Page 2B CONNECTICUT LAW JOURNAL May 6, 2014

tants. This proposed amendment will bring the Connecticut State Board of Accountancy in line with the national trend requiring 8 hours of attestation or compilation

continuing education requirements.

Be it known that the foregoing regulations are amended as hereinabove stated by the aforesaid agency

pursuant to Sec. 20-280(g)9 of the General Statutes.

Wherefore, the foregoing regulations are hereby amended as hereinabove stated, effective the 14th

day of February, 2014.

In Witness Whereof: November 4, 2013, Michael Weinshel, Temporary Chairman, State Board

of Accountancy.

Approved by the Attorney General as to legal sufficiency in accordance with Sec. 4-169, as amended,

Connecticut General Statutes: November 14, 2013.

Approved by the Legislative Regulation Review Committee in accordance with Sec. 4-170, as amended,

of the General Statutes: January 28, 2014.

One certified copy received and filed on February 11, 2014 in accordance with CGS Section 4-172,

as amended, and one electronic copy forwarded to the Commission of Official Legal Publications, in

accordance with CGS Section 4-172, as amended, on April 4, 2014, Secretary of the State.

DEPARTMENT OF ENERGY AND ENVIRONMENTAL PROTECTION

Control of Organic Compound Emissions

Section 1. Subsection (a) of section 22a-174-20 of the Regulations of Connecticut

State Agencies is amended to read as follows:

Sec. 22a-174-20. Control of organic compound emissions

(a) Storage of volatile organic compounds and restrictions for the Reid vapor

pressure of gasoline.

(1) Definitions. For the purposes of this subsection and subsections (b) and (c)

of this section:

(A) ‘‘Aboveground’’ means located on or above the surface of the ground, partially

buried, bunkered or located in a subterranean vault;

(B) ‘‘Approved control system’’ means, a vapor balance system or a vapor

recovery system;

(C) ‘‘Degassing’’ means the process of removing organic vapors from a storage

tank in preparation for human entry;

(D) ‘‘Delivery vehicle’’ means a tank truck, tank-equipped trailer, railroad tank

car, or other mobile source equipped with a storage tank used for the transportation

of gasoline from sources of supply to any stationary storage tank;

(E) ‘‘Dispensing facility’’ means any site where gasoline is delivered to motor

vehicles other than agricultural vehicles from any stationary storage tank with a

capacity of 250 gallons or more;

(F) ‘‘Floating roof’’ means a movable roof in a storage vessel consisting of a

floating deck resting on the surface of the liquid contents, a continuous seal supported

against the inner surface of the tank shell, and an envelope closing the gap between

the floating deck and the seal. The entire deck, seal and envelope combination is

free to rise and fall with the surface of the liquid during filling and emptying of

the storage vessel;

(G) ‘‘Gasoline’’ means any petroleum distillate or petroleum distillate and alcohol

blend commercially known or sold as ‘‘gasoline’’ and commonly used as an internal

combustion engine fuel;

(H) ‘‘Gasoline storage tank farm’’ means a premises with any individual gasoline

storage tank with a capacity equal to or greater than forty thousand (40,000) gallons;
May 6, 2014 CONNECTICUT LAW JOURNAL Page 3B

(I) ‘‘Leak-free’’ means a condition that exists when the reading on a portable

hydrocarbon analyzer is less than 500 ppm, expressed as methane, above background,

measured using EPA Method 21, as identified in 40 CFR Part 60, Appendix A,

Determination of Volatile Organic Compounds Leaks;

(J) ‘‘Loading facility’’ means any combination of equipment located on a premises

and used to load or unload any VOC with a vapor pressure of 0.75 pounds per

square inch or greater under standard conditions;

(K) ‘‘Reid vapor pressure’’ or ‘‘RVP’’ means the vapor pressure of a liquid in

pounds per square inch absolute at one hundred (100) degrees fahrenheit as determined by American Society for Testing and Materials method D5191-07 ‘‘Standard

Test Method for Vapor Pressure of Petroleum Products (Mini Method);’’

(L) ‘‘Roof landing’’ means the reduction of the liquid level in a floating roof

tank so that the floating roof is no longer floating on the surface of the stored liquid

but is resting on its legs or is supported from above by cables or hangers;

(M) ‘‘Storage tank’’ means any tank, reservoir or vessel that is a container for

liquids or gases, wherein:

(i) No manufacturing process, or part thereof, other than filling or emptying takes

place, and

(ii) The only treatment carried out is treatment necessary to prevent change from

occurring in the physical condition or chemical properties of the liquids or gases

deposited into the container. Such treatment may include, but is not limited to,

recirculating, agitating, maintaining the temperature of the stored liquids or gases,

replacing air in the vapor space above the stored liquids or gases with an inert gas

to inhibit the occurrence of a chemical reaction or adding a biocide to prevent

microbial growth;

(N) ‘‘Throughput’’ means the number of gallons delivered through all equipment

at a dispensing facility or a loading facility over a specified time interval;

(O) ‘‘Underground’’ means ‘‘underground’’ as defined in section 22a-449(d)-

1(a)(2) of the Regulations of Connecticut State Agencies;

(P) ‘‘Vapor balance system’’ means a combination of pipes or hoses that creates

a closed connection between the vapor spaces of an unloading tank and receiving

tank such that vapors displaced from the receiving tank are transferred to the tank

being unloaded and for which the vapor space connections on the unloading tank,

the receiving tank and the pipes or hoses used are equipped with fittings that are

vapor-tight and will automatically and immediately close upon disconnection so as

to prevent the release of vapors;

(Q) ‘‘Vapor recovery system’’ means a device or system that collects vapors to

prevent release into the atmosphere. Collected vapors are recovered for use or

destroyed; and

(R) ‘‘Vapor-tight’’ means not capable of allowing the passage of gases at the

pressures encountered.

(2) No owner or operator shall place, store or hold in any aboveground storage

tank of 40,000 gallons (150,000 liters) capacity or greater any VOC with a vapor

pressure of 0.75 pounds per square inch or greater under standard conditions unless

the tank is designed and equipped with a vapor loss control device identified in

either subparagraph (A), (B), (C) or (D) of this subdivision.

(A) The tank is a pressure tank capable of maintaining working pressures sufficient

at all times to prevent vapor or gas loss to the atmosphere;

(B) The tank is equipped with a fixed roof and a floating roof that rests on the

surface of the liquid contents and is equipped with a closure seal or seals to close

the space between the roof edge and tank wall. This control equipment is not

permitted if the VOC has a vapor pressure of 11.0 pounds per square inch absolute
Page 4B CONNECTICUT LAW JOURNAL May 6, 2014

(568 mm Hg) or greater under standard conditions. The owner or operator shall

operate and maintain such a tank to ensure that:

(i) There are no visible holes, tears or other openings in the seal or any seal fabric

or materials,

(ii) All openings except stub drains are equipped with covers, lids or seals such that:

(I) The cover, lid or seal is in the closed position at all times except when in

actual use,

(II) Automatic bleeder vents are closed at all times except when the roof is being

floated off or being landed on the roof leg supports, and

(III) Rim vents, if provided, are set to open to the manufacturer’s recommended

setting when the roof is floated off the roof leg supports or cables,

(iii) All tank gauging and sampling devices are vapor-tight except when tank

gauging or sampling is taking place, and

(iv) No liquid accumulates on the top of the floating roof;

(C) The tank is equipped with a fixed roof and a vapor recovery system that is

designed and operated to reduce emissions of VOCs to the atmosphere by at least

95 percent by weight. An owner or operator limiting vapor loss according to this

subparagraph shall perform the following actions no later than ten years after the

effective date of this subsection if the tank is in existence prior to the effective date

of this subsection or by the initial fill date if a tank is constructed on or after the

effective date of this subsection:

(i) Equip any gauging or sampling device on the tank with a leak-free cover that

shall be closed at all times, with no visible gaps, except during gauging or sampling,

(ii) Maintain the fixed roof in a leak-free condition with no holes, tears or

uncovered openings,

(iii) Install and maintain each roof opening in a leak-free condition at all times

except when the cover is open for access or when a vent is required to be open to

relieve excess pressure or vacuum in accordance with the manufacturer’s design, and

(iv) Once per month, demonstrate compliance with this subsection by inspecting

the fittings located on the roof, piping, pressure relief valves and all other valves

to ensure they are leak-free using EPA Method 21 or using another method approved

by the commissioner and the Administrator; or

(D) The tank is equipped with other equipment or means of air pollution control

with an efficiency equal to or greater than that required under subparagraph (C) of

this subdivision that is approved by the commissioner in a permit or order, where

such permit or order has been approved by the Administrator.

(3) An owner or operator limiting vapor loss in accordance with subdivision

(2)(B) of this subsection shall conduct inspections as follows:

(A) Once per month visually inspect the floating roof deck, deck fittings and rim

seal system through the roof hatches of the fixed roof to determine compliance with

the requirements of subdivision (2)(B) of this subsection; and

(B) Whenever the tank is emptied and degassed, but no less than once every 10

years, conduct an inspection from within the tank by:

(i) Visually inspecting the floating roof deck, deck fittings and rim seal system

to determine compliance with the requirements of subdivision (2)(B) of this subsection and ensure that the seal between the floating roof and the tank wall is uniform, and

(ii) Physically measuring gaps between any deck fitting gasket, seal or wiper and

any surface that such gasket, seal or wiper is intended to seal. Gaps shall not exceed

0.125 inches.

(C) The inspection specified in subparagraph (B) of this subdivision may be

performed entirely from the top side of the floating roof as long as there is visual

access to all deck components specified in subdivision (2)(B) of this subsection.
May 6, 2014 CONNECTICUT LAW JOURNAL Page 5B

(4) For any tank subject to subdivision (2) of this subsection, if any piping, valves,

vents, seals, gaskets or covers of roof openings are found to have defects or visible

gaps or the VOC control requirements of this subsection are not met, the owner or

operator shall:

(A) If the tank is not storing liquid, complete repairs or replacements prior to

filling the tank;

(B) If the tank is storing liquid, complete repairs or replacements or remove the

tank from service within 45 days after discovery of the defect or visible gap. If the

owner or operator anticipates that a repair or replacement cannot be completed or

the tank cannot be emptied within such 45 day period, the owner or operator shall

notify the commissioner prior to the end of such 45 day period. The owner or

operator shall make repairs or completely empty the tank as soon as possible; and

(C) Any evidence of leakage as described in this subsection shall also be treated

as a malfunction of control equipment as described in section 22a-174-7 of the

Regulations of Connecticut State Agencies.

(5) No person shall place, store, or hold in any stationary storage vessel of more

than 250-gallon (950 liter) capacity any VOC with a vapor pressure of 0.75 pounds

per square inch or greater under standard conditions unless such vessel is equipped

with a permanent submerged fill pipe or is a pressure tank as described in subdivision

(2)(A) of this subsection. Submerged fill pipes installed on or prior to the effective

date of this subsection shall have a discharge point no more than 18 inches from

the bottom of the storage tank or be compliant with the requirements of 40 CFR

63 Subpart CCCCCC. Submerged fill pipes installed after the effective date of this

subsection shall have a discharge point no more than six inches from the bottom

of the storage tank.

(6) The provisions of subdivision (5) of this subsection shall not apply to the following:

(A) Loading of VOCs into any storage vessel having a capacity of less than onethousand (1,000) gallons installed prior to June 1, 1972;

(B) Any underground storage vessel installed prior to June 1, 1972, where the

fill pipe between the fill connection and the storage vessel is an offset fill pipe; or

(C) Any aboveground storage tank equipped with a floating roof.

(7) The external surfaces of any storage tank containing VOCs with a vapor

pressure of 0.75 pounds per square inch or greater under standard conditions that

has a maximum capacity of 2,000 gallons (7,570 liters) or greater and is exposed

to the rays of the sun shall be either mill-finished aluminum or painted and maintained

white upon the next painting of the tank, or upon being returned to service after

being out of service for the first time after the effective date of this subsection,

whichever is sooner, and no less than 10 years after the effective date of this

subsection, except the requirement to use mill-finished aluminum or white paint

shall not apply to words and logograms applied to the external surface of the storage

tank for purposes of identification provided such symbols do not cover more than

20 percent of the external surface area of the tank’s sides and top or more than 200

square feet (18.6 square meters), whichever is less.

(8) When performing a roof landing of a floating roof tank, the owner or operator

of any tank shall:

(A) When the roof is resting on its leg supports or suspended by cables or hangers,

empty and refill the tank as a continuous process; and

(B) After the tank is degassed for the first time after the effective date of this

subsection, any in-service roof landing shall be with the landed height of the floating

roof at its minimum setting.

(9) An owner or operator of an aboveground storage tank shall perform degassing

and cleaning as set out in this subdivision.
Page 6B CONNECTICUT LAW JOURNAL May 6, 2014

(A) Beginning with the first June 1 after the effective date of this subsection, an

owner or operator shall not perform degassing of any aboveground storage tank

subject to subdivision (2) of this subsection during the period from June 1 through

August 31 of any calendar year, except as provided in subparagraph (B) of this subdivision.

(B) Notwithstanding subparagraph (A) of this subdivision, an owner or operator

may degas an aboveground storage tank at any time for the purpose of performing

a repair that is necessary for safe and proper function of the tank. An owner or

operator shall notify the commissioner when a tank is emptied and degassed under

this subparagraph within 72 hours of completing the degassing and repair. Such

notification shall be submitted to the Compliance Assistance and Coordination Unit

of the Bureau of Air Management and shall include the following information:

(i) Identification of the facility and the tank degassed,

(ii) Identification of the VOC stored,

(iii) An explanation of the need to degas the tank during the period from June 1

through August 31,

(iv) The date the owner or operator determined that degassing and repair would

be necessary,

(v) The dates that degassing commenced and was completed, and

(vi) The date that inspection, repair and refilling was or is anticipated to be completed.

(C) An owner or operator shall clean an aboveground storage tank subject to

subdivision (2) of this subsection using one or more of the following methods:

(i) Using any of the following cleaning agents:

(I) Diesel fuel,

(II) A solvent with an initial boiling point of greater than 302 degrees Fahrenheit,

(III) A solvent with a vapor pressure less than 0.5 pounds per square inch,

(IV) A solvent with 50 grams per liter VOC content or less, or

(V) Another cleaning agent approved by the commissioner and the Administrator, or

(ii) Steam cleaning.

(10) Records.

(A) An owner or operator shall maintain records including, at a minimum, the

information described in subparagraph (B) of this subdivision. All such records

shall be:

(i) Made available to the commissioner to inspect and copy upon request, and

(ii) Maintained for five years from the date such record is created.

(B) An owner or operator shall maintain records of the following information:

(i) For a tank equipped with a vapor loss control device specified in subdivision

(2) of this subsection:

(I) Type of VOC stored, vapor pressure and monthly throughput,

(II) A Material Safety Data Sheet or Environmental Data Sheet for each VOC

stored, and

(III) Records of the inspections conducted under subdivision (3) of this subsection

including, but not limited to, date of the inspection, results and corrective actions

taken, if applicable,

(ii) Documentation of control device efficiency and capture efficiency, if applicable, using an applicable EPA reference method or alternate method as approved by

the commissioner and the Administrator,

(iii) Date and type of maintenance performed on air pollution control equipment,

if applicable,

(iv) Documentation of any leak detected pursuant to subdivision (4) of this

subsection, including, but not limited to, the date the leak was detected, location of
May 6, 2014 CONNECTICUT LAW JOURNAL Page 7B

the leak, type of repair made and the date of repair and explanation of the reason

for delaying repair, if applicable,

(v) For each floating roof landing event, the tank contents before landing and

after refilling, landed height of the floating roof, height of any liquid remaining in

the bottom of the tank after landing, duration of landing and landing emissions

calculated using AP-42 Chapter 7 methodology,

(vi) Dates of all tank degassing activities performed pursuant to subparagraphs

(A) or (B) of subdivision (9) of this subsection,

(vii) Date, cleaning method and cleaning agents used for any cleaning performed

pursuant to subparagraph (C) of subdivision (9) of this subsection, and

(viii) Any approval by the commissioner or Administrator issued pursuant to

this subsection.

(11) Between May 1 and September 15 the owner or operator of any gasoline

storage tank farm shall not offer for sale, sell or deliver to any dispensing facility

in Connecticut gasoline with a Reid Vapor Pressure in excess of 9.0 pounds per

square inch.

(12) In addition to the requirements of section 22a-174-4 of the Regulations of

Connecticut State Agencies, the commissioner may by permit or order require the

owner or operator of any gasoline storage tank farm to provide records of the analysis

of gasoline samples to determine compliance with the provisions of subdivision (11)

of this subsection.

(13) Samples to be analyzed for RVP shall be collected and handled according

to the applicable procedures in American Society for Testing and Materials method

D 5842–95(2000), ‘‘Standard Practice for Sampling and Handling of Fuels for

Volatility Measurement.’’

(14) RVP shall be determined using American Society for Testing and Materials

method D5191-07 (2007), except that the following correlation equation shall be

used:

RVP psi = (0.956 * X) - 0.347.

Sec 2. Subdivisions (1) through (4) of subsection (b) of section 22a-174-20 of

the Regulations of Connecticut State Agencies are amended to read as follows:

(1) Reserved.

(2) No person shall load or permit the loading of any VOC with a vapor pressure

of 0.75 pounds per square inch or greater under standard conditions into any delivery

vehicle from any loading facility with a throughput of 10,000 gallons or more in

any one day unless such loading facility is equipped with a vapor collection and

vapor recovery system or its equivalent, properly installed, in good working order,

and in operation, and:

(A) The vapors discharged from the delivery vehicle during loading are processed

by a vapor recovery system; and

(B) The amount of VOCs released to the ambient air is less than 80 milligrams

per liter of liquid loaded over a six (6) hour period. To determine compliance with

this requirement the reference methods and test procedures found in 40 CFR

60.503(a) and 60.503(c), respectively, shall be used.

(3) No person shall load or permit the loading of any VOC with a vapor pressure

of 0.75 pounds per square inch or greater under standard conditions into any delivery

vehicle having a capacity in excess of 200 gallons (760 liters) from any loading

facility with a throughput of 10,000 gallons or more in any one day unless such

loading facility is equipped with a loading arm with a vapor collection adaptor,

pneumatic, hydraulic, or other mechanical means to force a vapor-tight seal between

the adaptor and the hatch. A means shall be provided to prevent liquid organic
Page 8B CONNECTICUT LAW JOURNAL May 6, 2014

compounds drainage from the loading device when it is removed from the hatch of

any delivery vehicle, or to accomplish complete drainage before such removal.

When loading is effected through means other than hatches, all loading and vapor

lines shall be equipped with fittings that make vapor-tight connections and close

automatically when disconnected.

(4) Subdivisions (2) and (3) of this subsection shall apply only to the loading of

VOCs with a vapor pressure of 0.75 pounds per square inch or greater under standard

conditions at a facility from which at least 10,000 gallons of such organic compounds

are loaded in any one day. The applicability of subdivisions (2) and (3) of this

subsection shall be based upon a thirty day rolling average, and once a loading

facility exceeds this limit, the requirements of subdivisions (2) and (3) of this

subsection shall apply.

Sec 3. Subsection (b) of section 22a-174-20 of the Regulations of Connecticut

State Agencies is amended by adding subdivision (17):

(17) The owner or operator of a loading facility with a throughput of 4,000 gallons

or more in any day shall not cause, allow or permit leakage from any equipment

in VOC service, including but not limited to pumps, valves and compressors. The

owner or operator of any equipment in VOC service that is leaking as determined

by sight, smell, sound or measurement of VOCs in excess of 5000 parts per million

shall repair such leak no later than fifteen days after detection. A request to delay

a repair of a leak may be made to the commissioner and the Administrator in writing

if the repair is infeasible for technical or safety reasons. Such a request shall be

submitted no later than 15 days after detection of the leak.

Sec 4. Subsection (c) of section 22a-174-20 of the Regulations of Connecticut

State Agencies is amended to read as follows:

(c) Volatile organic compound and water separation. No owner or operator

shall use any compartment of any single or multiple compartment volatile organic

compound and waste water separator that receives effluent water containing 200

gallons (760 liters) a day or more of any VOC with a vapor pressure of 1.5 pounds

per square inch or more from any equipment processing, refining, treating, storing,

or handling VOCs unless such compartment is equipped with one or more of the

following vapor loss control devices, properly installed, in good working order, and

in operation:

(1) A container having all openings sealed and totally enclosing the liquid contents.

All gauging and sampling devices shall be vapor-tight except when gauging or

sampling is taking place;

(2) A container equipped with a floating roof that rests on the surface of the

contents and is equipped with a closure seal or seals to close the space between the

roof edge and container wall. All gauging and sampling devices shall be vaportight except when gauging or sampling is taking place;

(3) A container equipped with a vapor recovery system that reduces VOC emissions by at least 95 per cent by weight; or

(4) A container having other equipment of equivalent efficiency may be approved

by the commissioner in a permit or order, where such permit or order has been

approved by the Administrator.

Sec 5. Subdivision (12) of subsection (x) of section 22a-174-20 of the Regulations

of Connecticut State Agencies is amended to read as follows:

(12) Notice and retests.
May 6, 2014 CONNECTICUT LAW JOURNAL Page 9B

Any evidence of leakage as described in this subsection shall be treated as a

malfunction of control equipment or methods as described in section 22a-174-7 of

the Regulations of Connecticut State Agencies. A retest in accordance with the

provisions of subdivision (8) of this subsection shall be performed not more than

two business days after all required repairs are complete.

Statement of purpose: The main purpose of this proposal is to update existing

and add new requirements to control volatile organic compound (VOC) emissions

from large aboveground storage tanks (AST). The requirements are consistent with

those in other Northeastern states and generally conform to measures used by AST

owners and operators to limit product loss. The proposal will also assist Connecticut

in meeting the reasonably available control technology requirements necessary under

the 2008 8-hour national ambient air quality standard for ozone.

The Department of Energy and Environmental Protection (DEEP) currently regulates VOC emissions from storage and transfer of VOC-containing substances

through various provisions of section 22a-174-20 of the Regulations of Connecticut

State Agencies. The main provisions of the proposal include: termination of the

option of using an undomed floating roof tank to store VOCs; clarification of the

inspection requirements; and the addition of requirements for roof landing events

and degassing and cleaning operations. (Section 1) For storage and transfer of

VOCs, DEEP is proposing to include a lower vapor pressure floor for determining

applicability and simplify that provision by basing it on vapor pressure at standard

conditions, a constant, rather than the actual vapor pressure that changes with ambient

temperature. (Sections 1 and 2) To minimize fugitive emissions facility-wide, DEEP

is proposing to require timely repair of leaks from loading facilities. (Section 3) In

addition, DEEP is proposing to revise the floating roof requirements for VOC and

water separators to clarify that roof designs are not limited to pontoon-type or double

deck covers. (Section 4)

Minor revisions are proposed to the leak control provisions for synthetic organic

chemical and polymer manufacturing equipment by removing an outdated regulatory

reference and clarifying the time limit for retesting. (Section 5)

The proposal has no legal impact beyond the direct impact on operations of the

owners and operators of equipment subject to the revised requirements.

Be it known that the foregoing regulations are amended as hereinabove stated by the aforesaid agency

pursuant to Sec. 22a-174 of the General Statutes, after publication in the Connecticut Law Journal on

January 29, 2013, of the notice of the proposal to amend such regulations, and the holding of an advertised

public hearing on the 7th day of March, 2011.

Wherefore, the foregoing regulations are hereby amended as hereinabove stated, effective the 7th day

of March, 2014.

In Witness Whereof: December 19, 2013, Daniel Esty, Commissioner, Department of Energy and

Environmental Protection.

Approved by the Attorney General as to legal sufficiency in accordance with Sec. 4-169, as amended,

Connecticut General Statutes: December 30, 2013.

Approved by the Legislative Regulation Review Committee in accordance with Sec. 4-170, as amended,

of the General Statutes: February 25, 2014.

One certified copy received and filed on March 5, 2014 in accordance with CGS Section 4-172, as

amended, and one electronic copy forwarded to the Commission of Official Legal Publications, in

accordance with CGS Section 4-172, as amended, on April 4, 2014, Secretary of the State.