Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 40 - EXISTING STATIONARY SOURCES › Part II - Emission Standards › Article 37 - Emission Standards for Petroleum Liquid Storage and Transfer Operations › Section 9VAC5-40-5210 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
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 ).