§ 22a-174e — Decommissioning of stage II vapor recovery systems. Pressure decay test of stage I vapor recovery systems. Placement of disabling device.

Connecticut § 22a-174e

• Jurisdiction: Connecticut
• Title 22a: Environmental Protection
• Ch. 446c: Air Pollution Control

Text

(a) As used in this section: (1) “Decommission” means to render inoperable an operational stage II vapor recovery system by (A) permanently disconnecting all above-ground stage II vapor recovery equipment, and (B) sealing all above-ground and below-ground vapor or liquid paths that may release to the ambient air. Decommission does not require removal of below-ground stage II vapor recovery equipment; (2) “Gasoline dispensing facility” means any site where gasoline is transferred to a motor vehicle from any stationary storage tank with a capacity of two hundred fifty gallons or more; (3) “Pressure decay test” means an integrity test of the ullage portion of a gasoline storage system, during which such storage system is pressurized, pressure changes are monitored for a specified period of time and the final pressure is compared to an allowable value; (4) “Stage I vapor recovery system” means a vapor recovery system that prevents the discharge to the ambient air of gasoline vapors while gasoline is transferred between a delivery vehicle and a gasoline dispensing facility; and (5) “Stage II vapor recovery system” or “stage II vapor recovery equipment” means a vapor recovery system that prevents the discharge to the ambient air of gasoline vapors displaced during the dispensing of gasoline into a motor vehicle fuel tank. (b) On or before July 1, 2015, the owner of any gasoline dispensing facility shall decommission any installed stage II vapor recovery equipment in accordance with subsection (c) of this section, notwithstanding any requirements in the regulations of Connecticut state agencies adopted by the Department of Energy and Environmental Protection pertaining to stage II vapor recovery systems. On or after June 18, 2013, no owner of any gasoline dispensing facility shall install a stage II vapor recovery system. (c) Decommissioning of a stage II vapor recovery system shall: (1) Begin after such owner has notified the commissioner of the intent to decommission; (2) be performed in accordance with Section 14 of the 2009 “Recommended Practices for Installation and Testing of Vapor Recovery Systems at Vehicle Refueling Sites” of the Petroleum Equipment Institute; and (3) be completed within one hundred days from initiation, unless the Commissioner of Energy and Environmental Protection grants an extension of time for good cause after a request for such extension by the owner of a gasoline dispensing facility. Such notification shall be made at least thirty days prior to decommissioning on a form prescribed by the commissioner. (d) The owner of any gasoline dispensing facility with a stage I vapor recovery system annually shall perform a pressure decay test of such system. Such owner shall notify the Commissioner of Energy and Environmental Protection at least seven business days prior to a scheduled test on a form prescribed by the commissioner. (e) (1) If the Commissioner of Energy and Environmental Protection determines that (A) the owner or operator of any gasoline dispensing facility with a stage I vapor recovery system failed to perform the annual pressure decay test of such vapor recovery system, as prescribed in subsection (d) of this section, or (B) a stage I vapor recovery system is not operating in accordance with regulations adopted pursuant to this chapter, the Commissioner of Energy and Environmental Protection may prevent the use of such system by placing a disabling device onto the dispenser of a gasoline dispensing facility, provided the commissioner shall give the owner or operator of any gasoline dispensing facility with a stage I vapor recovery system that is not operating in accordance with regulations adopted pursuant to this chapter forty-eight hours' notice prior to placing such disabling device onto the dispenser of a gasoline dispensing facility. Except for the purpose of fully correcting any such violation, as described in subdivision (3) of this subsection, no person or municipality shall remove, alter, deface or tamper with any disabling device placed onto the dispenser of a gasoline dispensing facility by the commissioner pursuant to this subdivision. (2) Not later than two business days after placing a disabling device onto the dispenser of a gasoline dispensing facility pursuant to subdivision (1) of this subsection, the commissioner shall provide the owner or operator of the affected gasoline dispensing facility with an opportunity for a hearing. Any such hearing shall be limited to a determination of whether any of the violations for which the commissioner took action pursuant to subdivision (1) of this subsection occurred and whether any such violation is continuing. (3) A gasoline dispensing facility's dispenser upon which a disabling device is placed pursuant to subdivision (1) of this subsection shall not be put back into service and shall not be used for dispensing gasoline until each of the violations that caused the disabling device to be placed upon such dispenser is fully corrected to the satisfaction of the commissioner. Not later than twenty-four hours after receipt of notification by the owner or operator of such gasoline dispensing facility that each violation was fully corrected, the commissioner shall determine whether each such violation was fully corrected. (4) The owner or operator of a gasoline dispensing facility with a violation described in subdivision (1) of this subsection may return such system to service if the commissioner determines that each violation was fully corrected or the owner or operator provides the commissioner with a written affidavit, as described in subdivision (5) of this subsection. The commissioner shall review the corrective actions specified in such affidavit on the day such system is returned to service or the next business day, in the event such day is a Saturday, Sunday or legal holiday. (5) Any affidavit submitted to the commissioner pursuant to subdivision (4) of this subsection shall fully describe all actions taken to fully correct each of the violations that caused a disabling device to be placed upon such system by the commissioner and shall certify that each such violation was fully corrected before such system was returned to service.

Legislative History

(P.A. 91-332; P.A. 93-312, S. 4, 7; P.A. 99-225, S. 11; P.A. 11-80, S. 1; P.A. 13-120, S. 1; P.A. 15-160, S. 1.) History: P.A. 93-312 extended coverage, after July 1, 1993, to facilities which dispense 1,000 gallons of gasoline per month and existing facilities which replace tanks with capacity of 1,000 gallons or more and broadened authority of commissioner re required equipment in vapor recovery systems, effective June 9, 1993; P.A. 99-225 added a provision authorizing regulations regarding annual testing of vapor recovery equipment in accordance with methods approved by the California Air Resources Board; pursuant to P.A. 11-80, “Commissioner of Environmental Protection” was changed editorially by the Revisors to “Commissioner of Energy and Environmental Protection”, effective July 1, 2011; P.A. 13-120 replaced former provisions with Subsec. (a) defining “decommission”, “gasoline dispensing facility”, “pressure decay test”, “stage I vapor recovery system” and “stage II vapor recovery system”, Subsec. (b) re decommissioning stage II vapor recovery systems, Subsec. (c) re requirements for decommissioning and Subsec. (d) re pressure decay test of stage I vapor recovery systems, effective June 18, 2013; P.A. 15-160 added Subsec. (e) re placement of disabling device, effective July 1, 2015.