# APPENDIX K

Documentation of 2001 Rule Changes to State VOCControl Rule

5-253.3 Bulk Gasoline Plants

# Documentation of 2001 Rule Changes to State VOC Control Rule 5-253.3 Bulk Gasoline Plants 

# M10u11lOll 1:Q11110L ~E~iIWIOM 5111~.11, 3

"3~3.~dipi[6~90ViE ~LA~ AiD 15,3Mi'dV -'4M

IFGDYEl1' MUME N6W "M Veemont Propr ._A Rule: 00P053 AdiENCY

: Vt . Aganay of Natural Resources CprICISE SUMMARY: The purpose of this rule is Ip amend the axisling Air Pallution Gontrnl Reguialrons (APCR) . Subchapter 11, to make the following changes' clarify the existing language of §5-253 .9 and add requireqienls for vapor reoovery controls at any newty constructed or recortstntcrt:d bulk gasoline plants and submerged fill of outgoing account trucks Of all bulk plants; and exempt uom §5"253 7 stations that had an unch9r,leterlstically high gas phne Inmughtwt threeoT mors years ago, such that Urey -needed the thresfrdd for faquiring Stage II eontrots, and havenat repealed such sales since; and add a provision to §5-253.7 lo requirs either annual perlormance testing of Stage II systems or annual mainienanoe to help ensure Thai Stage lu systems are containing thegasoline vapors collectedfrommororvehlde 9" tanksduring fueling; andclaAlyand updateTheexisting language of §F .253 7 'TYPES OF PERSONS AFFECTED: Allectad parties include gasoline statlon,owners, buik gasollne plant LSwnerB, Vermont GrocerS Association- Ver7nont Oil Heat InstlitrtQ lnc_, AsspCialed Industrios ot Vermont, Vermonl Public Interssl Research Group, Varmont Natural Resources Council, Conservation LuwFoundation, _ Arnencan :Lung Association of Vermont, U.S £nvnonmenlaF Prntection Agency. Dapartment of Environmental Consarvation- LVasle Managament Divieron, motorists, pereans resrding m the vicinity of gasohne stations and gasolins bulk plants and the gsnaral publicCOST BEMFF1T ANALYSIS: Ttre pfqpused amendments aresot anUCipated to result in any slgnlfx .ant increase in 51a1ftlme or dlher vperat7ng expense for stategovemmant If add-Ihonal staff time Is required

. this will ilKoty be accommodated f>y adjusting the dutias of existing Staff. Prqppaed amandrtrenas tothe bulk plant regulation are rwt IlYColy.fo have a'signilicant economic smpacl on bulk plant owners . It is possible trat most bulk pWnts will Incur relatively minor oosis toadd d1op pipes 10 comply withThe requirementfor submerged fill of accounttrucks . Proposad amendments to the Stage II regulation wilt axemp! some statione tromcomplying wnh the raguleteon sauing an"eshmeted'Sa,000to $32,000 per station depending upon the Specific circumstances. Stations with giage.N ponirolswill need to conduet annual testing or complete annual mainlenancs and document this to the Aganey. Costvdll be OWpandent upon parts thetflood tobe replaced and labor. 'BCHEDU12D HEARINGS:'t?ecember 18, 2900, at 7:30 p.rri in the pavilion Audltorium . f09 stete st-, Montpelier, VT DEADLINE FORPU8L1C COMMENT:Oeoerciber 215 . 2000. FOR- FURTHER INFORMATION, CONTACT! Harold Garabediaa, Agency at atural Resaurces, Air PoUuuon 1-36a8 . Control Diroision 10CiSoulh Main Street. Waterbtrty

. Vermont 0 ;~71-o;u2. (fDOP~

'124 Vermont-Proposed Rule: o0Pa5'4 AGENCY,, Natural-Resources

. Fish &Wildlife Dept CONCISE SUMMARY

: Aulltorizes Issuence 0175 permits to huni and take turkey in Wildlita Management Unit A TYPES OF PERSONS AFFECTED: General public, resident and non-resiaerit hunters, landowners. license agents (storeowners. TownCierks) Fish &Wlldlrfe Department. =ST BENEFIT ANALYSIS: Llmited nature of huntlng season exparLSOOn wlll likely tesult in rionunal positive economic impact tor local grocery businesses, hunting supply slores, etc SCHIrDULED HEARINGS! None unless requestedDEADLINE FOA°PUI3CICCOMMENT; Dcwrnoer 7.2000. FOR'Fa1KTHERINFORWIATION, CONTACT: Rogar A . Wtnecomb

. Major, Chisf Game Warden, 1 D3 South Main Strast, 10 South, Waterbu 

### Vgrmont?ropt>sed Rule: OOP055 AGENCY

.- Natural Resourxas, Flsn &YYldlrte Dept . ' CONCISE'SllMYARY: Establishes e LawSnow Goose Season for thetaking of snow geese from February 18- March 10, 2001 . ~ - TYPES OF PSRSONS AFFECTED : Humors. . .COST BENEFrT ANALYSIS; This is a new season aTrd tro spacilic data on hunter participation is avaltable. However, it is anticipated thal huntar Interest v,nh be slight lo modest. No nsgatlve economic impacts have been ldendBed SCHEDULED-HEARRIOS: None unless tequested, Waterfowl Hearing hold 10August led to establishment ot Sworn whhmFederalquidedlnes. Approved by the U.S. Fish aL yalldtlle Service. DEADUNE FOR PUBLIC COMNENT Decernber7, 2u00 . ' fCfpq:11RTflER-INFORMATION, CONTACT. Rageral WhltoomG, Major. Chuet Garne Warden 1035oulh Main 

## 81.~ 10soum,Walcdtury, WT 051575 (e02) 2at-s7oo. Verttwrn Proposed Rule;-Oi5P050 AGENCY: Dept, 01 Pi6nklng. Insuranoe, Securities &Heattth Care Ailminisiration. FOR FURTHER INFORMATION, CONTACT : Thomas R. Van Cpaper, Dlractor . Insurance Regulation, sa Main SL, Drawer20,`Montpaller, VT05620310t . Norember 1 B, aW

# LIST OF WITNESSES &COMMENTS RECEIVEDAT HEARING DECEMBER 18, 2000

List of Witnesses: There was one witness who testified at this hearing. The witness was David Simendinger who represented Wesco, Inc. Mr. Simendinger commented only on other regulations that were the subject of the hearing. He offered no comments on the amendments to Vermont Air Pollution Control Regulation 5-253.3 Bulk Gasoline Plants that were being proposed at this hearing. During the hearing and the entire comment period, the Agency of Natural Resources did not receive anywritten or oral testimony/comments objecting to the proposed changes to rule 5- 253.3 Bulk Gasoline Plants.

# AT ` PTED RULE: COVERSHEE' SOS# (6 

# - . 

# -.7t complete) 

## Vote~ File this fomt with the Secretary o!~ Stace and the Legislative Committee on Administrative Rules. You must file an adopting page and the text of-the adopted rule uith this cover sheet . Please complete the following. 1 . Title or subject ofadopted rule: Air Po=lution wontro; R°gu'_at=7ns, $ubc:ap--er =I, §5=253-3 Bulk 3asoline Pia- :ta and §5-253 .? Stage =1 Vapor Recovery at Gasoline Dispensing Facilities 

## ? . Proposed Rule # previously assigned by the Secretary of State o 0 Y-053. 3. Agency: - - Agency of Natcral Resources 4, This filing has[ :] has not ® chan-rd since the filing of the final proposal_ If it has changed, please anach a letter to this filing explaining in detail what changus were niade. citing chapter and section of those changes where applicable, including changes in economic impact. S. The Legislative Committee on Administrative Rules did not object ® objected E] to the final proposal . 6, Procedural history oCadoption : /le i00, This rule was profiled ® was not prefiled E] . Ifprefiled, please give the date ofprefiling- 1 0 

## Tbis rule was filed in proposed form with thesecretary of state on the following date: -l / 3/ oo, This rule was published in newspapers of record or . ~-, /16 /03 and 11/2s! :: c. This rule was thesubject of public hearings held a~ follows (vivo date. time, and place) : 12/18/0v, ? :3C Nrn at the Pavilicn Aud-~-oriurn, Nontp°lier 

## The deadline for public comment for this rule «'a% 12/ 26/ 00. This rule was filed in its final proposed formwith the secretary of state and with the Legislative Committee on Adtmnistrative Rules orn 2/5/a'-- This rule was considered by the Legislati~ e Committee on Administrative Rules on 3,21/ 01, 

## This rule is filed in its adopted formon a / s 102- The etfcctive date ofthis rule will be 4 , zfl /r,1 (must be no sooner than 17 days following the filing of the adopted rule) . C :FRTIFfCAT1UN' AS THE ADUPTfNG AEJTHORI"i T (see -, V S .A, y 8(l1(b)(1 l ) for a definition) OF THIS RULE, I 1-IE.REBY CFRTIFY THAT THE PROCEDURAL REQUIREMENTS OF TITLE 3, CHAPTER 25 HAVE BEEN MET, T ALSOAPPRC}VE THE CONTENTS OF THIS F~-] NG~ 1' f Cr Date: S 

## (Sign here) Scot-- JoYLZst=e, Secretary Agency Of Idatt_ral Reeources

(Tipe vuunae and riPie hereple2se) An uJopting page and C2 ff'zf o± the /illP in'LTC' .JlIefI wirir 1his coversheet Friirsg Rgenf's Initials - -

# ADOPTING PAGE Note; This formmust be filed three timesduring the rulernaking process, vizwith the Proposed Rule CoverSheet, Final Proposal CoverSheet, and Adopted Rule Cover Sheet. Piease complete the following: 1 . 'T'itfe nf rule, 

## Air Pollution Control Regulations, Subchapter Ll, §5-253.3 Bulk Gasoline Plants and §-5-253_7 Stage I1 Vapor Recovery at Gasoline Dispensing Facilities 2. Agency: 

## Agency ofNatural Resources 3. Agency's reference number, if any : 4 This is a new

rule _an amendmentk a repeal -_ ofan existing rule. Except for new

rules, please give the name of the existing rule and the date on which it was last amended or adopted: 

## §5-253.3 Bulk Gasoline Plants - effectivedate November 13, 1992 §5-253.7 Stage 11 Vapor Recovery at Gasoline Dispensing Facilities - effectivedateAugust 22, 1996 Note: Tosatisfy the requirement for an annotated text, an agencymust submit the entire rule in annotated form with the filings of proposed rules and final proposals. Filing a paragraph or page ofa larg4r rule is not sufficient_ Similarly, if the rules of the agency have been published as part ofthe Vermont Administrative Code (VAC), the agency shall file the annotated text, if possible, using the appropriate page or pages of the VACas a basis for the annotated version. Newrules need not be accompanied by an annotated text. Rules which have been comprehensively revised are also exernpted from the requirement for an annotated text, although a copy o :the former rule is required .

### ADOPTED REGULATION ENVIRONMENTAL PROTECTION REGULKTIONS CSA .PTgR 5 AIR POLLUTION CONTROL 

### 5-253 .3 Bulk Gasoline Plants (al App-icabi : .ity 

### ti l) :-his subsection shall apply to any bulk gasJline pia.° .C with an average daily throughput of 3.000 gallons or greater calculated on a calendar month basis- Once a bulk gasoixne plant is subject to this subsection, it nhall remain co, even if '==s throughput later falls below the applicabil=tv threshold. Any bulk gaso- :ne plant with a =?iro"

aghput which is belowthe threshold shall comply with the requirements o= paragraphs (b) i31iv :i!, (viii) and .ix1 a,-id (d) (1) ii? only . - ('e ; This subsection sha11 also apply to any bulk gasol?ne pla.t,

reaardless of its gasolrr-e througPiput, for which construction nr recdris'ruction is commenced af~ex Januarv 1, 70C1 . 

### staada :ds . ?1) '=he ow

:ie: ox operator Of a ncik gasoline pia ;t 511a-1 equip eaC:n aaso=ine storage tank with a su.?'merge4 Till p-pe and s :1a-1 eeuip the nu'_x gasc__ne plant wi`ii a vapor .baia^Ce syste ;r between t :ze gasoiine storage tank and the incoming gasciine rank . .Z-uck . The lines shal- be equ+~r-, ;ved with _i " "ngs that are caa^r- .'_~qh ; and that autoTatlcall_/ ar_ .l '_mmeci=ar.e'y c ;ose upon discon :Lection . (2 :Tae owner or operator o£ a bulk aaso_'iae Plant ehall eg'jip the

plant's icadir :g rack ":s) for submerged fill and shall ecf,1±p tize bulk uasoi'ne olar .'_ wi :h a vapor balance systetn hetween the gaso_ir_e s-o-age tank and the outgoing gaso.' .=i2e tank truck . "-" ne vapox bala:~oc system . shall be designed ' . .o prevent ar.y vapors collected at one -loading rack from pass_ng to ano=her loading rack, =he lines shall be equi?ped w_th f-t :ings that are vaportight aad that au`omatical-y and Immediately c ;©Ge upcr. disconnection . (y~ -he owner or operator of a bu'_it gasoline plant =eq .iire6 =. .

maintain ar,c o?e=ate a vapor balance srstem under this subs°cti : .n shall etsure that Ck)e =o'_lowing procedures are complied w3 .tY during gasoline loading and ur_loadinc Operations and in the s-orage of gasollne: ,i! The vapor balance system shaJl be connected between the

gasoliae Cank truck ard the storage Cank during all transfer opera"ions and the connection sha11 be vapor-tight ; (ii) A11 storage tank Openings . including _nspection hatches and

g3uaiag and sampling dev^ ces, shall be vapor'-Cight when not 

### Rule as Adopted - 8/11!00 Vcrsian Effective 4:'ZU!Ol Page 1

### !4,DDPTED 1LEGULATiUN '_a use; (iii~ TnF gasoiirre tank trtick compartmeni hatch covers sza-1

remain closed during the transfer of ga5o' .ir:e; ivi The vapor balanre system shall be designed an3 operated at al' times to prevent', gauge p~:essure in the gasoline tank ~ruch from exceeding 18 inches (4;0 m=llime=ers [mmJ) of water and vacuum from exceeding 5 .9 inches ;-5C mm) o= water during product transfers ; (v' ; Nc pressure vacuum relief vFlve in the iaulic gasoline Plant:

vaop; taaiance sy9ter shall . beg :n to opea at a s;:stem pressure o= less --bar, 18 inches (45C m .; .) o_' water or at a vacuum o`" less than 5 .9 inches ;15G mm) of water ; {vi) A=1 product transfers shall be limited :o vepoY-tig:7 :

gaso:ine rank trucks or account ' .ruck5 (for de_`ini :ion of aCcount truck see §5-253 .5,bJi 

### (vii) The fi :ling of storage tar . :cs cha11 be accomplished b)' submerged f;11 only: (vi--' ;-) The loadirg of ou-goinc ,gascline tank t=ucks and acco :rr_t trucks [for de-1 .1ro- account truck see g5- :53-S ;h1i saal : he accomplished by submerged ~-1 : only; and (ix) The owner os opera- .^ cf _he bt.'_ic gasoi :n=_ plan,- or of the qasciir-e tank --ruck shall observe the en~i-e trarister oDeration and shall d=scontinue transfer i= any _ic,1 :iC . or vapo= leaks are observed . icl Inspection and monitoring reTliYeme_1ts .

(1) the nu?x y°aseli .ye plant owner or operator, shs=1 inspect the vapor

balance system and each ioau:zng rack every calendar month _or liquid a.'-id vapor lealcs during gase3iye traas :er ope=ac ;or-s . Detec--on rne'hods 'us' ng sight, sound ar sme: : are acaep-ah1e . Each leak detected sha=1 be =ecorc5ed and the source of :he lea'K repaired within 15 calendar days after i .'. is detected . (2Y A pressure measure'nent de"~iCe ,=Iquld manone`er, magKehelic gauge,

or equivalent ir_st=umers'V) ca ;ah ;e o= measuring 20 in of water gauga pressure within a, c , 5 i :iches of water precisio=i, shall be calibrated and '_nsta ;led~on :he bulk qasolin°- plant :~apor balance system a' a pressure tap, iocated as close as possiDle =o : .he connection with the gasoliL~e rank t,nj~~k~ to allow de :etm-nation of compliance with pRraa=aph ;h)f3!f :v} . 

### (d) Record keeping

(1 ; The owner or operator o£ a bulk gasoline plant which a sub;eCt to

th;s subsection nha_1 mai-ita_n the following records for a ` :ir"-imum of three years : 

### Rule as Adopted - 8i1 1100 Version Effective 4'70/0i

## ADOPTEDRFC'jl rLlITIO.'V iii Daily records showing the quan :ity of ail qasolir .e tranefer :ed into gasoline tank, trucks a :~d accoU:~t Crucks 

### [fcr def:ni', :on of account truck see ~5-253 .S :bi1- A record of each monthly leak inspection shall be kept or. file at the plant, ' ."he inspection records sha--I include hut are no= limi-ed to : 

### (P .) The date of inspection ; (S; Findings, including a description of leaks found, if

any" 

### !C1 Leak determinat-on ne`Zod ; (Lr) Corrective action caken, including the da=e each leak

was repaired ; and 

### ;8) The :,nspector's name and signa=ure. i2! F1' records required under this sub-Sect--on shall be ~nade available

fo= inspect' or- dur=ng normal business h5urs a--id coDies shall be p--ovided to the Air Pollution CD .-3t .-D, Officer upon request . ;el ccmpliance, A1 .. bulk gasoline pia:ts sti . :bject to this subSect ;0:1 ahal'_

comp--,v with th ;s subsectioa by ju'~y 1, 1994 o= by the Commencement o= plant operation, wnicl`lever occ~ars later .

By, stone, Secretary 

### Agency o= Nazural Resources

Rule as Adopted - 9:11/00 1 Version Effectivc 4

;?0,+'Ul Page 3

### ,8021 828-2863 

## MEMORANDUM t7FFTCE ©F THP- SECRETARY OF STATE To- : Harold Garabedian, Agency o: Natural Resources, Air Pollution Control Division, 1D3 South MeL-;n Street, wate-bury, Vermont o36?1-0402 

## '8021241-3849 From ; I~ouise corliss, APA Clerk Ret Air Pollution Control Regulations, SuY~crapterlI, §5-2S3 .3 $u Date : 11/03/200C We received Propased Rule on 11/03,/20DC

Final .Proposed on / / Adopted Role on / / we have assigmed the fcllowi .=iq rule number(s) : Proposed Rule Number : OOP053 Adopted Pule Number, 'Final Proposals are not assigned a new n;im'taer ; they reta--'n the Proposed Rule Number .) The -~ollowing problems were taken care of by phone/should he taken care of irnmediately : We cannot accept this filing untal the following problems are taken ca=e oil The . au for this proposed rlule appeared/will appear in newspapers cf reco_°d on 11/16/200C & 11/23/2 .OG0 . 

## This rule takes e-°ect or_ / / Please note : If you have any questions, please call me at 828-28E3 . Or, F-Mail me at : lcorliss@sec .state .vt .us cc : Demis Martin