OAR 340-244-0245: Gasoline Dispensing Facilities: Work Practices, No Top Off, and Submerged Fill

(1) Work Practices. The owner or operator of a GDF must not allow gasoline to be handled in a manner that would result in vapor releases to the atmosphere for extended periods of time. Measures to be taken include, but are not limited to, the following: (a) Minimize gasoline spills; (b) Do not top off or overfill vehicle tanks. (A) If a person can confirm that a vehicle tank is not full after the nozzle clicks off, such as by checking the vehicle’s fuel tank gauge, the person may continue to dispense fuel using best judgment and caution to prevent a spill; (B) Post sign(s) at the GDF instructing a person filling up a motor vehicle to not top off the vehicle tank. A sign must be placed on each gasoline dispenser, or on a permanent fixture within six feet of the dispenser, and be clearly visible to an individual using the hose and nozzle to dispense gasoline; (c) Clean up spills as expeditiously as practicable. The owner or operator must develop a written plan that describes how a spill will be cleaned up upon occurrence. The plan must include, but is not limited to, where spill materials are located, a brief description of how each is used, and an explanation of how the owner or operator is implementing the ‘as expeditiously as practicable’ requirement of this subsection (c). (d) Cover all open gasoline containers and all gasoline storage tank fill-pipes with a gasketed seal when not in use; (e) Minimize gasoline sent to open waste collection systems that collect and transport gasoline to reclamation and recycling devices, such as oil/water separators. (f) Ensure that cargo tanks unloading gasoline at the GDF comply with subsections (1)(a) through (d). (2) Submerged Fill. Except for gasoline storage tanks with a capacity of less than 250 gallons, the owner or operator of a GDF must only load gasoline into storage tanks at the GDF by utilizing submerged filling, as defined in OAR 340-244-0232, and as specified in subsection (2)(a), (2)(b), or (2)(c). The applicable distances in subsections (2)(a) and (2)(b) must be measured from the point in the opening of the submerged fill pipe that is the greatest distance from the bottom of the storage tank. (a) Submerged fill pipes installed on or before Nov. 9, 2006, must be no more than 12 inches from the bottom of the storage tank. (b) Submerged fill pipes installed after Nov. 9, 2006, must be no more than 6 inches from the bottom of the storage tank. (c) Submerged fill pipes not meeting the specifications of subsection (2)(a) or (2)(b) are allowed if the owner or operator of a GDF can demonstrate that the liquid level in the tank is and always has been above the entire opening of the fill pipe. Documentation providing such demonstration must be made available for inspection by DEQ during the course of a site visit or upon request within 48 hours. (3) Cargo Tank Unloading. Any cargo tank unloading at a GDF that is equipped with a Stage I vapor balance system or Enhanced Vapor Recovery system must connect to the system whenever gasoline is being loaded. (4) Portable gasoline containers that meet the requirements of 40 C.F.R. part 59 subpart F are considered acceptable for compliance with subsection (1)(d). [NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan that EQC adopted under OAR 340-200-0040 only for affected sources in the Portland-Vancouver, Medford-Ashland, and Salem-Keizer Area Transportation Study air quality management areas and all of Clackamas, Multnomah, and Washington counties.]