APPENDIX K 

Documentation of 2001 Rule Changes to State VOC Control 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 three oT 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faquiring Stage II eontrots, and havenat repealed such sales since; and add a provision to §5-253 .7 lo requirs 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 the gasoline vapors collected from moror vehlde 9" tanks during fueling ; and claAly and 

update The existing 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 Luw Foundation, _ 

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 are sot anUCipated to result in any slgnlfx.ant increase 

in 51a1f tlme or dlher vperat7ng expense for state govemmant If add-Ihonal staff time Is required . this will ilKoty be 

accommodated f>y adjusting the dutias of existing Staff. Prqppaed amandrtrenas to the 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 to add d1op pipes 10 comply with The requirement for submerged fill of account trucks . 

Proposad amendments to the Stage II regulation wilt axemp! some statione trom complying wnh the raguleteon 

sauing an"eshmeted'Sa,000 to $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. Cost vdll be OWpandent upon parts thet flood to be 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 . Town Cierks) 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°PUI3CIC COMMENT ; 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 Law Snow Goose Season for the taking 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 10 August led to establishment ot 

Sworn whhmFederal quidedlnes. 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 .~ 10 soum, 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, VT 05620310t . 

Norember 1 B, aW 
LIST OF WITNESSES & COMMENTS RECEIVED AT 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 any written or oral testimony/comments objecting to the proposed changes to rule 5-

253.3 Bulk Gasoline Plants . 
AT ` PTED RULE : COVER SHEE' 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 u ith this cover sheet . 

Please complete the following . 

1 . Title or subject of adopted 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 i 00 , This rule was profiled ® was not prefiled E] . If prefiled, please give the date of prefiling- 10 

Tbis rule was filed in proposed form with the secretary of state on the following date : -l / 3/ oo, 

This rule was published in newspapers of record or. ~-, /16 /03 and 11 /2 s!:: c . 

This rule was the subject 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 form with 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 form on a / s 102 - 

The etfcctive date of this 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 ALSO APPRC}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 here ple2se) 

An uJopting page and C2 ff'zf o± the /illP in'LTC'.JlIefI wirir 1his coversheet Friirsg Rgenf's Initials - - 
ADOPTING PAGE 

Note ; This form must be filed three times during the rulernaking process, viz with the Proposed Rule Cover Sheet, 

Final Proposal Cover Sheet, 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 of Natural Resources 

3 . Agency's reference number, if any: 

4 This is a new rule _ an amendment k a repeal -_ of an 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 - effective date November 13, 1992 

§5-253 .7 Stage 11 Vapor Recovery at Gasoline Dispensing Facilities - effective date August 22, 1996 

Note: To satisfy the requirement for an annotated text, an agency must submit the entire rule in annotated form 

with the filings of proposed rules and final proposals . Filing a paragraph or page of a larg4r rule is not sufficient_ 

Similarly, if the rules of the agency have been published as part of the Vermont Administrative Code (VAC), the 

agency shall file the annotated text, if possible, using the appropriate page or pages of the VAC as a basis for the 

annotated version. New rules 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 below the 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 
ADOPTED RFC'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 - 9:11/001 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