of the area of the opening;

1. B. A vapor recovery system with all

storage tank gauging and sampling devices gas-tight, except when gauging or sampling is taking place. The vapor disposal portion of the vapor recovery system shall consist of an adsorber system, condensation system, incinerator or equivalent vapor disposal system that processes the vapor and gases from the equipment being controlled; or

1. C. Other equipment or means of

equal efficiency for purposes of air pollution control as approved by the staff director.

1. 2. Control equipment described in sub-

paragraph (3)(A)1.A. of this rule shall not be allowed if the petroleum liquid other than gasoline has a true vapor pressure of 11.1 psia or greater at ninety degrees Fahrenheit (90 °F). All storage tank gauging and sampling devices shall be gas-tight except when gauging or sampling is taking place.

1. 3. Owners and operators of petroleum

storage tanks subject to this subsection shall maintain written records of maintenance (both routine and unscheduled) performed on the tanks, all repairs made, the results of all tests performed, and the type and quantity of petroleum liquid stored in them.

1. 4. This subsection does not apply to

petroleum storage tanks which—

1. A. Are used to store processed and/or

treated petroleum or condensate when it is stored, processed, and/or treated at a drilling and production installation prior to custody transfer;

1. B. Contain a petroleum liquid with a

true vapor pressure less than 27.6 kilopascals (kPa) (4.0 psia) at ninety degrees Fahrenheit (90 °F);

1. C. Are of welded construction, and

equipped with a metallic-type shoe primary seal and have a shoe-mounted secondary seal or closure devices of demonstrated equivalence approved by the staff director; or

1. D. Are used to store waxy, heavy

pour crude oil.

1. (B) Gasoline Loading.

   1. 1. No owner or operator of a gasoline

distribution facility or delivery vessel shall cause or permit the loading of gasoline into any delivery vessel from a distribution facility unless the distribution facility is equipped with a vapor recovery system or equivalent. The delivery vessel must be in compliance with subsection (3)(D) of this rule.

1. 2. Loading shall be accomplished in a

manner that the displaced vapors and air will be vented only to the vapor recovery system. Measures shall be taken to prevent liquid drainage from the loading device when it is not in use or to accomplish complete drainage before the loading device is disconnected. The vapor disposal portion of the vapor recovery system shall consist of one (1) of the following:

1. A. An adsorber system, condensation

system, incinerator, or equivalent vapor disposal system that processes the vapors and gases from the equipment being controlled and limits the discharge of VOC into the atmosphere to ten (10) milligrams of VOC vapor per liter of gasoline loaded;

1. B. A vapor handling system that

directs the vapor to a fuel gas system; or

1. C. Other equipment of an efficiency

equal to or greater than subparagraph (3)(B)2.A. or B. of this rule if approved by the staff director.

1. 3. Owners and operators of distribution

facilities subject to this subsection shall maintain complete records documenting the number of delivery vessels loaded and their owners.

1. 4. This subsection does not apply to dis-

tribution facilities whose average monthly throughput of gasoline is less than or equal to one hundred twenty thousand (120,000) gallons when averaged over the most recent calendar year, provided that the installation loads gasoline by submerged loading.

1. A. Upon request of the director, these

installations shall submit to the staff director, a report stating gasoline throughput for each month of the previous calendar year.

1. B. Delivery vessels purchased after

April 30, 2004 shall be Stage I equipped.

1. C. Delivery vessels operated by an

exempt installation shall not deliver to Stage I controlled tanks unless the delivery vessel is equipped with and employs Stage I controls.

1. (C) Gasoline Transfer at GDFs.

   1. 1. No owner or operator of a gasoline

storage tank or delivery vessel shall cause or permit the transfer of gasoline from a delivery vessel into a gasoline storage tank with a capacity greater than five hundred fifty (550) gallons unless—

1. A. The storage tank is equipped with

a submerged fill pipe extending unrestricted to within six inches (6") of the bottom of the tank, and not touching the bottom of the tank, or the storage tank is equipped with a system that allows a bottom fill condition;

1. B. All storage tank caps and fittings

are vapor-tight when gasoline transfer is not taking place; and

1. C. Each storage tank is vented via a

conduit that is—

1. (I) At least two inches (2") inside

diameter;

1. (II) At least twelve feet (12') in

height above grade; and

1. (III) Equipped with a pressure/vac-

uum valve that is CARB certified or equivalent as approved by the staff director. The pressure specifications for the pressure/vacuum valves shall be a positive pressure setting of two and one-half to six inches (2.5–6") of water and a negative pressure setting of six to ten inches (6.0–10.0”) of water.

1. 2. Stationary storage tanks with a capac-

ity greater than two thousand (2,000) gallons shall also be equipped with a Stage I vapor recovery system in addition to the requirements of paragraph (3)(C)1. of this rule and the delivery vessels to these tanks shall be in compliance with subsection (3)(D) of this rule.

1. A. The vapor recovery system shall

collect no less than ninety percent (90%) by volume of the vapors displaced from the stationary storage tank during gasoline transfer and shall return the vapors via a vapor-tight return line to the delivery vessel. After the effective date of this rule, all coaxial systems shall be equipped with poppeted fittings.

1. B. At the time of installation and

every six (6) years thereafter, each Stage I vapor recovery system shall be tested according to subsection (5)(E) of this rule. The department must be notified at least seven (7) days prior to the test date to allow an observer to be present. It is not required for the department to be present to observe the test. The test results must be submitted to the staff director within fourteen (14) days of test completion. Each system has to be capable of meeting the static pressure performance requirement of the following equation:

Pf = 2e−760.490/v Where: Pf = Minimum allowable final pressure, inches of water. v = Total ullage affected by the test, gallons. e = Dimensionless constant equal to approximately 2.718. 2 = The initial pressure, inches water.

1. C. Pressure/vacuum valves shall be

tested according to subsection (5)(D) of this rule at the time of installation and every three (3) years thereafter. The department must be notified at least seven (7) days prior to the test date to allow an observer the opportunity to be present. It is not required for the department to be present to observe the test. The test results must be submitted to the staff director within fourteen (14) days of test completion. The pressure specifications for pressure vacuum valves must be a positive pressure setting of two and one-half to six inches (2.5–6") of water and a negative pressure setting of six to ten inches (6–10") of water. The leak rate of each pressure/vacuum valve shall not exceed four tenths (0.40) cubic foot per hour at a pressure of two inches (2.0") of water and four tenths (0.40) cubic foot per hour at a vacuum of four inches (4.0") of water.

1. D. A delivery vessel shall be refilled

only at installations complying with the provisions of subsection (3)(B) of this rule.

1. E. This subsection shall not be con-

strued to prohibit safety valves or other devices required by governmental regulations.

1. 3. No owner or operator of a gasoline

delivery vessel shall cause or permit the transfer of gasoline from a delivery vessel into a storage tank with a capacity greater than two thousand (2,000) gallons unless—

1. A. The owner or operator employs

one (1) vapor line per product line during the transfer. The staff director may approve other delivery systems upon submittal to the department of test data demonstrating compliance with subparagraph (3)(C)2.A. of this rule;

1. B. Each vapor hose is no less than

three inches (3") inside diameter;

1. C. Each product hose is less than or

equal to four inches (4") inside diameter; and

1. D. Any component of the vapor

recovery system that is not preventing vapor emissions as designed is repaired.

1. 4. The owner or operator of a vapor

recovery system subject to subsection (3)(C) of this rule shall maintain records of inspection reports, enforcement documents, gasoline deliveries, routine and unscheduled maintenance, repairs, and all results of tests conducted. Unless otherwise specified in this rule, records have to be kept for two (2) years and made available to the staff director within five (5) business days of a request.

1. 5. The provisions of paragraph (3)(C)2.

of this rule do not apply to transfers made to storage tanks equipped with floating roofs or their equivalent.

1. 6. The provisions of paragraphs (3)(C)

1.–4. of this rule do not apply to stationary storage tanks having a capacity less than or Specific to the Kansas City Metropolitan Area

equal to two thousand (2,000) gallons used exclusively for the fueling of implements of agriculture or were installed prior to June 12, 1986.

1. (D) Gasoline Delivery Vessels.

   1. 1. No owner or operator of a gasoline

delivery vessel shall operate or use a gasoline delivery vessel which is loaded or unloaded at an installation subject to subsections (3)(B) or (C) of this rule unless—

1. A. Cargo tank tightness test is con-

ducted annually;

1. B. The owner or operator obtains the

completed test results signed by a representative of the testing facility upon successful completion of the leak test;

1. C. The delivery vessel is repaired by

the owner or operator and retested within fifteen (15) days of testing if it does not pass the cargo tank tightness test; and

1. D. A copy of the vessel’s current

cargo tank tightness test results are kept with the delivery vessel at all times and made immediately available to the staff director upon request.

1. 2. This subsection shall not be construed

to prohibit safety valves or other devices required by governmental regulations.

1. (E) Owner/Operator Compliance. The owner or operator of a vapor recovery system subject to this rule shall—

   1. 1. Operate the vapor recovery system

and the gasoline loading equipment in a manner that prevents—

1. A. Gauge pressure from exceeding

four thousand five hundred (4,500) pascals (eighteen inches (18") of water) in the delivery vessel;

1. B. A reading equal to or greater than

one hundred percent (100%) of the lower explosive limit (LEL, measured as propane) at two and one-half (2.5) centimeters from all points on the perimeter of a potential leak source when measured by Method 21— Determination of Volatile Organic Compound Leaks as specified in 10 CSR 10-6.030(22) during loading or transfer operations; and

1. C. Visible liquid leaks during loading

or transfer operation;

1. 2. Repair and retest within fifteen (15)

days, a vapor recovery system that exceeds the limits in subsection (3)(E) of this rule; and

1. 3. The owner or operator of a vapor

recovery system subject to subsection (3)(E) of this rule shall maintain records of inspection reports, enforcement documents, gasoline deliveries, routine and unscheduled maintenance, repairs, and all results of tests conducted. Unless otherwise specified in this rule, records shall be kept for two (2) years and made available to the staff director within five (5) business days of a request. (4) Reporting and Record Keeping. The reporting and record keeping requirements are located in paragraphs (3)(A)3., (3)(B)3., (3)(C)4., and (3)(E)3. of this rule. In addition, all records shall be maintained for a minimum of two (2) years, and shall be made immediately available to inspectors upon request.

1. (5) Test Methods.

   1. (A) Testing procedures to determine compliance with subparagraph (3)(D)1.A. shall be performed according to 40 CFR 63.425(e), Subpart R. 40 CFR 63.425(e), Subpart R, promulgated as of June 30, 2018 is hereby incorporated by reference in this rule, as published by the Office of the Federal Register. Copies can be obtained from the U.S. Publishing Office Bookstore, 710 N. Capitol Street NW, Washington, DC 20401. This rule does not incorporate any subsequent amendments or additions.
   2. (B) Testing procedures to determine compliance with subparagraph (3)(B)2.A. of this rule shall be conducted using Method 25— Determination of Total Gaseous Nonmethane Organic Emissions as Carbon as specified in 10 CSR 10-6.030(22) or by any method determined by the staff director.
   3. (C) The staff director, at any time, may monitor a delivery vessel, vapor recovery system or gasoline loading equipment by a method determined by the staff director to confirm continuing compliance with this rule.
   4. (D) Testing procedures to determine compliance with subparagraph (3)(C)2.C. of this rule shall be conducted using California Air Resources Board Vapor Recovery Test Procedure TP-201.1E—Leak Rate and Cracking Pressure of Pressure/Vacuum Vent Valves, adopted October 8, 2003, or by any method determined by the staff director. Test Procedure TP-201.1E is hereby incorporated by reference in this rule, as published by the California Air Resources Board. Copies can be obtained from the California Air Resources Board, PO Box 2815, Sacramento, CA 95812. This rule does not incorporate any subsequent amendments or additions.
   5. (E) Testing procedures to determine compliance with subparagraph (3)(C)2.B. of this rule shall be conducted using California Air Resources Board Vapor Recovery Test Procedure TP-201.3—Determination of 2- Inch WC Static Pressure Performance of Vapor Recovery Systems of Dispensing Facilities, adopted April 12, 1996, and amended March 17, 1999, or by any method determined by the staff director. Test Procedure TP-201.3 is hereby incorporated by reference in this rule, as published by the California Air Resources Board. Copies can be obtained from the California Air Resources Board, PO Box 2815, Sacramento, 10 CSR 10-2

CA 95812. This rule does not incorporate any subsequent amendments or additions.

AUTHORITY: section 643.050, RSMo 2016.* Original rule filed Jan. 15, 1979, effective June 11, 1979. Amended: Filed Oct. 15, 1979, effective March 13, 1980. Amended: Filed March 13, 1980, effective Sept. 12, 1980. Amended: Filed Nov. 2, 1984, effective May 11, 1985. Amended: Filed Feb. 4, 1986, effective May 29, 1986. Amended: Filed Sept. 1, 1987, effective Dec. 24, 1987. Amended: Filed Nov. 27, 1989, effective May 24, 1990. Amended: Filed May 15, 1995, effective Dec. 30, 1995. Amended: Filed Dec. 1, 2000, effective July 30, 2001. Amended: Filed April 1, 2002, effective Nov. 30, 2002. Amended: Filed Aug. 15, 2003, effective April 30, 2004. Amended: Filed May 9, 2018, effective Feb. 28, 2019.

*Original authority: 643.050, RSMo 1965, amended 1972, 1992, 1993, 1995.