PURPOSE: This rule restricts volatile organic compound emissions from the handling of petroleum liquids in five specific areas: petroleum storage tanks with a capacity greater than forty thousand gallons, the loading of gasoline into delivery vessels, the transfer of gasoline from delivery vessels into storage containers, gasoline delivery vessels 10 CSR 10-5

and the fueling of motor vehicles from storage containers. This rule is required to achieve the federally mandated reduction of hydrocarbon emissions in the St. Louis 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) Applicability.

1. (A) This rule shall apply throughout St. Louis City and Jefferson, St. Charles, Franklin and St. Louis Counties.
2. (B) Compliance with this rule does not relieve the owner or operator of the responsibility to comply with other applicable governmental requirements.

3. (C) Exemptions to This Rule and/or Specific Areas of This Rule.

   1. 1. Petroleum storage tanks. Subsection

(3)(A) of this rule shall not apply to petroleum storage tanks that—

1. A. Store processed and/or treated

petroleum or condensate 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 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; and

1. D. Store waxy, heavy pour crude oil.

2. 2. Gasoline loading.

   1. A. Subsection (3)(B) of this rule shall

not apply to a gasoline loading installation 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 the gasoline loading installation loads gasoline by submerged filling and—

1. (I) Owners or operators of gasoline

loading installations submit a report to the staff director on a form supplied by the department stating the gasoline throughput for each month of the previous calendar year. The report shall be submitted no later than February 1 of each year;

1. (II) Delivery vessels purchased

after December 31, 1995, are Stage I equipped;

1. (III) Owners or operators of gaso-

line loading installations maintain records of gasoline throughput and gasoline delivery; and

1. (IV) Delivery vessels operated by

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

1. B. A gasoline loading installation that

fails to meet the requirements of the exemption in subparagraph (1)(C)2.A. of this rule for one (1) calendar year shall not qualify for the exemption again.

1. 3. This rule does not apply to stationary

gasoline tanks with a capacity of less than or equal to five hundred (500) gallons.

1. 4. Subsection (3)(E) of this rule does not

apply to any gasoline dispensing facility (GDF) with one thousand (1,000) gallon or smaller tank(s) and monthly throughput of less than or equal to ten thousand (10,000) gallons of gasoline through the tanks.

1. 5. Paragraph (3)(C)2. of this rule does

not apply to gasoline transfers made to storage tanks equipped with floating roofs or their equivalent.

1. 6. Subsection (3)(C) of this rule does

not apply to any storage tank having a capacity less than or equal to two thousand (2,000) gallons used exclusively for the fueling of agricultural equipment.

1. 7. Subsection (3)(E) of this rule does not

apply to any stationary storage tank used primarily for the fueling of agricultural equipment.

1. (2) Definitions.

   1. (A) Agricultural equipment—Any equipment used exclusively for agricultural purposes on land owned or leased for the production of farm products.
   2. (B) Definitions of certain terms specified in this rule, other than those defined in this rule section, may be found in 10 CSR 10- 6.020.

2. (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 five-tenths (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 must be fitted

with—

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 must

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 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, must 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 must

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

1. (V) Rim vents must 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 must

be provided with 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 absorber system, condensation system, membrane system 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 that may be 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. Reporting and record keeping shall be

per subsection (4)(A) of this rule.

1. (B) Gasoline Loading.

   1. 1. No owner or operator of a gasoline

loading installation or delivery vessel shall cause or permit the loading of gasoline into any delivery vessel from a gasoline loading installation unless the gasoline loading installation is equipped with a vapor recovery system or equivalent. This system or system equivalent shall be approved by the staff director and the delivery vessel shall be in compliance with subsection (3)(D) of this rule.

1. 2. Gasoline loading shall be accom-

plished 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 absorber system, condensation

system, membrane system, 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. Reporting and record keeping shall be

per subsection (4)(B) of this rule.

1. (C) Gasoline Transfer at GDFs.

   1. 1. No owner or operator of a gasoline

storage tank or delivery vessel shall cause or Specific to the St. Louis Metropolitan Area

permit the transfer of gasoline from a delivery vessel into a gasoline storage tank with a capacity greater than five hundred (500) gallons and less than or equal to one thousand (1,000) gallons unless—

1. A. The gasoline 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 gasoline storage tank caps and

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

1. C. Each gasoline storage tank is vent-

ed via a conduit that is—

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

diameter; and

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

height above grade; and

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

uum valve that is certified by the California Air Resources Board (CARB) at three inches water column pressure/eight inches water column vacuum (3"wcp/8"wcv) except when the owner or operator provides documentation that the vapor recovery system is CARB- certified for a different valve and will not function properly with a 3"wcp/8"wcv valve.

1. 2. 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 one thousand (1,000) and less than forty thousand (40,000) gallons unless—

1. A. The gasoline storage tank is

equipped with a Stage I vapor recovery system that is certified by a CARB Executive Order as having a collection efficiency of at least ninety-eight percent (98%);

1. B. The delivery vessel to these tanks

is in compliance with subsection (3)(D) of this rule;

1. C. All vapor ports are poppeted fit-

tings;

1. D. The delivery vessel is reloaded at

installations complying with the provisions of subsection (3)(B) of this rule;

1. E. The vapor recovery system

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

1. F. All vapor hoses are at least three

inches (3") inside diameter; and

1. G. All product hoses are less than or

equal to four inches (4") inside diameter.

1. 3. The director may approve a vapor

recovery system or component that deviates from the requirements of subparagraph (3)(C)2.A. of this rule when provided documentation that—

1. A. The system or component has a

collection efficiency of at least ninety-eight percent (98%); and

1. B. Compliance with the requirements

of subparagraph (3)(C)2.A.of this rule would lead to noncompliance with other state or federal regulations or to improper functioning of the gasoline storage tank system.

1. 4. Aboveground gasoline storage tanks

at GDFs shall not have a capacity greater than one thousand (1,000) gallons.

1. 5. This subsection does not prohibit

safety valves or other devices required by government regulations.

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 subsection (3)(B) or (3)(C) of this rule unless—

1. A. The delivery vessel is tested annu-

ally to demonstrate compliance with the test method specified in 40 CFR 63.425(e);

1. B. The owner or operator obtains the

completed test results signed by a representative of the testing installation upon successful completion of the leak test.

1. C. A copy of the vessel’s current test

results are kept with the delivery vessel at all times and made immediately available to the staff director upon request; and

1. D. The delivery vessel is repaired by

the owner or operator and retested within fifteen (15) business days of testing if it does not meet the leak test criteria of subparagraph (3)(D)1.A. of this rule.

1. 2. An owner or operator of a gasoline

delivery vessel who can demonstrate to the satisfaction of the staff director that the vessel has passed a current annual leak test in another state shall be deemed to have satisfied the requirements of subparagraph (3)(D)1.A. of this rule, if the other state’s leak test program requires the same gauge pressure and test procedures as specified in subparagraph (3)(D)1.A. of this rule.

1. 3. Reporting and record keeping shall be

performed as specified in subsection (4)(C) of this rule.

1. 4. This subsection does not prohibit safe-

ty valves or other devices required by government regulations.

1. (E) Fueling of Motor Vehicles at GDFs.

   1. 1. GDFs not equipped with a Stage II

vapor recovery system. Owners or operators shall—

1. A. Employ vapor-tight tank gauging

and sampling sites or ports, valves, break- 10 CSR 10-5

aways, joints, and disconnects on the vapor recovery systems to prevent emissions of volatile organic compounds except during gauging or sampling; and

1. B. Ensure that motor vehicle refueling

meets the requirements of 40 CFR 80.22(j) promulgated June 26, 1996, and hereby incorporated by reference in this rule, as published by the Office of Federal Register, U.S. National Archives and Records, 700 Pennsylvania Avenue NW, Washington, D.C. 20408. This rule does not incorporate any subsequent amendments or additions.

1. 2. GDFs equipped with a Stage II vapor

recovery system.

1. A. Owners or operators shall—

   1. (I) Comply with the requirements

of subparagraphs (3)(E)1.A.–B. of this rule.

1. (II) Maintain the Stage II vapor

recovery system in good working order in accordance with the manufacturer’s specifications and with no indication of visible liquid leaks. Vapor recovery system components may only be replaced with components that have equivalent performance;

1. (III) Post operation instructions

conspicuously in the gasoline dispensing area for the vapor recovery system in use at each GDF. The instructions shall clearly describe how to fuel vehicles correctly with vapor recovery nozzles utilized at that GDF. The instructions shall also include a warning that repeated attempts to continue dispensing gasoline after the system has indicated that the vehicle fuel tank is full may result in spillage of gasoline;

1. (IV) Decommission the Stage II

vapor recovery system no later than December 31, 2015. The decommissioning must be performed in accordance with the department’s Stage II Decommissioning Checklist.

1. B. The staff director shall identify and

list specific defects that substantially impair the effectiveness of components or systems used for the control of gasoline vapors resulting from motor vehicle fueling operations. This ongoing list shall be used by the staff director as a basis for marking the components or systems out-of-order and shall be made available to any GDF with a Stage II vapor recovery system in place.

1. C. Upon the staff director’s identifi-

cation of substantial defects in equipment or installation of a Stage II vapor recovery system, the system or components shall be marked “out-of-order” and no person shall use or permit the use of that system or component until those defects and all other defects have been repaired, replaced, or adjusted to establish compliance. The components or system may be released into operation when the staff director has reinspected the installation; found the system and components to be in good working order; and removed the “out-oforder” notice. The staff director shall reinspect the previously marked “out-of-order” system or component and other noted defects as expeditiously as possible after notification from the operator that the repairs have been completed. In no case shall the reinspection be more than four (4) business days from the operator’s notification that the repairs have been completed. In those cases in which the reinspection cannot be scheduled within the required time, the owner or operator may remove the “out-of-order” notice with permission of the staff director. If reinspection reveals that compliance has not been established, the system or components shall remain tagged “out-of-order.” The staff director shall conduct a second reinspection within seven (7) business days from the operator’s notification that repairs have been completed.

1. 3. After the effective date of this rule,

no owner or operator of a GDF may install a new Stage II vapor recovery system.

1. (F) Permits Required.

   1. 1. No owner or operator of a GDF sub-

ject to subsections (3)(C) or (3)(E) of this rule may construct or modify a Stage I or Stage II vapor recovery system without obtaining a construction permit according to subsection (3)(G) of this rule; and

1. 2. No owner or operator of a GDF sub-

ject to subsections (3)(C) or (3)(E) of this rule shall operate without an operating permit obtained according to subsection (3)(H) of this rule.

1. (G) Construction Permits for Vapor Recovery Systems for New GDFs, Vapor Recovery System Modification for Existing GDFs, and Stage I experimental technology.

   1. 1. Construction of a new GDF that

requires a Stage I vapor recovery system, decommission of an existing Stage II vapor recovery system, or major modification to an existing GDF. An owner or operator constructing a new GDF that requires a Stage I vapor recovery system, decommissioning an existing Stage II vapor recovery system, or modifying an existing vapor recovery system such that the fixed capital costs of the new components will exceed fifty percent (50%) of the fixed capital cost of a new gasoline dispensing system (including only those components directly related to gasoline dispensing and storage) shall—

1. A. Submit an application on a form

supplied by the department for a permit to construct at least thirty (30) days prior to beginning construction. The application shall include:

1. (I) Complete diagrams and a thor-

ough description of the planned installation;

1. (II) Plumbing diagrams including

vent lines and material of all underground and aboveground plumbing;

1. (III) For gasoline storage tanks sub-

ject to paragraph (3)(C)2. of this rule, current CARB Executive Orders for the proposed Stage I vapor recovery system;

1. (IV) Detailed description of the

storage tank(s); and

1. (V) Schedule of construction;
2. B. Obtain a construction permit prior

to beginning construction;

1. C. Display the construction permit in

a prominent location during construction;

1. D. Establish compliance with all rules

and requirements of Division 10 of Title 10 of the Code of State Regulations;

1. E. Obtain staff director approval of

final test methods and procedures that will be used to demonstrate compliance;

1. F. Meet the testing requirements in

subparagraph (3)(H)1.B. of this rule; and

1. G. Obtain and maintain on-site, in a

prominent location, the current operating permit from the director for the site and the specific vapor recovery system that was installed. The operating permit shall be maintained according to subsection (3)(H) of this rule.

1. 2. Minor modification to existing GDF.

An owner or operator of an existing GDF modifying an existing vapor recovery system such that the fixed capital costs of the new components will not exceed fifty percent (50%) of the fixed capital cost of a new gasoline dispensing system (including only those components directly related to gasoline dispensing and storage) shall—

1. A. Submit a construction permit noti-

fication prior to construction for projects that include, but are not limited to, any modification that—

1. (I) Requires breaking concrete in

an area within fifteen (15) feet of the vapor lines or vent lines;

1. (II) Modifies vapor lines or vent

lines themselves;

1. (III) Affects the operation of the

vapor recovery system; or

1. (IV) Could result in improper func-

tioning of the vapor recovery system;

1. B. Supply any information requested

by the staff director for the specific installation. Such information may include, but is not limited to, plumbing diagrams, including vapor or vent lines; material of all underground and aboveground plumbing; current CARB executive orders for the proposed vapor recovery system and equipment; and proof of compliance with all rules and requirements of Division 10 of Title 10 of the

1. C. Modify the vapor recovery system

in accordance with the rules and requirements of Division 10 of Title 10 of the Code of State Regulations. If, after review of the application, or inspection of the modification to the vapor recovery system, it is discovered that the modification is not in compliance with the rules and requirements of Division 10 of Title

or operator will be subject to enforcement action, and must bring the facility back into compliance with the rules and requirements of Division 10 of Title 10 of the Code of State Regulations;

1. D. Meet the testing requirements in

paragraph (3)(H)1. of this rule; and

1. E. Upon completion of testing, obtain

and display, in a prominent location, on-site the current operating permit from the director for the specific site and the specific vapor recovery system that was installed. The operating permit shall be maintained according to subsection (3)(H) of this rule.

1. 3. Experimental Stage I technology. The

director may approve Stage I experimental technology for a specific GDF. Experimental technology may be approved for up to three (3) years for a limited number of GDFs under specific conditions determined by the staff director. GDFs applying for approval of experimental technology shall—

1. A. Submit an application for director

approval at least ninety (90) days prior to beginning construction. The application shall include, but not be limited to:

1. (I) Complete diagrams and a thor-

ough description of the planned installation;

1. (II) Plumbing diagrams including

vent lines and material of all underground and aboveground plumbing; and

1. (III) Standards, test data, history,

and related information for the proposed system;

1. B. Submit to the staff director a

detailed plan for the construction and operation of the system. The plan shall include a description of the planned testing and record keeping for the GDF. The director may issue the construction permit when all conditions of the testing GDF are deemed satisfactory;

1. C. Display the construction permit in

a prominent location during construction;

1. D. Install monitoring equipment to

prove that the vapor recovery system is leaktight if requested by the staff director; and

1. E. Upon completion of testing, obtain

and maintain on-site, in a prominent location, a current operating permit from the director for the specific innovative technology that is in operation. The permit shall specify the technology, the location, and the time period the technology will be tested.

1. 4. Emergency Repairs. Specific to the St. Louis Metropolitan Area

   1. A. Owners or operators of GDFs

requiring emergency repair or replacement of vapor recovery system components may immediately begin corrective construction if the construction is in response to an accident or event that—

1. (I) Creates an abnormally high

threat of fire;

1. (II) Poses an environmental hazard

by allowing release of liquid product onto the ground or abnormal release of vapor into the air; and/or

1. (III) Threatens public safety; and
2. B. Owners or operators of GDFs elect-

ing to make emergency repair or replacement per subparagraph (3)(G)4.A. of this rule shall contact the department within forty-eight (48) hours of the commencement of the repair or replacement to determine what future action is required for compliance with this rule.

1. 5. Owners or operators of GDFs making

minor modifications per paragraph (3)(G)2. of this rule may begin modification upon submittal of the construction permit notification.

1. 6. The director shall issue a construction

permit or a permit rejection within thirty (30) days of receipt of all construction permit applications submitted per paragraph (3)(G)1. of this rule.

1. 7. Owners or operators of GDFs shall

pay the department a fee of one hundred dollars ($100) for each construction permit application submitted in accordance with subsection (3)(G) of this rule.

1. (H) Operating Permits. All owners or operators of installations subject to subsection (3)(C) or (3)(E) of this rule shall apply to the director for an operating permit.

   1. 1. Completion of construction. To obtain

an operating permit after the completion of construction, the owner or operator of a GDF shall—

1. A. Apply to the director for an oper-

ating permit within thirty (30) days of construction completion;

1. B. Conduct and pass a department-

approved pressure decay test, pressure/vacuum valve test, and, where a Stage II vapor recovery system is in place, a dynamic back pressure/liquid blockage test;

1. C. Schedule the test and notify the

staff director at least seven (7) days prior to the test date. The staff director may observe the test, but it is not required that the staff director be present and observe the test;

1. D. Provide the test results to the staff

director;

1. E. Demonstrate that the installation

maintains a system of record keeping that meets the requirements of subsection (4)(D) of this rule; and

1. F. Establish compliance with all rules

and requirements of Division 10 of Title 10 of the Code of State Regulations.

1. 2. Renewal of operating permits. The

operating permit is renewable on the date specified in the initial operating permit and for periods of three (3) years after the initial permit term expires. In order to renew the operating permit the owner or operator of a GDF shall—

1. A. Apply to the director for renewal

of the operating permit and test within ninety (90) days prior to the renewal date;

1. B. Demonstrate that the GDF main-

tained all vapor recovery system components in good operating order during the preceding operating permit term including prompt efforts to establish compliance following “out-of-order” notices;

1. C. Conduct and pass a department-

approved pressure decay test, pressure/vacuum valve test, and, where a Stage II vapor recovery system is in place, a dynamic back pressure/liquid blockage test, prior to the expiration date of the permit;

1. D. Schedule the test and notify the

staff director at least seven (7) days prior to the test date. The staff director may observe the test, but it is not required that the staff director be present and observe the test;

1. E. Provide the test results to the staff

director; and

1. F. Maintain records according to sub-

section (4)(D) of this rule.

1. 3. Owners or operators of an installation

using a vapor recovery system that is decertified by CARB shall establish compliance with this rule within one (1) year or by the next renewal date of the operating permit whichever is longer. Failure to establish compliance will result in nonrenewal of the operating permit.

1. 4. Owners or operators of GDFs shall

pay the department a fee of one hundred dollars ($100) for each operating permit.

1. (I) 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 H2O) 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 point five (2.5) centimeters from all points on the perimeter of a potential leak source when measured by the method referenced in 10 CSR 10-6.030(14)(E) during loading or transfer operations; and 10 CSR 10-5

1. C. Visible liquid leaks during loading

or transfer operations; and

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

days, a vapor recovery system that exceeds the limits in paragraph (3)(I)1. of this rule; and

1. 3. Reporting and record keeping shall be

per subsection (4)(D) of this rule.

1. (4) Reporting and Record Keeping.

   1. (A) Owners and operators of petroleum storage tanks subject to subsection (3)(A) of this rule 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. Records shall be kept for two (2) years and made available to the staff director within five (5) business days of a request.
   2. (B) Owners or operators of gasoline loading installations subject to subsection (3)(B) of this rule shall keep complete records documenting the number of delivery vessels loaded and their owners. Records shall be kept for two (2) years and made available to the staff director within five (5) business days of a request.
   3. (C) Owners or operators of gasoline delivery vessels subject to subsection (3)(D) of this rule shall keep records of all tests and maintenance performed on the vessels. Records shall be kept for two (2) years and made available to the staff director within five (5) business days of a request. Also a copy of the vessel’s current Tank Truck Tightness Test results shall be kept with the delivery vessel at all times and made immediately available to the staff director upon request.
   4. (D) Owner/Operator Compliance. The owner or operator of a vapor recovery system subject to subsection (3)(C), (3)(E), or (3)(I) of this rule shall maintain records of department permits, inspection reports, enforcement documents, training certifications, 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.

2. (5) Test Methods.

   1. (A) Gasoline Loading. Gasoline loading testing procedures to determine compliance with subparagraph (3)(B)2.A. of this rule shall be according to 10 CSR 10-6.030 subsection (14)(A) or by any method determined by the staff director. The staff director, at any time, may monitor an installation subject to subsection (3)(B) of this rule to confirm compliance with this rule.
   2. (B) Gasoline Delivery Vessels. Testing procedures for gasoline delivery vessels to determine compliance with subsection (3)(D) of this rule shall be according to 10 CSR 10- 6.030 subsection (14)(B) or by any method determined by the staff director. The staff director, at any time, may monitor a gasoline delivery vessel subject to subsection (3)(D) of this rule to confirm compliance with this rule.
   3. (C) Fueling of Motor Vehicles and Gasoline Transfer at GDFs. The staff director, at any time, may monitor a GDF subject to subsection (3)(C) or (3)(E) of this rule to confirm compliance with this rule. The staff director may require a leak test, a back pressure blockage test, a pressure/vacuum valve test, or may require any test or monitoring procedure in order to determine compliance with this rule.
   4. (D) All emission controls that are approved by the director will not be considered federally enforceable and will not shield a source from the obligation to comply with the underlying federal emission controls until submitted to EPA and approved by EPA in the state implementation plan.

AUTHORITY: section 643.050, RSMo Supp. 2013.* Original rule filed March 14, 1967, effective March 24, 1967. Amended: Filed Jan. 31, 1972, effective Feb. 10, 1972. Amended: Filed Aug. 25, 1972, effective Sept. 4, 1972. Amended: Filed May 12, 1976, effective Oct. 11, 1976. Amended: Filed Aug. 16, 1977, effective Feb. 11, 1978. Amended: Filed March 13, 1980, effective Sept. 12, 1980. Amended: Filed Dec. 5, 1980, effective May 11, 1981. Amended: Filed Nov. 2, 1984, effective May 11, 1985. Amended: Filed Dec. 3, 1985, effective Oct. 1, 1986. Amended: Filed Oct. 4, 1988, effective March 11, 1989. Amended: Filed Nov. 27, 1989, effective May 24, 1990. Rescinded and Readopted: Filed Aug. 15, 1994, effective April 30, 1995. Amended: Filed May 15, 1995, effective Dec. 30, 1995. Amended: Filed Jan. 16, 1996, effective Sept. 30, 1996. Amended: Filed Dec. 28, 1998, effective Aug. 30, 1999. Amended: Filed Jan. 2, 2007, effective Sept. 30, 2007. Amended: Filed Feb. 27, 2014, effective Nov. 30, 2014. *Original authority: 643.020, RSMo 1965, amended 1972, 1992, 1993, 1995, 2011.