Virginia Administrative Code

Database updated through January 6, 2011

Article 37 

Emission Standards for Petroleum Liquid Storage and Transfer Operations (Rule 4-37) 

9VAC5-40-5200. Applicability and designation of affected facility. 

A. Except as provided in subsection C of this section, the affected facility to which the provisions of 

this article apply is each operation involving the storage or transfer of petroleum liquids or both. 

B. Except as provided in subdivisions 1, 2 and 3 of this subsection, the provisions of this article apply 

to sources of volatile organic compounds in volatile organic compound emissions control areas 

designated in 9VAC5-20-206. 

1. The emission standards in 9VAC5-40-5220 C, D, E, and G shall not apply to affected facilities in 

the following localities: Botetourt County, Frederick County, and Winchester City. 

2. The emission standard in 9VAC5-40-5220 F shall apply only to affected facilities in the Northern 

Virginia and Richmond Volatile Organic Compound Emissions Control Areas. For the purposes of 

applicability of 9VAC5-40-5220 F only, the Richmond Emissions Control Area does not include 

Prince George County and Petersburg City. 

3. The emission standard in 9VAC5-40-5220 C shall apply to affected facilities in Bedford County. 

C. The provisions of this article do not apply to affected facilities using petroleum liquids with a vapor 

pressure less than 1.5 pounds per square inch absolute under actual storage conditions or, in the case of 

loading or processing, under actual loading or processing conditions. (Kerosene and fuel oil have vapor 

pressures of less than 1.5 pounds per square inch absolute under actual storage conditions; therefore, 

kerosene and fuel oil are not subject to the provisions of this article when used or stored at ambient 

temperatures). 

D. The burden of proof of eligibility for exemption from this article is on the owner. Owners seeking 

such an exemption shall maintain adequate records of average monthly throughput and furnish these 
records to the board upon request. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia; §§ 110 and 182 of the Clean Air Act; 40 CFR Part 51. 

Historical Notes 

Derived from VR120-04-3701, eff. January 1, 1993; amended, Virginia Register Volume 14, Issue 2, eff. 

January 1, 1998; Volume 16, Issue 24, eff. October 1, 2000; Volume 20, Issue 12, eff. March 24, 2004; 

Volume 22, Issue 26, eff. October 4, 2006. 

9VAC5-40-5210. Definitions. 

A. For the purpose of these regulations and subsequent amendments or any orders issued by the 

board, the words or terms shall have the meanings given them in subsection C of this section. 

B. As used in this article, all terms not defined here shall have the meanings given them in 9VAC5 

Chapter 10 (9VAC5-10-10 et seq.), unless otherwise required by context. 

C. Terms defined. 

"Average monthly throughput" means the average monthly amount of gasoline pumped at a gasoline 

dispensing facility during the two most recent consecutive calendar years or some other two-year period 

which is representative of normal source operation. If the board determines that no two-year period is 

representative of normal source operation, the board shall allow the use of an alternative period of time 

upon a determination by the board that it is more representative of normal source operation. Downtime, 

such as a full or significant shutdown of a facility's operation due to construction, shall not be included 

when calculating average monthly throughput. 

"Begin actual construction" means initiation of permanent physical on-site construction of a new 

gasoline dispensing facility. This includes, but is not limited to, installation of building supports and 

foundations, laying of underground pipework, and construction of permanent storage structures. 

"Bulk gasoline plant" means a secondary distribution point for delivering gasoline to local farms, 

businesses, service stations and other distribution points, where the total gasoline throughput is 20,000 
gallons or less per working day, based on the daily average for the most recent 12-month period. 

"Bulk gasoline terminal" means a primary distribution point for delivering gasoline to bulk plants, 

service stations and other distribution points, where the total gasoline throughput is greater than 20,000 

gallons per working day, based on the daily average for the most recent 12-month period. 

"Certified Stage II vapor recovery system" means any system certified by California Air Resources 

Board as having a vapor recovery or removal efficiency of at least 95%, and approved under the 

provisions of AQP-9, Procedures for Implementation of Regulations Covering Stage II Vapor Recovery 

Systems for Gasoline Dispensing Facilities (see 9VAC5-20-121). 

"Condensate" means a hydrocarbon liquid separated from natural gas which condenses due to 

changes in the temperature or pressure or both and remains liquid at standard conditions. 

"Crude oil" means a naturally occurring mixture which consists of any combination of hydrocarbons, 

sulfur, nitrogen or oxygen derivatives of hydrocarbons and which is a liquid at standard conditions. 

"Custody transfer" means the transfer of produced crude oil or condensate, after processing or 

treating or both in the producing operations, from storage tanks or automatic transfer facilities to pipelines 

or any other forms of transportation. 

"Defective equipment" means any absence, disconnection, or malfunctioning of a Stage II vapor 

recovery system component required by this article including, but not limited to, the following: 

a. A vapor return line that is crimped, flattened, blocked, or that has any hole or slit that allows 

vapors to leak out; 

b. A nozzle bellows that has any hole large enough to allow a 1⁄4-inch diameter cylindrical rod to 

pass through it or any slit one inch or more in length; 

c. A nozzle faceplate or cone that is torn or missing over 25% of its surface; 

d. A nozzle with no automatic overfill control mechanism, or an inoperable overfill control 

mechanism; and 

e. An inoperable or malfunctioning vapor processing unit, vacuum generating device, pressure or 
vacuum relief valve, vapor check valve or any other equipment normally used to dispense gasoline 

or is required by this article. 

"External floating roof" means a storage vessel cover in an open top consisting of a double deck or 

pontoon single deck which rests upon and is supported by the liquid being contained and is equipped with 

a closure seal or seals to close the space between the roof edge and tank shell. 

"Gasoline" means any petroleum distillate having a Reid vapor pressure of four pounds per square 

inch or greater. 

"Gasoline dispensing facility" means any site where gasoline is dispensed to motor vehicle tanks from 

stationary storage tanks. 

"Independent small business gasoline marketer" means a person engaged in the marketing of 

gasoline who owns one or more gasoline dispensing facilities and is required to pay for procurement and 

installation of vapor recovery equipment, unless such owner: 

a. Is a refiner; controls, or is controlled by, or is under common control with, a refiner; or is 

otherwise directly or indirectly affiliated with a refiner or with a person who controls, is controlled 

by, or is under a common control with a refiner (unless the sole affiliation is by means of a supply 

contract or an agreement or contract to use a trademark, tradename, service mark, or other 

identifying symbol or name owned by such refiner or any such person); or 

b. Receives less than 50% of his annual income from refining or marketing of gasoline. 

For the purposes of this definition, "control" of a corporation means ownership of more than 50% of its 

stock and "control" of a partnership, joint venture or other nonstock entity means ownership of more than 

a 50% interest in such partnership, joint venture or other nonstock entity. The lessee of a gasoline 

dispensing facility, for which the owner of such outlet does not sell, trade in, or otherwise dispense any 

product at wholesale or retail at such outlet, shall be considered an independent small business marketer 

if the lessee by lease agreement with the owner is required to pay for the cost of procurement and 

installation of vapor recovery equipment over a reasonable period. 
"Internal floating roof" means a cover or roof in a fixed roof tank which rests upon or is floated upon 

the liquid being contained and is equipped with a closure seal or seals to close the space between the 

roof edge and tank shell. 

"Liquid-mounted" means a primary seal mounted so the bottom of the seal covers the liquid surface 

between the tank shell and the floating roof. 

"Major system modification" means the replacement, repair or upgrade of 75% of a facility's Stage II 

vapor recovery system equipment. 

"Owner" means, for the purposes of this article, any person, including bodies politic and corporate, 

associations, partnerships, personal representatives, trustees and committees, as well as individuals who 

own, lease, operate, control or supervise an operation involving the storage or transfer of petroleum 

liquids or both. 

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

manufactured or extracted in a petroleum refinery. 

"Petroleum refinery" means any facility engaged in producing gasoline, kerosene, distillate fuel oils, 

residual fuel oils, lubricants or other products through distillation of petroleum or through redistillation, 

cracking, rearrangement or reforming of unfinished petroleum derivatives. 

"Refiner" means any person or entity that owns or operates a facility engaged in the production of 

gasoline, kerosene, distillate fuel oils, residual fuel oils, lubricants or similar products through distillation of 

petroleum or through redistillation, cracking, or reforming of unfinished petroleum derivatives and whose 

total refinery capacity (including the refinery capacity of any person or entity who controls, is controlled by 

or is under common control with, such refiner) is greater than 65,000 barrels per day. 

"Stage II vapor recovery system" means any equipment designed and used to collect, recover, or 

destroy, or any combination of those, gasoline vapors displaced during the transfer of gasoline into a 

motor vehicle fuel tank. 

"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, any fill pipe the discharge opening of which is entirely submerged when at the minimum 

operating level. 

"Vapor-mounted" means a primary seal mounted so there is an annular vapor space underneath the 

seal. The annular vapor space is bounded by the bottom of the primary seal, the tank shell, the liquid 

surface, and the floating roof. 

"Vapor tight" means capable of holding a pressure of 18 inH20 and a vacuum of 6 inH2O without 

sustaining a pressure change of more than 3 inH2O in five minutes. 

"Waxy, heavy pour crude oil" means a crude oil with a pour point of 50°F or higher as determined by 

the American Society for Testing and Materials publication, "Test for Pour Point of Petroleum Oils" (see 

9VAC5-20-21). 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

Derived from VR120-04-3702, eff. January 1, 1993; amended, Virginia Register Volume 18, Issue 7, eff. 

February 1, 2002. 

9VAC5-40-5220. Standard for volatile organic compounds. 

A. Petroleum liquid storage-fixed roof tanks. 

1. No owner or other person shall use or permit the use of any fixed roof tank of more than 40,000 

gallons capacity for storage of petroleum liquids, unless such tank is equipped with a control 

method which will remove, destroy or prevent the discharge into the atmosphere of at least 90% by 

weight of volatile organic compound emissions. 

2. Achievement of the emission standard in subdivision 1 of this subsection by use of methods in 

9VAC5-40-5230 A will be acceptable to the board. 

3. The provisions of this subsection shall not be applicable to fixed roof tanks having capacities 
less than 400,000 gallons for crude oil or condensate stored, processed or treated at a drilling and 

production facility prior to custody transfer. 

4. The owner of a fixed roof tank subject to the provisions of subdivision 1 of this subsection shall: 

a. When the fixed roof tank is equipped with an internal floating roof, perform a visual inspection 

annually of the floating cover through roof hatches, to ascertain compliance with the 

specifications in subdivisions 4 a (1) and (2) of this subsection. 

(1) The cover should be uniformly floating on or above the liquid and there should be no visible 

defects in the surface of the cover or liquid accumulated on the cover. 

(2) The seal must be intact and uniformly in place around the circumference of the cover 

between the cover and tank wall. 

b. Perform a complete inspection of the cover and seal and record the condition of the cover 

and seal when the tank is emptied for nonoperational reasons such as maintenance, an 

emergency, or other similar purposes. 

c. Maintain records of the throughput quantities and types of petroleum liquids stored, the 

average monthly storage temperature and true vapor pressure of the liquid as stored, and the 

results of the inspections performed under the provisions of subdivisions 4 a and b of this 

subsection. 

B. Petroleum liquid storage--floating roof tanks. 

1. No owner or other person shall use or permit the use of any floating roof tank of more than 

40,000 gallons capacity for storage of petroleum liquids, unless such tank is equipped with a 

control method which will remove, destroy or prevent the discharge into the atmosphere of at least 

90% by weight of volatile organic compound emissions. 

2. Achievement of the emission standard in subdivision 1 of this subsection by use of methods in 

9VAC5-40-5230 B will be acceptable to the board. 

3. The provisions of this subsection shall not be applicable to the following: 
a. Floating roof tanks having capacities less than 400,000 gallons for crude oil or condensate 

stored, processed or treated at a drilling and production facility prior to custody transfer. 

b. Floating roof tanks storing waxy, heavy pour crude oil. 

4. The owner of a floating roof tank subject to the provisions of subdivision 1 of this subsection 

shall: 

a. Perform routine inspections annually which shall include a visual inspection of the secondary 

seal gap. 

b. When the floating roof is equipped with a vapor-mounted primary seal, measure the 

secondary seal gap annually in accordance with subdivisions 4 b (1) and (2) of this subsection. 

(1) Physically measuring the length and width of all gaps around the entire circumference of the 

secondary seal in each place where a 1/8-inch uniform diameter probe passes freely (without 

forcing or binding against the seal) between the seal and tank wall; and 

(2) Summing the area of the individual gaps. 

c. Maintain records of the types of petroleum liquids stored, the maximum true vapor pressure 

of the liquid as stored, and the results of the inspections performed under the provisions of 

subdivisions 4 a and b of this subsection. 

C. Gasoline bulk loading--bulk terminals. 

1. No owner or other person shall cause or permit the discharge into the atmosphere from a bulk 

gasoline terminal (including any appurtenant equipment necessary to load the tank truck 

compartments) any volatile organic compound in excess of.67 pounds per 1,000 gallons of 

gasoline loaded. 

2. Achievement of the emission standard in subdivision 1 of this subsection by use of methods in 

9VAC5-40-5230 C will be acceptable to the board. 

D. Gasoline bulk loading--bulk plants. 

1. No owner or other person shall use or permit the use of any bulk gasoline plant (including any 
appurtenant equipment necessary to load or unload tank trucks and account trucks) unless such 

plant is equipped with a vapor control system that will remove, destroy or prevent the discharge 

into the atmosphere of at least 77% by weight of volatile organic compound emissions. 

2. Achievement of the emission standard in subdivision 1 of this subsection by use of methods in 

9VAC5-40-5230 D will be acceptable to the board. 

3. The provisions of this subsection shall not be applicable to facilities whose average daily 

throughput of gasoline is less than 4,000 gallons per working day when based on a 30-day rolling 

average. Average daily throughput means the average daily amount of gasoline pumped at a 

gasoline dispensing facility during the most recent 30-day period. Average daily throughput shall 

be calculated for the two most recent consecutive calendar years. If during this two-year period or 

any period thereafter, the average daily throughput exceeds 4,000 gallons per working day, the 

facility is no longer exempt from the provisions of subdivision 1 of this subsection. 

E. Transfer of gasoline--gasoline dispensing facilities--Stage I vapor control systems. 

1. No owner or other person shall transfer or permit the transfer of gasoline from any tank truck into 

any stationary storage tank unless such tank is equipped with a vapor control system that will 

remove, destroy or prevent the discharge into the atmosphere of at least 90% by weight of volatile 

organic compound emissions. 

2. Achievement of the emission standard in subdivision 1 of this subsection by use of methods in 

9VAC5-40-5230 E will be acceptable to the board. 

3. The provisions of this subsection shall not apply to the following: 

a. Transfers made to storage tanks that are either less than 250 gallons in capacity or located 

at facilities whose average monthly throughput of gasoline is less than 10,000 gallons. 

b. Transfers made to storage tanks equipped with floating roofs or their equivalent. 

F. Transfer of gasoline--gasoline dispensing facilities--Stage II vapor recovery systems. 

1. No owner or other person shall transfer or permit the transfer of gasoline into the fuel tank of any 
motor vehicle at any affected gasoline dispensing facility unless the transfer is made using a 

certified Stage II vapor recovery system that is designed, operated, and maintained such that the 

vapor recovery system removes, destroys or prevents the discharge into the atmosphere of at least 

95% by weight of volatile organic compound emissions. 

2. Achievement of the emission standard in subdivision 1 of this subsection by use of methods in 

9VAC5-40-5230 F will be acceptable to the board. 

3. The affected gasoline facilities shall be in compliance with the emissions standard in subdivision 

1 of this subsection according to the following schedule: 

a. Facilities which begin actual construction on or after January 1, 1993, must comply upon 

startup unless the facility can prove it is exempt under the provisions of subdivision 4 of this 

subsection. 

b. Facilities which begin actual construction after November 15, 1990, and before January 1, 

1993, must comply by May 15, 1993. 

c. Facilities which begin actual construction on or before November 15, 1990, and dispense an 

average monthly throughput of 100,000 gallons or more of gasoline must comply by November 

15, 1993. 

d. All other affected facilities which begin actual construction on or before November 15, 1990, 

must comply by November 15, 1994. 

4. The provisions of this subsection shall not apply to the following facilities: 

a. Gasoline dispensing facilities with an average monthly throughput of 10,000 gallons or less. 

b. Gasoline dispensing facilities owned by independent small business gasoline marketers with 

an average monthly throughput of 50,000 gallons or less. 

c. Gasoline dispensing devices that are used exclusively for refueling marine vehicles, aircraft, 

farm equipment, and emergency vehicles. 

5. Any gasoline dispensing facility subject to the provisions of this subsection shall also comply 
with the provisions of subsection E of this section (Stage I vapor controls). 

6. In accordance with the provisions of AQP-9, Procedures for Implementation of Regulations 

Covering Stage II Vapor Recovery Systems for Gasoline Dispensing Facilities (see 9VAC5-20-

121), owners of affected gasoline dispensing facilities shall: 

a. Register the Stage II system with the board and submit Stage II vapor recovery equipment 

specifications at least 90 days prior to installation of the Stage II vapor recovery system. 

Owners of gasoline dispensing facilities in existence as of January 1, 1993, shall contact the 

board by February 1, 1993, and register the Stage II vapor recovery system according to the 

schedule outlined in AQP-9. Any repair or modification to an existing Stage II vapor recovery 

system that changes the approved configuration shall be reported to the board no later than 30 

days after completion of such repair or modification. 

b. Perform tests, before the equipment is made available for use by the public, on the entire 

Stage II vapor recovery system to ensure the proper functioning of nozzle automatic shut-off 

mechanisms and flow prohibiting mechanisms where applicable, and perform a pressure 

decay/leak test, a vapor space tie test, and a liquid blockage test. In cases where use of one of 

the test methods in AQP-9 is not feasible for a particular Stage II vapor recovery system, the 

owner may, upon approval of the board, use an alternative test method. 

c. No later than 15 days after system testing is completed, submit to the board documentation 

showing the results of the tests outlined in subdivision 6 b of this subsection. 

d. Ensure that the Stage II vapor recovery system is vapor tight by performing a pressure 

decay/leak test and a liquid blockage test at least every five years, upon major system 

replacement or modification, or if requested by the board after evidence of a system 

malfunction which compromises the efficiency of the system. 

e. Notify the board at least two days prior to Stage II vapor recovery system testing as required 

by subdivisions 6 b and d of this subsection. 
f. Conspicuously post operating instructions for the vapor recovery system on each gasoline 

dispensing pump which includes the following information: 

(1) A statement, as described in Part III F 1 of AQP-9 (see 9VAC5-20-121), describing the 

benefits of the Stage II vapor recovery system. 

(2) A clear description of how to correctly dispense gasoline with the vapor recovery nozzles. 

(3) A warning that repeated attempts to continue dispensing gasoline, after the system has 

indicated that the vehicle fuel tank is full (by automatically shutting off) may result in spillage or 

recirculation of gasoline. 

(4) A telephone number to report problems experienced with the vapor recovery system to the 

board. 

g. Promptly and conspicuously post "Out Of Order" signs on any nozzle associated with any 

part of the vapor recovery system which is defective if use of that nozzle would allow escape of 

gasoline vapors to the atmosphere. "Out of order" signs shall not be removed from affected 

nozzles until said system has been repaired. 

h. Provide adequate training and written instructions for facility personnel to assure proper 

operation of the vapor recovery system. 

i. Perform routine maintenance inspections of the Stage II vapor recovery system on a daily and 

monthly basis and record the monthly inspection results as specified in Part III E of AQP-9 (see 

9VAC5-20-121). 

j. Maintain records on site, in a form and manner acceptable to the board, of operator training, 

system registration and equipment approval, and maintenance, repair and testing of the 

system. Original documents may be maintained at a centralized location only if copies of these 

documents are maintained onsite according to the requirements set forth in AQP-9. Records 

shall be retained for a period of at least two years, unless specified otherwise, and shall be 

made immediately available for inspection by the board upon request. 
G. Tank trucks/account trucks and vapor collection systems. 

1. No owner or other person shall use or permit the use of any tank truck or account truck that is 

loaded or unloaded at facilities subject to the provisions of subsection C, D or E of this section 

unless such truck is designed, maintained and certified to be vapor tight. In addition, there shall be 

no avoidable visible liquid leaks. Invariably there will be a few drops of liquid from disconnection of 

dry breaks in liquid lines even when well maintained; these drops are allowed. 

2. Vapor-laden tank trucks or account trucks exclusively serving facilities subject to subsection D or 

E of this section may be refilled only at facilities in compliance with subsection C of this section. 

3. Tank truck and account truck hatches shall be closed at all times during loading and unloading 

operations (periods during which there is liquid flow into or out of the truck) at facilities subject to 

the provisions of subsection C, D or E of this section. 

4. During loading or unloading operations at facilities subject to the provisions of subsection C, D 

or E of this section, there shall be no volatile organic compound concentrations greater than or 

equal to 100% of the lower explosive limit (LEL, measured as propane) at 2.5 centimeters around 

the perimeter of a potential leak source as detected by a combustible gas detector. In addition, 

there shall be no avoidable visible liquid leaks. Invariably there will be a few liquid drops from the 

disconnection of well-maintained bottom loading dry breaks and the raising of well-maintained top 

loading vapor heads; these few drops are allowed. The vapor collection system includes all piping, 

seals, hoses, connection, pressure-vacuum vents and other possible leak sources between the 

truck and the vapor disposal unit and between the storage tanks and vapor recovery unit. 

5. The vapor collection and vapor disposal equipment must be designed and operated to prevent 

gauge pressure in the tank truck from exceeding 18 in H20 and prevent vacuum from exceeding 6 

in H20. 

6. Testing to determine compliance with subdivision 1 of this subsection shall be conducted and 

reported and data shall be reduced as set forth in procedures approved by the board using test 

methods specified there. All tests shall be conducted by, or under the direction of, a person 
qualified by training or experience in the field of air pollution testing, or tank truck maintenance and 

testing and approved by the board. 

7. Monitoring to confirm the continuing existence of leak tight conditions specified in subdivision 4 

of this subsection shall be conducted as set forth in procedures approved by the board using test 

methods specified there. 

8. Owners of tank trucks and account trucks subject to the provisions of subdivision 1 of this 

subsection shall certify, each year that the trucks are vapor tight in accordance with test 

procedures specified in subdivision 6 of this subsection. Trucks that are not vapor tight must be 

repaired within 15 days of the test and be tested and certified as vapor tight. 

9. Each truck subject to the provisions of subdivision 1 of this subsection shall have information 

displayed on the tank indicating the expiration date of the certification and such other information 

as may be needed by the board to determine the validity of the certification. The means of display 

and location of the above information shall be in a manner acceptable to the board. 

10. An owner of a vapor collection/control system shall repair and retest the system within 15 days 

of the testing, if it exceeds the limit specified in subdivision 4 of this subsection. 

11. The owner of a tank/account truck or vapor collection/control system or both subject to the 

provisions of this section shall maintain records of all certification testing and repairs. The records 

must identify the tank/account truck, vapor collection system, or vapor control system; the date of 

the test or 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 two years after the date testing or 

repair was completed. 

12. The records of certification tests required by subdivision 11 of this subsection shall, as a 

minimum, contain the following: 

a. The tank/account truck tank identification number; 

b. The initial test pressure and the time of the reading; 
c. The final test pressure and the time of the reading; 

d. The initial test vacuum and the time of the reading; 

e. The final test vacuum and the time of the reading; and 

f. Name and the title of the person conducting the test. 

13. Copies of all records and reports required by this section shall immediately be made available 

to the board, upon verbal or written request, at any reasonable time. 

14. The board may, at any time, monitor a tank/account truck, vapor collection system, or vapor 

control system, by the method referenced in subdivision 6 or 7 of this subsection to confirm 

continuing compliance with subdivision 1 or 4 of this subsection. 

15. If, after over one year of monitoring (i.e., at least two complete annual checks), the owner of a 

truck subject to the provisions of subdivision 6 of this subsection feels that modification of the 

requirements are in order, the owner may request in writing to the board that a revision be made. 

The request should include data that have been developed to justify any modifications in the 

monitoring schedule. On the other hand, if the board finds an excessive number of leaks during an 

inspection, or if the owner finds an excessive number of leaks during scheduled monitoring, 

consideration shall be given to increasing the frequency of inspection. 

Statutory Authority 

§§ 10.1-1308 and 10.1-1322.3 of the Code of Virginia; §§ 108, 109, 110 and 302 of the Clean Air Act; and 

40 CFR Part 51. 

Historical Notes 

Derived from VR120-04-3703, eff. January 1, 1993; amended, Virginia Register Volume 20, Issue 12, eff. 

March 24, 2004. 

9VAC5-40-5230. Control technology guidelines. 

A. Petroleum liquid storage-fixed roof tanks. 

1. The tank should be a pressure tank maintaining working pressure sufficient at all times to 
prevent vapor loss to the atmosphere, or be designed and equipped with one of the following vapor 

control systems: 

a. An internal floating roof resting on the surface of the liquid contents and equipped with a 

closure seal, or seals, to close the space between the roof edge and tank shell. All tank 

gauging and sampling devices should be vapor tight except when gauging or sampling is taking 

place. 

b. Any system of equal or greater control efficiency to the system in subdivision A 1 a of this 

section, provided such system is approved by the board. 

2. There should be no visible holes, tears or other openings in the seal or any seal fabric. 

3. All openings, except stub drains, should be equipped with a cover, seal or lid. The cover, seal or 

lid should be in a closed position at all times except when the device is in actual use. Automatic 

bleeder vents should be closed at all times except when the roof is floated off or landed on the roof 

leg supports. Rim vents, if provided, should be set to open when the roof is being floated off the 

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

4. The exterior above ground surfaces (exposed to sunlight) should be painted white, light pastels, 

or light metallic and such exterior paint should be periodically maintained in good condition. 

Repainting may be performed during normal maintenance periods. 

B. Petroleum liquid storage-floating roof tanks. 

1. The tank should be designed and equipped with one of the following vapor control systems: 

a. An external floating roof resting on the surface of the liquid contents and equipped with a 

seal closure device (meeting the specifications set forth in subdivisions B 2 and 3 of this 

section) to close the space between the roof edge and tank shell. All tank gauging and 

sampling devices should be vapor tight except when gauging or sampling is taking place. 

b. Any system of equal or greater control efficiency to the system in subdivision B 1 a of this 

section, provided such system is approved by the board. 
2. Unless the tank is a welded tank fitted with a metallic-type shoe seal which has a secondary seal 

from the top to the shoe seal to the tank wall (a shoe-mounted secondary), the tank should be 

fitted with a continuous secondary seal extending from the floating roof to the tank wall (a rimmounted secondary) if: 

a. The tank is a welded tank, the true vapor pressure of the contained liquid is 4.0 psi or 

greater, and the primary seal is one of the following: 

(1) A metallic-type shoe seal. 

(2) A liquid-mounted foam seal. 

(3) A liquid-mounted liquid-filled type seal. 

(4) Any other seal closure device which can be demonstrated equivalent to the primary seals 

specified in subdivisions B 2 a (1) through (3) of this section. 

b. The tank is a riveted tank, the true vapor pressure of the contained liquid is 1.5 psi, or 

greater, and the seal closure device is as described in subdivision B 2 a of this section. 

c. The tank is a welded or riveted tank, the true vapor pressure of the contained liquid is 1.5 psi, 

or greater, and the primary seal is vapor mounted. When such primary seal closure device can 

be demonstrated equivalent to the primary seals described in subdivision B 2 a of this section, 

the provisions of that subdivision apply. 

3. The seal closure devices should meet the following requirements: 

a. There should be no visible holes, tears or other openings in the seal or any seal fabric. 

b. The seal should be intact and uniformly in place around the circumference of the floating roof 

between the floating roof and the tank wall. 

c. The areas where the gap between the secondary seal, installed pursuant to subdivision B 2 c 

of this section, and the tank wall exceeds 1/8 inch in width shall be calculated in square inches. 

The sum of all such areas shall not exceed 1.0 square inch per foot of tank diameter. 

4. All openings, except for automatic bleeder vents, rim space vents and leg sleeves, should 
provide a projection below the liquid surface. All openings, except stub drains, should be equipped 

with a cover, seal or lid. The cover, seal or lid should be in a closed position at all times except 

when the device is in actual use. Automatic bleeder vents should be closed at all times except 

when the roof is floated off or landed on the roof leg supports. Rim vents, if provided, should be set 

to open when the roof is being floated off the roof leg supports or at the manufacturer's 

recommended setting. Any emergency roof drain should be provided with a slotted membrane 

fabric cover or equivalent cover that covers at least 90% of the area of the opening. 

5. The exterior above ground surfaces (exposed to sunlight) should be painted white, light pastels, 

or light metallic and such exterior paint should be periodically maintained in good condition. 

Repainting may be performed during normal maintenance periods. 

C. Gasoline bulk loading-bulk terminals. The control system should consist of the following: 

1. A vapor collection and disposal system with the vapor disposal portion consisting of one of the 

following: 

a. Compression-refrigeration-adsorption system; 

b. Refrigeration system; 

c. Oxidation system; or 

d. Any system of equal or greater control efficiency to the systems in subdivisions C 1 a through 

c of this section, provided such system is approved by the board. 

2. A vapor collection and disposal system with the vapor collection portion meeting the following 

criteria: 

a. Loading should be accomplished in such manner that all displaced vapor and air will be 

vented only to the vapor disposal system. Measures should be taken to prevent liquid drainage 

from the loading device when it is not in use or to accomplish substantially complete drainage 

before the loading device is disconnected; 

b. The pressure relief valves on storage containers and tank trucks should be set to release at 
no less than 0.7 psi or the highest possible pressure in accordance with the following National 

Fire Prevention Association Standards: "Standard for Tank Vehicles for Flammable and 

Combustible Liquids," "Flammable and Combustible Liquids Code," "Code for Motor Fuel 

Dispensing Facilities and Repair Garages" (see 9VAC5-20-21); 

c. Pressure in the vapor collection lines should not exceed tank truck pressure relief valve 

settings; and 

d. All loading and vapor lines should be equipped with fittings which make vapor tight 

connections and which close when disconnected. 

D. Gasoline bulk loading-bulk plants. 

1. The control system should consist of one of the following: 

a. Submerged filling of account trucks and storage tanks (either top-submerged or bottom-fill) 

plus a vapor balance (displacement) system to control volatile organic compounds displaced by 

gasoline delivery to the storage tank and account truck; 

b. Top loading vapor recovery method of filling account trucks and storage tanks plus a vapor 

balance (displacement) system to control volatile organic compounds displaced by gasoline 

delivery to the storage tank and account truck; or 

c. Any system of equal or greater control efficiency to the system in subdivision D 1 a or b of 

this section, provided such system is approved by the board. 

2. The control system in subdivisions D 1 a and b of this section should meet the following 

equipment specifications and operating procedures: 

a. For top-submerged and bottom-fill. The fill pipe should extend to within six inches of the 

bottom of the storage tank and account truck during top-submerged filling operations. Any 

bottom fill is acceptable if the inlet is flush with the tank bottom; and 

b. For the balance system: 

(1) There should be no leaks in the account trucks' and tank trucks' pressure vacuum relief 
valves and hatch covers, nor tank trucks, account trucks, storage tanks or associated vapor 

return lines during loading or unloading operations. 

(2) The pressure relief valves on storage tanks, account trucks and tank trucks should be set to 

release at no less than 0.7 psi or the highest possible pressure in accordance with the following 

National Fire Prevention Association Standards: "Standard for Tank Vehicles for Flammable 

and Combustible Liquids," "Flammable and Combustible Liquids Code," "Code for Motor Fuel 

Dispensing Facilities and Repair Garages" (see 9VAC5-20-21). 

(3) Pressure in the vapor collection lines should not exceed account truck or tank truck 

pressure relief valve settings. 

(4) All loading and vapor lines should be equipped with fittings which make vapor tight 

connections and which close when disconnected. 

E. Transfer of gasoline-gasoline dispensing facilities-stage I vapor control systems. The control 

system should consist of the following: 

1. A submerged fill pipe; 

2. A vapor control system with the vapor recovery portion consisting of one of the following: 

a. A vapor tight return line from the storage container to the tank truck which shall be connected 

before gasoline is transferred into the container; 

b. Any adsorption system or condensation system; or 

c. Any system of equal or greater control efficiency to the systems in subdivision E 2 a or b of 

this section, provided such system is approved by the board. 

3. A vapor control system with the vapor balance portion meeting the following criteria: 

a. There should be no leaks in the tank truck's pressure vacuum relief valves and hatch covers, 

nor truck tanks, storage tanks and associated vapor return lines during loading or unloading 

operations; 

b. The pressure relief valves on storage containers and tank trucks should be set to release at 
no less than 0.7 psi or the highest possible pressure in accordance with the following National 

Fire Prevention Association Standards: "Standard for Tank Vehicles for Flammable and 

Combustible Liquids," "Flammable and Combustible Liquids Code," "Code for Motor Fuel 

Dispensing Facilities and Repair Garages" (see 9VAC5-20-21); 

c. Pressure in the vapor collection lines should not exceed tank truck pressure relief valve 

settings; and 

d. All loading and vapor lines should be equipped with fittings which make vapor tight 

connections and which close when disconnected. 

F. Transfer of gasoline-gasoline dispensing facilities-Stage II vapor recovery systems. 

1. Stage II vapor recovery systems shall be limited to those certified systems approved under the 

provisions of AQP-9, Procedures for Implementation of Regulations Covering Stage II Vapor 

Recovery Systems for Gasoline Dispensing Facilities (see 9VAC5-20-121), which utilize coaxial 

hoses and vapor check valves in the nozzle or remote vapor check valves which do not impede the 

performance of the functional tests required in subdivision F 6 b of 9VAC5-40-5220. 

2. Stage II vapor recovery systems installed prior to January 1, 1993, must meet the specifications 

of a system certified by the California Air Resources Board. Owners of Stage II vapor recovery 

systems utilizing remote check valves which will impede the performance of the functional tests 

required in subdivision F 6 b of 9VAC5-40-5220 and dual vapor recovery hoses shall replace these 

components with check valves in the nozzle and with coaxial hoses by January 1, 1995. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

Derived from VR120-04-3704, eff. January 1, 1993; amended, Virginia Register Volume 18, Issue 7, eff. 

February 1, 2002. 

9VAC5-40-5240. Standard for visible emissions. 
The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible 

Emissions and Fugitive Dust/Emissions, Rule 4-1) apply. 

Statutory Authority 

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia. 

Historical Notes 

Derived from VR120-04-3705, eff. January 1, 1985. 

9VAC5-40-5250. Standard for fugitive dust/emissions. 

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible 

Emissions and Fugitive Dust/Emissions, Rule 4-1) apply. 

Statutory Authority 

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia. 

Historical Notes 

Derived from VR120-04-3706, eff. January 1, 1985. 

9VAC5-40-5260. Standard for odor. 

The provisions of Article 2 (9VAC5-40-130 et seq.) of this chapter (Emission Standards for Odor, Rule 

4-2) apply. 

Statutory Authority 

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia. 

Historical Notes 

Derived from VR120-04-3707, eff. January 1, 1985. 

9VAC5-40-5270. Standard for toxic pollutants. 

The provisions of Article 3 (9VAC5-40-160 et seq.) of this chapter (Emission Standards for Toxic 

Pollutants, Rule 4-3) apply. 

Statutory Authority 
§§ 10.1-1307 and 10.1-1308 of the Code of Virginia. 

Historical Notes 

Derived from VR120-04-3708, eff. January 1, 1985. 

9VAC5-40-5280. Compliance. 

The provisions of 9VAC5-40-20 (Compliance) apply. 

Statutory Authority 

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia. 

Historical Notes 

Derived from VR120-04-3709, eff. January 1, 1985. 

9VAC5-40-5290. Test methods and procedures. 

The provisions of 9VAC5-40-30 (Emission Testing) apply. 

Statutory Authority 

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia. 

Historical Notes 

Derived from VR120-04-3710, eff. January 1, 1985. 

9VAC5-40-5300. Monitoring. 

The provisions of 9VAC5-40-40 (Monitoring) apply. 

Statutory Authority 

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia. 

Historical Notes 

Derived from VR120-04-3711, eff. January 1, 1985. 

9VAC5-40-5310. Notification, records and reporting. 

The provisions of 9VAC5-40-50 (Notification, Records and Reporting) apply. 
Statutory Authority 

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia. 

Historical Notes 

Derived from VR120-04-3712, eff. January 1, 1985. 

9VAC5-40-5320. Registration. 

The provisions of 9VAC5-20-160 (Registration) apply. 

Statutory Authority 

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia. 

Historical Notes 

Derived from VR120-04-3713, eff. January 1, 1985. 

9VAC5-40-5330. Facility and control equipment maintenance or malfunction. 

The provisions of 9VAC5-20-180 (Facility and Control Equipment Maintenance or Malfunction) apply. 

Statutory Authority 

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia. 

Historical Notes 

Derived from VR120-04-3714, eff. January 1, 1985. 

9VAC5-40-5340. Permits. 

A permit may be required prior to beginning any of the activities specified below and the provisions of 

9VAC5 Chapter 50 (9VAC5-50-10 et seq.) and 9VAC5 Chapter 80 (9VAC5-80-10 et seq.) may apply. 

Owners contemplating such action should contact the appropriate regional office for guidance. 

1. Construction of a facility. 

2. Reconstruction (replacement of more than half) of a facility. 

3. Modification (any physical change to equipment) of a facility. 

4. Relocation of a facility. 
5. Reactivation (restart-up) of a facility. 

Statutory Authority 

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia. 

Historical Notes 

Derived from VR120-04-3715, eff. January 1, 1985.