Attachment D: Amendment of R.C .S .A. Section 22a-174-30 

and 

New R.C.S .A. Section 22a-174-43 

D-1 . Notice of public hearing. 

D-2. Certification of public hearing . 

D-3. Hearing report . 

D-4. Emission reduction calculations for 

R.C .S .A. Section 22a-174-30 . 

D-5. Emission reduction calculations for 

R.C .S .A . Section 22a-174-43 . 
May 10, 2004 Page 30-1 

Section 22a-174-30 . Dispensing of 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) "CARB-certified fill adapter" means a specialized fitting on a 

stationary gasoline storage tank that prevents the loosening or 

overtightening of the connecting line between an entry port of a 

gasoline fill pipe and the fill line from a gasoline delivery 

vehicle . 

(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 . 

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

petroleum distillate and alcohol having a reid vapor pressure of 

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

internal combustion engines . 

(5) "Major system modification" means, notwithstanding any 

definition in section 22a-174-1 of the Regulations of Connecticut 

State Agencies : 

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

equipped with a Stage II vapor recovery system; 

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

piping system attached to a stationary storage tank 

equipped with a Stage II vapor recovery system, excluding 

the repair or replacement of any part of an underground 

piping system that is accessible for such repair or 

replacement without excavation ; 

(C) The replacement of a vapor balance Stage II vapor 

recovery system with a vacuum assist Stage II vapor 

recovery system ; or 

(D) The replacement of a vacuum assist Stage II vapor 

recovery system with a vapor balance Stage II vapor 

recovery system . 

(6) "Owner or Operator" means any person who owns, leases, 

operates or controls a dispensing facility subject to this section . 
May 10, 2004 Page 30-2 

(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 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 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 recovery system" means a stationary 

storage tank possessing an entry port for a gasoline fill pipe and 

an exit port for a vapor connection that seals when the vapor 

return connection is disconnected in a manner that will prevent the 

discharge of gasoline vapors to the atmoshpere . 

(12) "Vacuum assist Stage II vapor recovery system" means a stage 

II vapor recovery system that uses a vacuum-generating device to 

draw gasoline vapors from a motor vehicle's gasoline fuel tank 

during the dispensing of gasoline into such tank . 

(b) Regulated dispensing facilities . 

(1) On or after November 30, 1992, any 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 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 
May 10, 2004 Page 30-3 

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 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 period, such period shall be 

extended to include a total of twenty-four months of activity . 

(4) After November 15, 1994, no 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 (1), 

(2), (3) or (4) of this subsection, the requirements of such 

subdivision shall always apply to such dispensing facility . 

(6) Any owner or operator of a dispensing facility which is not 

subject to subdivision (1), (2), (3) or (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 (1), (2), (3) or (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 system is or has ever been tested and approved by 

CARB ; or 

(B) Such system is or has ever been tested and approved by 
May 10, 2004 Page 30-4 

another state using testing methods approved by CARB ; and 

(C) Such system utilizes only coaxial hoses . 

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

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

is or has ever been approved for installation in such Stage II 

vapor recovery system 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 in 

such a way that the system becomes incapable of preventing 

discharge to the atmosphere of at least ninety-five percent (95o) 

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 set forth in 

section 29-320-3a of the Regulations of Connecticut State Agencies . 

(5) Any owner or operator of a dispensing facility subject to 

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 sections 22a-449(d)-1 and 

22a-449(d)-101 through 22a-449(d)-113 of the Regulations of 

Connecticut State Agencies . 

(6) Unless otherwise specified in an applicable CARB certification, 

one year after the effective date of this section, no owner or 

operator of a dispensing facility subject to subsection (b) of this 

section shall transfer or allow the transfer of gasoline between a 

delivery vehicle and a stationary storage tank at such facility 

unless each stationary storage tank is equipped with : 

(A) A CARB-certified fill adapter; and 

(B) A pressure-vacuum vent valve with a relief setting of 

three (3), plus or minus one-half (0 .5) inch of water 

column pressure and eight (8), plus or minus two (2 .0) 

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 
May 10, 2004 Page 30-5 

(B) By an owner or operator of any stationary storage tank 

that does not have an available port at such time the 

stationary storage tank is replaced or at such time the 

product in the tank is switched from any other fuel to 

gasoline . 

(d) Training, maintenance, and labeling . 

(1) Any owner or operator of a dispensing facility subject to 

subsection (b) of this section shall require that at least one 

representative of such dispensing facility attends and successfully 

completes a training session provided by 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 . If an owner or 

operator owns or operates more than one dispensing facility that 

utilizes the same type of Stage II vapor recovery system, only one 

representative from one of the dispensing facilities must be 

trained in accordance with this subsection . Training shall be 

successfully 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 dispensing facility's Stage II vapor 

recovery system ; 

(C) Maintenance schedules for the dispensing facility's 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 
May 10, 2004 Page 30-7 

Testing Procedures ;" 

(D) Any other related testing of flow prohibiting mechanisms 

at the gasoline dispenser; 

(E) Pressure-vacuum vent valve testing to verify operation 

within 0 .29 ounces per square inch or 0 .5 inches water 

column of the designed pressure and within 1 .2 ounces per 

square inch or 2 inches water column of the vacuum 

settings ; and 

(F) Vacuum assist Stage II vapor recovery system testing 

using the CARB Air-to-Liquid Volume Ratio Test Procedure 

set forth in TP-201 .5 . 

(2) At least every five years and after November 15, 2004 every 

three years or upon major system modification, whichever occurs 

first, 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 (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 . 

(3) Before a person conducts a test pursuant to this subsection, 

the owner or operator of the dispensing facility shall notify the 

Department's Bureau of Air Management at least seven (7) days in 

advance of such testing . Such notification shall include the date, 

time and location of the test(s), and the name and address of the 

person conducting the test(s) . The owner or operator is not 

required to submit such notice if a representative of the 

Department will conduct such test . 

(4) If any Stage II vapor recovery system does not pass any test 

required by this subsection, the State II vapor recovery system 

shall be considered to not be operating properly . 

(f) Record keeping requirements . 

(1) Any owner or operator of a dispensing facility subject to 

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 
May 10, 2004 Page 30-8 

specific system at the dispensing facility ; 

(B) All records and results of tests performed pursuant to 

subsection (e) of this section, including the date of the 

testing and the names, addresses, and phone numbers of 

the persons who 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 that a current representative of the dispensing 

facility received training pursuant to 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) Records required by this subsection shall be made available 

for inspection and copying by a representative of the Department, 

EPA or the Department of Consumer Protection . 

(3) Records shall be maintained for five (5) years from the date 

of creation . 

(4) An owner or operator shall display in a conspicuous location 

at the dispensing facility the address in the state of Connecticut 

at which the records required by subdivision (1) of this subsection 

are maintained . 

(g) Defective equipment . 

(1) Any Stage II vapor recovery system having a defect, as defined 

by subdivision (3) of this subsection, shall be immediately tagged 

"out of order" by the owner or operator of the dispensing facility . 
May 10, 2004 Page 30-9 

(2) An owner or operator of a dispensing facility shall not allow 

the use of a Stage II vapor recovery system which has been tagged 

"out of order" until such system has been repaired or replaced . 

(3) For the purposes of subdivisions (1) and (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 recovery system ; 

(B) A vapor recovery hose which is crimped, flattened or 

otherwise impaired, such that the vapor passage is 

blocked, or when a pressure drop through the vapor 

recovery hose that exceeds by a, factor of two (2) or more 

the CARB specifications for such Stage II vapor recovery 

system ; 

(C) A nozzle boot which has any rip, tear or perforation in 

the area of the check valve; a triangular-shaped or 

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

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

one (1) inch or more in length ; 

(D) Balance nozzles and nozzles for aspirator and educator 

assist-type systems which are damaged such that the 

capability to achieve a seal with a fill pipe interface 

is affected for one-quarter of the circumference of the 

faceplate (accumulated) ; 

(E)) Nozzles for vacuum assist systems which are damaged such 

that 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 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 
May 10, 2004 Page 30-10 

break which is inoperative . 

(h) Delegation . 

(1) The 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 section to the Department of Consumer Protection 

or to any employee of the Department of Consumer Protection . Such 

delegation shall not include the authority to otherwise enforce any 

provision of this section . 

(2) 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 . 

(3) Prior to the expiration of the memorandum of understanding, the 

commissioner shall review the performance of duties required by the 

memorandum of understanding, including record keeping, reporting, 

inspections and enforcement activities . If the commissioner is 

satisfied with such performance, the commissioner may renew the 

memorandum of understanding for up to five (5) years . 

(4) Within 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 has been delegated the 

authority to inspect, the Department of Consumer Protection shall 

submit a report to the commissioner . In the event that further 

investigation or action by the Department of Environmental 

Protection is required, the commissioner shall notify the 

Department of Consumer Protection of such investigation or action . 

(5) The Department of Consumer Protection shall submit an annual 

report to the commissioner each January 1 which summarizes the 

activities, including the number of inspections, conducted under 

such authority during the previous twelve (12) months . 

(6) The commissioner may revoke all or part of a delegation of 

authority upon written notice to the Commissioner of the Department 

of Consumer Protection . Such revocation shall be effective upon 

receipt of such notice . 

(7) The Commissioner of the Department of Consumer Protection may 

terminate all or part of the delegated responsibilities upon thirty 

(30) days written notice to the commissioner . 
May 10, 2004 Page 30-11 

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