## ATTACHMENT D-3

HEARINGREPORT Prepared Pursuant to Section 4-168(d) ofthe Connecticut General Statutes and Section 22a-3a-3(d)(5) ofthe Department ofEnvironmental Protection RulesofPractice

Regarding Regulations for the AbatementofAir Pollution: ProposedAmendmentofSection 22a-174-30 and ProposedAdoption of Section 22a-174-43 ofthe Regulations ofConnecticut StateAgencies HearingOfficer: Paul E
. Farrell Date ofHearing: December 19, 2003 Introduction On November 4, 2003, the Commissioner ofthe Department ofEnvironmental Protection ("Department") signed a notice ofintent to amendsection 22a-174-30ofthe Regulations of Connecticut State Agencies ("R.C.S.A.") concerning dispensing ofgasoline/stage 1and 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, apublic hearingwas held on December 19, 2003
. The public comment period for the proposed amendmentandadoption alsoclosed on December 19, 2003
. 1
. Hearing Report Content As required bysection 4-168(d) ofthe ConnecticutGeneral Statutes ("C .G.S."), this report describes the regulations proposed for hearing; theprincipal reasons in support ofthe Department's proposed amendmentand adoption; theprincipal considerations presented in oral andwrittencomments in oppositionto the Department's proposed amendment and adoption; all comments andresponses theretoon the proposed regulations; and the finalwordingofthe proposed regulations
. Commenters are identified inAttachment 1
. This report also includes astatement pursuantto C.G.S
. section 22a-6(h)
. 11
. Compliance with Section 22a-6(h) of the Connecticut General Statutes Section 22a-6(h) ofthe C.G.S., as amended by section 5 ofPublic Act 03-76, requires the Commissioner todistinguish clearly, at thetime ofnotice, all provisions ofaproposed regulation

### or amendment theretothat differ fromadoptedfederal standards andprocedures, provided: (1) suchproposed amendment pertains toactivities addressed by adoptedfederal standards and procedures; and (2)such adoptedfederal standards andprocedures applyto persons subject to the provisions of such proposed amendment. In addition, theCommissioner mustprovidean explanationforallsuch provisions in the regulation-makingrecord required underTitle4, 

### Chapter 54ofthe C

.G .S
. In accordancewiththe requirements ofC .G.S. section 22a-6(h), the HearingOfficer made a writtenstatement available at thetime ofnotice andat thepublic hearing
. Suchstatement, incorporated into theadministrativerecord for this matter, indicatedthat the requirements of C .G.S
. section22a-6(h) donot applyto the provisions o£the proposed regulations for oneofthe following tworeasons: (1) thereare no applicable federal standards or procedures; or (2) there
areapplicable federal standards orprocedures, and such standards or procedures are adopted without change. With respect to R

.C.S.A. section 22a-174-30concerning stage IandII gasoline vapor recovery systems ("section 30"), there no longer exist anyfederal stage IandII vapor recovery system standards. Althoughthese systemsare required forserious and above ozone nonattainment areas underthefederal CleanAirAct, the federal government does notissue stage Il regulationsor guidance and insteadrelies onthework donebytheCalifornia Air Resources Board ("CARB")
. Hence, the provisions ofC.G .S
. section 22a-6(h) do notapply
. With respect to R

.C.S.A
. section 22a-174-43 concerning portable fuel container spillage control ("section 43"), there are noapplicable federal environmentalstandards placed on portable fuel containers. Thestandards embodied in section 43 were originally developed bythe State of California andfurtherrefinedthrougha public iterative process instituted bytheOzone Transport Commission
. Hence, the provisions ofC.G.S
. section 22a-6(h) do notapply .
III
. Summary andText of theAmendments as Proposed A
. Section 22a-174-30, Dispensing of Gasoline/Stage I and StageII Vapor Recovery
. This proposed regulation requires the useofpressure-vacuum vent caps on gasoline pumpsthat are alreadysubject to section 30, the stage Il vaporcontrol regulation
. Theproposedchanges to section30also requirethe useof atwopoint closed system for thetransferof gasoline froma gasolinetanker truckto an undergroundstorage tank
. Anumber ofminorchanges are also proposed for section 30to improve stage li system maintenance, clarify testing requirements and increase testing frequency. Thedelegation provisions ofsubsection (h) arealso clarified
. The text ofthe regulation as proposed for public hearingis 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 FROMA 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 SYSTEMATTACHED 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 SYSTEMTHAT IS ACCESSIBLE FOR SUCH REPAIR OR REPLACEMENT WITHOUT EXCAVATION; (C) THE REPLACEMENT OF A VAPOR BALANCE STAGE II VAPOR RECOVERY SYSTEMWITH A VACUUMASSIST STAGE II VAPOR RECOVERY SYSTEM

; OR (D) THE REPLACEMENT OF A VACUUMASSIST STAGE II VAPOR RECOVERY SYSTEMWITH 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) "VACUUMASSIST STAGE II VAPOR RECOVERY SYSTEM" MEANS A STAGE II VAPOR RECOVERY SYSTEMTHAT USES A VACUUM-GENERATING DEVICE TO DRAWGASOLINE 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 allowthe 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 

### 4construction 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 allowthe 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 systemwith a newor rebuilt part unless such newor 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 ALLOWTHE 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-VACUUMVENT 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) 

### 6INCHES 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 FROMANY 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 7Stage 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 howto 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 

### 8related 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 SYSTEMAPPROVED 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-VACUUMVENT 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) VACUUMASSIST STAGE II VAPOR RECOVERY SYSTEMTESTING 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 

### 9the 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 

### 10description 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 FROMTHE 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: 

### 11(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 vacuumproducing 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, 

### 12delegate 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 renewthe 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 

### 13responsible 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-vacuumvent 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 

### 14emissions 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 NewYork-Northern NewJersey-Long Island (NY-NJ-CT) severe ozone nonattainment area . See 66 Fed
. Reg
. 63921 (December 11, 2001)
. 

### B
. Section 22a-174-43, Portable Fuel ContainerSpillage Control
. This proposed new regulationwill requirethe use ofportable fuel containers designed to reduce VOCemissions resultingfrom

spillage andevaporation
. Thefuel containers subject to this rule rangein size fromonequart to tengallons
. This proposed regulation is basedon a model rule developed by the OzoneTransport Commission
. The text ofthe 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 NewYork
. (8) "NYSDEC" means the NewYork 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 

### 17239-7 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 18greater 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 belowthe 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 "LowFLOw 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 belowthe 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 belowthe top of the target fuel tank opening if the spill-proof spout clearly displays the phrase "LowFLowRATE" 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 

### 21system ; 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) 

### 22of 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 NewYork-Northern NewJersey-Long Island (NY-NJ-CT) severe ozone nonattainment area . See 66 Fed
. Reg
. 63921 (December 11, 2001)
. 

### IV
. Principal Reasons in Supportofthe ProposedAmendments Theproposed amendmentto section 30 provides additional emission reductions ofvolatile organiccompounds ("VOCs") needed to complywith afinal rule ofthe United States Environmental Protection Agency ("EPA"), whichapproved theConnecticut one-hour ozone attainment demonstrationfor the Connecticut portion ofthe NY-NJ-CT severe nonattainment area.l EPAhas required, andConnecticut hascommittedto, the adoption andsubmission of additional control measures tooffset the EPA-identified shortfall in emission reductions necessary to attain thefederal one-hour ozoneairqualitystandard by 2007
. Proposed section 43 provides VOCemission reductions needed to complywith the samefinal EPArule
. The Department anticipates that section 30, in conjunctionwith section 43 and other previously adopted control measures for municipal wastecombusters and mobile source repair and refinishing operations,will,whenfullyimplemented, meet the EPAemissionreduction targets
. V
. Principal Considerations in Opposition to the ProposedAmendments The Department did not receive anycomments in opposition to the proposed amendmentof section 30or the proposed adoption ofsection 43
. Allcomments submitted are addressed in detail in SectionVI ofthis report
. VI
. Summary of Comments

1 SeeApproval and Promulgation ofAirQualityImplementation Plans; Connecticut; Ozone, 66 Fed
. Beg
. 63921 (December 11, 2001)
. 

### 23

### A

. General Comments EPARegion 1 provided the following general commenton Section 30and Section 43: 1
. Comment: EPAcommentedthat the public hearing notice for theproposed amendmentof section 30andthe proposed adoption ofsection 43 indicated that theanticipated emission reductions are sufficient to offset the EPA-identified shortfall in thefederallyapproved one-hour OzoneAttainment Demonstration butthe public hearing package does not includeanydetails on the quantity ofemissionreductions associated with the proposed rules
. EPArequests that once the proposed rules are adoptedand submitted to EPAas aSIPrevision; the SIPrevision should state the expected emission reductions fromeach rule beingused to meet theshortfall and any assumptions that were made in calculating these reductions
. The Statewill need to show that the combined reduction fromthelisted rules is equivalent to, or greater than, the identified shortfall (5.4tons per summer day ("tpsd") forVOCand0 .5tpsd for NOx)
. Response: When submitting section 30andsection 43 to EPAas a revisionto theSIPforair quality, the Department should statethe expected emission reductions fromeach rule beingused to meet the shortfall and anyassumptions that were made in calculatingthese reductions in order to demonstrate that thecombined reduction fromthetworules, in addition with anyother previously adoptedcontrol measure, is equivalent to,or greater than, the EPA-identified shortfall (5.4tpsd forVOCand0 .5 tpsd for NOx)
. B
. Specific Comments on the ProposedAmendment of Section 30 EPARegion 1 provided the following specific comments on Section 30: 1
. Comment: EPArecommends, forclarificationpurposes, that subsection (c)(1)(A) be revised as follows: "(1) Nopersonshall install aStageIl vapor recovery system at adispensing facility unless: (A) such systemis currently or - h°s ever - been tested a~a approved by CARBor was approved by CARB in accordance with theapplicable certification procedures in placeon April 12 1996or procedures in place prior tothis date; or. . ." Response: Theproposed changes couldpotentially causegreater uncertainty than the language proposed becausede-certifications bytheCalifornia Air Resources Board ("CARB") could be viewed as automaticallyimpacting systemscovered by section 30
. As this was not theintent of the proposed rule, the Department should not make the suggested changes
. 2
. Comment: EPArecommends, forclarification purposes, that subsection (e)(1) be revisedas 24

### follows:

"The followin~ Suck tests shall be conductedin accordance with thetest procedures in the EPAdocument `Stage II Vapor Recovery System for Control ofVehicle Refueling Emissions at Gasoline Dispensing Facilities,' Vol II (EPA-450/3-91-022b) and shall also inelude, except whereotherwise noted below :" Response: The Department should not make the suggested change as it could be read toexclude the six testing requirements listed in subsection (e)(1)
. 3
. Comment: EPAsuggests subsection (e)(1)(E), whichrequires PVvent valvetesting; be amendedto specifya CARBtest procedure as follows: "Pressure-vacuumvent valvetestingto verify operationwithin 0 .29ounces persquare inch or 0 .5 inches watercolumn ofthe designed pressure andwithin 1 .2 ounces per square inch or 2 inches watercolumn ofthevacuumsettings in accordancewith thetest procedures outlined in CARB's TP 201 .2B Appendix 1 Determination ofPressure and Vacuum

Performance Specifications for Pressure/Vacuum Vent Val ves; and
. . ." The test procedure referenced above is CARB's existing testprocedurewhichwasadoptedon February 1, 2001
. CARBis also in the process ofestablishing anew test method,TP201 .1E, "LeakRate andCracking Pressure ofPressure/Vacuum Vent Valves." Accordingto CARB's website, this test procedurewas adoptedon October 8, 2003, but has not yet received final approval
. Response: Theintent ofthe pressure-vacuum vent valve test is to determine theflow-versuspressure correlationforequipmentwith a vapor recovery system
. The EPA's suggested revisions do notcomportwith the intention ofthe Department's proposed requirement, whichis to verify the pressure-vacuum

cap is operatingwithin the requiredrange. In addition, California's governor has, subsequent to EPA's comments, terminated therule making process for CARB's TP 201 .1E, "Leak Rate andCracking Pressure ofPressure/Vacuum Vent Valves." As such, the Department should not make the suggested change
. 4
. Comment: EPAsuggests subsection (e)(2), whichrevises the requirementfor StageII system re-testing fromeveryfive years toeverythree years, be amendedto requireannual leak checktest andthe air-to-liquid ratio test forvacuumassist systems
. Such requirements are consistentwith the Executive Orders issued byCARB inrecent years andwith Stage II vapor recovery testing requirements adopted byRhode Island and Massachusetts
. Response
. The Department should proceedto adopt the revised testing schedule as proposed
. Section 30could be revised at a later time ifthe Department, upon full implementation ofthe revisedtesting schedule, finds that more frequent testingis warranted
. 25

### 5

. Comment: EPAnotes several typographical errors and recommends the following corrections: Section (a)(11) : "Two-point Stage Ivapor recove systemmeans astationary storage tank
. . ." Section (a)(12) : "
. . . to drawgasoline vapors frome¬a motorvehicle's gasoline fuel tank during thedispensing ofgasoline into such tank." Section (g)(3)(B) : "
. . . or when theApressure drop throughthevapor recovery hose that exceeds by afactor oftwo ormore. . ." Response: The Department should incorporate the changes identified by EPAinto section 30 . ExxonMobil provided thefollowing comments on Section 30: ExxonMobil expressed general support ofthe Department's proposed amendments
. ExxonMobil made the following comments on areaswherethe proposed rules could be clarified or improved. 6
. Comments on subsection (a) Definitions: A
. "Major SystemModification." The Department should revise this definition so that minor excavation performedto complywith the new requirements in section 30do notfall underthe definition of"Major SystemModification." B
. Although not specificallymentioned in this proposed amendment, ExxonMobil also proposes that the Department clarifythat tank maintenance andupgrade work, includingwork that is required to maintain or extend the manufacturers warranty ofunderground storage tanks, is specifically excluded fromthe definition of "Major SystemModification." C
. "Two PointStageIVapor Recovery System ." Forpurposes ofclarity andprecision, ExxonMobil suggests replacing the phrase "either port" with the phrase "the vapor return connection" in the definition oftwo pointstage Ivapor recovery systemas follows: "Twopoint Stage Ivapor recovery system" means a stationary storage tank possessing an entry port fora gasoline fill pipe and an exit port foravapor connection that sealswhen thevapor return connection is disconnected in a manner that will prevent the discharge ofgasoline vapors to theatmosphere." Response: (A) To address ExxonMobil's concernwith respect to minorexcavation undertaken to installfill adapters andtwo-point stage Ivapor recovery systems, the Department should exempt from

thetesting requirements setforthin subsection (e) ofsection 30anyminor excavation fromactivity undertaken solely to complywith the new requirements set forthin 26

### subsections (c)(6) and (c)(7) ofsection 30
. Ifexcavation is conductedfor reasons in addition to compliancewith the new requirements, such activitywouldbe considered a majorsystem modificaion

. Thus, section 30(e)(2) should be revisedas follows: "(e)(2) At least every [five] THREE years or upon majorsystemmodification, whicheveroccurs first, [a person whoowns, leases, operates or controls] AN OWNEROROPERATOROF adispensing facility shallconduct testingtoverify that the StageIIvaporrecovery systemis operating properly
. Such testingshall includea leak check test andanyandallotherfunctional tests that were required by subdivision [(e)](1) OF THIS SUBSECTION
. MINOREXCAVATION CONDUCTEDSOLELY FORTHE PURPOSE OF COMPLYINGWITHTHE REQUIREMENTS OF SUBSECTIONS (c)(6) AND(c)(7) SHALL NOT BY ITSELF
. TRIGGERTHE REQUIREMENTTOTEST PURSUANT TOTHIS SUBDIVISION

. [Forthe purposes ofthis section, a majorsystemmodification shall be definedas:. . .]" (B) The Department should notadopt ExxonMobil's suggestiontoexempt fromthedefinition of "major systemmodification" tank maintenance and upgradework necessary to maintain or extend the manufacturers warranty ofunderground storage tanks
. This commentis beyond the scopeofthechanges proposed by the Department
. (C) The Department should adopt ExxonMobil's proposed change to the definition of"two pointstage Ivaporrecovery system"as stated above
. 7
. Comments on subsection (c) Equipment Specifications: A
. ExxonMobil supports thechanges made tosubdivision (1)
. B
. Subdivision (6)(A) requires installation ofaCARB-certified fill adapterwithin oneyear of the effective date ofthis regulation
. At this time, ExxonMobil is aware ofonly one supplier of CARB-certified equipmentthat would meet this requirement
. ExxonMobil will make every effort to complywith the deadline
. However, ourconcernis availability ofcomplyingequipment as this single supplier will be providingfill adapters todispensing facilities nationwide
. Ifit becomes apparent therewill be ashortage ofcomplyingequipment, will the Department be prepared to delaythis deadline? ExxonMobil proposes that this requirement be subject to a provision to extend thedeadline ifa person submitsa petition foran extension on the grounds that therequired equipment is not available
. Response: (A) The Department notes ExxonMobil's support ofthe proposed changesto subsection (c)(1) ofsection 30
. (B) The Department normally provides one year, or less, lead time to complywith airquality regulations
. This period oftime is in addition to the approximatelyone-year periodprior to rule 27

### adoption, during which sources are made awareofthe Department's intent throughboth formal

and informal rule making notice andopportunityto comment. The Department should not adopt anyextensionprovisions in this case as ExxonMobil has not submitted any informationthat wouldlead the Department to conclude that there is, in fact, anyshortage offill adapters or other necessary equipment
. The Department anticipatesandexpectsfull compliancewith its requirements in atimely fashion. 8
. Comments on subsection (e) Testing: A
. In subdivision (1)(D) the Department proposes to require theowneror operator to perform "Any other relatedtesting offlow prohibiting mechanisms at thegasoline dispenser." ExxonMobil comments that this broad requirement sets an unreachable standard forsystem testing
. It fails thestandardbywhichthe regulated communitycandetermine their compliance with therule
. ExxonMobil supports the Department in settingvalid anddefinable test requirements
. Proposed subparagraph (D) fails inthat regard andshould be deleted fromthe proposal . B
. In subdivision (1)(E) the Department proposes testing ofpressure-vacuum vent valves toa specific pressure. ExxonMobil is unawareof anyreliable field test for these PNvalves
. In addition, the CARBtest specification for this equipmentis a leak rate at agivenpressure, not equipment operationwithin a range ofthedesigned pressure. The Department should reviewthe CARBtest procedures for pressure-vacuum vents and adoptsimilar procedures
. C
. In subdivision (3) the Department proposes to lengthen the required test notification time from four (4)days toseven (7) days
. Whilethis change maytend to providethe Department with added flexibility to monitortesting, it places more significant constraints on the regulated community

. Forexample, if severe weather prohibits testing on thedesignated test date, is the tank systemowner/operator then required to delaytestingforanother seven (7) days to meet the notification requirements? Response: (A) The Department does not considerthe requirementconcerning "any otherrelated testingofflow

prohibiting mechanisms at the gasoline dispenser" to be anew requirement
. The wordingtowhich the commenterrefers alreadyexists in section 30and is merely being moved within subsection (e)(1) to enhance clarity for thereader
. As thecommenter has, heretofore, been able to complywith this requirement, the Department should notviewthis as an "unreachable standard forsystemtesting" as suggested
. The Department should also not make the suggested deletion as this comment is beyond thescopeofthe proposed rule
. (B) The Department reviewed applicable CARBdocuments priorto proposing changes to section 30

. The Department believes there arereliable field tests for P/Vvalves in use in other northeastern states that have adoptedstage II vaporcontrol programs. (C) The Department should notview the addition of72hours to thenotification requirement as

28

### a "significant constraint" on the regulated communityas suggested by thecommenter
. Given

that the Department's resources are limited andwill continue to beso into theforeseeablefuture, theadditional notification time is needed ifthe Department is to manage itsworkload efficiently
. It is also important to note the Department's ability to view atest is independent ofthe source's duty to notifythe Department
. Thus, if extremeweatheris forecast fora 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 andvery general descriptionofdamage to a nozzle boot that wouldbe considered adefect
. This new language, "Anyvisible damage including, but not limitedtoarip, tear or hole in thearea ofthe check valve:.." is sovagueas to identifyvirtually anyscuffor non-penetrating scrape as adefect
. ExxonMobil suggests that the Department delete thewords "anyvisible damage including but not limited to
.."
. That would allow the Department to retain descriptive language ofadefect that allows the regulated communityto be able to understand exactlywhat constitutes adefect requiring repair/replacement ofthedispensing nozzle
. Response: The Department should clarifysubsection (g)(3)(C) ofsection 30to better describe the damage that wouldtrigger the restrictions set forthin subsections (g)(1) or (g)(2) ofsection 30
. The Department should revise this provision to read as follows: (C) Anozzle boot whichhas anyrip, tearor perforationin the area ofthecheckvalve; atriangular-shaped or similartear one-half(1/2) inch ormore to aside; a hole one-half(1/2) inch or more in diameter; or a slit one (1) inch or more in length; The Department ofDefense (DoD) provided the following comment on section 30: 10
. Comment: DoDunderstands that the proposed amendmentdoes not change the existing definition of"dispensingfacility" in subsection (a)(3) ofsection 30, however, DoDis concerned that there maybe contradictory interpretations ofthis definition, specificallyregarding the definition of"site" as used in this subdivision
. DoDrequests clarification regarding Department's interpretation of"dispensingfacility." Response: Adispensing facility, according tosection 30, is anysite wheregasoline is transferred to motorvehicles fromanystationary storagetankwith a capacity greater than 250 gallons
. Applicabilityofsection 30, in general, is triggeredwhen monthlythroughput at a dispensing facility equals or exceeds 10,000gallons
. Adispensing facility is generallyviewed as an area source, acommon example is agasoline station
. The Department recognizes, that in certain limited circumstances, a large premises or campus mayhave more than one gasoline dispensing facility
. In such acase, each dispensing facilitymust exceed theapplicable throughput trigger in order to be subject to section 30
. 29

### C

. Specific Comments on theAdoption ofSection 43 EPARegion 1 provided the following comments on Section 43: 1
. Comment: Subsection (a)(13) includes adefinition oftheterm"product category." This term is definedas theapplicable category that best describes the productwith respect to a number of variables "asdetermined by the Commissioner." The definition as stated raises the issue of Commissioner's discretion
. Theterm"product category," however, does not appear to be used in Connecticut's rule
. Therefore, EPArecommends that this termbe deleted
. Response: The Departmentremovedtheterm"product category" prior to issuing public notice forsection 43
. Thetermis not usedin the proposed rule
. 2
. Comment: Subsection (c) contains a number ofexemptions
. Allofthese exemption provisions arecurrently stated as "this section shall notapplyto [specified product] ." In some cases, the exemptionis an outright exemption, i .e., thereare norequirements that applyfor the specified product
. In othercases, however, the product is beingexempted frommany ofthe rule's requirements butthe manufacturer is still subject to record keepingprovisions
. Therefore, EPArecommends that the phrase "this sectionshall notapplyto" be deletedfromthe beginning ofeach subdivision andthat thefollowing statement be addedto the beginning ofsubection (c):

"Thefollowing are exempt fromthe requirements ofConnecticut's 22a-174-43,with the exception ofthe applicable recordkeeping requirements as noted below
." Response: As each subdivisionwithin asubsectionmust be read on its own, the suggested changewouldnot provideadditional clarity
. The Department should amendthetitle of subsection (c) toalert the reader that thesubsectionprovides bothfull exemptions andlimited exemptions
. 3
. Comment: Subsection (c)(7) contains an exemption for products forwhich the NYSDEChas issued avariance for the period oftime suchvariance is in effect, provided that the manufacturer submitsallofthedata required by 6NYCRR239-7 to theCommissioner within thirty days of variance approval
. Variances issued pursuant to New York's rule wouldallowadelay in compliance but final compliancewith therule would still be required
. Connecticut's subsection (c)(7) exemptionraises the issue ofcommissioner's discretion. Allowing this exemptionwould be considered more reasonable ifConnecticut's rule also included adate certain beyondwhich variances would no longer apply(i .e, final compliancewith therule must be achieved)
. Therefore, EPArecommends that subsection (c)(7) be revisedto read as follows:

"
. . . anyproductforwhichthe NYSDECissued avariance for the period oftime such variance is in effect, provided that the manufacturer submits
. . . within thirty days of variance approval
. In no case shall this exemption fromConnecticut's 22a-174-43 30

### extendbeyond fdatel
. . ."

Response: Subsection (c)(7) provides a limitedexemption in the formofrecognizing avariance issued by the NYSDEConly for the period oftime that suchvariancewouldbe 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 containsuch a provision, andthat provisionwill serveto limit theexemptionprovided by Connecticut
. 4
. Comment: Subsection (c)(8) contains an exemptionformanufacturers whoare grantedan exemptionby CARBand NYSDECpursuant to the innovative products provisions ofthese states' regulations
. This exemptionappears reasonable since theCalifornia andNew York rules requirethat the manufacturer demonstratethat the use ofthe innovative product "will result in cumulative VOCemissions below the highest emitting representative spill-proofsystemor representative spill-proofspout in its productcategory as determined fromapplicable testing ." ThewordingofConnecticut's subsection (c)(8), however, should be clarified
. First, the provision states that therule "shall not applyto anymanufacturer" who is grantedan innovative products exemption
. This provision should insteadstate that the requirements do not apply "to anymanufacturer for anYproduct that" has been granted an innovative products exemption
. In addition, subsection (c)(8)(B) should be revisedtostate that the exemptionapplies "for the period oftime theNYSDECinnovative products exemptionremains in effect" as is stated in subsection (c)(8)(A) forthe 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 notapplyto anyproductforwhichthe manufacturer is granted: (A) An exemptionby CARB
. . . ; or (B) An exemption by the NYSDECpursuant to the Innovative Products provisions of6NYCRR239-5forthe period oftime the NYSDEC innovative products exemptionremains in effect
. ` 5
. Comment: Subsection (c)(10) contains a placeholderfora military exemption
. The specific details ofthis exemptionare not included, and it is not clearwhysuch an exemptionwould be needed
. There is no military exemptionincluded in the OTCmodel rule or in theportable fuel container rules adopted by several other OTCstates such as New York, Delaware, and Maine
. Response: Subsection (c)(10)was included in the proposed rule to generate commentas to 31

### whether such an exemptionis needed
. The Departmentdid notreceiveanycomments regarding

the proposed exemption
. As such, the Department should delete subsection (c)(10) fromthe final proposedrule
. 6
. Comment: Subsection (d)(2)(D)(i)(bb) should be revised as follows: "greater than one andonehalf(1 .5) gallons, but less than or equalto two andone-half (2.5) gallons, fillingto alevel less than or equaltoone (1) inchbelow thetop ofthetarget fuel tank openingifthespill-proofsystemclearlydisplays the phrase "LOW FLOW RATE" in beM

type ofthirty-four (34) pointor greater on each spill-proofsystem
...." EPArecommends thatthe requirement for bold type be deleted forconsistencywith rules in neighboringstates. In addition, subsection (d)(4)(C)(i)(bb) should also be similarlyrevised
. Response: In order to be consistent with theportable fuel container rulesadopted in neighboring states, the Department should make the change suggestedby EPA
. 7
. Comment: Section (e)(1)(B) requires that the portable fuel container display "a date of manufactureor arepresentative date." It is notclearwhat is meant by "arepresentative date." EPArecommends that this provision be revisedto instead reference a "a date ofmanufactureor a representative code identif3dng the date ofmanufacture." Section (e)(2)(B) should also be similarly amended

. In addition, Section (e)(3) could be clarified by amending the provision to requirethat the manufacturer file "anexplanationofthe representative codes referenced in Sections (e)(1)(B) and (C) and/or Sections (e)(2)(B) and (C) as applicable, with thecommissioner
. . ." Response: Theterm"representative date" is intended to provideflexibility to the manufacturer when providing adate ofmanufacture for inclusion on compliant portable fuel containers
. As no other state has adopted a requirementthat a "code identifying the date ofmanufacture" bemade andthe prior commentsuggested that Connecticut's portable fuel containerrule shouldbe consistent with thoseadoptedby neighboring states, the Department should not make the suggested change
. 8
. Comment: Section (e)(5) should statewherethespecified informationshould be displayed
. Therefore, this sectionshould be revisedto read as follows: "Each manufacturer subject to subdivision (2)ofthis subsection shall clearlydisplay, on theaccompanying-package or forspill-proofspouts sold without packaging, on either the spill-proofspout or a label fixed thereto, the make, model number and size ofeach portable fuel container the spout is designed to accommodate, provided the identified combinations ofcontainer andspoutshall complywith all applicable provisions ofthis section." 32

### Response: The Department should make thechange suggested by EPAto subsection (e)(5) as it

will clarifywherethe specified information should be displayed
. 9
. Comment: EPArequests Connecticut amend subsections (f)(1), (f)(4), and (c)(9) to state that tests shall be conducted, andrecordsshall be made available, when requested by the commissioner and/or EPA
. Response
. The Department should not make thesuggested change because EPAhas independentfederal authority to require thetests setforth in subsections (f)(1), (f)(4) and (c)(9) ofsection 43
. 10
. Comment: It is EPA's understanding that Connecticut intends to claim emission reduction credit fromtheportable fuel container rule to helpwith the State's onehour ozone attainment shortfall
. To claim

this credit, Connecticutneeds to ensure that the underlying emissions are accurately reported in the State's emissions inventory, as noted below
. Informationcontained in Pechan's March 31, 2001 document entitled, "Control Measure Development SupportAnalysis ofOzone Transport Commission Model Rules" indicates that about 70percent ofthe underlyingportable containerVOCemissions are not currentlyreported inmost state emission inventories
. The Pechan report indicates that emission estimates for this activity come from

five different modes, onlytwo ofwhich, equipment-filling spillage andvapor displacement, are included in the EPA's non-road model
. (See discussion on pages 11 and 12 of the Pechan document.) The other threeways that emissions occurareviadiurnal, permeation andtransport spillage activity, andtogetherthesethree modes represent about 70percent ofthe baseline emissions
. (See Table II-2 on page 11 ofthe Pechan report.) Emissionsfromthese three modes are notcurrently inventoried by states, but Appendix AofPechan's report provides a methodologydeveloped by CARBto do so. Furthermore, the Pechan report estimates that a portable fuel container rule in Connecticutwould achieve aVOCreduction of3tpsd in 2005, and 5tpsd in 2007
. However, this estimate assumes that therule applies to the sale ormanufacture ofcontainers on or afterJanuary 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 aone-year sell through period
. Therefore, there will be proportionally less sales andturnover ofthe existing fuel containers, and less emission reductions, by 2007 than the Pechanreport estimate
. IfConnecticut wantsto achieve more ofthe estimated reductions, theState needs to implementastrategy that wouldaccelerate theturnover ofportable fuel containers
. Some ofthepossible mechanisms for accomplishing this are: (1) to make useofthe new portable fuel containers mandatoryforcertain commercial entities, such as any, or all, ofthe following: facilities required to have aTitleVpermit, facilities required to submit emissions statements, service stations, automotive repair 33

### shops, farms, and landscapers; and/or

(2) to have agascanbuyback program for consumers. Forexample, Pennsylvania has conducted such aprogram . See http://www

.dep.state.pa.us/dep/deputate/airwaste/aq/gascan/gascan.htm Ifoption 1 is chosen, Connecticutwill need to make theappropriaterevisions to its draft portable fuel containerrule
. EPAprovided 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 theemissions inventory
. The Department recognizes the delayedeffective date ofsection 43will reduce theamount ofcreditable emission reductions that maybeclaimedin 2007
. In accordance with the Department's response to EPA's general comment, the Department should state theexpected emission reductions fromeach rule beingused to meet theshortfall and anyassumptions that were made in calculating emission reductions in order todemonstratethat the combined reduction fromthe tworules, in addition with otherpreviously adoptedcontrol measures, is equivalent to, or greater than, the identified shortfall (5.4 tpsd forVOCand0 .5 tpsd for NOx
. At this point, the Department believes the suiteofreduction strategies to be identified in the airquality SIP revision, includingbothsection 30andsection 43, are sufficient to meet the shortfallwithoutadopting the enhancements suggested in this comment
. As such, the Department should notadopt the suggested revisions to section 43 at this time
. DoDprovided thefollowing comments on section 43: 11
. Comment: DoDrequests clarification regarding theapplicabilityofproposed section 43
. DoDdoes not believe the intent ofthis new regulation is to regulatethetype of suppliers who supplyportable fuel containers to DoDand recommends theterm"person" in subsection (b), (d)(1) and (d)(3) be changedto "manufactureror distributor." Response: The Department should not make the requested clarificationas DoDmaybe misinterpretingtheapplicabilityprovisions ofsection 43
. There are twoapplicability triggers in Section 43
. First, therule applies to a person whosells, supplies, offers for sale ormanufactures portable fuel containers. Second,theportable fuel containers must be delivered for sale in the StateofConnecticut
. For, example, if DoDsells portable fuel containers to base personnel from the base commissary,then such containers must complywith the provisions ofsection 43
. The commenterdid not providesufficient information for the Department to determinewhether portable fuel containers "supplied" by DoDto the Naval Submarinebase in Groton, Connecticut, would trigger applicabilityofsection 43 on the manufacturer
. It is important to note that theterm "manufacturer" also includes "importers ." Thus,thechange requested by DoDwouldnot, by itself, preclude applicability ofsection 43
. 12
. Comment: DoDrequests clarificationwhethersection 43 applies to anyuserwhopurchases 34

### a portable fuel container or spout froman out-of-state manufacturer or distributor
.

Response: Ifa portable fuel container ispurchasedfroman out-of-state manufacturer for resale in theStateofConnecticut, the purchaser is, in fact, an importer fallingwithin the definition of "manufacturer." Thus, the provisions ofsection 43 wouldapplyto anyportable fuel containers purchasedforsubsequent resale in Connecticut
. It should be notedthat Congress, in 42 U .S.C
. §7418, clearlystates that federal facilities are expected to complywith "all Federal, State, interstate, and local requirements, administrative authority
. . . respecting thecontrol and abatement ofair pollution in the same manner, andto thesame extent as any nongovernmental entity." The Department has determined that portable fuel containers ofthe size specified in section 43 area significant source ofVOCemissions that must be controlled in orderforthe StateofConnecticut to attain andmaintain the 1-hournational ambientairqualitystandard for ground level ozone. As such, ifit is determined that DoDis subject to the provisions ofsection 43, the Department wouldanticipate andexpect full compliance
. V11
. Additional Comments of the HearingOfficer The Department should make thefollowing technical/grammatical corrections to the proposed regulations: A
. Section 30 l
. In subsection (c)(7), insert a hyphenwithin theword "TWOPOINT" as follows: "(7) TWO-POINT STAGEIVAPORRECOVERY SYSTEMS
. . ." 2
. In subsection (d)(1), delete an additional commaon line 7 in betweenthewords "installer" and"in." Also in subsection (d)(1), change theword "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" shouldbe changedto "[subdivision] SUBSECTION (b)(1), (b)(2), (b)(3) or (b)(4) OF THIS SUBSECTION." 4
. In subsection (d)(3)(C), delete theword "OR" fromin betweentheword "Department" andthe bracketed phrase "[towhom]" 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 changedto "[subdivision] SUBSECTION(b)(1), (b)(2), (b)(3) or (b)(4) OF THIS SUBSECTION." 6
. In subsection (e)(4) insert acommaon line 2in betweentheword "subsection" and 35

### the phrase "THE STAGE IIVAPORRECOVERY SYSTEM ." 7
. In subsection (f)(1), "[subdivision (b)(1), (b)(2), (b)(3) or (b)(4)] SUBSECTION(b) OF THIS SECTION" should be changedto "[subdivision] SUBSECTION(b)(1), (b)(2), (b)(3) or (b)(4) OF THIS SUBSECTION." B
. Section 43 1
. In subsection (a)(17), amendthe definition oftheterm"spout"as follows: "(17) "Spout" means anydevice that canbefirmly attached toa portable fuel container fordispensing ^era""eti gpou ri ng throughwhie'~ thecontents ofa portable fuel container
. eanbe dispensed-
. 2
. In subsection (d)(2)(D)(i)(bb) delete theword "or" at theend ofthesubclause
. 3
. In subsection (d)(4)(C)(i)(bb) delete theword "or" at the endofthe subclause
. V111
. Final Text ofProposed Regulations A
. Section 22a-174-30ofthe Regulations ofConnecticut StateAgencies is amendedto 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 FROMA GASOLINE DELIVERY VEHICLE
. [(4)](3) "Dispensing facility" means any site where gasoline is 

### 36transferred 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 SYSTEMATTACHED 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 SYSTEMWITH A VACUUMASSIST STAGE II VAPOR RECOVERY SYSTEM

; OR (D) THE REPLACEMENT OF A VACUUMASSIST STAGE II VAPOR RECOVERY SYSTEMWITH 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 

### 37gasoline 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) "VACUUMASSIST STAGE II VAPOR RECOVERY SYSTEM" MEANS A STAGE II VAPOR RECOVERY SYSTEMTHAT USES A VACUUM-GENERATING DEVICE TO DRAWGASOLINE VAPORS FROMA 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 

### 38dispensing 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 systemwith a newor rebuilt part unless such newor 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 ALLOWTHE 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-VACUUMVENT 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 FROMANY 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 FROMONE 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 SYSTEMAPPROVED 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 

### 42STATIC 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-VACUUMVENT 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) VACUUMASSIST STAGE II VAPOR RECOVERY SYSTEMTESTING 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 FROMTHE 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 

### 45vapor 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 

### 46Commissioner 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 renewthe 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 

### 47a 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 NewYork-Northern NewJersey-Long Island (NY-NJ-CT) severe ozone nonattainment area . See 66 Fed
. Reg
. 63921 (December 11, 2001)
. 

### 48

### B

. The Regulations ofConnecticut StateAgencies areamended 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 NewYork
. (8) "NYSDEC" means the NewYork 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 49molecules 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 

### 50in 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 belowthe 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 belowthe top of the target fuel tank opening if the spill-proof system clearly displays the phrase "LowFLOW 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 

### 54spout 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 

### 56spout
.

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

### IX
. Conclusion Based upon the comments submitted byinterested parties andaddressed in this HearingReport, I recommendthat section 30and section 43, as setforth in Part V1II ofthis report, be submitted by the Commissioner ofEnvironmental Protection for approval bytheAttorney General andthe Legislative Regulations ReviewCommittee
. Based upon thesame considerations, I also recommendthese proposed regulations, upon promulgation, be submitted to the U .S
. Environmental Protection Agency as revisions to the Connecticut State Implementation Plan for AirQualitytogether with the additional informationrequested by EPAin Part VI .A.1 ofthis 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 ProtectionAgency Region 1 OneCongress Street, Suite 1100 Boston, MA 02114- 2023 2
. DanJ
. Horton ExxonMobil Refining &

Supply Company Issues Management POBox 2180 Houston, TX77252 3
. Andrew

Stackpole Environmental Program Manager U .S
. Department ofDefense ("DOD") Naval Submarine Base New London Groton, CT 06349-5000