ATTACHMENT D-3 

HEARING REPORT 

Prepared Pursuant to Section 4-168(d) 

of the Connecticut General Statutes and 

Section 22a-3a-3(d)(5) of the Department of Environmental Protection Rules of Practice 

Regarding Regulations for the Abatement of Air Pollution : 

Proposed Amendment of Section 22a-174-30 and 

Proposed Adoption of Section 22a-174-43 of the 

Regulations of Connecticut State Agencies 

Hearing Officer: Paul E. Farrell 

Date of Hearing: December 19, 2003 

Introduction 

On November 4, 2003, the Commissioner of the Department of Environmental Protection 

("Department") signed a notice of intent to amend section 22a-174-30 of the Regulations of 

Connecticut State Agencies ("R.C.S .A.") concerning dispensing of gasoline/stage 1 and stage II 

vapor recovery and to adopt R.C.S .A. section 22a-174-43 concerning portable fuel container 

spillage control. Pursuant to such notice, a public hearing was held on December 19, 2003 . The 

public comment period for the proposed amendment and adoption also closed on December 19, 

2003 . 

1. Hearing Report Content 

As required by section 4-168(d) of the Connecticut General Statutes ("C.G.S ."), this report 

describes the regulations proposed for hearing; the principal reasons in support of the 

Department's proposed amendment and adoption; the principal considerations presented in oral 

and written comments in opposition to the Department's proposed amendment and adoption; all 

comments and responses thereto on the proposed regulations; and the final wording of the 

proposed regulations. Commenters are identified in Attachment 1 . 

This report also includes a statement pursuant to C.G.S . section 22a-6(h). 

11. Compliance with Section 22a-6(h) of the Connecticut General Statutes 

Section 22a-6(h) of the C.G.S., as amended by section 5 of Public Act 03-76, requires the 

Commissioner to distinguish clearly, at the time of notice, all provisions of a proposed regulation 
or amendment thereto that differ from adopted federal standards and procedures, provided: (1) 

such proposed amendment pertains to activities addressed by adopted federal standards and 

procedures; and (2) such adopted federal standards and procedures apply to persons subject to the 

provisions of such proposed amendment. In addition, the Commissioner must provide an 

explanation for all such provisions in the regulation-making record required under Title 4, 

Chapter 54 of the C.G.S. 

In accordance with the requirements of C.G.S . section 22a-6(h), the Hearing Officer made a 

written statement available at the time of notice and at the public hearing. Such statement, 

incorporated into the administrative record for this matter, indicated that the requirements of 

C.G.S . section 22a-6(h) do not apply to the provisions o£ the proposed regulations for one of the 

following two reasons: (1) there are no applicable federal standards or procedures; or (2) there 

are applicable federal standards or procedures, and such standards or procedures are adopted 

without change. 

With respect to R.C.S.A. section 22a-174-30 concerning stage I and II gasoline vapor recovery 

systems ("section 30"), there no longer exist any federal stage I and II vapor recovery system 

standards. Although these systems are required for serious and above ozone nonattainment areas 

under the federal Clean Air Act, the federal government does not issue stage Il regulations or 

guidance and instead relies on the work done by the California Air Resources Board ("CARB") . 

Hence, the provisions of C.G.S. section 22a-6(h) do not apply. 

With respect to R.C.S .A. section 22a-174-43 concerning portable fuel container spillage control 

("section 43"), there are no applicable federal environmental standards placed on portable fuel 

containers. The standards embodied in section 43 were originally developed by the State of 

California and further refined through a public iterative process instituted by the Ozone Transport 

Commission. Hence, the provisions of C.G.S. section 22a-6(h) do not apply. 

III. Summary and Text of the Amendments as Proposed 

A. Section 22a-174-30, Dispensing of Gasoline/Stage I and Stage II Vapor Recovery. This 

proposed regulation requires the use of pressure-vacuum vent caps on gasoline pumps that are 

already subject to section 30, the stage Il vapor control regulation. The proposed changes to 

section 30 also require the use of a two point closed system for the transfer of gasoline from a 

gasoline tanker truck to an underground storage tank. A number of minor changes are also 

proposed for section 30 to improve stage li system maintenance, clarify testing requirements and 

increase testing frequency. The delegation provisions of subsection (h) are also clarified. The 

text of the regulation as proposed for public hearing is as follows: 

section 22a-174-30 . Dispensing of [Gasoline/Stage Ill 

GASOLINE/STAGE I AND STAGE II Vapor Recovery . 

(a) Definitions . 
For the purposes of this section : 

(1) "CARB" means the State of California Air Resources Board . 

[(2) "Commissioner" means the Commissioner of the Department of 

Environmental Protection .] 

[(3) "Department" means the Department of Environmental 

Protection .] 

(2) "CARB-CERTIFIED FILL ADAPTER" MEANS A SPECIALIZED FITTING ON A 

STATIONARY GASOLINE STORAGE TANK THAT PREVENTS THE LOOSENING OR 

OVERTIGHTENING OF THE CONNECTING LINE BETWEEN AN ENTRY PORT OF A 

GASOLINE FILL PIPE AND THE FILL LINE FROM A GASOLINE DELIVERY 

VEHICLE . 

[(4)](3) "Dispensing facility" means any site where gasoline is 

transferred to motor vehicles from any stationary storage tank with 

a capacity of 250 gallons or more . 

[(5) "EPA" means the United States Environmental Protection 

Agency .] 

[(6)](4) "Gasoline" means any petroleum distillate or blend of 

petroleum distillate and alcohol having a reid vapor pressure of 

four pounds per square inch or greater and used as a fuel for 

internal combustion engines . 

(5) "MAJOR SYSTEM MODIFICATION" MEANS, NOTWITHSTANDING ANY 

DEFINITION IN SECTION 22a-174-1 OF THE REGULATIONS OF CONNECTICUT 

STATE AGENCIES : 

(A) THE REPAIR OR REPLACEMENT OF ANY STATIONARY STORAGE TANK 

EQUIPPED WITH A STAGE II VAPOR RECOVERY SYSTEM ; 

(B) THE REPAIR OR REPLACEMENT OF ANY PART OF AN UNDERGROUND 

PIPING SYSTEM ATTACHED TO A STATIONARY STORAGE TANK 

EQUIPPED WITH A STAGE II VAPOR RECOVERY SYSTEM, EXCLUDING 

THE REPAIR OR REPLACEMENT OF ANY PART OF AN UNDERGROUND 

PIPING SYSTEM THAT IS ACCESSIBLE FOR SUCH REPAIR OR 

REPLACEMENT WITHOUT EXCAVATION ; 

(C) THE REPLACEMENT OF A VAPOR BALANCE STAGE II VAPOR RECOVERY 

SYSTEM WITH A VACUUM ASSIST STAGE II VAPOR RECOVERY 

SYSTEM ; OR 

(D) THE REPLACEMENT OF A VACUUM ASSIST STAGE II VAPOR RECOVERY 

SYSTEM WITH A VAPOR BALANCE STAGE II VAPOR RECOVERY 

SYSTEM . 
(6) "OWNER OR OPERATOR" MEANS ANY PERSON WHO OWNS, LEASES, OPERATES 

TO THIS SECTION. 

OR CONTROLS A DISPENSING FACILITY SUBJECT 

[(g)](7) "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 (ASTM) method [D323-89] D5191-01 . 

(g) "STAGE I VAPOR RECOVERY SYSTEM" MEANS A VAPOR RECOVERY SYSTEM 

THAT PREVENTS THE DISCHARGE TO THE ATMOSHPHERE OF GASOLINE VAPORS 

WHILE GASOLINE IS TRANSFERRED BETWEEN A DELIVERY VEHICLE AND A 

DISPENSING FACILITY IN ACCORDANCE WITH THE PROVISIONS OF SECTION 

22a-174-20(a) OF THE REGULATIONS OF CONNECTICUT STATE AGENCIES . 

(9) "Stage II vapor recovery system" OR "SYSTEM" means a vapor 

recovery system [which] THAT prevents THE discharge to the 

atmosphere of at least ninety-five percent (95%) by weight of 

gasoline vapors displaced during the dispensing of gasoline into a 

motor vehicle fuel tank . 

(10) "Throughput" means the number of gallons of gasoline delivered 

into motor vehicles through all equipment at a dispensing facility 

over a specified period of time . 

(11) "TWO-POINT STAGE I VAPOR REVOVERY SYSTEM" MEANS A STATIONARY 

STORAGE TANK POSSESSING AN ENTRY PORT FOR A GASOLINE FILL PIPE AND 

AN EXIT PORT FOR A VAPOR CONNECTION THAT SEALS WHEN EITHER PORT IS 

DISCONNECTED IN A MANNER THAT WILL PREVENT THE DISCHARGE OF GASOLINE 

VAPORS TO THE ATMOSHPERE . 

(12) "VACUUM ASSIST STAGE II VAPOR RECOVERY SYSTEM" MEANS A STAGE 

II VAPOR RECOVERY SYSTEM THAT USES A VACUUM-GENERATING DEVICE TO 

DRAW GASOLINE VAPORS FROM OF A MOTOR VEHICLE'S GASOLINE FUEL TANK 

DURING THE DISPENSING OF GASOLINE INTO SUCH TANK . 

(b) Regulated dispensing facilities . 

(1) On or after November 30, 1992, any [person who owns, leases, 

operates or controls] OWNER OR OPERATOR OF a dispensing facility 

shall install a Stage II vapor recovery system if such facility 

begins actual construction of a stationary storage tank of any size 

and such facility has a throughput of ten thousand (10,000) gallons 

or more during any calendar month. No such person shall transfer or 

allow the transfer of gasoline into a motor vehicle fuel tank at 

such facility on or after November 30, 1992 unless a properly 

operating Stage II vapor recovery system is used for such transfer . 

(2) After May 15, 1993, no [person who owns, leases, operates or 

controls] OWNER OR OPERATOR OF a dispensing facility for which 

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construction commenced between November 15, 1990 and November 30, 

1992 and which has a throughput of ten thousand (10,000) gallons or 

more during any calendar month shall transfer or allow the transfer 

of gasoline into a motor vehicle fuel tank at such dispensing 

facility unless a properly operating Stage II vapor recovery system 

is used for such transfer . 

(3) After November 15, 1993, no [person who owns, leases, operates 

or controls] OWNER OR OPERATOR OF a dispensing facility which 

existed, or for which construction commenced, on or before November 

15, 1990 and which has a monthly throughput of one hundred thousand 

(100,000) gallons or more shall transfer or allow the transfer of 

gasoline into a motor vehicle fuel tank at such dispensing facility 

unless a properly operating Stage II vapor recovery system is used 

for such transfer . Such monthly throughput shall be calculated based 

on the highest throughput in a calendar month during the two year 

period between November 30, 1990 and November 30, 1992 . If such a 

dispensing facility was inactive for any period during the [two 

year] TWO-YEAR period, such period shall be extended to include a 

total of [twenty four] TWENTY-FOUR months of activity . 

(4) After November 15, 1994, no [person who owns, leases, operates 

or controls] OWNER OR OPERATOR OF a dispensing facility which 

existed or for which construction commenced on or before November 

15, 1990 and which has a throughput of ten thousand (10,000) gallons 

or more during any calendar month after November 30, 1992 shall 

transfer or allow the transfer of gasoline into a motor vehicle fuel 

tank at such dispensing facility unless a properly operating Stage 

II vapor recovery system is used for such transfer . 

(5) After a dispensing facility becomes subject to subdivision 

L (b) ] (1) , [(b)1(2), 1(b)1(3) or [(b)1(4) OF THIS SUBSECTION, the 

requirements of such subdivision shall always apply to such 

dispensing facility . 

(6) Any [person who owns, leases, operates or controls] OWNER OR 

OPERATOR OF a dispensing facility which is not subject to 

subdivision [ (b) ] (1) , [(b)1(2), [(b)1(3) or l(b)1(4) OF THIS 

SUBSECTION shall maintain at such dispensing facility records of 

monthly throughput which demonstrate such a dispensing facility is 

not subject to subdivision [(b)1(1), [(b)1(2), [(b)1(3) or [(b)1(4) 

OF THIS SUBSECTION . Such records shall be kept for five (5) years 

and shall be made available for inspection by a representative of 

the Department or EPA . 

(c) Equipment specifications . 

(1) No person shall install a Stage II vapor recovery system at a 

dispensing facility unless : 
(A) [such] SUCH system IS OR has EVER been tested and 

approved by CARB [on or before November 1, 1992] ; or 

(g) [such] SUCH system IS OR has EVER been tested and 

approved by another state [on or before November 1, 1992] 

using testing methods approved by CARB ; and 

(C) [such] SUCH system UTILIZES only [has hoses which are] 

coaxial hoses . 

(2) No person shall replace any part of a Stage II vapor recovery 

system with a new or rebuilt part unless such new or rebuilt part 

[was] IS OR HAS EVER BEEN approved for installation in such Stage II 

vapor recovery system [on or before November 1, 1992] either by CARB 

or by another state using testing methods approved by CARB . 

(3) No person shall modify, remove, replace, add or otherwise render 

inoperative any part of a Stage II vapor recovery system [so as to 

render] IN SUCH A WAY THAT the system [to be] BECOMES incapable of 

preventing discharge to the atmosphere of at least ninety-five 

percent (95%) by weight of gasoline vapors displaced during the 

dispensing of gasoline . 

(4) Each Stage II vapor recovery system shall conform to the 

APPLICABLE specifications of the National Fire Protection 

Association Automobile and Marine Service Station Code [NFPA 30A as 

adopted] SET FORTH in section [29-320-2] 29-320-3a of the 

Regulations of Connecticut State Agencies . 

(5) Any [person who owns, leases, operates or controls] OWNER OR 

OPERATOR OF a dispensing facility subject to [subdivision (b)(1), 

(b)(2), (b)(3) or (b)(4)] SUBSECTION (b) OF THIS SECTION shall 

install and maintain the Stage II vapor recovery system in a manner 

such that the dispensing facility complies with the provisions of 

[section] SECTIONS 22a-449 (d) -1 and [sections] 22a-449(d)-101 

through [22a-449(d)-1103 22a-449(d)-113 of the Regulations of 

Connecticut State Agencies[, as amended] . 

(6) UNLESS OTHERWISE SPECIFIED IN AN APPLICABLE CARB CERTIFICATION, 

ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION, NO OWNER OR 

OPERATOR OF A DISPENSING FACILITY SUBJECT TO SUBSECTION (b) OF THIS 

SECTION SHALL TRANSFER OR ALLOW THE TRANSFER OF GASOLINE BETWEEN A 

DELIVERY VEHICLE AND A STATIONARY STORAGE TANK AT SUCH FACILITY 

UNLESS EACH STATIONARY STORAGE TANK IS EQUIPPED WITH : 

(A) A CARB-CERTIFIED FILL ADAPTER; AND 

(B) A PRESSURE-VACUUM VENT VALVE WITH A RELIEF SETTING OF 

THREE (3), PLUS OR MINUS ONE-HALF (0 .5) INCH OF WATER 

COLUMN PRESSURE AND EIGHT (8), PLUS OR MINUS TWO (2 .0) 

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INCHES OF WATER COLUMN VACUUM . 

(7) TWO POINT STAGE I VAPOR RECOVERY SYSTEMS SHALL BE INSTALLED : 

(A) BY AN OWNER OR OPERATOR OF ANY STATIONARY STORAGE TANK 

WITH AN AVAILABLE PORT ONE YEAR AFTER THE EFFECTIVE DATE 

OF THIS SECTION; AND 

(B) BY AN OWNER OR OPERATOR OF ANY STATIONARY STORAGE TANK 

THAT DOES NOT HAVE AN AVAILABLE PORT AT SUCH TIME THE 

STATIONARY STORAGE TANK IS REPLACED OR AT SUCH TIME THE 

PRODUCT IN THE TANK IS SWITCHED FROM ANY OTHER FUEL TO 

GASOLINE . 

(d) Training, maintenance, and labeling . 

(1) .Any [person who owns, leases, operates or controls] OWNER OR 

OPERATOR OF a dispensing facility subject to [subdivision (b)(1), 

(b)(2), (b)(3) or (b)(4)] SUBSECTION (b) OF THIS SECTION shall 

require THAT at least one representative of such dispensing facility 

[to attend] ATTENDS and successfully [complete] COMPLETES a training 

session[,] provided by [an] A STAGE II equipment manufacturer, 

supplier, distributor or installer, in the operation and maintenance 

of the Stage II vapor recovery system USED AT THE FACILITY WHERE 

SUCH REPRESENTATIVE IS EMPLOYED . [Any person who owns, leases, 

operates or controls more than one dispensing facility subject to 

this subdivision may have a trained representative who is 

responsible for more than one such facility . Such representative] 

IF AN OWNER OR OPERATOR OWNS OR OPERATES MORE THAN ONE DISPENSING 

FACILITY THAT UTILIZES THE SAME TYPE OF STAGE II VAPOR RECOVERY 

SYSTEM, ONLY ONE REPRESENTATIVE FROM ONE OF THE DISPENSING 

FACILITIES NEED BE TRAINED IN ACCORDANCE WITH THIS SUBSECTION . 

TRAINING shall BE successfully [complete the training] COMPLETED no 

later than three (3) months after commencement of operation of the 

dispensing facility's Stage II vapor recovery system, OR, IF A 

REPRESENTATIVE IS RESPONSIBLE FOR MORE THAN ONE FACILITY THAT 

UTILIZES THE SAME TYPE OF STAGE II VAPOR RECOVERY SYSTEM, SUCH 

TRAINING SHALL SUCCESSFULLY BE COMPLETED NO LATER THAN THREE (3) 

MONTHS AFTER THE FIRST INSTALLATION OF SUCH STAGE II VAPOR RECOVERY 

SYSTEM . If the representative who received the training is no 

longer employed at that dispensing facility, another representative 

of such dispensing facility shall attend and successfully complete 

the training within three (3) months of the departure of such 

representative who had previously received the training . Training 

shall include the following areas : 

(A) Purposes and effects of the Stage II vapor recovery 

system ; 

(B) Operation of the [equipment in the] dispensing facility's 

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Stage II vapor recovery system ; 

(C) Maintenance schedules for the dispensing facility's 

[equipment] STAGE II VAPOR RECOVERY SYSTEM ; 

(D) Manufacturer's warranties for the DISPENSING FACILITY'S 

Stage II vapor recovery system ; and 

(E) Equipment manufacturer contacts (names, addresses, and 

phone numbers) for parts and service NECESSARY FOR THE 

PROPER OPERATION OF THE DISPENSING FACILITY'S STAGE II 

VAPOR RECOVERY SYSTEM . 

(2) Any [person who owns, leases, operates or controls] OWNER OR 

OPERATOR OF a dispensing facility subject to [subdivision (b)(1), 

(b)(2), (b) (3) or (b)(4)3 SUBSECTION (b) OF THIS SECTION shall 

maintain the Stage II vapor recovery system in accordance with 

specifications THAT ARE OR HAVE EVER BEEN approved by CARB [on or 

before November 1, 19921 . 

(3) Any [person who owns, leases, operates or controls] OWNER OR 

OPERATOR OF a dispensing facility subject to [subdivision (b)(1), 

(b)(2), (b) (3) or (b)(4)3 SUBSECTION (b) OF THIS SECTION shall post, 

CONSPICUOUSLY on the upper two-thirds of each gasoline dispenser, 

operating instructions for dispensing gasoline using the Stage II 

vapor recovery system . [Such instructions shall be located 

conspicuously.] Such instructions shall include, at a minimum, the 

following : 

(A) A clear description of how to correctly dispense gasoline 

using the Stage II vapor recovery system ; 

(B) A warning not to attempt to continue dispensing gasoline 

after automatic shutoff of the nozzle ; and 

(C) [the telephone number of a] A TELEPHONE NUMBER, 1-800-

249-1234, TO contact [at] the Department OR [to whom] to 

report problems experienced with the Stage II vapor 

recovery system . 

(e) Testing . 

(1,) (Before commencing operation of a Stage II vapor recovery 

system,] THE OWNER OR OPERATOR OF a dispensing facility subject to 

[subdivision (b) (1) , (b) (2), (b) (3) or (b) (4) ] SUBSECTION (b) OF 

THIS SECTION shall conduct AN INITIAL PERFORMANCE TEST PRIOR TO 

DISPENSING ANY GASOLINE INTO A MOTOR VEHICLE FUEL TANK [testing3 to 

verify that [such] THE STAGE II VAPOR RECOVERY system has been 

properly installed and is functioning properly . [Such tests shall 

include liquid blockage testing, leak check testing, and all other 

8 
related tests for automatic shutoff mechanisms and flow prohibiting 

mechanisms at the gasoline dispensers .] Such tests shall be 

conducted in accordance with the test procedures in the EPA document 

"Stage II Vapor Recovery Systems for Control of Vehicle Refueling 

Emissions at Gasoline Dispensing Facilities", Vol II (EPA-450/3-91-

022b)[ .] AND SHALL ALSO INCLUDE : 

(A) LIQUID BLOCKAGE TESTING ; 

(B) PRESSURE DECAY/LEAK CHECK TESTING, EXCEPT THAT THE AMOCO 

V-1 PHASE II VAPOR RECOVERY SYSTEM APPROVED PURSUANT TO 

CARB EXECUTIVE ORDER G-70-118-AB SHALL BE TESTED USING 

THE CARB-APPROVED PRESSURE DECAY/LEAK CHECK TEST METHODS 

SET FORTH IN TP-201 .3A, "DETERMINATION OF 5 INCH WC 

STATIC PRESSURE PERFORMANCE OF VAPOR RECOVERY SYSTEMS OF 

DISPENSING FACILITIES ;" 

(C) AUTOMATIC SHUTOFF MECHANISM TESTING IN ACCORDANCE WITH 

TEST PROCEDURES SET FORTH IN CARB EXAMINATION PROCEDURES 

OUTLINE 26-F-1, "VAPOR RECOVERY SYSTEMS FIELD COMPLIANCE 

TESTING PROCEDURES ;" 

(D) ANY OTHER RELATED TESTING OF FLOW PROHIBITING MECHANISMS 

AT THE GASOLINE DISPENSER ; 

(E) PRESSURE-VACUUM VENT VALVE TESTING TO VERIFY OPERATION 

WITHIN 0 .29 OUNCES PER SQUARE INCH OR 0 .5 INCHES WATER 

COLUMN OF THE DESIGNED PRESSURE AND WITHIN 1 .2 OUNCES PER 

SQUARE INCH OR 2 INCHES WATER COLUMN OF THE VACUUM 

SETTINGS ; AND 

(F) VACUUM ASSIST STAGE II VAPOR RECOVERY SYSTEM TESTING 

USING THE CARB AIR-TO-LIQUID VOLUME RATIO TEST PROCEDURE 

SET FORTH IN TP-201 .5 . 

(2) At least every [five] THREE years or upon major system 

modification, whichever occurs first, [a person who owns, leases, 

operates or controls] AN OWNER OR OPERATOR OF a dispensing facility 

shall conduct testing to verify that the Stage II vapor recovery 

system is operating properly . Such testing shall include a leak 

check test and any and all other functional tests that were required 

by subdivision [(e)](1) OF THIS SUBSECTION . [For the purposes of 

this section, a major system modification shall be defined as : 

(A) the repair or replacement of any stationary storage tank 

equipped with a Stage II vapor recovery system ; 

(B) the repair or replacement of any part of an underground 

piping system attached to a stationary storage tank 

equipped with a Stage II vapor recovery system, excluding 

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the repair or replacement of any part of an underground 

piping system which is accessible for such repair or 

replacement without excavation ; 

(C) a change from a vapor balance Stage II vapor recovery 

system to a vacuum assist Stage II vapor recovery system ; 

or 

(D) a change from a vacuum assist Stage II vapor recovery 

system to a vapor balance Stage II vapor recovery 

system .] 

(3) Before a person [other than a representative of the Department] 

conducts [testing] A TEST pursuant to [subdivision (e)(1) or (e)(2)] 

THIS SUBSECTION, the [person who owns, leases, operates or controls] 

OWNER OR OPERATOR OF the dispensing facility shall notify the 

Department's Bureau of Air Management at least [four (4) business] 

SEVEN (7) days in advance of such testing. Such notification shall 

include the date, time[,] and location of the [test] TEST(S), and 

the name and address of the person conducting the [test] TEST(S) . 

THE OWNER OR OPERATOR IS NOT REQUIRED TO SUBMIT SUCH NOTICE IF A 

REPRESENTATIVE OF THE DEPARTMENT WILL CONDUCT SUCH TEST . 

(4) [Any] IF ANY Stage II vapor recovery system [which] does not 

pass any test required by this subsection THE STAGE II VAPOR 

RECOVERY SYSTEM shall [not] be considered [properly operating for 

the purposes of subsection (b) of this regulation] TO NOT BE 

OPERATING PROPERLY . 

(f) Record keeping requirements . 

(1) Any OWNER OR OPERATOR OF a dispensing facility subject to 

[subdivision (b)(1), (b)(2), (b) (3) or (b)(4)] SUBSECTION (b) OF 

THIS SECTION shall maintain, in a location in the State of 

Connecticut, the following records : 

(A) All licenses, as that term is defined in section 4-166 of 

the CONNECTICUT General Statutes, to construct or operate 

the dispensing facility or to construct or operate a 

specific system at the dispensing facility ; 

(B) ALL RECORDS [Records] and results of tests performed 

pursuant to [subdivisions (e)] (1) and (e) (2)] 

SUBSECTION (e) OF THIS SECTION, including the date of the 

testing and the names, addresses, and phone numbers of 

the persons who [installed and tested such Stage II vapor 

recovery system] PERFORMED THE TESTS ; 

(C) A record of any maintenance or repair conducted on any 

part of the Stage II vapor recovery system, including a 

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description of the maintenance problem, identification of 

any part or parts repaired or replaced on such Stage II 

vapor recovery system, the date such part or parts were 

repaired or replaced, and a general description of the 

location of the part or parts in the system including the 

number of the gasoline dispenser ; 

(D) Proof [of completion by] THAT a current representative of 

the dispensing facility RECEIVED [of] training pursuant 

to [subdivision (d)] SUBSECTION (d) OF THIS SECTION; 

(E) A chronological file of all inspection reports of the 

dispensing facility issued by a representative of the 

Department, THE DEPARTMENT OF CONSUMER PROTECTION or EPA; 

and 

(F) A chronological file of all compliance records, including 

orders, warnings and notices of violations, issued by a 

representative of the Department, THE DEPARTMENT OF 

CONSUMER PROTECTION or EPA . 

(2) [Such records] RECORDS REQUIRED BY THIS SUBSECTION shall be 

made available for inspection AND COPYING by a representative of the 

Department, [or] EPA OR THE DEPARTMENT OF CONSUMER PROTECTION . [The 

inspection reports file shall be maintained separately from the 

compliance records file .] 

(3) [Such records] RECORDS shall be maintained for [not less than] 

five (5) years FROM THE DATE OF CREATION . 

(4) AN OWNER OR OPERATOR SHALL DISPLAY IN A CONSPICUOUS LOCATION AT 

THE DISPENSING FACILITY THE ADDRESS IN THE STATE OF CONNECTICUT AT 

WHICH THE RECORDS REQUIRED BY SUBDIVISION (1) OF THIS SUBSECTION ARE 

MAINTAINED . 

(g) Defective equipment . 

(1) Any [part of a] Stage II vapor recovery system having a defect, 

as defined by subdivision [(g)](3) OF THIS SUBSECTION, shall be 

immediately tagged "out of order" by the [person who owns, leases, 

operates or controls] OWNER OR OPERATOR OF the dispensing facility . 

(2) [Any person who owns, leases, operates or controls] AN OWNER OR 

OPERATOR OF a dispensing facility shall not allow the use of [any 

part of] a Stage II vapor recovery system which has been tagged "out 

of order" until such [part] SYSTEM has been repaired or replaced . 

(3) For the purposes of subdivisions [(g)](1) and [(g)](2) OF THIS 

SUBSECTION, a defect in a Stage II vapor recovery system shall 

include, BUT SHALL NOT BE LIMITED TO : 

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(A) Absence or disconnection of any part required to be used 

in such Stage II [Vapor] VAPOR recovery [systems] SYSTEM ; 

(B) A vapor RECOVERY hose which is crimped [or], flattened OR 

OTHERWISE IMPAIRED_, such that the vapor passage is 

blocked, or when the A pressure drop through the vapor 

RECOVERY hose THAT exceeds by a factor of two (2) or more 

the CARB SPECIFICATIONS [requirements] for such Stage II 

vapor recovery system ; 

(C) A nozzle boot which has ANY VISIBLE DAMAGE INCLUDING, BUT 

NOT LIMITED TO, A RIP, TEAR OR HOLE IN THE AREA OF THE 

CHECK VALVE ; a triangular-shaped or similar tear ONE-HALF 

(1/2) inch or more to a side ; a hole ONE-HALF (1/2) inch 

or more in diameter ; or a slit ONE (1) inch or more in 

length ; 

(D) Balance nozzles and nozzles for aspirator and educator 

assist-type systems which are damaged such that the 

capability to achieve a seal with a fill pipe interface 

is affected for [1/4] ONE-QUARTER of the circumference of 

the faceplate (accumulated) ; 

(E)) Nozzles for vacuum [assist-type] ASSIST systems which are 

damaged such that [more than 1/4 of the flexible cone is 

missing;] AN AREA OF THE VAPOR GUARD EQUAL TO OR GREATER 

THAN ONE-HALF (0 .5) INCH IN AREA IS MISSING; 

(F) A nozzle shutoff mechanism [which] THAT malfunctions in 

any manner ; 

(G) A vapor return line, including such parts as swivels, 

anti-recirculation valves and underground piping, which 

malfunctions or is blocked or restricted such that the 

pressure drop through the line exceeds by a factor of two 

or more the requirements for such Stage II vapor recovery 

system ; 

(H) A vapor processing unit which is inoperative ; 

(I) A vacuum producing device which is inoperative ; or 

(J) A pressure/vacuum relief valve, vapor check valve, or dry 

break which is inoperative . 

(h) Delegation . 

(1) The [Commissioner] COMMISSIONER may, in accordance with the 

provisions of section 22a-2a of the CONNECTICUT General Statutes, 

12 
delegate the authority to inspect any dispensing facility covered by 

the provisions of this [regulation] SECTION to the Department of 

Consumer Protection[, to any municipality,] or to any employee of 

[either] the Department of Consumer Protection [or such 

municipality] . Such delegation shall not include the authority to 

otherwise enforce any provision of this section . 

(2) [The Commissioner of the Department of Consumer Protection or 

the chief executive officer of a municipality may apply to the 

Commissioner for delegation to such Department or municipality of 

all or part of the authority to inspect any dispensing facility 

covered by the provisions of this regulation . In making a decision 

on such application, the Commissioner shall consider : 

(A) The knowledge and training of the applicant ; 

(B) The jurisdictional authority of the applicant ; 

(C) The financial and administrative capacity of the 

applicant ; 

(D) The level of experience and training of the employees of 

the applicant ; 

(E) The nature of the duties to be delegated ; and 

(F) The facilities which will be subject to this regulation . 

(3) The Commissioner shall notify the applicant in writing of the 

decision on the application . If such application is approved, the 

Commissioner shall prepare a memorandum of understanding which 

defines the scope of the delegation . The Commissioner and the 

applicant shall both sign the memorandum of understanding.] THE 

COMMISSIONER SHALL IMPLEMENT SUCH DELEGATION OF AUTHORITY BY 

MEMORANDUM OF UNDERSTANDING . The memorandum of understanding shall 

include an effective date and an expiration date, provided that the 

initial memorandum of understanding shall be valid for a period of 

up to three (3) years . 

[(4)](3) Prior to the expiration of the memorandum of understanding, 

the [Commissioner] COMMISSIONER shall review the performance of 

duties required by the memorandum of understanding, including record 

keeping, reporting, inspections and enforcement activities . If the 

[Commissioner] COMMISSIONER is satisfied with such performance, the 

[Commissioner] COMMISSIONER may renew the memorandum of 

understanding for up to five (5) years . 

[(5) The Department of Consumer Protection or a municipality may 

allow employees to perform delegated duties, provided that the 

Department of Consumer Protection or such municipality is ultimately 

13 
responsible for such activities . Any person who will perform 

delegated duties shall complete technical training in methods of 

inspection and reporting . 

(6) Any person who performs delegated duties shall abide by the 

standards and requirements for state employees contained in Chapter 

10 of the General Statutes, as amended .] 

[(7)](4) Within [fifteen (15)] THIRTY (30) days of the detection of 

a violation of any standard, criteria or other requirement at any 

dispensing facility which the Department of Consumer Protection [or 

a municipality] has been delegated the authority to inspect, the 

Department OF CONSUMER PROTECTION [or the municipality] shall submit 

a report to the [Commissioner] COMMISSIONER . In the event that 

further investigation or action by the Department OF ENVIRONMENTAL 

PROTECTION is required, the [Commissioner] COMMISSIONER shall notify 

the Department of Consumer Protection [or the municipality] of such 

investigation or action . 

[(8)](5) [Beginning January 1, 1993, the] THE Department of 

Consumer Protection [or a municipality which has been delegated 

authority to inspect facilities under this section] shall submit an 

annual report to the [Commissioner] COMMISSIONER each January 1 

which summarizes the activities, including the number of 

inspections, conducted under such authority during the previous 

twelve (12) months . 

[(9) The Commissioner shall maintain a record of the cost to the 

Department of administering the delegation program under this 

section . The Commissioner shall assess the benefits, including any 

cost reductions, and liabilities to the Department of the delegation 

program, including the costs specified above, the number of 

inspections conducted, and the overall effectiveness of delegation 

in reducing air pollution in the state .] 

[(10)](6) The [Commissioner] COMMISSIONER may revoke all or part of 

a delegation of authority upon written notice to the Commissioner of 

the Department of Consumer Protection [or the chief executive 

officer of the municipality] . Such revocation shall be effective 

upon receipt of such notice . 

[(11)](7) The Commissioner of the Department of Consumer Protection 

[or the chief executive officer of a municipality] may terminate all 

or part of the delegated responsibilities upon thirty (30) days 

written notice to the [Commissioner] COMMISSIONER . 

Statement of Purpose : To require the use of pressure-vacuum vent 

valves and fill adapters to limit emissions of volatile organic 

compounds (VOCs) ; to prevent the loosening or over tightening of the 

fill adapter ; to improve Stage II system maintenance and reduce VOC 

14 
emissions by increasing the frequency of Stage II system performance tests from every five to every three years ; to revise the format of Section 30 to conform to current conventions ; to streamline and clarify the delegation provisions of subsection (h) ; and to use 

associated emission reductions to alleviate a shortfall in 

demonstrable emission reductions of VOCs in accordance with the federally approved one-hour Ozone Attainment Demonstration for the 

Connecticut portion of the New York-Northern New Jersey-Long Island 

(NY-NJ-CT) severe ozone nonattainment area . See 66 Fed. Reg . 63921 (December 11, 2001) . 

B. Section 22a-174-43, Portable Fuel Container Spillage Control. This proposed new 

regulation will require the use of portable fuel containers designed to reduce VOC emissions 

resulting from spillage and evaporation. The fuel containers subject to this rule range in size 

from one quart to ten gallons. This proposed regulation is based on a model rule developed by 

the Ozone Transport Commission. The text of the new proposed rule is as follows: 

Section 22a-174-43 Portable Fuel Container Spillage Control . 

(a) Definitions . For the purposes of this section : 

(1) "CARB" means the California Air Resources Board . 

(2) "CCR" means the California Code of Regulations . 

(3) "Consumer" means any person who purchases or otherwise acquires 

a new portable fuel container or spout or both portable fuel 

container and spout for personal, family, household or institutional 

use . A person who acquires a portable fuel container or spout or 

both a portable fuel container and spout for resale is not a 

"consumer" for that product . 

(4) "Distributor" means any person to whom a portable fuel 

container or spout or both portable fuel container and spout is sold 

or supplied for the purpose of resale or distribution in commerce . 

This term does not include manufacturers, retailers and consumers . 

(5) "Fuel" means a volatile liquid mixture containing hydrocarbons 

or a blend of a volatile liquid mixture with one or more oxygen 

containing ashless organic compounds, such as alchols or ethers, 

which is suitable for use in spark-ignition internal combustion 

engines or compression-ignition internal combustion engines . 

(6) "Manufacturer" means any person who imports, manufactures, 

assembles, produces, packages, repackages or re-labels a portable fuel container or spout or both portable fuel container and spout . 

15 
(7) "NYCRR" means the Official Compilation of Codes, Rules and 

Regulations of the State of New York . 

(8) "NYSDEC" means the New York State Department of Environmental 

Conservation . 

(9) "Nominal capacity" means the volume indicated by the 

manufacturer that represents the maximum recommended filling level . 

(10) "Outboard engine" means the spark-ignition marine engine 

mounted on a marine watercraft and used to propel such watercraft . 

(11) "Permeation" means the process by which individual fuel 

molecules may penetrate the walls and components of a portable fuel 

container . 

(12) "Portable fuel container" means any container or vessel with a 

nominal capacity of ten gallons or less intended for reuse that is 

designed or used primarily for receiving, transporting, storing and 

dispensing fuel . 

(13) "Retailer" means any person who owns, leases, operates, 

controls or supervises a retail outlet . 

(14) "Retail outlet" means any establishment at which any portable 

fuel container or spout or both portable fuel container and spout is 

sold, supplied or offered for sale . 

(15) "Spill-proof spout" means any spout that complies with the 

performance standards set forth in subsection (d) of this section . 

(16) "Spill-proof system" means any configuration of portable fuel 

container and firmly attached spout that complies with the 

performance standards set forth in subsection (d) of this section . 

(17) "Spout" means any device that can be firmly attached to a 

portable fuel container for conducting pouring through which the 

contents of a portable fuel container can be dispensed . 

(18) "Target fuel tank" means any receptacle that receives fuel from 

a portable fuel container . 

(b) Applicability . 

Except as provided in subsection (c) of this section, this section 

applies to any person who sells, supplies, offers for sale or 

manufactures for sale in the State of Connecticut a portable fuel 

container or spout or both portable fuel container and spout for use 

in the State of Connecticut . 

16 
(c) Exemptions . 

(1) This section shall not apply to any portable fuel container or spout or both portable fuel container and spout manufactured in the State of Connecticut for shipment, sale and use outside of the State of Connecticut . 

(2) This section shall not apply to a manufacturer or distributor who sells, supplies or offers for sale in the State of Connecticut a portable fuel container or spout or both portable fuel container and spout that does not comply with the performance standards set forth in subsection (d) of this section, provided that such manufacturer makes and keeps records demonstrating : 

(A) The portable fuel container or spout or both portable 

fuel container and spout is intended for shipment and use 

outside of the State of Connecticut ; and 

(B) The manufacturer or distributor has taken reasonable and 

prudent precautions to assure that the portable fuel 

container or spout or both portable fuel container and 

spout is not distributed to or within the State of 

Connecticut . 

(3) This section shall not apply to any safety can subject to and 

in compliance with the provisions of 29 CFR 1926, Subpart F . 

(4) This section shall not apply to any portable fuel container 

with a nominal capacity of less-than or equal to one (1) quart . 

(5) This section shall not apply to any rapid refueling device with 

a nominal capacity of greater than or equal to four gallons, 

provided that such device : 

(A) Is designed for use in an off-highway motorized vehicle 

competition ; 

(B) Creates a leak-proof seal against the target fuel tank ; 

or 

(C) operates in conjunction with a receiver permanently 

installed on the target tank . 

(6) This section shall not apply to marine portable fuel tanks 

manufactured specifically to deliver fuel through a hose attached 

between the portable fuel tank and an outboard engine for the 

purpose of operating such engine . 

(7) This section shall not apply to any manufacturer for any 

product for which the NYSDEC issued a variance pursuant to 6 NYCRR 

17 
239-7 for the period of time such variance is in effect, provided 

that the manufacturer submits all information and data required by 6 

NYCRR 239-7 to the commissioner within thirty days of variance 

approval . If NYSDEC issues a variance pursuant to 6 NYCRR 239-7 

more than thirty days before the effective date of this section, the 

manufacturer shall submit the information and data required by 6 

NYCRR 237-7 to the commissioner within thirty days of the effective 

date of this section, provided the underlying variance is still in 

effect and necessary to maintain this exemption in the State of 

Connecticut . 

(8) This section shall not apply to any manufacturer who : 

(A) Is granted an exemption by CARB pursuant to the 

Innovative Products provisions of 13 CCR 2467 .4 for the 

period of time the CARB Innovative Products exemption 

remains in effect ; or 

(B) Is granted an exemption by the NYSDEC pursuant to the 

Innovative Products provisions of 6 NYCRR 239-5 . 

(9) Any manufacturer who claims an exemption pursuant to 

subdivision (8) of this subsection shall submit to the commissioner, 

upon request therefore, a copy of the applicable CARB or NYSDEC 

exemption decision . 

(10) Reserved for military use/equipment exemption . 

(d) Performance Standards . 

(1) Except as provided in subsection (c) of this section, no person 

shall sell, supply, offer for sale or manufacture for sale in the 

State of Connecticut on or after May 1, 2004, any portable fuel 

container or any portable fuel container and spout that, at the time 

of sale or manufacture, does not comply with the performance 

standards specified in subdivision (2) of this subsection . 

(2) Each portable fuel container and each portable fuel container 

and spout shall : 

(A) Have an automatic shut-off that stops fuel flow before 

the target tank overflows ; 

(B) Automatically close and seal when removed from the target 

fuel tank and remain completely closed when not 

dispensing fuel ; 

(C) Have only one opening for both filling and pouring ; 

(D) Provide a fuel flow rate and fill level equal to or 

18 
greater than : 

(i) One-half (0 .5) gallon per minute for portable fuel 

containers with a nominal capacity : 

(aa) less than or equal to one and one-half (1 .5) 

gallons, filling to a level less than or equal 

to one (1) inch below the top of the target 

fuel tank opening, or 

(bb) greater than one and one-half (1 .5) gallons, 

but less than two and one-half (2 .5) gallons, 

filling to a level less than or equal to one 

(1) inch below the top of the target fuel tank 

opening if the spill-proof system clearly 

displays the phrase "Low FLOw RATE" in bold type 

of thirty-four (34) point or greater on each 

spill-proof system or label affixed thereto, 

and on the accompanying package, if any, or 

(ii) One (1) gallon per minute for portable fuel 

containers with a nominal capacity greater than one 

and one-half (1 .5) gallons, but less than or equal 

to two and one-half (2 .5) gallons, and fills to a 

level less than or equal to one and one-quarter 

(1 .25) inches below the top of the target fuel tank 

opening, or 

(iii) Two (2) gallons per minute for portable fuel 

containers with a nominal capacity greater than two 

and one-half (2 .5) gallons ; 

(E) Have a permeation rate of less than or equal to fourtenths (0 .4) grams per gallon per day ; and 

(F) Be warranted by the manufacturer for a period of not less 

than one year against all defects in material and 

workmanship . 

(3) Except as provided in subsection (c) of this section, no person 

shall sell, supply, offer for sale or manufacture for sale in the 

State of Connecticut on or after May 1, 2004, any spout that, at the 

time of sale or manufacture, does not comply with the performance 

standards specified in subdivision (4) of this subsection . 

(4) Each spill-proof spout shall : 

(A) Have an automatic shut-off that stops fuel flow before 

the target tank overflows ; 

19 
(B) Automatically close and seal when removed from the target 

fuel tank and remain completely closed when not 

dispensing fuel ; 

(C) Provide a fuel flow rate and fill level equal to or 

greater than : 

(i) One-half (0 .5) gallon per minute for portable fuel 

containers with a nominal capacity : 

(aa) less than or equal to one and one-half (1 .5) 

gallons, filling to a level less than or equal 

to one (1) inch below the top of the target 

fuel tank opening, or 

(bb) greater than one and one-half (1 .5) gallons, 

but less than two and one-half (2 .5) gallons, 

filling to a level less than or equal to one 

(1) inch below the top of the target fuel tank 

opening if the spill-proof spout clearly 

displays the phrase "Low FLow RATE" in bold type 

of thirty-four (34) point or greater on the 

accompanying package, or for spill-proof spouts 

sold without packaging, on either the spillproof spout or a label affixed thereto, or 

(ii) One (1) gallon per minute for portable fuel 

containers with a nominal capacity greater than one 

and one-half (1 .5) gallons, but less than two and 

one-half (2 .5) gallons, filling to a level less than 

or equal to one and one-quarter (1 .25) inches below 

the top of the target fuel tank opening, or 

Two (2) gallons per minute for portable fuel 

containers with a nominal capacity greater than two 

and one-half (2 .5) gallons ; and 

(D) Be warranted by the manufacturer for a period of not less 

than one year against all defects in material and 

workmanship . 

(e) Labelling Requirements . 

(1) Each manufacturer of a portable fuel container or portable fuel 

container and spout subject to this section shall clearly display on 

each spill-proof system : 

(A) The phrase "Spill-Proof System;" 

(B) A date of manufacture or a representative date ; and 

20 
(C) A representative code identifying the portable fuel 

container or portable fuel container and spout as subject 

to this section and in compliance with subsection (d) of this section . 

(2) Each manufacturer of a spout subject to this section shall clearly display on the accompanying package, or for a spill-proof 

spout sold without packaging, on either the spill-proof spout or a label affixed thereto : 

(A) The phrase "Spill-Proof Spout ;" 

(B) A date of manufacture or a representative date ; and 

(C) A representative code identifying the spout as subject to 

this section and in compliance with subsection (d) of 

this section . 

(3) Each manufacturer subject to this section shall file an 

explanation of both the date code and representative date code with 

the commissioner no later than three months after the effective date of this section or within ninety (90) days of production or any 

change in coding . 

(4) Each manufacturer subject to this section shall clearly display 

a fuel flow rate on each spill-proof system or spill-proof spout, or 

label affixed thereto, and on any accompanying package . 

(5) Each manufacturer subject to subdivision (2) of this subsection 

shall clearly display the make, model number and size of each 

portable fuel container the spout is designed to accommodate, 

provided the identified combinations of container and spout shall 

comply with all applicable provisions of this section . 

(6) No manufacturer shall display or affix the phrase "Spill-Proof 

System" or "Spill-Proof Spout" to a portable fuel container or a 

portable fuel container and spout unless such container and spout 

comply with all applicable provisions of subsection (d) of this 

section . 

(7) If, due to its design or other features, a portable fuel 

container or a portable fuel container and spout cannot be used to 

refuel one or more on-road motor vehicles, the manufacturer shall 

clearly display the phrase "Not Intended For Refueling On-Road Motor 

Vehicles" in thirty-four (34) point type or greater on : 

(A) An affixed label and the accompanying package, if any, 

for any portable fuel container or portable fuel 

container and spout sold together as a spill-proof 

21 
system ; and 

(B) Either the spill-proof spout or a label affixed thereto, 

and the accompanying package, if any, for any spill-proof 

spout . 

(f) Compliance Test Procedures . 

(1) Each manufacturer of a portable fuel container or spout or both 

a portable fuel container and spout must perform the compliance 

tests specified in subdivisions (2) and (3) of this subsection prior 

to allowing the product to be offered for sale in the State of 

Connecticut or at any other time directed to do so by the 

commissioner . 

(2) To determine compliance with the standards set forth in 

subsection (d) of this section, each manufacturer shall use the 

following test procedures : 

(A) "Test Method 510, Automatic Shut-Off Test Procedure For 

Spill-Proof Systems And Spill-Proof Spouts," adopted by 

CARB on July 6, 2000 ; 

(B) "Test Method 511, Automatic Closure Test Procedure For 

Spill-Proof Systems And Spill-Proof Spouts," adopted by 

CARB on July 6, 2000 ; and 

(C) "Test Method 512, Determination Of Fuel Flow Rate For 

Spill-Proof Systems And Spill-Proof Spouts," adopted by 

CARB on July 6, 2000 . 

(3) To determine compliance with the permeation standard set forth 

in subsection (d)(2)(D) of this section, each manufacturer shall use 

the test procedures set forth in subdivision (2) of this subsection 

and "Test Method 513, Determination Of Permeation Rate For SpillProof Systems," adopted by CARB on July 6, 2000 . 

(4) Each manufacturer must make and keep records of the compliance 

tests specified in subdivisions (2) and (3) of this subsection for 

as long as the product is available for sale in the State of 

Connecticut and make any test results available to the commissioner 

within thirty (30) days after receiving a request by the 

commissioner for such records . 

(5) Compliance with the performance standards set forth in 

subsection (d) of this section does not exempt any manufacturer of a 

spill-proof system or spill-proof spout from the duty to comply with 

all other applicable federal and state requirements . 

(6) Notwithstanding the provisions of subsections (d)(1) and (d)(3) 

22 
of this section, a portable fuel container or spout or both a 

portable fuel container and spout manufactured before May 1, 2004, 

may be sold, supplied or offered for sale until May l, 2005 if the 

date of manufacture or a date code representing the date of 

manufacture is clearly displayed on the portable fuel container or 

spout . 

Statement of Purpose : 

To limit emissions of volatile organic compounds (VOCs) through the 

use of portable fuel containers designed to minimize spillage and 

fugitive evaporative emissions . To use associated emission 

reductions to alleviate a shortfall in demonstrable emission 

reductions of VOCs in accordance with the federally approved onehour Ozone Attainment Demonstration for the Connecticut portion of 

the New York-Northern New Jersey-Long Island (NY-NJ-CT) severe ozone 

nonattainment area . See 66 Fed. Reg . 63921 (December 11, 2001) . 

IV. Principal Reasons in Support of the Proposed Amendments 

The proposed amendment to section 30 provides additional emission reductions of volatile 

organic compounds ("VOCs") needed to comply with a final rule of the United States 

Environmental Protection Agency ("EPA"), which approved the Connecticut one-hour ozone 

attainment demonstration for the Connecticut portion of the NY-NJ-CT severe nonattainment 

area. l EPA has required, and Connecticut has committed to, the adoption and submission of 

additional control measures to offset the EPA-identified shortfall in emission reductions 

necessary to attain the federal one-hour ozone air quality standard by 2007. Proposed section 43 

provides VOC emission reductions needed to comply with the same final EPA rule . The 

Department anticipates that section 30, in conjunction with section 43 and other previously 

adopted control measures for municipal waste combusters and mobile source repair and 

refinishing operations, will, when fully implemented, meet the EPA emission reduction targets. 

V. Principal Considerations in Opposition to the Proposed Amendments 

The Department did not receive any comments in opposition to the proposed amendment of 

section 30 or the proposed adoption of section 43 . All comments submitted are addressed in 

detail in Section VI of this report. 

VI. Summary of Comments 

1 See Approval and Promulgation of Air Quality Implementation Plans; Connecticut; Ozone, 66 Fed. Beg. 63921 

(December 11, 2001) . 

23 
A. General Comments 

EPA Region 1 provided the following general comment on Section 30 and Section 43 : 

1 . Comment: EPA commented that the public hearing notice for the proposed amendment of 

section 30 and the proposed adoption of section 43 indicated that the anticipated emission 

reductions are sufficient to offset the EPA-identified shortfall in the federally approved one-hour 

Ozone Attainment Demonstration but the public hearing package does not include any details on 

the quantity of emission reductions associated with the proposed rules. EPA requests that once 

the proposed rules are adopted and submitted to EPA as a SIP revision; the SIP revision should 

state the expected emission reductions from each rule being used to meet the shortfall and any 

assumptions that were made in calculating these reductions . The State will need to show that the 

combined reduction from the listed rules is equivalent to, or greater than, the identified shortfall 

(5 .4 tons per summer day ("tpsd") for VOC and 0.5 tpsd for NOx). 

Response: When submitting section 30 and section 43 to EPA as a revision to the SIP for air 

quality, the Department should state the expected emission reductions from each rule being used 

to meet the shortfall and any assumptions that were made in calculating these reductions in order 

to demonstrate that the combined reduction from the two rules, in addition with any other 

previously adopted control measure, is equivalent to, or greater than, the EPA-identified shortfall 

(5 .4 tpsd for VOC and 0.5 tpsd for NOx). 

B. Specific Comments on the Proposed Amendment of Section 30 

EPA Region 1 provided the following specific comments on Section 30 : 

1. Comment: EPA recommends, for clarification purposes, that subsection (c)(1)(A) be revised 

as follows : 

"(1) No person shall install a Stage Il vapor recovery system at a dispensing facility 

unless : 

(A) such system is currently or- h°s ever- been tested a ~a approved by CARB or 

was approved by CARB in accordance with the applicable certification procedures 

in place on April 12 1996 or procedures in place prior to this date; or. . ." 

Response : The proposed changes could potentially cause greater uncertainty than the language 

proposed because de-certifications by the California Air Resources Board ("CARB") could be 

viewed as automatically impacting systems covered by section 30. As this was not the intent of 

the proposed rule, the Department should not make the suggested changes. 

2. Comment: EPA recommends, for clarification purposes, that subsection (e)(1) be revised as 

24 
follows: 

"The followin~ Suck tests shall be conducted in accordance with the test procedures in 

the EPA document `Stage II Vapor Recovery System for Control of Vehicle Refueling 

Emissions at Gasoline Dispensing Facilities,' Vol II (EPA-450/3-91-022b) and shall also 

inelud e, except where otherwise noted below: " 

Response : The Department should not make the suggested change as it could be read to exclude 

the six testing requirements listed in subsection (e)(1) . 

3. Comment: EPA suggests subsection (e)(1)(E), which requires PV vent valve testing; be 

amended to specify a CARB test procedure as follows: 

"Pressure-vacuum vent valve testing to verify operation within 0.29 ounces per square 

inch or 0.5 inches water column of the designed pressure and within 1 .2 ounces per 

square inch or 2 inches water column of the vacuum settings in accordance with the test 

procedures outlined in CARB's TP 201 .2B Appendix 1 Determination of Pressure and 

Vacuum Performance Specifications for Pressure/Vacuum Vent Valves; and. . ." 

The test procedure referenced above is CARB's existing test procedure which was adopted on 

February 1, 2001 . CARB is also in the process of establishing anew test method, TP 201 .1E, 

"Leak Rate and Cracking Pressure of Pressure/Vacuum Vent Valves." According to CARB's 

web site, this test procedure was adopted on October 8, 2003, but has not yet received final 

approval. 

Response: The intent of the pressure-vacuum vent valve test is to determine the flow-versuspressure correlation for equipment with a vapor recovery system . The EPA's suggested revisions 

do not comport with the intention of the Department's proposed requirement, which is to verify 

the pressure-vacuum cap is operating within the required range. In addition, California's 

governor has, subsequent to EPA's comments, terminated the rule making process for CARB's 

TP 201 .1E, "Leak Rate and Cracking Pressure of Pressure/Vacuum Vent Valves." As such, the 

Department should not make the suggested change. 

4. Comment: EPA suggests subsection (e)(2), which revises the requirement for Stage II system 

re-testing from every five years to every three years, be amended to require annual leak check test 

and the air-to-liquid ratio test for vacuum assist systems. Such requirements are consistent with 

the Executive Orders issued by CARB in recent years and with Stage II vapor recovery testing 

requirements adopted by Rhode Island and Massachusetts. 

Response. The Department should proceed to adopt the revised testing schedule as proposed. 

Section 30 could be revised at a later time if the Department, upon full implementation of the 

revised testing schedule, finds that more frequent testing is warranted. 

25 
5. Comment: EPA notes several typographical errors and recommends the following 

corrections: 

Section (a)(11) : "Two-point Stage I vapor recove system means a stationary storage 

tank. . ." 

Section (a)(12): ". . . to draw gasoline vapors from e¬ a motor vehicle's gasoline fuel tank 

during the dispensing of gasoline into such tank." 

Section (g)(3)(B): ". . . or when the A pressure drop through the vapor recovery hose that 

exceeds by a factor of two or more. . ." 

Response: The Department should incorporate the changes identified by EPA into section 30. 

ExxonMobil provided the following comments on Section 30 : 

ExxonMobil expressed general support of the Department's proposed amendments. ExxonMobil 

made the following comments on areas where the proposed rules could be clarified or improved. 

6. Comments on subsection (a) Definitions : 

A. "Major System Modification ." The Department should revise this definition so that minor 

excavation performed to comply with the new requirements in section 30 do not fall under the 

definition of "Major System Modification." 

B. Although not specifically mentioned in this proposed amendment, ExxonMobil also proposes 

that the Department clarify that tank maintenance and upgrade work, including work that is 

required to maintain or extend the manufacturers warranty of underground storage tanks, is 

specifically excluded from the definition of "Major System Modification." 

C. "Two Point Stage I Vapor Recovery System." For purposes of clarity and precision, 

ExxonMobil suggests replacing the phrase "either port" with the phrase "the vapor return 

connection" in the definition of two point stage I vapor recovery system as follows : 

"Two point Stage I vapor recovery system" means a stationary storage tank 

possessing an entry port for a gasoline fill pipe and an exit port for a vapor 

connection that seals when the vapor return connection is disconnected in a 

manner that will prevent the discharge of gasoline vapors to the atmosphere." 

Response : (A) To address ExxonMobil's concern with respect to minor excavation undertaken 

to install fill adapters and two-point stage I vapor recovery systems, the Department should 

exempt from the testing requirements set forth in subsection (e) of section 30 any minor 

excavation from activity undertaken solely to comply with the new requirements set forth in 

26 
subsections (c)(6) and (c)(7) of section 30. If excavation is conducted for reasons in addition to 

compliance with the new requirements, such activity would be considered a major system 

modificaion. Thus, section 30(e)(2) should be revised as follows : 

"(e)(2) At least every [five] THREE years or upon major system modification, 

whichever occurs first, [a person who owns, leases, operates or controls] AN 

OWNER OR OPERATOR OF a dispensing facility shall conduct testing to verify 

that the Stage II vapor recovery system is operating properly. Such testing shall 

include a leak check test and any and all other functional tests that were required 

by subdivision [(e)](1) OF THIS SUBSECTION. MINOR EXCAVATION 

CONDUCTED SOLELY FOR THE PURPOSE OF COMPLYING WITH THE 

REQUIREMENTS OF SUBSECTIONS (c)(6) AND (c)(7) SHALL NOT BY 

ITSELF. TRIGGER THE REQUIREMENT TO TEST PURSUANT TO THIS 

SUBDIVISION. [For the purposes of this section, a major system modification 

shall be defined as : . . . ]" 

(B) The Department should not adopt ExxonMobil's suggestion to exempt from the definition of 

"major system modification" tank maintenance and upgrade work necessary to maintain or 

extend the manufacturers warranty of underground storage tanks. This comment is beyond the 

scope of the changes proposed by the Department. 

(C) The Department should adopt ExxonMobil's proposed change to the definition of "two 

point stage I vapor recovery system" as stated above. 

7. Comments on subsection (c) Equipment Specifications : 

A. ExxonMobil supports the changes made to subdivision (1) . 

B. Subdivision (6)(A) requires installation of a CARB-certified fill adapter within one year of 

the effective date of this regulation. At this time, ExxonMobil is aware of only one supplier of 

CARB-certified equipment that would meet this requirement. ExxonMobil will make every 

effort to comply with the deadline . However, our concern is availability of complying equipment 

as this single supplier will be providing fill adapters to dispensing facilities nationwide. If it 

becomes apparent there will be a shortage of complying equipment, will the Department be 

prepared to delay this deadline? ExxonMobil proposes that this requirement be subject to a 

provision to extend the deadline if a person submits a petition for an extension on the grounds 

that the required equipment is not available. 

Response: (A) The Department notes ExxonMobil's support of the proposed changes to 

subsection (c)(1) of section 30. 

(B) The Department normally provides one year, or less, lead time to comply with air quality 

regulations. This period of time is in addition to the approximately one-year period prior to rule 

27 
adoption, during which sources are made aware of the Department's intent through both formal 

and informal rule making notice and opportunity to comment. The Department should not adopt 

any extension provisions in this case as ExxonMobil has not submitted any information that 

would lead the Department to conclude that there is, in fact, any shortage of fill adapters or other 

necessary equipment. The Department anticipates and expects full compliance with its 

requirements in a timely fashion. 

8. Comments on subsection (e) Testing: 

A. In subdivision (1)(D) the Department proposes to require the owner or operator to perform 

"Any other related testing of flow prohibiting mechanisms at the gasoline dispenser." 

ExxonMobil comments that this broad requirement sets an unreachable standard for system 

testing. It fails the standard by which the regulated community can determine their compliance 

with the rule. ExxonMobil supports the Department in setting valid and definable test 

requirements. Proposed subparagraph (D) fails in that regard and should be deleted from the 

proposal. 

B. In subdivision (1)(E) the Department proposes testing of pressure-vacuum vent valves to a 

specific pressure . ExxonMobil is unaware of any reliable field test for these PN valves . In 

addition, the CARB test specification for this equipment is a leak rate at a given pressure, not 

equipment operation within a range of the designed pressure . The Department should review the 

CARB test procedures for pressure-vacuum vents and adopt similar procedures. 

C. In subdivision (3) the Department proposes to lengthen the required test notification time 

from four (4) days to seven (7) days. While this change may tend to provide the Department with 

added flexibility to monitor testing, it places more significant constraints on the regulated 

community. For example, if severe weather prohibits testing on the designated test date, is the 

tank system owner/operator then required to delay testing for another seven (7) days to meet the 

notification requirements? 

Response: (A) The Department does not consider the requirement concerning "any other related 

testing of flow prohibiting mechanisms at the gasoline dispenser" to be a new requirement. The 

wording to which the commenter refers already exists in section 30 and is merely being moved 

within subsection (e)(1) to enhance clarity for the reader . As the commenter has, heretofore, 

been able to comply with this requirement, the Department should not view this as an 

"unreachable standard for system testing" as suggested. The Department should also not make 

the suggested deletion as this comment is beyond the scope of the proposed rule . 

(B) The Department reviewed applicable CARB documents prior to proposing changes to 

section 30. The Department believes there are reliable field tests for P/V valves in use in other 

northeastern states that have adopted stage II vapor control programs. 

(C) The Department should not view the addition of 72 hours to the notification requirement as 

28 
a "significant constraint" on the regulated community as suggested by the commenter. Given 

that the Department's resources are limited and will continue to be so into the foreseeable future, 

the additional notification time is needed if the Department is to manage its workload efficiently. 

It is also important to note the Department's ability to view a test is independent of the source's 

duty to notify the Department. Thus, if extreme weather is forecast for a particular day, the 

source should reconsider scheduling on that day. 

9. Comments on subsection (g) Defective Equipment: 

Subdivision (3)(C) proposed in this section is a new and very general description of damage to a 

nozzle boot that would be considered a defect. This new language, "Any visible damage 

including, but not limited to a rip, tear or hole in the area of the check valve: . ." is so vague as to 

identify virtually any scuff or non-penetrating scrape as a defect . ExxonMobil suggests that the 

Department delete the words "any visible damage including but not limited to. ." . That would 

allow the Department to retain descriptive language of a defect that allows the regulated 

community to be able to understand exactly what constitutes a defect requiring 

repair/replacement of the dispensing nozzle . 

Response: The Department should clarify subsection (g)(3)(C) of section 30 to better describe 

the damage that would trigger the restrictions set forth in subsections (g)(1) or (g)(2) of section 

30. The Department should revise this provision to read as follows: 

(C) A nozzle boot which has any rip, tear or perforation in the area of the check valve; 

a triangular-shaped or similar tear one-half (1/2) inch or more to a side; a hole 

one-half (1/2) inch or more in diameter; or a slit one (1) inch or more in length ; 

The Department of Defense (DoD) provided the following comment on section 30 : 

10. Comment: DoD understands that the proposed amendment does not change the existing 

definition of "dispensing facility" in subsection (a)(3) of section 30, however, DoD is concerned 

that there may be contradictory interpretations of this definition, specifically regarding the 

definition of "site" as used in this subdivision. DoD requests clarification regarding 

Department's interpretation of "dispensing facility." 

Response: A dispensing facility, according to section 30, is any site where gasoline is 

transferred to motor vehicles from any stationary storage tank with a capacity greater than 250 

gallons. Applicability of section 30, in general, is triggered when monthly throughput at a 

dispensing facility equals or exceeds 10,000 gallons . A dispensing facility is generally viewed as 

an area source, a common example is a gasoline station. The Department recognizes, that in 

certain limited circumstances, a large premises or campus may have more than one gasoline 

dispensing facility. In such a case, each dispensing facility must exceed the applicable 

throughput trigger in order to be subject to section 30. 

29 
C. Specific Comments on the Adoption of Section 43 

EPA Region 1 provided the following comments on Section 43: 

1 . Comment: Subsection (a)(13) includes a definition of the term "product category." This term 

is defined as the applicable category that best describes the product with respect to a number of 

variables "as determined by the Commissioner." The definition as stated raises the issue of 

Commissioner's discretion. The term "product category," however, does not appear to be used in 

Connecticut's rule . Therefore, EPA recommends that this term be deleted. 

Response: The Department removed the term "product category" prior to issuing public notice 

for section 43 . The term is not used in the proposed rule. 

2. Comment: Subsection (c) contains a number of exemptions. All of these exemption 

provisions are currently stated as "this section shall not apply to [specified product] ." In some 

cases, the exemption is an outright exemption, i.e ., there are no requirements that apply for the 

specified product. In other cases, however, the product is being exempted from many of the 

rule's requirements but the manufacturer is still subject to record keeping provisions . Therefore, 

EPA recommends that the phrase "this section shall not apply to" be deleted from the beginning 

of each subdivision and that the following statement be added to the beginning of subection (c): 

"The following are exempt from the requirements of Connecticut's 22a-174-43, with the 

exception of the applicable recordkeeping requirements as noted below. " 

Response : As each subdivision within a subsection must be read on its own, the suggested 

change would not provide additional clarity. The Department should amend the title of 

subsection (c) to alert the reader that the subsection provides both full exemptions and limited 

exemptions. 

3. Comment: Subsection (c)(7) contains an exemption for products for which the NYSDEC has 

issued a variance for the period of time such variance is in effect, provided that the manufacturer 

submits all of the data required by 6 NYCRR 239-7 to the Commissioner within thirty days of 

variance approval. Variances issued pursuant to New York's rule would allow a delay in 

compliance but final compliance with the rule would still be required . Connecticut's subsection 

(c)(7) exemption raises the issue of commissioner's discretion . Allowing this exemption would 

be considered more reasonable if Connecticut's rule also included a date certain beyond which 

variances would no longer apply (i .e, final compliance with the rule must be achieved). 

Therefore, EPA recommends that subsection (c)(7) be revised to read as follows: 

".

. . any product for which the NYSDEC issued a variance for the period of time such 

variance is in effect, provided that the manufacturer submits. . . within thirty days of 

variance approval. In no case shall this exemption from Connecticut's 22a-174-43 

30 
extend beyond f datel . . ." 

Response: Subsection (c)(7) provides a limited exemption in the form of recognizing a variance 

issued by the NYSDEC only for the period of time that such variance would be in effect in New 

York. When the variance expires in New York, compliance is required in Connecticut. Thus, 

there is no need to insert a "drop dead" date as suggested as the New York issued variance will 

contain such a provision, and that provision will serve to limit the exemption provided by 

Connecticut. 

4. Comment: Subsection (c)(8) contains an exemption for manufacturers who are granted an 

exemption by CARB and NYSDEC pursuant to the innovative products provisions of these 

states' regulations . This exemption appears reasonable since the California and New York rules 

require that the manufacturer demonstrate that the use of the innovative product "will result in 

cumulative VOC emissions below the highest emitting representative spill-proof system or 

representative spill-proof spout in its product category as determined from applicable testing." 

The wording of Connecticut's subsection (c)(8), however, should be clarified. 

First, the provision states that the rule "shall not apply to any manufacturer" who is granted an 

innovative products exemption. This provision should instead state that the requirements do not 

apply "to any manufacturer for anYproduct that" has been granted an innovative products 

exemption. 

In addition, subsection (c)(8)(B) should be revised to state that the exemption applies "for the 

period of time the NYSDEC innovative products exemption remains in effect" as is stated in 

subsection (c)(8)(A) for the CARB innovative products exemption. 

Response: Based on EPA's comment, the Department should revise subsection (c)(8) to read as 

follows: 

(8) This section shall not apply to any product for which the manufacturer is granted: 

(A) An exemption by CARB. . . ; or 

(B) An exemption by the NYSDEC pursuant to the Innovative Products 

provisions of 6 NYCRR 239-5 for the period of time the NYSDEC 

innovative products exemption remains in effect. 

` 5. Comment: Subsection (c)(10) contains a placeholder for a military exemption. The specific 

details of this exemption are not included, and it is not clear why such an exemption would be 

needed. There is no military exemption included in the OTC model rule or in the portable fuel 

container rules adopted by several other OTC states such as New York, Delaware, and Maine. 

Response: Subsection (c)(10) was included in the proposed rule to generate comment as to 

31 
whether such an exemption is needed. The Department did not receive any comments regarding 

the proposed exemption. As such, the Department should delete subsection (c)(10) from the final 

proposed rule. 

6. Comment: Subsection (d)(2)(D)(i)(bb) should be revised as follows: 

"greater than one and one half (1 .5) gallons, but less than or equal to two and one-half 

(2.5) gallons, filling to a level less than or equal to one (1) inch below the top of the target 

fuel tank opening if the spill-proof system clearly displays the phrase "LOW FLOW 

RATE" in beM type of thirty-four (34) point or greater on each spill-proof system . . . ." 

EPA recommends that the requirement for bold type be deleted for consistency with rules in 

neighboring states . In addition, subsection (d)(4)(C)(i)(bb) should also be similarly revised. 

Response : In order to be consistent with the portable fuel container rules adopted in neighboring 

states, the Department should make the change suggested by EPA. 

7. Comment: Section (e)(1)(B) requires that the portable fuel container display "a date of 

manufacture or a representative date." It is not clear what is meant by "a representative date." 

EPA recommends that this provision be revised to instead reference a "a date of manufacture or a 

representative code identif3dng the date of manufacture." Section (e)(2)(B) should also be 

similarly amended. 

In addition, Section (e)(3) could be clarified by amending the provision to require that the 

manufacturer file "an explanation of the representative codes referenced in Sections (e)(1)(B) and 

(C) and/or Sections (e)(2)(B) and (C) as applicable, with the commissioner. . ." 

Response: The term "representative date" is intended to provide flexibility to the manufacturer 

when providing a date of manufacture for inclusion on compliant portable fuel containers. As no 

other state has adopted a requirement that a "code identifying the date of manufacture" be made 

and the prior comment suggested that Connecticut's portable fuel container rule should be 

consistent with those adopted by neighboring states, the Department should not make the 

suggested change. 

8. Comment: Section (e)(5) should state where the specified information should be displayed. 

Therefore, this section should be revised to read as follows : 

"Each manufacturer subject to subdivision (2) of this subsection shall clearly display, on 

the accompanying-package or for spill-proof spouts sold without packaging, on either the 

spill-proof spout or a label fixed thereto, the make, model number and size of each 

portable fuel container the spout is designed to accommodate, provided the identified 

combinations of container and spout shall comply with all applicable provisions of this 

section." 

32 
Response: The Department should make the change suggested by EPA to subsection (e)(5) as it 

will clarify where the specified information should be displayed. 

9. Comment: EPA requests Connecticut amend subsections (f)(1), (f)(4), and (c)(9) to state that 

tests shall be conducted, and records shall be made available, when requested by the 

commissioner and/or EPA. 

Response. The Department should not make the suggested change because EPA has 

independent federal authority to require the tests set forth in subsections (f)(1), (f)(4) and (c)(9) 

of section 43 . 

10. Comment: It is EPA's understanding that Connecticut intends to claim emission reduction 

credit from the portable fuel container rule to help with the State's one hour ozone attainment 

shortfall. To claim this credit, Connecticut needs to ensure that the underlying emissions are 

accurately reported in the State's emissions inventory, as noted below. 

Information contained in Pechan's March 31, 2001 document entitled, "Control Measure 

Development Support Analysis of Ozone Transport Commission Model Rules" indicates that 

about 70 percent of the underlying portable container VOC emissions are not currently reported 

in most state emission inventories. The Pechan report indicates that emission estimates for this 

activity come from five different modes, only two of which, equipment-filling spillage and vapor 

displacement, are included in the EPA's non-road model. (See discussion on pages 11 and 12 of 

the Pechan document.) The other three ways that emissions occur are via diurnal, permeation 

and transport spillage activity, and together these three modes represent about 70 percent of the 

baseline emissions. (See Table II-2 on page 11 of the Pechan report .) Emissions from these 

three modes are not currently inventoried by states, but Appendix A of Pechan's report provides a 

methodology developed by CARB to do so. 

Furthermore, the Pechan report estimates that a portable fuel container rule in Connecticut would 

achieve a VOC reduction of 3 tpsd in 2005, and 5 tpsd in 2007. However, this estimate assumes 

that the rule applies to the sale or manufacture of containers on or after January 1, 2003, with a 

one-year sell through period for containers manufactured prior to January 1, 2003 . Connecticut's 

draft rule, however, contains a later compliance date of May 1, 2004, with a one-year sell through 

period . Therefore, there will be proportionally less sales and turnover of the existing fuel 

containers, and less emission reductions, by 2007 than the Pechan report estimate . If Connecticut 

wants to achieve more of the estimated reductions, the State needs to implement a strategy that 

would accelerate the turnover of portable fuel containers. Some of the possible mechanisms for 

accomplishing this are: 

(1) to make use of the new portable fuel containers mandatory for certain commercial 

entities, such as any, or all, of the following: facilities required to have a Title V permit, 

facilities required to submit emissions statements, service stations, automotive repair 

33 
shops, farms, and landscapers; and/or 

(2) to have a gas can buyback program for consumers. For example, Pennsylvania has 

conducted such a program. See 

http ://www.dep.state .pa.us/dep/deputate/airwaste/aq/gascan/gascan .htm 

If option 1 is chosen, Connecticut will need to make the appropriate revisions to its draft portable 

fuel container rule. EPA provided suggested regulatory language in their comment. 

Response : The Department should adjust its emissions inventory to reflect portable fuel 

container emissions not currently accounted for in the emissions inventory. The Department 

recognizes the delayed effective date of section 43 will reduce the amount of creditable emission 

reductions that maybe claimed in 2007. In accordance with the Department's response to EPA's 

general comment, the Department should state the expected emission reductions from each rule 

being used to meet the shortfall and any assumptions that were made in calculating emission 

reductions in order to demonstrate that the combined reduction from the two rules, in addition 

with other previously adopted control measures, is equivalent to, or greater than, the identified 

shortfall (5 .4 tpsd for VOC and 0.5 tpsd for NOx. At this point, the Department believes the 

suite of reduction strategies to be identified in the air quality SIP revision, including both section 

30 and section 43, are sufficient to meet the shortfall without adopting the enhancements 

suggested in this comment. As such, the Department should not adopt the suggested revisions to 

section 43 at this time. 

DoD provided the following comments on section 43: 

11 . Comment: DoD requests clarification regarding the applicability of proposed section 43 . 

DoD does not believe the intent of this new regulation is to regulate the type of suppliers who 

supply portable fuel containers to DoD and recommends the term "person" in subsection (b), 

(d)(1) and (d)(3) be changed to "manufacturer or distributor." 

Response: The Department should not make the requested clarification as DoD may be 

misinterpreting the applicability provisions of section 43 . There are two applicability triggers in 

Section 43. First, the rule applies to a person who sells, supplies, offers for sale or manufactures 

portable fuel containers . Second, the portable fuel containers must be delivered for sale in the 

State of Connecticut. For, example, if DoD sells portable fuel containers to base personnel from 

the base commissary, then such containers must comply with the provisions of section 43. The 

commenter did not provide sufficient information for the Department to determine whether 

portable fuel containers "supplied" by DoD to the Naval Submarine base in Groton, Connecticut, 

would trigger applicability of section 43 on the manufacturer . It is important to note that the term 

"manufacturer" also includes "importers ." Thus, the change requested by DoD would not, by 

itself, preclude applicability of section 43. 

12. Comment: DoD requests clarification whether section 43 applies to any user who purchases 

34 
a portable fuel container or spout from an out-of-state manufacturer or distributor. 

Response: If a portable fuel container is purchased from an out-of-state manufacturer for resale 

in the State of Connecticut, the purchaser is, in fact, an importer falling within the definition of 

"manufacturer." Thus, the provisions of section 43 would apply to any portable fuel containers 

purchased for subsequent resale in Connecticut. It should be noted that Congress, in 42 U.S .C . 

§7418, clearly states that federal facilities are expected to comply with "all Federal, State, 

interstate, and local requirements, administrative authority . . . respecting the control and 

abatement of air pollution in the same manner, and to the same extent as any nongovernmental 

entity." The Department has determined that portable fuel containers of the size specified in 

section 43 are a significant source of VOC emissions that must be controlled in order for the 

State of Connecticut to attain and maintain the 1-hour national ambient air quality standard for 

ground level ozone. As such, if it is determined that DoD is subject to the provisions of section 

43, the Department would anticipate and expect full compliance. 

V11. Additional Comments of the Hearing Officer 

The Department should make the following technical/grammatical corrections to the proposed 

regulations: 

A. Section 30 

l . In subsection (c)(7), insert a hyphen within the word "TWO POINT" as follows : 

"(7) TWO-POINT STAGE I VAPOR RECOVERY SYSTEMS. . ." 

2. In subsection (d)(1), delete an additional comma on line 7 in between the words 

"installer" and "in." Also in subsection (d)(1), change the word "NEED" on line 16 to 

"MUST." 

3 . In subsection (d)(1), "[subdivision (b)(1), (b)(2), (b)(3) or (b)(4)] SUBSECTION (b) 

OF THIS SECTION" should be changed to "[subdivision] SUBSECTION (b)(1), (b)(2), 

(b)(3) or (b)(4) OF THIS SUBSECTION." 

4. In subsection (d)(3)(C), delete the word "OR" from in between the word "Department" 

and the bracketed phrase "[to whom]" on line 2. 

5. In subsection (e)(1), "[subdivision (b)(1), (b)(2), (b)(3) or (b)(4)] SUBSECTION (b) 

OF THIS SECTION" should be changed to "[subdivision] SUBSECTION (b)(1), (b)(2), 

(b)(3) or (b)(4) OF THIS SUBSECTION." 

6. In subsection (e)(4) insert a comma on line 2 in between the word "subsection" and 

35 
the phrase "THE STAGE II VAPOR RECOVERY SYSTEM." 

7 . In subsection (f)(1), "[subdivision (b)(1), (b)(2), (b)(3) or (b)(4)] SUBSECTION (b) 

OF THIS SECTION" should be changed to "[subdivision] SUBSECTION (b)(1), (b)(2), 

(b)(3) or (b)(4) OF THIS SUBSECTION." 

B. Section 43 

1 . In subsection (a)(17), amend the definition of the term "spout" as follows: 

"(17) "Spout" means any device that can be firmly attached to a portable fuel 

container for dispensing ^era"" eti g pouri ng through whie '~ the contents of a 

portable fuel container. ean be dispensed-. 

2 . In subsection (d)(2)(D)(i)(bb) delete the word "or" at the end of the subclause. 

3. In subsection (d)(4)(C)(i)(bb) delete the word "or" at the end of the subclause. 

V111. Final Text of Proposed Regulations 

A. Section 22a-174-30 of the Regulations of Connecticut State Agencies is amended to read 

as follows: 

Section 22a-174-30 . Dispensing of [Gasoline/Stage II] 

GASOLINE/STAGE I AND STAGE II Vapor Recovery . 

(a) Definitions . 

For the purposes of this section : 

(1) "CARB" means the State of California Air Resources Board . 

[(2) "Commissioner" means the Commissioner of the Department of 

Environmental Protection .] 

[(3) "Department" means the Department of Environmental 

Protection .] 

(2) "CARB-CERTIFIED FILL ADAPTER" MEANS A SPECIALIZED FITTING ON A 

STATIONARY GASOLINE STORAGE TANK THAT PREVENTS THE LOOSENING OR 

OVERTIGHTENING OF THE CONNECTING LINE BETWEEN AN ENTRY PORT OF A 

GASOLINE FILL PIPE AND THE FILL LINE FROM A GASOLINE DELIVERY 

VEHICLE . 

[(4)](3) "Dispensing facility" means any site where gasoline is 

36 
transferred to motor vehicles from any stationary storage tank with 

a capacity of 250 gallons or more . 

[(5) "EPA" means the United States Environmental Protection 

Agency .] 

[(6)](4) "Gasoline" means any petroleum distillate or blend of 

petroleum distillate and alcohol having a reid vapor pressure of 

four pounds per square inch or greater and used as a fuel for 

internal combustion engines . 

(5) "MAJOR SYSTEM MODIFICATION" MEANS, NOTWITHSTANDING ANY 

DEFINITION IN SECTION 22a-174-1 OF THE REGULATIONS OF CONNECTICUT 

STATE AGENCIES : 

(A) THE REPAIR OR REPLACEMENT OF ANY STATIONARY STORAGE TANK 

EQUIPPED WITH A STAGE II VAPOR RECOVERY SYSTEM ; 

(B) THE REPAIR OR REPLACEMENT OF ANY PART OF AN UNDERGROUND 

PIPING SYSTEM ATTACHED TO A STATIONARY STORAGE TANK 

EQUIPPED WITH A STAGE II VAPOR RECOVERY SYSTEM, EXCLUDING 

THE REPAIR OR REPLACEMENT OF ANY PART OF AN UNDERGROUND 

PIPING SYSTEM THAT IS ACCESSIBLE FOR SUCH REPAIR OR 

REPLACEMENT WITHOUT EXCAVATION ; 

(C) THE REPLACEMENT OF A VAPOR BALANCE STAGE II VAPOR RECOVERY 

SYSTEM WITH A VACUUM ASSIST STAGE II VAPOR RECOVERY 

SYSTEM ; OR 

(D) THE REPLACEMENT OF A VACUUM ASSIST STAGE II VAPOR RECOVERY 

SYSTEM WITH A VAPOR BALANCE STAGE II VAPOR RECOVERY 

SYSTEM . 

(6) "OWNER OR OPERATOR" MEANS ANY PERSON WHO OWNS, LEASES, OPERATES 

OR CONTROLS A DISPENSING FACILITY SUBJECT TO THIS SECTION . 

[(8)](7) "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 (ASTM) method [D323-89] D5191-01 . 

(8) "STAGE I VAPOR RECOVERY SYSTEM" MEANS A VAPOR RECOVERY SYSTEM 

THAT PREVENTS THE DISCHARGE TO THE ATMOSHPHERE OF GASOLINE VAPORS 

WHILE GASOLINE IS TRANSFERRED BETWEEN A DELIVERY VEHICLE AND A 

DISPENSING FACILITY IN ACCORDANCE WITH THE PROVISIONS OF SECTION 

22a-174-20(a) OF THE REGULATIONS OF CONNECTICUT STATE AGENCIES . 

(9) "Stage II vapor recovery system" OR "SYSTEM" means a vapor 

recovery system [which] THAT prevents THE discharge to the 

atmosphere of at least ninety-five percent (950) by weight of 

37 
gasoline vapors displaced during the dispensing of gasoline into a 

motor vehicle fuel tank . 

(10) "Throughput" means the number of gallons of gasoline delivered 

into motor vehicles through all equipment at a dispensing facility 

over a specified period of time . 

(11) "TWO-POINT STAGE I VAPOR RECOVERY SYSTEM" MEANS A STATIONARY 

STORAGE TANK POSSESSING AN ENTRY PORT FOR A GASOLINE FILL PIPE AND 

AN EXIT PORT FOR A VAPOR CONNECTION THAT SEALS WHEN THE VAPOR RETURN 

CONNECTION IS DISCONNECTED IN A MANNER THAT WILL PREVENT THE 

DISCHARGE OF GASOLINE VAPORS TO THE ATMOSHPERE . 

(12) "VACUUM ASSIST STAGE II VAPOR RECOVERY SYSTEM" MEANS A STAGE 

II VAPOR RECOVERY SYSTEM THAT USES A VACUUM-GENERATING DEVICE TO 

DRAW GASOLINE VAPORS FROM A MOTOR VEHICLE'S GASOLINE FUEL TANK 

DURING THE DISPENSING OF GASOLINE INTO SUCH TANK . 

(b) Regulated dispensing facilities . 

(1) On or after November 30, 1992, any [person who owns, leases, 

operates or controls] OWNER OR OPERATOR OF a dispensing facility 

shall install a Stage II vapor recovery system if such facility 

begins actual construction of a stationary storage tank of any size 

and such facility has a throughput of ten thousand (10,000) gallons 

or more during any calendar month . No such person shall transfer or 

allow the transfer of gasoline into a motor vehicle fuel tank at 

such facility on or after November 30, 1992 unless a properly 

operating Stage II vapor recovery system is used for such transfer . 

(2) After May 15, 1993, no [person who owns, leases, operates or 

controls] OWNER OR OPERATOR OF a dispensing facility for which 

construction commenced between November 15, 1990 and November 30, 

1992 and which has a throughput of ten thousand (10,000) gallons or 

more during any calendar month shall transfer or allow the transfer 

of gasoline into a motor vehicle fuel tank at such dispensing 

facility unless a properly operating Stage II vapor recovery system 

is used for such transfer . 

(3) After November 15, 1993, no [person who owns, leases, operates 

or controls] OWNER OR OPERATOR OF a dispensing facility which 

existed, or for which construction commenced, on or before November 

15, 1990 and which has a monthly throughput of one hundred thousand 

(100,000) gallons or more shall transfer or allow the transfer of 

gasoline into a motor vehicle fuel tank at such dispensing facility 

unless a properly operating Stage II vapor recovery system is used 

for such transfer . Such monthly throughput shall be calculated based 

on the highest throughput in a calendar month during the two year 

period between November 30, 1990 and November 30, 1992 . If such a 

38 
dispensing facility was inactive for any period during the [two 

year] TWO-YEAR period, such period shall be extended to include a 

total of [twenty four] TWENTY-FOUR months of activity . 

(4) After November 15, 1994, no [person who owns, leases, operates 

or controls] OWNER OR OPERATOR OF a dispensing facility which 

existed or for which construction commenced on or before November 

15, 1990 and which has a throughput of ten thousand (10,000) gallons 

or more during any calendar month after November 30, 1992 shall 

transfer or allow the transfer of gasoline into a motor vehicle fuel 

tank at such dispensing facility unless a properly operating Stage 

II vapor recovery system is used for such transfer . 

(5) After a dispensing facility becomes subject to subdivision 

[(b)1(1), [(b)1(2), [(b)1(3) or [(b)1(4) OF THIS SUBSECTION, the 

requirements of such subdivision shall always apply to such 

dispensing facility . 

(6) Any [person who owns, leases, operates or controls] OWNER OR 

OPERATOR OF a dispensing facility which is not subject to 

subdivision [(b)](1), [(b)](2), [(b)](3) or [(b)](4) OF THIS 

SUBSECTION shall maintain at such dispensing facility records of 

monthly throughput which demonstrate such a dispensing facility is 

not subject to subdivision [ (b) ] (1) , [ (b) ] (2) , [ (b) ] (3) or [ (b) ] (4) 

OF THIS SUBSECTION . Such records shall be kept for five (5) years 

and shall be made available for inspection by a representative of 

the Department or EPA. 

(c) Equipment specifications . 

(1) No person shall install a Stage II vapor recovery system at a 

dispensing facility unless : 

(A) [such] SUCH system IS OR has EVER been tested and 

approved by CARD [on or before November 1, 1992] ; or 

(B) [such] SUCH system IS OR has EVER been tested and 

approved by another state [on or before November 1, 1992] 

using testing methods approved by CARD ; and 

(C) [such] SUCH system UTILIZES only [has hoses which are] 

coaxial hoses . 

(2) No person shall replace any part of a Stage II vapor recovery 

system with a new or rebuilt part unless such new or rebuilt part 

[was] IS OR HAS EVER BEEN approved for installation in such Stage II 

vapor recovery system [on or before November 1, 1992] either by CARD 

or by another state using testing methods approved by CARD . 

39 
(3) No person shall modify, remove, replace, add or otherwise render 

inoperative any part of a Stage II vapor recovery system [so as to 

render] IN SUCH A WAY THAT the system [to be] BECOMES incapable of 

preventing discharge to the atmosphere of at least ninety-five 

percent (95%) by weight of gasoline vapors displaced during the 

dispensing of gasoline . 

(4) Each Stage II vapor recovery system shall conform to the 

APPLICABLE specifications of the National Fire Protection 

Association Automobile and Marine Service Station Code [NFPA 30A as 

adopted] SET FORTH in section [29-320-2] 29-320-3a of the 

Regulations of Connecticut State Agencies . 

(5) Any [person who owns, leases, operates or controls] OWNER OR 

OPERATOR OF a dispensing facility subject to [subdivision (b)(1), 

(b)(2), (b)(3) or (b)(4)] SUBSECTION (b) OF THIS SECTION shall 

install and maintain the Stage II vapor recovery system in a manner 

such that the dispensing facility complies with the provisions of 

[section] SECTIONS 22a-449(d)-1 and [sections] 22a-449(d)-101 

through [22a-449(d)-110] 22a-449(d)-113 of the Regulations of 

Connecticut State Agencies[, as amended] . 

(6) UNLESS OTHERWISE SPECIFIED IN AN APPLICABLE CARD CERTIFICATION, 

ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION, NO OWNER OR 

OPERATOR OF A DISPENSING FACILITY SUBJECT TO SUBSECTION (b) OF THIS 

SECTION SHALL TRANSFER OR ALLOW THE TRANSFER OF GASOLINE BETWEEN A 

DELIVERY VEHICLE AND A STATIONARY STORAGE TANK AT SUCH FACILITY 

UNLESS EACH STATIONARY STORAGE TANK IS EQUIPPED WITH : 

(A) A CARB-CERTIFIED FILL ADAPTER; AND 

(B) A PRESSURE-VACUUM VENT VALVE WITH A RELIEF SETTING OF 

THREE (3), PLUS OR MINUS ONE-HALF (0 .5) INCH OF WATER 

COLUMN PRESSURE AND EIGHT (8), PLUS OR MINUS TWO (2 .0) 

INCHES OF WATER COLUMN VACUUM . 

(7) TWO-POINT STAGE I VAPOR RECOVERY SYSTEMS SHALL BE INSTALLED : 

(A) BY AN OWNER OR OPERATOR OF ANY STATIONARY STORAGE TANK 

WITH AN AVAILABLE PORT ONE YEAR AFTER THE EFFECTIVE DATE 

OF THIS SECTION; AND 

(B) BY AN OWNER OR OPERATOR OF ANY STATIONARY STORAGE TANK 

THAT DOES NOT HAVE AN AVAILABLE PORT AT SUCH TIME THE 

STATIONARY STORAGE TANK IS REPLACED OR AT SUCH TIME THE 

PRODUCT IN THE TANK IS SWITCHED FROM ANY OTHER FUEL TO 

GASOLINE . 

(d) Training, maintenance, and labeling . 

40 
(1) Any [person who owns, leases, operates or controls] OWNER OR 

OPERATOR OF a dispensing facility subject to [subdivision] 

SUBSECTION (b)(1), (b)(2), (b) (3) or (b) (4) OF THIS SECTION shall 

require THAT at least one representative of such dispensing facility 

[to attend] ATTENDS and successfully [complete] COMPLETES a training 

session[,] provided by [an] A STAGE II equipment manufacturer, 

supplier, distributor or installer[,] in the operation and 

maintenance of the Stage II vapor recovery system USED AT THE 

FACILITY WHERE SUCH REPRESENTATIVE IS EMPLOYED . [Any person who 

owns, leases, operates or controls more than one dispensing facility 

subject to this subdivision may have a trained representative who is 

responsible for more than one such facility . Such representative] 

IF AN OWNER OR OPERATOR OWNS OR OPERATES MORE THAN ONE DISPENSING 

FACILITY THAT UTILIZES THE SAME TYPE OF STAGE II VAPOR RECOVERY 

SYSTEM, ONLY ONE REPRESENTATIVE FROM ONE OF THE DISPENSING 

FACILITIES MUST BE TRAINED IN ACCORDANCE WITH THIS SUBSECTION . 

TRAINING shall BE successfully [complete the training] COMPLETED no 

later than three (3) months after commencement of operation of the 

dispensing facility's Stage II vapor recovery system, OR, IF A 

REPRESENTATIVE IS RESPONSIBLE FOR MORE THAN ONE FACILITY THAT 

UTILIZES THE SAME TYPE OF STAGE II VAPOR RECOVERY SYSTEM, SUCH 

TRAINING SHALL SUCCESSFULLY BE COMPLETED NO LATER THAN THREE (3) 

MONTHS AFTER THE FIRST INSTALLATION OF SUCH STAGE II VAPOR RECOVERY 

SYSTEM . If the representative who received the training is no 

longer employed at that dispensing facility, another representative 

of such dispensing facility shall attend and successfully complete 

the training within three (3) months of the departure of such 

representative who had previously received the training . Training 

shall include the following areas : 

(A) Purposes and effects of the Stage II vapor recovery 

system ; 

(B) Operation of the [equipment in the] dispensing facility's 

Stage II vapor recovery system ; 

(C) Maintenance schedules for the dispensing facility's 

[equipment] STAGE II VAPOR RECOVERY SYSTEM ; 

(D) Manufacturer's warranties for the DISPENSING FACILITY'S 

Stage II vapor recovery system ; and 

(E) Equipment manufacturer contacts (names, addresses, and 

phone numbers) for parts and service NECESSARY FOR THE 

PROPER OPERATION OF THE DISPENSING FACILITY'S STAGE II 

VAPOR RECOVERY SYSTEM . 

(2) Any [person who owns, leases, operates or controls] OWNER OR 

OPERATOR OF a dispensing facility subject to [subdivision (b)(1), 

41 
(b)(2), (b)(3) or (b)(4)] SUBSECTION (b) OF THIS SECTION shall 

maintain the Stage II vapor recovery system in accordance with 

specifications THAT ARE OR HAVE EVER BEEN approved by CARB [on or 

before November 1, 1992] . 

(3) Any [person who owns, leases, operates or controls] OWNER OR 

OPERATOR OF a dispensing facility subject to [subdivision (b)(1), 

(b)(2), (b)(3) or (b)(4)] SUBSECTION (b) OF THIS SECTION shall post, 

CONSPICUOUSLY on the upper two-thirds of each gasoline dispenser, 

operating instructions for dispensing gasoline using the Stage II 

vapor recovery system . [Such instructions shall be located 

conspicuously .] Such instructions shall include, at a minimum, the 

following : 

(A) A clear description of how to correctly dispense gasoline 

using the Stage II vapor recovery system ; 

(B) A warning not to attempt to continue dispensing gasoline 

after automatic shutoff of the nozzle ; and 

(C) [the telephone number of a] A TELEPHONE NUMBER, 1-800-

249-1234, TO contact [at] the Department [to whom] to 

report problems experienced with the Stage II vapor 

recovery system . 

(e) Testing . 

(1) [Before commencing operation of a Stage II vapor recovery 

system,] THE OWNER OR OPERATOR OF a dispensing facility subject to 

[subdivision] SUBSECTION (b)(1), (b)(2), (b) (3) or (b) (4) OF THIS 

SECTION shall conduct AN INITIAL PERFORMANCE TEST PRIOR TO 

DISPENSING ANY GASOLINE INTO A MOTOR VEHICLE FUEL TANK [testing] to 

verify that [such] THE STAGE II VAPOR RECOVERY system has been 

properly installed and is functioning properly . [Such tests shall 

include liquid blockage testing, leak check testing, and all other 

related tests for automatic shutoff mechanisms and flow prohibiting 

mechanisms at the gasoline dispensers .] Such tests shall be 

conducted in accordance with the test procedures in the EPA document 

"Stage II Vapor Recovery Systems for Control of Vehicle Refueling 

Emissions at Gasoline Dispensing Facilities", Vol- II (EPA-450/3-91-

022b) [ . ] AND SHALL ALSO INCLUDE : 

(A) LIQUID BLOCKAGE TESTING; 

(B) PRESSURE DECAY/LEAK CHECK TESTING, EXCEPT THAT THE AMOCO 

V-1 PHASE II VAPOR RECOVERY SYSTEM APPROVED PURSUANT TO 

CARB EXECUTIVE ORDER G-70-118-AB SHALL BE TESTED USING 

THE CARB-APPROVED PRESSURE DECAY/LEAK CHECK TEST METHODS 

SET FORTH IN TP-201 .3A, "DETERMINATION OF 5 INCH WC 

42 
STATIC PRESSURE PERFORMANCE OF VAPOR RECOVERY SYSTEMS OF 

DISPENSING FACILITIES ;" 

(C) AUTOMATIC SHUTOFF MECHANISM TESTING IN ACCORDANCE WITH 

TEST PROCEDURES SET FORTH IN CARB EXAMINATION PROCEDURES 

OUTLINE 26-F-1, "VAPOR RECOVERY SYSTEMS FIELD COMPLIANCE 

TESTING PROCEDURES ;" 

(D) ANY OTHER RELATED TESTING OF FLOW PROHIBITING MECHANISMS 

AT THE GASOLINE DISPENSER; 

(E) PRESSURE-VACUUM VENT VALVE TESTING TO VERIFY OPERATION 

WITHIN 0 .29 OUNCES PER SQUARE INCH OR 0 .5 INCHES WATER 

COLUMN OF THE DESIGNED PRESSURE AND WITHIN 1 .2 OUNCES PER 

SQUARE INCH OR 2 INCHES WATER COLUMN OF THE VACUUM 

SETTINGS ; AND 

(F) VACUUM ASSIST STAGE II VAPOR RECOVERY SYSTEM TESTING 

USING THE CARB AIR-TO-LIQUID VOLUME RATIO TEST PROCEDURE 

SET FORTH IN TP-201 .5 . 

(2) At least every [five] THREE years or upon major system 

modification, whichever occurs first, [a person who owns, leases, 

operates or controls] AN OWNER OR OPERATOR OF a dispensing facility 

shall conduct testing to verify that the Stage II vapor recovery 

system is operating properly . Such testing shall include a leak 

check test and any and all other functional tests that were required 

by subdivision [(e)](1) OF THIS SUBSECTION . MINOR EXCAVATION 

CONDUCTED SOLELY FOR THE PURPOSE OF COMPLYING WITH THE REQUIREMENTS 

OF SUBSECTIONS (c)(6) AND (c)(7) SHALL NOT, BY ITSELF, TRIGGER THE 

REQUIREMENT TO TEST PURSUANT TO THIS SUBDIVISION . [For the purposes 

of this section, a major system modification shall be defined as : 

(A) the repair or replacement of any stationary storage tank 

equipped with a Stage II vapor recovery system; 

(B) the repair or replacement of any part of an underground 

piping system attached to a stationary storage tank 

equipped with a Stage II vapor recovery system, excluding 

the repair or replacement of any part of an underground 

piping system which is accessible for such repair or 

replacement without excavation ; 

(C) a change from a vapor balance Stage II vapor recovery 

system to a vacuum assist Stage II vapor recovery system ; 

or 

(D) a change from a vacuum assist Stage II vapor recovery 

system to a vapor balance Stage II vapor recovery 

system .] 

43 
(3) Before a person [other than a representative of the Department] 

conducts [testing] A TEST pursuant to [subdivision (e)(1) or (e)(2)] 

THIS SUBSECTION, the [person who owns, leases, operates or controls] 

OWNER OR OPERATOR OF the dispensing facility shall notify the 

Department's Bureau of Air Management at least [four (4) business] 

SEVEN (7) days in advance of such testing . Such notification shall 

include the date, time[,] and location of the [test] TEST(S), and 

the name and address of the person conducting the [test] TEST(S) . 

THE OWNER OR OPERATOR IS NOT REQUIRED TO SUBMIT SUCH NOTICE IF A 

REPRESENTATIVE OF THE DEPARTMENT WILL CONDUCT SUCH TEST . 

(4) [Any] IF ANY Stage II vapor recovery system [which] does not 

pass any test required by this subsection, THE STAGE II VAPOR 

RECOVERY SYSTEM shall [not] be considered [properly operating for 

the purposes of subsection (b) of this regulation] TO NOT BE 

OPERATING PROPERLY . 

(f) Record keeping requirements . 

(1) Any OWNER OR OPERATOR OF a dispensing facility subject to 

[subdivision] SUBSECTION (b)(1), (b)(2), (b)(3) or (b)(4) OF THIS 

SECTION shall maintain, in a location in the State of Connecticut, 

the following records : 

(A) All licenses, as thatiterm is defined in section 4-166 of 

the CONNECTICUT General Statutes, to construct or operate 

the dispensing facility or to construct or operate a 

specific system at the dispensing facility ; 

(B) ALL RECORDS [Records] and results of tests performed 

pursuant to [subdivisions (e)] (1) and (e) (2)] 

SUBSECTION (e) OF THIS SECTION, including the date of the 

testing and the names, addresses, and phone numbers of 

the persons who [installed and tested such Stage II vapor 

recovery system] PERFORMED THE TESTS ; 

(C) A record of any maintenance or repair conducted on any 

part of the Stage II vapor recovery system, including a 

description of the maintenance problem, identification of 

any part or parts repaired or replaced on such Stage II 

vapor recovery system, the date such part or parts were 

repaired or replaced, and a general description of the 

location of the part or parts in the system including the 

number of the gasoline dispenser ; 

(D) Proof [of completion by] THAT a current representative of 

the dispensing facility RECEIVED [of] training pursuant 

to [subdivision (d)] SUBSECTION (d) OF THIS SECTION; 

44 
(E) A chronological file of all inspection reports of the 

dispensing facility issued by a representative of the 

Department, THE DEPARTMENT OF CONSUMER PROTECTION or EPA; 

and 

(F) A chronological file of all compliance records, including 

orders, warnings and notices of violations, issued by a 

representative of the Department, THE DEPARTMENT OF 

CONSUMER PROTECTION or EPA. 

(2) [Such records] RECORDS REQUIRED BY THIS SUBSECTION shall be 

made available for inspection AND COPYING by a representative of the 

Department, [or] EPA OR THE DEPARTMENT OF CONSUMER PROTECTION . [The 

inspection reports file shall be maintained separately from the 

compliance records file .] 

(3) [Such records] RECORDS shall be maintained for [not less than] 

five (5) years FROM THE DATE OF CREATION . 

(4) AN OWNER OR OPERATOR SHALL DISPLAY IN A CONSPICUOUS LOCATION AT 

THE DISPENSING FACILITY THE ADDRESS IN THE STATE OF CONNECTICUT AT 

WHICH THE RECORDS REQUIRED BY SUBDIVISION (1) OF THIS SUBSECTION ARE 

MAINTAINED . 

(g) Defective equipment . 

(1) Any [part of a] Stage II vapor recovery system having a defect, 

as defined by subdivision [(g)](3) OF THIS SUBSECTION, shall be 

immediately tagged "out of order" by the [person who owns, leases, 

operates or controls] OWNER OR OPERATOR OF the dispensing facility . 

(2) [Any person who owns, leases, operates or controls] AN OWNER OR 

OPERATOR OF a dispensing facility shall not allow the use of [any 

part of] a Stage II vapor recovery system which has been tagged "out 

of order" until such [part] SYSTEM has been repaired or replaced . 

(3) For the purposes of subdivisions [(g)](1) and [(g)](2) OF THIS 

SUBSECTION, a defect in a Stage II vapor recovery system shall 

include, BUT SHALL NOT BE LIMITED TO : 

(A) Absence or disconnection of any part required to be used 

in such Stage II [Vapor] VAPOR recovery [systems] SYSTEM ; 

(B) A vapor RECOVERY hose which is crimped [or]_, flattened OR 

OTHERWISE IMPAIRED_, such that the vapor passage is 

blocked, or when [the] A pressure drop through the vapor 

RECOVERY hose THAT exceeds by a factor of two (2) or more 

the CARB SPECIFICATIONS [requirements] for such Stage II 

45 
vapor recovery system ; 

(C) A nozzle boot which has ANY RIP, TEAR OR PERFORATION IN 

THE AREA OF THE CHECK VALVE ; a triangular-shaped or 

similar tear ONE-HALF (1/2) inch or more to a side ; a 

hole ONE-HALF (1/2) inch or more in diameter ; or a slit 

ONE (1) inch or more in length ; 

(D) Balance nozzles and nozzles for aspirator and educator 

assist-type systems which are damaged such that the 

capability to achieve a seal with a fill pipe interface 

is affected for [1/4] ONE-QUARTER of the circumference of 

the faceplate (accumulated) ; 

(E) ) Nozzles for vacuum [assist-type] ASSIST systems which are 

damaged such that [more than 1/4 of the flexible cone is 

missing ;] AN AREA OF THE VAPOR GUARD EQUAL TO OR GREATER 

THAN ONE-HALF (0 .5) INCH IN AREA IS MISSING; 

(F) A nozzle shutoff mechanism [which] THAT malfunctions in 

any manner ; 

(G) A vapor return line, including such parts as swivels, 

anti-recirculation valves and underground piping, which 

malfunctions or is blocked or restricted such that the 

pressure drop through the line exceeds by a factor of two 

or more the requirements for such Stage II vapor recovery 

system ; 

(H) A vapor processing unit which is inoperative ; 

(I) A vacuum producing device which is inoperative ; or 

(J) A pressure/vacuum relief valve, vapor check valve, or dry 

break which is inoperative . 

(h) Delegation . 

(1) The [Commissioner] COMMISSIONER may, in accordance with the 

provisions of section 22a-2a of the CONNECTICUT General Statutes, 

delegate the authority to inspect any dispensing facility covered by 

the provisions of this [regulation] SECTION to the Department of 

Consumer Protection[, to any municipality,] or to any employee of 

[either] the Department of Consumer Protection [or such 

municipality] . Such delegation shall not include the authority to 

otherwise enforce any provision of this section . 

(2) [The Commissioner of the Department of Consumer Protection or 

the chief executive officer of a municipality may apply to the 

46 
Commissioner for delegation to such Department or municipality of 

all or part of the authority to inspect any dispensing facility 

covered by the provisions of this regulation . In making a decision 

on such application, the Commissioner shall consider : 

(A) The knowledge and training of the applicant ; 

(B) The jurisdictional authority of the applicant ; 

(C) The financial and administrative capacity of the 

applicant ; 

(D) The level of experience and training of the employees of 

the applicant ; 

(E) The nature of the duties to be delegated ; and 

(F) The facilities which will be subject to this regulation . 

(3) The Commissioner shall notify the applicant in writing of the 

decision on the application . If such application is approved, the 

Commissioner shall prepare a memorandum of understanding which 

defines the scope of the delegation . The Commissioner and the 

applicant shall both sign the memorandum of understanding .] THE 

COMMISSIONER SHALL IMPLEMENT SUCH DELEGATION OF AUTHORITY BY 

MEMORANDUM OF UNDERSTANDING . The memorandum of understanding shall 

include an effective date and an expiration date, provided that the 

initial memorandum of understanding shall be valid for a period of 

up to three (3) years . 

[(4)](3) Prior to the expiration of the memorandum of understanding, 

the [Commissioner] COMMISSIONER shall review the performance of 

duties required by the memorandum of understanding, including record 

keeping, reporting, inspections and enforcement activities . If the 

[Commissioner] COMMISSIONER is satisfied with such performance, the 

[Commissioner] COMMISSIONER may renew the memorandum of 

understanding for up to five (5) years . 

[(5) The Department of Consumer Protection or a municipality may 

allow employees to perform delegated duties, provided that the 

Department of Consumer Protection or such municipality is ultimately 

responsible for such activities . Any person who will perform 

delegated duties shall complete technical training in methods of 

inspection and reporting . 

(6) Any person who performs delegated duties shall abide by the 

standards and requirements for state employees contained in Chapter 

10 of the General Statutes, as amended .] 

[(7)1(4) Within [fifteen (15) ] THIRTY (30) days of the detection of 

47 
a violation of any standard, criteria or other requirement at any 

dispensing facility which the Department of Consumer Protection [or 

a municipality] has been delegated the authority to inspect, the 

Department OF CONSUMER PROTECTION [or the municipality] shall submit 

a report to the [Commissioner] COMMISSIONER . In the event that 

further investigation or action by the Department OF ENVIRONMENTAL 

PROTECTION is required, the [Commissioner] COMMISSIONER shall notify 

the Department of Consumer Protection [or the municipality] of such 

investigation or action . 

[(8)](5) [Beginning January 1, 1993, the] THE Department of Consumer 

Protection [or a municipality which has been delegated authority to 

inspect facilities under this section] shall submit an annual report 

to the [Commissioner] COMMISSIONER each January 1 which summarizes 

the activities, including the number of inspections, conducted under 

such authority during the previous twelve (12) months . 

[(9) The Commissioner shall maintain a record of the cost to the 

Department of administering the delegation program under this 

section . The Commissioner shall assess the benefits, including any 

cost reductions, and liabilities to the Department of the delegation 

program, including the costs specified above, the number of 

inspections conducted, and the overall effectiveness of delegation 

in reducing air pollution in the state .] 

[(10)](6) The [Commissioner] COMMISSIONER may revoke all or part of 

a delegation of authority upon written notice to the Commissioner of 

the Department of Consumer Protection [or the chief executive 

officer of the municipality] . Such revocation shall be effective 

upon receipt of such notice . 

[(11)](7) The Commissioner of the Department of Consumer Protection 

[or the chief executive officer of a municipality] may terminate all 

or part of the delegated responsibilities upon thirty (30) days 

written notice to the [Commissioner] COMMISSIONER . 

Statement of Purpose : To require the use of pressure-vacuum vent 

valves and fill adapters to limit emissions of volatile organic 

compounds (VOCs) ; to prevent the loosening or over tightening of the 

fill adapter; to improve Stage II system maintenance and reduce VOC 

emissions by increasing the frequency of Stage II system performance 

tests from every five to every three years ; to revise the format of 

Section 30 to conform to current conventions ; to streamline and 

clarify the delegation provisions of subsection (h) ; and to use 

associated emission reductions to alleviate a shortfall in 

demonstrable emission reductions of VOCs in accordance with the 

federally approved one-hour Ozone Attainment Demonstration for the 

Connecticut portion of the New York-Northern New Jersey-Long Island 

(NY-NJ-CT) severe ozone nonattainment area . See 66 Fed . Reg . 63921 

(December 11, 2001) . 

48 
B. The Regulations of Connecticut State Agencies are amended by adding a new Section 

22a-174-43 as follows: 

(NEW) 

Section 22a-174-43 Portable Fuel Container Spillage Control . 

(a) Definitions . For the purposes of this section : 

(1) "CARB" means the California Air Resources Board. 

(2) "CCR" means the California Code of Regulations . 

(3) "Consumer" means any person who purchases or otherwise acquires 

a new portable fuel container or spout or both portable fuel 

container and spout for personal, family, household or institutional 

use . A person who acquires a portable fuel container or spout or 

both a portable fuel container and spout for resale is not a 

"consumer" for that product . 

(4) "Distributor" means any person to whom a portable fuel 

container or spout or both portable fuel container and spout is sold 

or supplied for the purpose of resale or distribution in commerce . 

This term does not include manufacturers, retailers and consumers . 

(5) "Fuel" means a volatile liquid mixture containing hydrocarbons 

or a blend of a volatile liquid mixture with one or more oxygen 

containing ashless organic compounds, such as alcohols or ethers, 

which is suitable for use in spark-ignition internal combustion 

engines or compression-ignition internal combustion engines . 

(6) "Manufacturer" means any person who imports, manufactures, 

assembles, produces, packages, repackages or re-labels a portable 

fuel container or spout or both portable fuel container and spout . 

(7) "NYCRR" means the Official Compilation of Codes, Rules and 

Regulations of the State of New York . 

(8) "NYSDEC" means the New York State Department of Environmental 

Conservation . 

(9) "Nominal capacity" means the volume indicated by the 

manufacturer that represents the maximum recommended filling level . 

(10) "Outboard engine" means the spark-ignition marine engine 

mounted on a marine watercraft and used to propel such watercraft . 

(11) "Permeation" means the process by which individual fuel 

49 
molecules may penetrate the walls and components of a portable fuel 

container . 

(12) "Portable fuel container" means any container or vessel with a 

nominal capacity of ten gallons or less intended for reuse that is 

designed or used primarily for receiving, transporting, storing and 

dispensing fuel . 

(13) "Retailer" means any person who owns, leases, operates, 

controls or supervises a retail outlet . 

(14) "Retail outlet" means any establishment at which any portable 

fuel container or spout or both portable fuel container and spout is 

sold, supplied or offered for sale . 

(15) "Spill-proof spout" means any spout that complies with the 

performance standards set forth in subsection (d) of this section . 

(16) "Spill-proof system" means any configuration of portable fuel 

container and firmly attached spout that complies with the 

performance standards set forth in subsection (d) of this section . 

(17) "Spout" means any device that can be firmly attached to a 

portable fuel container for dispensing the contents of a portable 

fuel container . 

(18) "Target fuel tank" means any receptacle that receives fuel from 

a portable fuel container . 

(b) Applicability . 

Except as provided in subsection (c) of this section, this section 

applies to any person who sells, supplies, offers for sale or 

manufactures for sale in the State of Connecticut a portable fuel 

container or spout or both portable fuel container and spout for use 

in the State of Connecticut . 

(c) Full and Partial Exemptions . 

(1) This section shall not apply to any portable fuel container or 

spout or both portable fuel container and spout manufactured in the 

State of Connecticut for shipment, sale and use outside of the State 

of Connecticut . 

(2) This section shall not apply to a manufacturer or distributor 

who sells, supplies or offers for sale in the State of Connecticut a 

portable fuel container or spout or both portable fuel container and 

spout that does not comply with the performance standards set forth 

50 
in subsection (d) of this section, provided that such manufacturer 

makes and keeps records demonstrating : 

(A) The portable fuel container or spout or both portable 

fuel container and spout is intended for shipment and use 

outside of the State of Connecticut ; and 

(B) The manufacturer or distributor has taken reasonable and 

prudent precautions to assure that the portable fuel 

container or spout or both portable fuel container and 

spout is not distributed to or within the State of 

Connecticut . 

(3) This section shall not apply to any safety can subject to and 

in compliance with the provisions of 29 CFR 1926, Subpart F. 

(4) This section shall not apply to any portable fuel container 

with a nominal capacity of less than or equal to one (1) quart . 

(5) This section shall not apply to any rapid refueling device with 

a nominal capacity of greater than or equal to four gallons, 

provided that such device : 

(A) Is designed for use in an off-highway motorized vehicle 

competition ; 

(B) Creates a leak-proof seal against the target fuel tank ; 

or 

(C) Operates in conjunction with a receiver permanently 

installed on the target tank . 

(6) This section shall not apply to marine portable fuel tanks 

manufactured specifically to deliver fuel through a hose attached 

between the portable fuel tank and an outboard engine for the 

purpose of operating such engine . 

(7) This section shall not apply to any manufacturer for any 

product for which the NYSDEC issued a variance pursuant to 6 NYCRR 

239-7 for the period of time such variance is in effect, provided 

that the manufacturer submits all information and data required by 6 

NYCRR 239-7 to the commissioner within thirty days of variance 

approval . If NYSDEC issues a variance pursuant to 6 NYCRR 239-7 

more than thirty days before the effective date of this section, the 

manufacturer shall submit the information and data required by 6 

NYCRR 237-7 to the commissioner within thirty days of the effective 

date of this section, provided the underlying variance is still in 

effect and necessary to maintain this exemption in the state of 

Connecticut . 

51 
(8) This section shall not apply to any product for which the 

manufacturer is granted : 

(A) An exemption by CARB pursuant to the Innovative Products 

provisions of 13 CCR 2467 .4 for the period of time the 

CARB Innovative Products exemption remains in effect ; or 

(B) An exemption by the NYSDEC pursuant to the Innovative 

Products provisions of 6 NYCRR 239-5 for the period of 

time the NYSDEC Innovative Products exemption remains in 

effect . 

(9) Any manufacturer who claims an exemption pursuant to 

subdivision (8) of this subsection shall submit to the commissioner, 

upon request therefore, a copy of the applicable CARB or NYSDEC 

exemption decision . 

(d) Performance Standards . 

(1) Except as provided in subsection (c) of this section, no person 

shall sell, supply, offer for sale or manufacture for sale in the 

State of Connecticut on or after May 1, 2004, any portable fuel 

container or any portable fuel container and spout that, at the time 

of sale or manufacture, does not comply with the performance -

standards specified in subdivision (2) of this subsection . 

(2) Each portable fuel container and each portable fuel container 

and spout shall : 

(A) Have an automatic shut-off that stops fuel flow before 

the target tank overflows ; 

(B) Automatically close and seal when removed from the target 

fuel tank and remain completely closed when not 

dispensing fuel ; 

(C) Have only one opening for both filling and pouring ; 

(D) Provide a fuel flow rate and fill level equal to or 

greater than : 

(i) One-half (0 .5) gallon per minute for portable fuel 

containers with a nominal capacity : 

(aa) less than or equal to one and one-half (1 .5) 

gallons, filling to a level less than or equal 

to one (1) inch below the top of the target 

fuel tank opening, or 

52 
(bb) greater than one and one-half (1 .5) gallons, 

but less than or equal to two and one-half 

(2 .5) gallons, filling to a level less than or 

equal to one (1) inch below the top of the 

target fuel tank opening if the spill-proof 

system clearly displays the phrase "Low FLOW 

RATE" in type of thirty-four (34) point or 

greater on each spill-proof system or label 

affixed thereto, and on the accompanying 

package, if any, 

(ii) One (1) gallon per minute for portable fuel 

containers with a nominal capacity greater than one 

and one-half (1 .5) gallons, but less than or equal 

to two and one-half (2 .5) gallons, and fills to a 

level less than or equal to one and one-quarter 

(1 .25) inches below the top of the target fuel tank 

opening, or 

(iii) Two (2) gallons per minute for portable fuel 

containers with a nominal capacity greater than two 

and one-half (2 .5) gallons ; 

(E) Have a permeation rate of less than or equal to fourtenths (0 .4) grams per gallon per day ; and 

(F) Be warranted by the manufacturer for a period of not less 

than one year against all defects in material and 

workmanship . 

(3) Except as provided in subsection (c) of this section, no person 

shall sell, supply, offer for sale or manufacture for sale in the 

State of Connecticut on or after May 1, 2004, any spout that, at the 

time of sale or manufacture, does not comply with the performance 

standards specified in subdivision (4) of this subsection . 

(4) Each spill-proof spout shall : 

(A) Have an automatic shut-off that stops fuel flow before 

the target tank overflows ; 

(B) Automatically close and seal when removed from the target 

fuel tank and remain completely closed when not 

dispensing fuel ; 

(C) Provide a fuel flow rate and fill level equal to or 

greater than : 

(i) One-half (0 .5) gallon per minute for portable fuel 

containers with a nominal capacity : 

53 
(aa) less than or equal to one and one-half (1 .5) 

gallons, filling to a level less than or equal 

to one (1) inch below the top of the target 

fuel tank opening, or 

(bb) greater than one and one-half (1 .5) gallons, 

but less than two and one-half (2 .5) gallons, 

filling to a level less than or equal to one 

(1) inch below the top of the target fuel tank 

opening if the spill-proof spout clearly 

displays the phrase "Low FLow RATE" in bold type 

of thirty-four (34) point or greater on the 

accompanying package, or for spill-proof spouts 

sold without packaging, on either the spillproof spout or a label affixed thereto, 

(ii) One (1) gallon per minute for portable fuel 

containers with a nominal capacity greater than one 

and one-half (1 .5) gallons, but less than two and 

one-half (2 .5) gallons, filling to a level less than 

or equal to one and one-quarter (1 .25) inches below 

the top of the target fuel tank opening, or 

(iii) Two (2) gallons per minute for portable fuel 

containers with a nominal capacity greater than two 

and one-half (2 .5) gallons ; and 

(D) Be warranted by the manufacturer for a period of not less 

than one year against all defects in material and 

workmanship . 

(e) Labeling Requirements . 

(1) Each manufacturer of a portable fuel container or portable fuel 

container and spout subject to this section shall clearly display on 

each spill-proof system : 

(A) The phrase "Spill-Proof System ;" 

(B) A date of manufacture or a representative date ; and 

(C) A representative code identifying the portable fuel 

container or portable fuel container and spout as subject 

to this section and in compliance with subsection (d) of 

this section . 

(2) Each manufacturer of a spout subject to this section shall 

clearly display on the accompanying package, or for a spill-proof 

54 
spout sold without packaging, on either the spill-proof spout or a 

label affixed thereto : 

(A) The phrase "Spill-Proof Spout ;" 

(B) A date of manufacture or a representative date ; and 

(C) A representative code identifying the spout as subject to 

this section and in compliance with subsection (d) of 

this section . 

(3) Each manufacturer subject to this section shall file an 

explanation of both the date code and representative date code with 

the commissioner no later than three months after the effective date 

of this section or within ninety (90) days of production or any 

change in coding . 

(4) Each manufacturer subject to this section shall clearly display 

a fuel flow rate on each spill-proof system or spill-proof spout, or 

label affixed thereto, and on any accompanying package . 

(5) Each manufacturer subject to subdivision (2) of this subsection 

shall clearly display, on the accompanying package, or for spillproof spouts sold without packaging, on either the spill-proof 

spout, or a label fixed thereto, the make, model number and size of 

each portable fuel container the spout is designed to accommodate, 

provided the identified combinations of container and spout shall 

comply with all applicable provisions of this section . 

(6) No manufacturer shall display or affix the phrase "Spill-Proof 

System" or "Spill-Proof Spout" to a portable fuel container or a 

portable fuel container and spout unless such container and spout 

comply with all applicable provisions of subsection (d) of this 

section . 

(7) If, due to its design or other features, a portable fuel 

container or a portable fuel container and spout cannot be used to 

refuel one or more on-road motor vehicles, the manufacturer shall 

clearly, display the phrase "Not Intended For Refueling On-Road Motor 

Vehicles" in thirty-four (34) point type or greater on : 

(A) An affixed label and the accompanying package, if any, 

for any portable fuel container or portable fuel 

container and spout sold together as a spill-proof 

system ; and 

(B) Either the spill-proof spout or a label affixed thereto, 

and the accompanying package, if any, for any spill-proof 

spout . 

55 
(f) Compliance Test Procedures . 

(1) Each manufacturer of a portable fuel container or spout or both 

a portable fuel container and spout must perform the compliance 

tests specified in subdivisions (2) and (3) of this subsection prior 

to allowing the product to be offered for sale in the State of 

Connecticut or at any other time directed to do so by the 

commissioner . 

(2) To determine compliance with the standards set forth in 

subsection (d) of this section, each manufacturer shall use the 

following test procedures : 

(A) "Test Method 510, Automatic Shut-Off Test Procedure For 

Spill-Proof Systems And Spill-Proof Spouts," adopted by 

CARE on July 6, 2000 ; 

(B) "Test Method 511, Automatic Closure Test Procedure For 

Spill-Proof Systems And Spill-Proof Spouts," adopted by 

CARB on July 6, 2000 ; and 

(C) "Test Method 512, Determination Of Fuel Flow Rate For 

Spill-Proof Systems And Spill-Proof Spouts," adopted by 

CARB on July 6, 2000 . 

(3) To determine compliance with the permeation standard set forth 

in subsection (d)(2)(D) of this section, each manufacturer shall use 

the test procedures set forth in subdivision (2) of this subsection 

and "Test Method 513, Determination Of Permeation Rate For SpillProof Systems," adopted by CARB on July 6, 2000 . 

(4) Each manufacturer must make and keep records of the compliance 

tests specified in subdivisions (2) and (3) of this subsection for 

as long as the product is available for sale in the State of 

Connecticut and make any test results available to the commissioner 

within thirty (30) days after receiving a request by the 

commissioner for such records . 

(5) Compliance with the performance standards set forth in 

subsection (d) of this section does not exempt any manufacturer of a 

spill-proof system or spill-proof spout from the duty to comply with 

all other applicable federal and state requirements . 

(6) Notwithstanding the provisions of subsections (d)(1) and (d)(3) 

of this section, a portable fuel container or spout or both a 

portable fuel container and spout manufactured before May 1, 2004, 

may be sold, supplied or offered for sale until May 1, 2005 if the 

date of manufacture or a date code representing the date of 

manufacture is clearly displayed on the portable fuel container or 

56 
spout . 

Statement of Purpose : To limit emissions of volatile organic 

compounds (VOCs) through the use of portable fuel containers 

designed to minimize spillage and fugitive evaporative emissions . 

To use associated emission reductions to alleviate a shortfall in 

demonstrable emission reductions of VOCs in accordance with the 

federally approved one-hour Ozone Attainment Demonstration for the 

Connecticut portion of the New York-Northern New Jersey-Long Island 

(NY-NJ-CT) severe ozone nonattainment area . See 66 Fed. Reg. 63921 

(December 11, 2001) . 

IX. Conclusion 

Based upon the comments submitted by interested parties and addressed in this Hearing Report, I 

recommend that section 30 and section 43, as set forth in Part V1II of this report, be submitted by 

the Commissioner of Environmental Protection for approval by the Attorney General and the 

Legislative Regulations Review Committee. Based upon the same considerations, I also 

recommend these proposed regulations, upon promulgation, be submitted to the U.S . 

Environmental Protection Agency as revisions to the Connecticut State Implementation Plan for 

Air Quality together with the additional information requested by EPA in Part VI.A.1 of this 

report . 

February 5~2004~ 

/s/Paul E. Farrell Date 

Hearing Officer 
Attachment 1 

List of Commenters 

1 . David B. Conroy, Manager 

Air Quality Planning Unit 

United States Environmental Protection Agency 

Region 1 

One Congress Street, Suite 1100 

Boston, MA 02114 - 2023 

2 . Dan J. Horton 

ExxonMobil 

Refining & Supply Company 

Issues Management 

PO Box 2180 

Houston, TX 77252 

3. Andrew Stackpole 

Environmental Program Manager 

U.S . Department of Defense ("DOD") 

Naval Submarine Base New London 

Groton, CT 06349-5000