STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

OFFICE OF AIR RESOURCES

AIR POLLUTION CONTROL REGULATION NO. 11

PETROLEUM LIQUIDS MARKETING AND STORAGE

Effective 5 July 1979

Last Amended 19 July 2007

AUTHORITY: These regulations are authorized pursuant to R.I. Gen. Laws § 42-

17.1-2(s) and 23-23, as amended, and have been promulgated pursuant to the 

procedures set forth in the R.I. Administrative Procedures Act, R.I. Gen. Laws Chapter 

42-35.
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

OFFICE OF AIR RESOURCES

AIR POLLUTION CONTROL REGULATION NO. 11

PETROLEUM LIQUIDS MARKETING AND STORAGE

TABLE CONTENTS

11.1 Definitions 1

11.2 Storage of Petroleum Liquids - Fixed Roof Tanks 3

11.3 Bulk Gasoline Terminals 5

11.4 Bulk Gasoline Plants 8

11.5 Gasoline Service Station Stage I Vapor Controls 10

11.6 Storage of Petroleum Liquids: External Floating Roof Vessels 15

11.7 Reid Vapor Pressure 18

11.8 Tank Truck Certification and Vapor Collection Systems 18

11.9 Any equivalence approval required by EPA in this regulation will not be effective until 

approved as a single source revision to the State Implementation Plan. 22

11.10 Gasoline Dispensing Facilities - Stage II Vapor Controls 22

11.11 General Provisions 30
Page 1 of 31

RHODE ISLAND DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

OFFICE OF AIR RESOURCES

AIR POLLUTION CONTROL REGULATION NO. 11

PETROLEUM LIQUIDS MARKETING AND STORAGE

11.1 Definitions

Unless otherwise expressly defined in this section, the terms used in this regulation shall be 

defined by reference to the Rhode Island Air Pollution Control General Definitions 

Regulation. As used in this regulation, the following terms shall, where the context 

permits, be construed as follows:

11.1.1 "Petroleum liquids" means crude oil, condensate and any finished or 

intermediate products manufactured or extracted in a petroleum refinery

whose true vapor pressure is greater than 1.52 psia (10.5 kilo pascals) at 

69oF.

11.1.2 "Bulk gasoline terminal" means a gasoline storage facility which receives 

gasoline from refineries primarily by pipeline, railroad tank car, ship, or 

barge, and delivers gasoline to bulk gasoline plants or to commercial or retail 

accounts primarily by tank truck; and has a daily throughput of more than 

20,000 gallons of gasoline.

11.1.3 "Bulk gasoline plant" means a gasoline storage and distribution facility

with an average daily throughput of 20,000 gallons or less but greater than 

4,000 gallons which receives gasoline from bulk terminals by trailer transport 

or railroad tank car, stores it in tanks, and subsequently dispenses it via 

account trucks to local farms, businesses, and service stations.

11.1.4 "Gasoline" means any petroleum distillate having a Reid vapor pressure of 

more than 4.0 psia as determined by ASTM Method D323. This term 

includes but is not limited to mixtures of alcohols and gasoline.

11.1.5 "Splash filling" means the filling of a tank truck or stationary storage tank 

through a pipe or hose whose discharge opening is above the surface level of 

the liquid in the tank being filled.

11.1.6 "Bottom filling" means the filling of a tank truck or stationary storage tank 

through an opening that is flush with the tank bottom.

11.1.7 "Submerged filling" means the filling of a tank truck or stationary tank 
Page 2 of 31

through a submerged fill pipe whose discharge opening is entirely submerged 

when the pipe normally used to withdraw liquid from the tank can no longer 

withdraw any liquid.

11.1.8 "Submerged fill pipe" means any fill pipe the discharge opening of which is 

entirely submerged when the liquid level is six inches above the bottom of 

the tank; or when applied to a tank which is loaded from the side, shall mean 

any fill pipe the discharge of which is entirely submerged when the liquid 

level is 18 inches or twice the diameter of the fill pipe, whichever is greater, 

above the bottom of the tank.

11.1.9 "Vapor balance system" means a combination of pipes or hoses which 

create a closed system between the vapor spaces of an unloading vessel and a 

receiving vessel such that vapors displaced from the receiving vessel are 

transferred to the vessel being unloaded.

11.1.10 "Owner" means any person who has legal or equitable title to the gasoline 

storage vessel at a facility.

11.1.11 "Operator" means any person who leases, operates, controls or supervises a 

facility at which gasoline is dispensed.

11.1.12 "Gasoline dispensing facility" means any site where gasoline is dispensed 

to motor vehicle gasoline tanks from stationary storage vessels.

11.1.13 "Daily throughput" means the average amount of gasoline that a bulk 

gasoline terminal or plant dispenses in a day from that facility and is defined 

as the thirty day rolling average throughput of the facility. This is used to 

determine applicability, not compliance.

11.1.14 "Vapor tight" means the condition where a combustible gas detector does 

not detect a leak of volatile organic materials when the probe of this meter is 

held parallel to the flow of volatile organic materials from the leak source.

11.1.15 "Leak" means a meter reading from a combustible gas detector greater or 

equal to 100 percent lower explosive limit as propane.

11.1.16 "Vapor" means those components of gasoline that have been volatilized to 

the gaseous phase from the liquid phase.

11.1.17 "External floating roof" means a storage vessel cover in an open top tank 

consisting of a double deck or pontoon single deck which rests upon and is 

supported by the petroleum liquid being contained and is equipped with a 

closure seal or seals to close the space between the roof edge and tank wall.
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11.1.18 "Liquid-mounted seal" means a primary seal mounted in continuous 

contact with the liquid around the circumference of the tank between the tank 

wall and the floating roof.

11.1.19 "Vapor-mounted seal" means a primary seal mounted so there is a vapor 

space underneath the seal. The annular vapor space is bounded by the bottom 

of the primary seal, the tank wall, the liquid surface, and the floating roof.

11.1.20 "Best extent possible" means there shall be no reading at 2.5 centimeters 

from any potential leak source, greater than or equal to 100% of the lower 

explosive limit, LEL, measured as propane, as detected by a combustible gas 

detector using the test procedure described in Appendix B of the EPA 

document entitled "Control of Volatile Organic Compound Leaks from 

Gasoline Tank Trucks and Vapor Collection Systems" (EPA-450/2-78-051).

11.1.21 "Substantially modified" means a modification of an existing gasoline 

dispensing facility which involves the addition, repair, replacement, or 

reconditioning of stationary storage tanks. Any excavation at an existing 

gasoline dispensing facility which has the potential to affect the integrity or 

pitch of any Stage II vapor return, manifold or vent piping is also considered 

a substantial modification.

11.1.22 "Stage II vapor collection and control system" means a system which 

collects gasoline vapors displaced from motor vehicle gasoline tanks during 

refueling and which routes the vapors to a stationary storage tank.

11.1.23 "Monthly throughput" means the amount of gasoline that a gasoline 

dispensing facility dispenses in a month. This amount is used to determine 

applicability, not compliance.

11.1.24 ”Vacuum assist system" means a Stage II vapor collection and control 

system which employs a pump, blower or other vacuum inducing device to 

collect and/or process gasoline vapors.

11.2 Storage of Petroleum Liquids - Fixed Roof Tanks

11.2.1 Prohibitions and Requirements

11.2.1.1 No person shall place, store or hold in any stationary vessel, 

reservoir, or other container of more than 40,000 gallons capacity

any petroleum liquids unless such tank reservoir or other container 

is a pressure tank capable of maintaining working pressures 
Page 4 of 31

sufficient at all times to prevent vapor or gas loss to the outdoor 

atmosphere unless: 

(a) the source utilizes an internal floating roof equipped with a 

closure seal, or seals, to close the space between the roof 

edge and tank wall such that:

(1) the cover must float uniformly on the liquid;

(2) there is no accumulated liquid on the cover, and;

(3) the seal is intact and uniformly in place around the 

circumference of the cover between the cover and 

tank wall, or

(b) the source utilizes an alternative control device that is at 

least 95% effective at reducing or recovering VOC 

emissions, approved by the Director, and

(c) the source is maintained such that there are no visible holes, 

tears, or other openings in the seal or any seal fabric or 

materials, and

(d) where applicable, all openings, except stub drains, are 

equipped with covers, lids, or seals such that:

(1) the cover, lid, or seal is in the closed position at all 

times except when in actual use, and

(2) automatic bleeder vents are closed at all times 

except when the roof is being floated off or being 

landed on the roof leg supports, and

(3) rim vents, if provided, are set to open when the roof 

is being floated off the roof leg supports or at the 

manufacturer's recommended setting, and

(e) routine visual inspections of the internal floating roof and 

the primary and secondary seals are conducted through roof 

hatches on an annual basis , and

(f) a complete visual inspection of the internal floating roof, 

the primary and secondary seals, gaskets, slotted

membranes and sleeve seals is conducted whenever the 
Page 5 of 31

tank is emptied or once every ten years, whichever is more 

frequent, or

(g) the source utilized a vapor recovery system consisting of a 

device capable of collecting the vapor from volatile organic 

liquids and gases so as to prevent their emissions to the 

outdoor atmosphere. All tank gauging and sampling 

devices shall be gas tight except when gauging or sampling 

is taking place.

11.2.2 Records

11.2.2.1 Records are to be maintained at the facility by the owner or 

operator of a source defined in Subsection 11.2.1.1 and shall 

include: 

(a) Reports of the results of inspections conducted under 

Subsections 11.2.1.1 (e) and 11.2.1.1 (f).

(b) Records of daily throughput quantities, types of volatile 

petroleum liquids, average monthly storage temperature, 

and true vapor pressure of the stored liquid.

(c) Records for both scheduled and unscheduled maintenance.

11.2.2.2 Records cited in Subsection 11.2.2.1 shall be maintained for a 

period of three (3) years and shall be accessible for review by the 

Director or personnel designated by the Director.

11.3 Bulk Gasoline Terminals

11.3.1 This section will apply to bulk gasoline terminals and appurtnent equipment 

necessary to load and unload the tank trucks, railroad tank cars or trailer 

compartment. If a source is ever considered a bulk terminal because it 

surpasses the daily throughput under the definition in 11.1.2 of this 

regulation, it is always subject to this regulation even if it goes below the 

daily throughput.

11.3.2 Prohibitions

11.3.2.1 No person shall load or unload gasoline into any tank trucks, 

railroad tank cars, or trailers from any bulk gasoline terminal 

unless the above-mentioned vessels are equipped with a vapor 

balance system, and
Page 6 of 31

(a) the bulk gasoline terminal is equipped with a vapor control 

system properly installed, maintained and in good working 

order, in operation and that prevents emissions to the 

atmosphere from exceeding 0.30 grams per gallon (80 

grams/1000 liters) of gasoline loaded over any 6 hour 

period as determined by 11.3.5.1. The vapor collection and 

processing equipment must be designed and operated to 

prevent gauge pressure in the tank truck from exceeding 18 

inches of water and prevent vacuum from exceeding 6 

inches of water, and

(b) a connecting pipe or hose from the loading rack to the 

delivery vessel is equipped with fittings which are vapor 

tight and will automatically and immediately close upon 

disconnection so as to prevent release of volatile organic 

materials to the best extent possible, and

(c) a vapor space connection on the tank truck, railroad tank 

car, or trailer equipped with fittings which are vapor tight 

and will automatically and immediately close upon 

disconnection so as to prevent release of volatile organic 

materials to the best extent possible.

(d) the bulk gasoline terminal is equipped with a vapor control 

system, capable of complying with paragraph (a) of this 

section, properly installed, in good working order, in 

operation and consistent with one of the following:

(1) an adsorber or condensation system which processes 

and recovers at least 90 percent by weight of all 

vapors and gases from the equipment being 

controlled; or,

(2) a vapor collection system which directs all vapor to 

fuel gas system and reduces emissions by at least 90 

percent; or, 

(3) a control system determined to be equally effective 

and approved by the Director.

11.3.2.2 Sources affected under Section 11.3 may not:
Page 7 of 31

(a) allow gasoline to be discarded in sewers or stored in open 

containers or handled in any manner that would result in 

evaporation, nor

(b) allow the pressure in the vapor collection system to exceed 

the tank truck or trailer pressure relief settings.

11.3.2.3 All pumps and compressors handling gasoline shall have 

mechanical seals or other equipment for the purposes of air 

pollution control as approved by the Director and EPA. The seals 

or other equipment, when tested by a combustible gas detector at 

2.5 centimeters from any potential leak points, shall give no 

reading of greater than 100% of the lower explosive limit, 

measured as propane.

11.3.2.4 The emergency venting of vessels covered by Subsection 11.3.2.2 

shall be in accordance with the federal DOT specifications for 

cargo tanks and tank cars authorized to carry hazardous materials. 

Emergency venting shall not be considered a violation.

11.3.3 Records

11.3.3.1 Records shall be maintained at the facility by the owner or operator 

of a bulk gasoline terminal and shall include:

(a) Records of daily throughput quantities of gasoline.

(b) Records for both scheduled and unscheduled maintenance 

of the vapor control system that is described in Subsection 

11.3.2.1 (a).

11.3.3.2 Records cited in Subsection 11.3.3.1 should be maintained for a 

period of three years and should be accessible for review by the 

Director or personnel designated by the Director.

11.3.4 Compliance

11.3.4.1 Compliance Schedules - All persons owning or controlling sources 

as described in Subsection 11.3.1 shall achieve compliance with 

Subsection 11.3.1 (a) through (c) not later than 1 July 1981 in 

accordance with the following schedule:

(a) Not later than 1 January 1980 - submit final plans, 

specifications and maintenance schedules of equipment to 
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be used to prevent gasoline vapor loss to the atmosphere 

and to comply with Subsections 11.3.2.1 (a), (b) and (c) to 

the Director for approval in accordance with Section 

23-23-5 (j) of the General Laws of 1956, as amended, and 

Air Pollution Control Regulation 9.

(b) Not later than 1 March 1980 - award all necessary contracts 

for the implementation of the approved plans and 

specifications.

(c) not later than 1 October 1980 - submit a progress report to 

the Director on the expected delivery date of all capital 

equipment ordered to comply with Subsection 11.3.2.1 (a) 

through (c).

(d) Not later than 1 March 1981 - initiate any construction, 

modification and/or installation required by the approved 

plans and specifications.

(e) Not later than 1 July 1981 - complete any actions described 

in Subsection 11.3.4.1 (d).

11.3.4.2 The achievement of Items (b), (d) and (e) of Subsection 11.3.4.1 

will be reported in writing within five (5) days to the Director.

11.3.4.3 All records and reports will include supporting documentation as 

appropriate.

11.3.5 Compliance Test Methods

11.3.5.1 Compliance with the emission limitations set forth in Section 11.3 

shall be determined by using the procedures, compliance averaging 

times (6 hours), and test methods which are detailed in 40 CFR 

60.503 or any other method approved by the Director and EPA. 

11.4 Bulk Gasoline Plants

11.4.1 This regulation will apply to the unloading, loading and storage facilities of all 

bulk gasoline plants and all tank trucks delivering or receiving gasoline at bulk 

gasoline plants. If a source is ever considered a bulk plant because it 

surpasses the daily throughput under the definition in 11.1.3 of this regulation, 

it is always subject to this regulation even if it goes below the daily

throughput.
Page 9 of 31

11.4.2 Prohibitions

11.4.2.1 No owner or operator of a bulk gasoline plant, tank truck, railroad 

tank car or trailer may permit the loading or unloading of account 

trucks, tank trucks, railroad tank cars or trailers at a bulk gasoline 

plant unless each account truck, tank truck, railroad tank car, or 

trailer is equipped with a vapor balance system as described in 

subsection 11.4.2.2 and approved by the Director, and 

(a) equipment is available at the bulk gasoline plant to provide 

for the submerged filling of each tank truck, railroad tank 

car or trailer, or

(b) each tank truck, railroad tank car or trailer is equipped for 

bottom filling.

11.4.2.2 Vapor balance systems required under Subsection 11.4.2.1 shall 

prevent the release of volatile organic material to the atmosphere to 

the best extent possible and shall consist of the following major 

components:

(a) a vapor space connection on the stationary storage tank 

equipped with fittings which are vapor tight and will 

automatically and immediately close upon disconnection so 

as to prevent release of volatile organic material to the best 

extent possible, and

(b) a connecting pipe or hose equipped with fittings which are 

vapor tight and will automatically and immediately close 

upon disconnection so as to prevent release of volatile 

organic material to the best extent possible, and

(c) a vapor space connection on the tank truck, railroad tank 

car or trailer equipped with fittings which are vapor tight 

and will automatically and immediately close upon 

disconnection so as to prevent release of volatile organic 

material to the best extent possible.

11.4.2.3 No owner or operator of a bulk gasoline plant may permit gasoline 

to be spilled, discarded in sewers, stored in open containers or 

handled in any other manner that would result in evaporation.

11.4.3 Records
Page 10 of 31

11.4.3.1 Records shall be maintained at the facility by the owner or operator 

of a bulk gasoline plant and shall include:

(a) records of daily throughput quantities of gasoline, 

(b) records for both scheduled and unscheduled maintenance of 

vapor balance equipment as described in Subsection 

11.4.2.2.

11.4.3.2 Records cited in Subsection 11.4.3.1 should be maintained for a 

period of three (3) years and should be accessible for review by the 

Director or personnel designated by the Director.

11.4.4 Compliance

11.4.4.1 Compliance Schedules - All persons owning or controlling sources 

as described in Subsection 11.4.1 shall register with the Director 

no later than three (3) months after the effective date of this 

regulation. Compliance schedules will be negotiated on a 

case-by-case basis.

11.4.5 Compliance Test Methods - Compliance with the emission limitations set forth in 

Section 11.4 shall be determined by using the procedures and test methods which 

are detailed in Appendices B and C of EPA publication entitled Control of 

Volatile Organic Compound Leaks from Gasoline Tank Trucks and Vapor 

Collection Systems, Guideline Series Publication No. EPA-450/2-78-051 

(OAQPS No. 1.2-119).

11.5 Gasoline Service Station Stage I Vapor Controls

11.5.1 This section will apply to all gasoline dispensing facilities with the following 

exceptions:

(a) Stationary gasoline storage vessels of less than 550 gallons capacity

used exclusively for the fueling of implements of husbandry, provided 

the containers are equipped with submerged fill pipes, or

(b) Stationary storage vessels located at a gasoline dispensing facility with 

a capacity of less than 2000 gallons which is in place before 1 July

1979, or

(c) any stationary storage vessels located at a gasoline dispensing facility

with a capacity of 250 gallons or less which is installed after the 

effective date of this regulation.
Page 11 of 31

(d) Any gasoline dispensing facility that is solely serviced by account 

trucks owned or under the control of bulk gasoline plants that are 

exempt from Section 11.4 of this regulation.

(e) Any gasoline dispensing facility with an annual throughput of 120,000 

gallons or less, a rolling 30 day throughput of less than 10,000 gallons, 

certified by the Division. The owner/operator of the affected facility

shall submit tax records, sales slips or any other material to certify the 

quantity of the rolling 30 day throughput is less than 10,000 gallons for 

the most recent calendar year. A request for exemption certification 

shall be made to the Division no later than 1 May 1981.

11.5.2 Prohibitions

11.5.2.1 Except as provided in Subsection 11.5.1, no person may transfer or 

cause or allow the transfer of gasoline from any delivery vessel 

into any stationary storage vessel unless the stationary storage 

vessel is equipped with a submerged fill pipe and the vapors 

displaced from the storage vessel during filling are processed by a 

vapor control system in accordance with Subsection 11.5.2.2.

11.5.2.2 The vapor control system required by

Subsection 11.5.2.1 shall include one or more of the following: 

(a) A vapor tight line from the storage vessel to the delivery

vessel and a system that will ensure that vapors will be 

transferred from the storage vessel to the delivery vessel to 

include the following systems:

(1) Installation of a vent pipe restrictive device to 

include a vent pipe cape having an orifice of 1/2 

inch to 3/4 inch ID, and

(2) The vapor tight line from the storage vessel to the 

delivery vessel must be equipped with interlocking 

connections which will prevent fuel delivery unless 

the vapor line is connected.

(b) A refrigeration-condensation system or equivalent designed 

to recover or process vapors that prevents emissions of 

volatile organic compounds to the atmosphere from 

exceeding 0.30 grams per gallon (80.0 grams/1000 liters) of 

gasoline loaded, or
Page 12 of 31

(c) A system demonstrated to have control efficiency

equivalent to or greater than provided under Subsection 

11.5.2.2 (a) and (b) and approved by the Director and EPA.

11.5.2.3 The vapor-laden delivery vessel shall be subject to the following 

conditions:

(a) The delivery vessel must be designed and maintained to be 

vapor tight at all times, and

(b) The vapor-laden delivery vessel may be re-filled only at:

(1) bulk gasoline terminals complying with Section 

11.3, or

(2) bulk gasoline plants complying with Section 11.4.

11.5.2.4 Each owner of a gasoline storage vessel and gasoline delivery

vessel covered by Subsection 11.5.2.1 shall:

(a) purchase and install all necessary control systems and make 

all necessary process modifications to comply with 

Subsections 11.5.2.2 and 11.5.2.3, and

(b) provide instructions to the operator of the gasoline 

dispensing facility utilizing a vapor control system as 

required in Subsection 11.5.2.2 (b) describing necessary

maintenance Operations and procedures for prompt 

notification of the owner in case of any malfunctions of the 

control system, and

(c) repair, replace or modify any worn out or malfunctioning 

component or element of design.

11.5.2.5 Each operator of a gasoline dispensing facility covered by

Subsection 11.5.2.2 shall:

(a) maintain and operate the control system in accordance with 

the specifications and the operating and maintenance 

procedures specified by the owner, and

(b) promptly notify the owner of the control system of any

schedule maintenance or malfunction requiring replacement 
Page 13 of 31

or repair of major components in the system.

11.5.3 Records

11.5.3.1 The operator shall maintain gauges, meters, or other specified 

equipment in proper working order. The operator of a gasoline 

dispensing facility covered by Subsection 11.5.2.2(b) shall 

maintain records at the facility and shall include:

(a) the scheduled date for maintenance or the date a 

malfunction was detected, and

(b) the date the need for maintenance or malfunction of major 

system components was reported to the owner, and

(c) the date the maintenance was performed or the malfunction 

corrected by either the operator or the owner.

(d) records of daily throughput quantities.

11.5.3.2 Records cited in Subsection 11.5.3.1 shall be maintained for a 

period of three (3) years and should be accessible for review by the 

Director or personnel designated by the Director.

11.5.4 Compliance

11.5.4.1 Compliance Schedule - All persons owning or controlling gasoline 

delivery vessels or gasoline storage vessels as described in 

Subsections 11.5.2.1, 11.5.2.2 and 11.5.2.3 shall achieve 

compliance with Subsection 11.5.2.4 not later than 1 July 1981 and 

shall achieve compliance with this subsection in accordance with 

the following schedule:

(a) No later than three (3) months after the effective date of 

this regulation all persons owning gasoline delivery or 

storage vessels shall submit to the Director the following 

information:

(1) The number of storage or delivery vessels that are 

controlled by said person,

(2) The number of storage or delivery vessels that 

would currently comply with the regulations,
Page 14 of 31

(3) The approximate yearly throughput of gasoline from 

each gasoline dispensing facility.

(b) Not later than 1 October 1979 submit final plans, 

specifications and maintenance schedules of equipment 

used to prevent gasoline vapor loss to the atmosphere and 

used to comply with Subsection 11.5.2.4 to the Director for 

approval in accordance with Section 23-23-5 (j) of the

General Laws of 1956, as amended.

(c) Not later than 1 January 1980 award all necessary contracts 

for implementation of the approved plans and 

specifications.

(d) Not later than 1 March 1980 initiate

any construction, modification and/or installation required 

by the approved plans and specifications.

(e) Submit to the Director on 1 October 1980 a progress report 

of the activities required by Subsection 11.5.4.1 (d).

11.5.4.2 The achievement of Item (c) of Subsection 11.5.4.1 shall be 

reported in written form within five (5) days to the Director.

11.5.4.3 All records and reports will include supporting documentation as 

appropriate.

11.5.5 Compliance Test Methods

11.5.5.1 Compliance test methods to be used in Section 11.5 of this 

regulation will follow Appendix B - Gasoline Vapor Leak 

Detection Procedures by Combustible Gas Detector, which is 

detailed in the EPA document entitled Control of Volatile Organic 

Compound Leaks from Gasoline Tank Trucks and Vapor 

Collection Systems, EPA-450/2-78-051, OAQPS No. 1.2-119.

11.5.5.2 The compliance test method as described in Subsection 11.5.5.1 

will be used to determine if a vapor-tight condition exists in:

(a) the line from the storage vessel to the delivery vessel during 

gasoline transfer, as described in Subsection 11.5.2.2 (a), 

and
Page 15 of 31

(b) the vapor-laden delivery vessel as described in Subsection 

11.5.2.3 (a).

11.6 Storage of Petroleum Liquids: External Floating Roof Vessels

11.6.1 Prohibitions

11.6.1.1 No person shall place, store or hold gasoline in a storage tank 

having a capacity of 40,000 gallons or greater that is equipped with 

an external floating roof unless the vessel has been fitted with:

(a) a continuous secondary seal extending from the floating 

roof to the tank wall (rim-mounted secondary seal), or

(b) a closure or other device which controls volatile organic 

compound emissions by attaining or exceeding the 

requirements of Section 11.6.1.2 for a secondary seal 

required under this regulation and approved by the Director 

and EPA.

11.6.1.2 All seal closure devices must meet the following requirements:

(a) There are no visible holes, tears or other openings in the 

seal(s) or seal fabric, 

(b) The seal(s) is intact and uniformly in place around the 

circumference of the floating roof between the floating roof 

and the tank wall, and

(c) For tanks having vapor mounted primary seals, the 

accumulated area of gaps exceeding 0.32 cm (1/8 in.) in 

width between the secondary seal and the tank wall shall 

not exceed 21.2 cm2per meter of tank diameter (1.0 in.2 

per ft. of tank diameter), as determined by the method in 

Subsection 11.6.4.3.

11.6.1.3 All openings in the external floating roof, except for automatic 

bleeder vents, rim space vents and leg sleeves, must:

(a) be equipped with covers, seals or lids in the closed position 

except when the openings are in actual use, and 

(b) provide projections below the liquid surface at all times.

11.6.1.4 Automatic bleeder vents must be closed at all times except when 
Page 16 of 31

the roof is being floated off or being landed on the roof leg 

supports.

11.6.1.5 Rim vents shall be set to open when the roof is being floated off 

the leg supports or at the manufacturer's recommended setting.

11.6.1.6 Emergency roof drains shall be provided with slotted membrane 

fabric covers or equivalent covers which cover at least 90 percent 

of the area of the opening.

11.6.2 Inspection and Reporting Requirements

11.6.2.1 The owner or operator of a petroleum liquid storage vessel with an 

external floating roof subject to this regulation shall:

(a) perform routine inspections semiannually in order to ensure 

compliance with Section 11.6 of this regulation and the 

inspection of the secondary seal gap,

(b) measure the secondary seal gap annually in accordance with 

Subsection 11.6.4.3 (a) and (b) when the floating roof is 

equipped with a vapor-mounted primary seal or liquidmounted primary seal, except that measurements in riveted 

tanks shall not be made when the roof is floating at a level 

that places the secondary seal in contact with a horizontal 

rivet seam, 

(c) maintain records at the facility of the results of the 

inspections required above for a period of three (3) years 

after an inspection,

(d) provide copies of all records under this section to the 

Director, upon verbal or written request, at any reasonable 

time.

(e) Maintain records at the facility which report monthly

throughput quantities, types of petroleum liquids stored, 

average monthly storage temperature, and true vapor 

pressures of the stored liquid.
Page 17 of 31

11.6.3 Compliance Schedules

11.6.3.1 The owner or operator of a petroleum liquid storage vessel with an 

external floating roof subject to this regulation shall:

(a) submit a schedule to the Director within three (3) months of 

the effective date of this regulation that contains the 

following elements:

(1) date when final plans for the emission control 

system are to be submitted, and

(2) date when contracts are to be awarded for the 

emission control system.

(b) complete on-site construction or installation of the emission 

control equipment within ten (10) months of the effective 

date of this regulation, and

(c) achieve final compliance within twelve (12) months of the 

effective date of this regulation.

11.6.3.2 The owner or operator subject to a compliance schedule of this 

section shall certify to the Director within five (5) days after the 

deadline for each increment of progress as to whether the required 

increment of progress has been met.

11.6.4 Testing and Monitoring

11.6.4.1 The owner or operator of any volatile organic compound source 

required to comply with Section 11.6 of this regulation shall 

demonstrate compliance by the methods of this section or an 

alternative method approved by the Director and EPA.

11.6.4.2 A person proposing to conduct a volatile organic compound 

emissions test shall notify the Director of the intent to test not less 

than fifteen (15) days before the proposed initiation of the tests so 

the Director may have the option to observe the test. The 

notification shall contain the information required by, and be in a 

format approved by, the Director.

11.6.4.3 Compliance with Subsection 11.6.1.2 (c) of this regulation shall be 

determined by:
Page 18 of 31

(a) physically measuring the length and width of all gaps 

around the entire circumference of the secondary seal in 

each place where a 0.32 cm (1/8 in.) uniform diameter 

probe passes freely (without forcing or binding against the 

seal) between the seal and tank wall, and

(b) summing the area of the individual gaps.

11.7 Reid Vapor Pressure

11.7.1 No person shall store, sell, or supply as fuel at or from bulk gasoline terminals 

and bulk gasoline plants a gasoline having a Reid Vapor Pressure greater than 

9.0 pounds per square inch, except as specified in Subsection 11.7.2, during the 

period 1 May through 15 September of each year, beginning in 1989.

(a) No person shall deliver gasoline having a Reid Vapor Pressure greater than 

9.0 pounds per square inch to a gasoline dispensing facility during the 

period 1 May through 15 September of each year, beginning in 1989.

(b) No gasoline dispensing facility shall receive gasoline having a Reid Vapor 

Pressure greater than 9.0 pounds per square inch during the period 1 May

through 15 September of each year, beginning in 1989.

11.7.2 No person shall store, sell, or supply as fuel at or from bulk gasoline terminals 

and bulk gasoline plants a gasoline-ethanol blend containing at least 9% ethanol 

which has a Reid Vapor Pressure greater than 10.0 pounds per square inch 

during the period 1 May through 15 September of each year, beginning in 1989.

(a) No person shall deliver a gasoline-ethanol blend containing at least 9% 

ethanol which has a Reid Vapor Pressure greater than 10.0 pounds per 

square inch to a gasoline dispensing facility during the period 1 May

through 15 September of each year, beginning in 1989.

(b) No gasoline dispensing facility shall receive a gasoline-ethanol blend 

containing at least 9% ethanol which has a Reid Vapor Pressure greater 

than 10.0 pounds per square inch during the period 1 May through 15 

September of each year, beginning in 1989.

11.7.3 Sampling and testing of gasoline shall be in accordance with ASTM Method 

D323-82 or any equivalent method approved by the Director and EPA.

11.8 Tank Truck Certification and Vapor Collection Systems
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11.8.1 This regulation shall apply to all gasoline tank trucks equipped for gasoline 

vapor collection.

11.8.2 Prohibitions

11.8.2.1 No person shall allow a gasoline tank truck to be filled or emptied 

unless the gasoline tank truck: 

(a) is tested annually according to the test procedure referenced 

in Section 11.8.4;

(b) sustains a pressure change of no more than .11 psi (3 inches 

of water) in five minutes when pressurized to a gauge 

pressure of .65 psi (18 inches of water) or evacuated to a 

gauge pressure of.22 psi (6 inches of water) during the 

testing required in Section 11.8.2.1 (a);

(c) is repaired by the owner or operator and retested within 15 

days of testing if it does not meet the criteria of Section 

11.8.2.1 (b);

(d) displays a sticker near the Department of Transportation 

Certification plate, which:

(1) shows the date the gasoline tank truck last passed 

the test required in Section 11.8.2.1(a);

(2) shows the identification number of the gasoline tank 

truck; and,

(3) expires not more than one year from the date of the 

leak tight test.

11.8.2.2 The owner or operator of a vapor collection system shall:

(a) design and operate the vapor collection system and the 

gasoline loading equipment in a manner that prevents:

(1) gauge pressure from exceeding .65 psi (18 inches of 

water) and a vacuum from exceeding .22 psi (6 

inches of water) in the gasoline tank truck;

(2) a reading equal to or greater than 100% of the lower 

explosive limit, LEL, measured as propane, at 2.5 
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centimeters from any potential leak source when 

measured by the method referenced in Section 

11.8.4 during the loading or unloading operations at 

gasoline dispensing facilities, bulk plants and bulk 

terminals;

(3) visible leaks during the loading and unloading 

operations at gasoline dispensing facilities, bulk 

plants and bulk terminals; and,

(b) within 15 days , repair and retest a vapor collection, or 

control system that exceeds the limits in Section 

11.8.2(a)(1).

11.8.2.3 The Director may, at any time, monitor a gasoline tank truck, vapor 

collection system, or vapor control system, by the method 

referenced in Section 11.8.4, to confirm continuing compliance 

with Sections 11.8.2.1 and 11.8.2.2. 

11.8.3 Compliance Schedule

11.8.3.1 The owner or operator of a gasoline tank truck subject to this 

regulation must meet the following increments of progress:

(a) Submit plans to the Director for operating and maintenance 

procedures to implement Sections 11.8.2 and 11.8.4 before 

January 15, 1990;

(b) Issue purchase orders for contracts for all needed test 

equipment before February 15, 1990; 

(c) Commence certification of gasoline tank trucks before May

15, 1990, and;

(d) Complete initial certification of all gasoline tank trucks by

June 1, 1990.

11.8.3.2 The owner or operator of a gasoline tank truck subject to a 

compliance schedule of this section shall certify to the Director 

within 5 days after the deadline for each increment of progress, 

whether the required increment of progress has been met.

11.8.4 Testing and Monitoring
Page 21 of 31

11.8.4.1 The owner or operator of a gasoline tank truck subject to this 

regulation shall, at his own expense, demonstrate compliance with 

Section 11.8.2 by the methods of Section 11.8.4.3 or an alternative 

method approved by the Director and EPA. All tests shall be made 

by, or under the direction of, a person qualified by training and/or 

experience in the field of air pollution testing or tank truck 

maintenance and testing and/or experience in the use of a 

combustible gas detector in the field of air pollution.

11.8.4.2 The owner or operator of a gasoline tank truck subject to this 

regulation shall notify the Director in writing of the date and 

location of the certification test at least 10 days before the 

anticipated test date.

11.8.4.3 Test procedure to determine compliance with Section 11.8.2 must 

be consistent with the test procedure described in 40 CFR Part 

60,Appendix A, Method 27.

11.8.4.4 Monitoring to confirm the continuing existence of leak tight 

conditions shall be consistent with the procedures described in 

Appendix B of the OAQPS Guideline Series document, "Control 

of Organic Compound Leaks from Gasoline Tank Trucks and 

Vapor Collection Systems," EPA 450/2-78-051 or an alternative 

method approved by the Director and EPA.

11.8.5 Recordkeeping and Reporting

11.8.5.1 An owner or operator subject to section 11.8 shall maintain records 

of all certification testing and repairs. The records must identify

the gasoline tank truck, vapor collection system, or vapor control 

system; the date of repair; and, if applicable , the type of repair and 

the date of retest. The records must be maintained in a legible, 

readily available condition for at least 2 years after the date of 

testing or repair was completed.

11.8.5.2 The records for certification tests required by Section 11.8.5.1 of 

this section, shall, as a minimum, contain:

(a) the gasoline tank truck identification number; 

(b) the initial test pressure and the time of reading;

(c) the final test pressure and the time of reading;
Page 22 of 31

(d) the initial test vacuum and the time of reading;

(e) the final test vacuum and the time of reading;

(f) at the top of each report page shall be the company name, 

and the date and location of the tests on that page; and,

(g) name, address and title of person conducting the test.

11.8.5.3 Copies of all records and reports under this Section shall 

immediately be made available to the Director and/or EPA, upon 

verbal or written request, at any reasonable time.

11.9 Any equivalence approval required by EPA in this regulation will not be effective 

until approved as a single source revision to the State Implementation Plan. 

11.10 Gasoline Dispensing Facilities - Stage II Vapor Controls

11.10.1 The requirements of this section shall apply to:

(a) All gasoline dispensing facilities constructed or substantially modified 

after 15 November 1992.

(b) All other gasoline dispensing facilities which have or have had a monthly

throughput of greater than 10,000 gallons in any one month after 

November 1991.

(c) The requirements in this section shall be presumed to apply to all gasoline 

dispensing facilities. It is the obligation of the person who owns, operates, 

leases, or controls a gasoline dispensing facility to demonstrate to the 

Department, in writing and with clear and convincing evidence, that the 

facility should be exempted from this regulation because its throughput 

has not exceeded 10,000 gallons in any month after November 1991. Any

such exempted facility shall be required to comply with the recordkeeping 

and reporting requirements specified in Subsections 11.10.3.1 and 

11.10.3.9.

(d) The requirements in this section shall not apply to gasoline dispensing 

facilities which dispense gasoline solely to marine vessels.

(e) Facilities constructed or substantially modified after 15 November 1992 

may submit to the Department, in writing, a request for an exemption to 

the requirements of this section. Exemption requests must demonstrate 
Page 23 of 31

that monthly throughput has not exceeded 10,000 gallons in any month 

since November 1991 and will not exceed 10,000 gallons in any future 

month and that installation of a Stage II system at the facility is not 

technically and/or economically feasible and must include, at a minimum, 

the following information:

(1) The nature of the facility;

(2) The number of dispensers, hoses and nozzles at the facility;

(3) The number and volume of all gasoline storage tanks at the facility; 

and

(4) Gasoline throughput for the facility for every month for the two 

years preceding the request or, for new facilities, expected 

maximum monthly gasoline throughput. 

Any facility that is granted an exemption by the Department pursuant to 

this subsection shall be required to comply with the recordkeeping and 

reporting requirements specified in Subsections 11.10.3.1 and 11.10.3.10.

11.10.2 Prohibitions and Requirements

11.10.2.1 Any person who owns, leases, operates, or controls a gasoline 

dispensing facility, except those facilities meeting the 

specifications of Subsection 11.10.1(c) and those facilities that are 

granted an exemption by the Department pursuant to the provisions 

of Subsection 11.10.1(e), shall, according to the schedule provided 

in Subsection 11.10.4:

(a) Install, at each gasoline dispensing pump, a Stage II vapor 

collection and control system that has been certified by the 

California Air Resources Board (CARB) as having a 

minimum control efficiency of 95 percent by weight and 

make any modifications to the facility necessary to properly

operate the system. All hoses in the system shall be 

coaxial. The system may include aftermarket parts, 

provided that those parts have been certified by CARB.

(b) All Stage II systems installed after 7 February 2001 must be 

certified according to CARB Vapor Recovery Certification 

Procedure CP-201, for underground storage tanks, or CP205, for aboveground storage tanks, as adopted 12 April 
Page 24 of 31

1996, or by applicable certification procedures adopted by

CARB subsequent to that date.

(c) All Stage II vapor and vent piping shall be made of a 

nonmetallic rigid type material unless the CARB 

certification for that Stage II system specifies that another 

type of piping may be used.

(d) Install pressure-vacuum (PV) vent valves on all Stage II 

systems. PV valve relief settings must be 3, plus or minus 

0.5, inches of water column pressure and 8, plus or minus 

2, inches water column vacuum, unless otherwise specified 

in the applicable CARB certification.

(e) Ensure that, prior to the initial operation of the Stage II 

vapor collection and control system, at least one facility

representative has attended a Stage II training session 

applicable to the Stage II system in place at that facility

which has been approved by the Director and by EPA. At 

all times, at least one person who has attended a Stage II 

training session applicable to the Stage II system in 

operation at the facility must be employed at the facility.

(f) Conspicuously post operating instructions for dispensing 

gasoline using the vapor collection and control system on 

the front of each gasoline dispensing pump. Such 

instructions must include a warning not to attempt 

continued refueling after initial automatic shutoff. 

Instructions shall also include the telephone number of the 

Department and a request that inoperative control devices 

be reported.

(g) Maintain the Stage II vapor collection and control system in 

proper operating condition as specified by the manufacturer 

and free of defects that would impair the effectiveness of 

the system, as defined by the state inspection criteria.

(h) Visually inspect all aboveground parts of the Stage II vapor 

collection and control system once a week. Such an 

inspection must, at a minimum, include checking for: 

missing components; slits and tears in nozzle boots; face 

cone defects; flattened, kinked or torn hoses; and faceplate 

defects which hinder contact with the fill inlet area.
Page 25 of 31

(i) Remove from service any dispenser if:

(1) Any part of the Stage II vapor collection and control 

system associated with that dispenser fails a 

compliance test conducted by or ordered by the 

Department or is found to be defective during a 

Department inspection, or

(2) Any part of the Stage II vapor collection and control 

system associated with that dispenser is not 

operating properly, or

(3) Any part of the Stage II vapor collection and control 

system associated with that dispenser is found to be 

defective during a visual inspection performed in 

accordance with Subsection 11.10.2.1(h).

If the defect is in a single hose or nozzle on a multiproduct 

dispenser, only the nozzle associated with the defect must 

be removed from service.

Any dispenser removed from service on the basis of test 

results shall be kept out of service until it has been 

demonstrated by retesting that the dispenser is in 

compliance. Any dispenser removed from service in 

accordance with any other provision of this subsection shall

be kept out of service until all defective or missing parts of 

the Stage II vapor collection and control system associated 

with the dispenser have been repaired or replaced.

11.10.2.2 Except as provided in Subsection 11.10.1, no person, owner, 

operator, or employee of a gasoline dispensing facility shall 

dispense or allow the dispensing of gasoline from a stationary

storage vessel into any motor vehicle fuel tank unless that gasoline 

dispenser is equipped with a properly operating Stage II vapor 

collection and control system certified by the California Air 

Resources Board and that system has been determined to be 

installed correctly according to the tests specified in Subsection 

11.10.3.3. Stage II systems that were certified according to a 

CARB certification procedure adopted after 12 April 1996 must be 

operated in accordance with the provisions of the applicable 

certification, including Enhanced Vapor Recovery provisions, if 

applicable.
Page 26 of 31

11.10.3 Testing, Recordkeeping and Reporting Requirements

11.10.3.1 On or before 15 November 1992 and when requested by the 

Department, the owner or operator of any gasoline dispensing 

facility shall report the following information to the Department in 

writing:

(a) Name and address of the facility,

(b) Name and address of owner or operator or other responsible 

individual,

(c) Number of nozzles used to dispense gasoline at the facility, 

and

(d) Monthly throughput for each of the previous 12 months.

11.10.3.2 At least thirty (30) days prior to the installation of a Stage II 

system, the person who owns, operates, leases, or controls the 

gasoline dispensing facility shall notify the Department in writing 

of the expected date of initiation of installation of the underground 

piping and of the type and manufacturer of the Stage II equipment. 

Such notification shall not be deemed to be an approval by the 

Department of the equipment being installed, or as compliance 

with the requirements of this section.

11.10.3.3 The following tests must be conducted on any Stage II vapor 

collection and control system prior to initial operation of the 

system:

(a) A Leak Test;

(b) A Liquid Blockage Test, which must be performed on every

nozzle on the Stage II system;

(c) A Vapor Space Tie Test;

(d) A Ten Gallon per Minute Test;

(e) For vacuum assist Stage II systems, an Air to Liquid Ratio 

(A/L) Test, which must be performed on every nozzle on 

the Stage II system. If more than one product is dispensed 

through a single nozzle, A/L testing must be performed on 

that nozzle for each product dispensed; and
Page 27 of 31

(f) All additional tests specified in the CARB certification 

applicable to that Stage II system 

11.10.3.4 The function of all Stage II vapor collection and control systems 

shall be retested prior to operation of the system after any major 

system modification. Testing shall include all tests listed in 

Subsection 11.10.3.3. A major system modification is considered 

to be the occurrence of any one of the following:

(a) A modification which would cause the facility to be a 

substantially modified gasoline dispensing facility, as 

defined in Subsection 11.1.21 of this regulation,

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

piping system attached to a stationary storage tank equipped

with a Stage II system, excluding repairs which occur 

without excavation, or

(c) The change from one certified Stage II system 

configuration to another.

11.10.3.5 The function of all Stage II vapor collection and control systems 

shall be retested periodically according to the following schedule:

(a) A Leak test, a Vapor Space Tie Test, and a Ten Gallon per 

Minute Test shall be performed annually;

(b) A Liquid Blockage Test shall be performed once every

three years on every nozzle on the Stage II system;

(c) An Air to Liquid Ratio Test shall be performed annually on 

all vacuum assist systems; and

(d) All other tests required in the CARB certification 

applicable to that Stage II system shall be performed 

according to the frequency specified in that certification.

11.10.3.6 The Department may require a retest of the system any time that an 

inspection indicates that the vapor collection and control system 

may not be functioning properly. 

11.10.3.7 The owner or operator of a facility shall notify the Department of 

the date that testing will be conducted at least seven (7) days in 
Page 28 of 31

advance of testing and shall certify to the Department in writing 

within 15 days of the test that testing has been completed. Such 

certification shall be signed by the owner or operator of the facility

and shall include the date of installation of the Stage II vapor 

collection and control system and the results of the tests required in 

this section. Test results shall be signed and certified as accurate 

by the person who conducted the tests.

11.10.3.8 Leak, Liquid Blockage, and Vapor Space Tie Tests performed 

pursuant to the requirements of this section shall use the 

methodology specified in EPA's Technical Guidance - Stage II 

Vapor Recovery Systems for Control of Vehicle Refueling of 

Gasoline Dispensing Facilities, Volumes I and II, November 1991. 

Ten Gallon Per Minute Tests, Air to Liquid Ratio Tests, and any

additional tests required by the applicable CARB certification shall 

be performed using the current CARB methodology for those tests, 

unless otherwise specified by the Director.

11.10.3.9 The following records shall be maintained for a period of five years 

(unless otherwise noted) and shall be made available for inspection 

by representatives of the Department or the EPA on request:

(a) Dates and results of weekly visual inspections as required 

in Subsection 11.10.2.1(e),

(b) Date that any gasoline dispenser is removed from operation 

in compliance with the requirements specified in 

Subsection 11.10.2.1(f) and date that dispenser is returned 

to service,

(c) Identification of parts of the Stage II vapor collection and 

control system that are repaired or replaced, and dates of 

such replacements,

(d) Identification of any tests performed and the dates and 

results of such tests, and

(e) Proof of attendance and completion of training, as specified 

in Subsection 11.10.2.1 (b) for each employee who has 

received Stage II training. Such documentation shall be 

maintained as long as the employee continues to be 

employed by the facility.

Records maintained pursuant to Subsections 11.10.3.8 (a), (b) and 
Page 29 of 31

(c) for the two most current years shall be kept at the facility. All 

other records specified in this subsection shall be kept either at the 

facility or at a centralized location approved by the Department.

11.10.3.10 Any facility exempted from this section according to the provisions 

of Subsection 11.10.1 (c) or Subsection 11.10.1(e) shall maintain 

records at the facility documenting monthly throughput of gasoline 

at the facility and shall make those records available for inspection 

by representatives of the Department or the EPA on request. 

Documentation shall include dates and quantities of gasoline 

delivered and monthly records of the quantity of gasoline 

dispensed. All records shall be maintained for a period of five (5) 

years.

11.10.4 Compliance Schedule

11.10.4.1 All gasoline dispensing facilities subject to this section, as 

identified in Subsection 11.10.1, must comply with the provisions 

of Subsection 11.10.2 according to the following schedule:

(a) All gasoline dispensing facilities constructed or 

substantially modified on or after 15 November 1992 shall 

comply before commencing operation.

(b) All gasoline dispensing facilities constructed or 

substantially modified after 15 November 1990 but before 

15 November 1992 shall comply by 15 May 1993.

(c) All gasoline dispensing facilities not enumerated in (a) or 

(b) above which had a throughput of gasoline of 100,000 

gallons or more in any month after November 1991 shall 

comply by 15 November 1993.

(d) All gasoline dispensing facilities not enumerated in (a), (b), 

or (c) above which had a throughput of gasoline of 50,000 

gallons or more in any month after November 1991 shall 

comply by 15 May 1994.

(e) All other gasoline dispensing facilities subject to this 

section shall comply by 15 November 1994.

(f) Any gasoline dispensing facility which is initially exempt from 

this section because the monthly gasoline throughput at that 

facility did not exceed 10,000 gallons in any month between 
Page 30 of 31

November 1991 and 15 November 1992 which subsequently

has a throughput in excess of 10,000 gallons in any month must 

comply with the provisions of this section within 6 months of 

exceeding the 10,000 gallon threshold or by 15 November 

1994, whichever is later.

11.11 General Provisions

11.11.1 Purpose

The purpose of this regulation is to regulate the storage and marketing of 

petroleum liquids to minimize emissions of volatile organic compounds.

11.11.2 Authority

These regulations are authorized pursuant to R.I. Gen. Laws § 42-17.1-2(s) 

and 23-23, as amended, and have been promulgated pursuant to the 

procedures set forth in the R.I. Administrative Procedures Act, R.I. Gen. 

Laws Chapter 42-35

11.11.3 Application

The terms and provisions of this regulation shall be liberally construed to 

permit the Department to effectuate the purposes of state law, goals and 

policies.

11.11.4 Severability

If any provision of this regulation or the application thereof to any person 

or circumstance, is held invalid by a court of competent jurisdiction, the 

validity of the remainder of the regulation shall not be affected thereby.

11.11.5 Effective Date

The foregoing regulation, "Petroleum Liquids Marketing and Storage”, as 

amended, after due notice, is hereby adopted and filed with the Secretary

of State this _____29th____ day of ___June________, 2007__ to become 

effective twenty (20) days thereafter, in accordance with the provisions of 

Chapters 23-23, 42-35, 42-17.1, 42-17.6, of the General Laws of Rhode 

Island of 1956, as amended.
Page 31 of 31

W. Michael Sullivan, PhD., Director

Department of Environmental Management

Notice Given on: February 21, 2007

Public Hearing held: March 23, 2007

Filing Date: June 29, 2007

Effective Date: July 19,2007