Mo. Code Regs. tit. 10 § 10-5.220

Current through Register Vol. 49, No. 21, November 1, 2024.

Section 10 CSR 10-5.220 - Control of Emissions From Aerospace Manufacture and Rework Facilities

PURPOSE: This rule restricts volatile organic compound emissions from the handling of petroleum liquids in five specific areas: petroleum storage tanks with a capacity greater than forty thousand gallons, the loading of gasoline into delivery vessels, the transfer of gasoline from delivery vessels into storage containers, gasoline delivery vessels and the fueling of motor vehicles from storage containers. This rule is necessary to achieve the federally mandated reduction of hydrocarbon emissions in the St. Louis metropolitan area that contribute to the formation of ozone.

PUBLISHER'S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

(1) Applicability.

(A) This rule applies throughout St. Louis City and Jefferson, St. Charles, Franklin and St. Louis Counties.

(B) Compliance with this rule does not relieve the owner or operator of the responsibility to comply with other applicable governmental requirements.

(C) Exemptions to This Rule and/or Specific Areas of This Rule.

1. Petroleum storage tanks. Subsection (3)(A) of this rule does not apply to petroleum storage tanks that-

A. Store processed and/or treated petroleum or condensate at a drilling and production installation prior to custody transfer;

B. Contain a petroleum liquid with a true vapor pressure less than 27.6 kilopascals (kPa) (4.0 psia) at ninety degrees Fahrenheit (90 °F);

C. Are welded construction, and equipped with a metallic-type shoe primary seal and have a shoe-mounted secondary seal or closure devices of demonstrated equivalence approved by the staff director; and

D. Store waxy, heavy pour crude oil.

2. Gasoline loading.

Subsection (3)(B) of this rule does not apply to a gasoline distribution facility whose average monthly throughput of gasoline is less than or equal to one hundred twenty thousand (120,000) gallons when averaged over the most recent calendar year, provided the gasoline distribution facility loads gasoline by submerged filling and-

A. Upon request of the staff director, owners or operators of gasoline distribution facilities submit a report to the staff director on a form supplied by the department stating the gasoline throughput for each month of the previous calendar year;

B. Delivery vessels purchased after December 31, 1995, are Stage I equipped;

C. Owners or operators of a gasoline distribution facility maintain records of gasoline throughput and gasoline delivery; and

D. Delivery vessels operated by an exempt installation do not deliver to Stage I controlled tanks unless the delivery vessel is equipped with and employs Stage I controls.

3. This rule does not apply to stationary gasoline tanks with a capacity of less than or equal to five hundred (500) gallons.

4. Subsection (3)(E) of this rule does not apply to any gasoline dispensing facility (GDF) with one thousand (1,000) gallon or smaller tank(s) and monthly throughput of less than or equal to ten thousand (10,000) gallons of gasoline through the tanks.

5. Paragraph (3)(C)2. of this rule does not apply to gasoline transfers made to storage tanks equipped with floating roofs or their equivalent.

6. Subsection (3)(C) of this rule does not apply to any storage tank having a capacity less than or equal to two thousand (2,000) gallons used exclusively for the fueling of agricultural equipment.

7. Subsection (3)(E) of this rule does not apply to any stationary storage tank used primarily for the fueling of agricultural equipment.

8. Subsection (3)(F) does not apply to any gasoline storage tank having a capacity of less than or equal to one thousand (1,000 gallons).

(2) Definitions.

(A) Agricultural equipment-Any equipment used exclusively for agricultural purposes on land owned or leased for the production of farm products

(B) Cargo tank-A delivery tank truck or railcar which is loading gasoline or which has loaded gasoline on the immediately previous load.

(C) Condensate (hydrocarbons)-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

(D) Crude oil-A naturally occurring mixture consisting of hydro- carbons and sulfur, nitrogen, or oxygen derivatives of hydrocarbons (or a combination of these derivatives), which is a liquid at standard conditions.

(E) Custody transfer-The transfer of produced crude oil or condensate, or both, 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.

(F) Delivery vessel-A tank truck, trailer, or railroad tank car

(G) External floating roof-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 petroleum liquid being contained and is equipped with a closure seal(s) to close the space between the roof edge and tank wall.

(H) Gasoline-A petroleum liquid having a Reid vapor pressure four pounds (4 lbs) per square inch or greater.

(I) Gasoline dispensing facility (GDF)-Any stationary facility which dispenses gasoline into the fuel tank of a motor vehicle and is not-

1. A gasoline distribution facility; or

2. A manufacturer of new motor vehicles performing initial fueling operations dispensing gasoline into newly assembled motor vehicles equipped with onboard refueling vapor recovery (ORVR) at an automobile assembly plant while the vehicle is still being assembled on the assembly line.

(J) Gasoline distribution facility-Any facility that receives gasoline by pipeline, ship or barge, or cargo tank and subsequently loads the gasoline into gasoline delivery vessels for transport to gasoline dispensing facilities.

(K) Lower explosive limit (LEL)-The lower limit of flammability of a gas or vapor at ordinary ambient temperatures expressed in per- cent of the gas or vapor in air by volume.

(L) Monthly throughput-The total volume of gasoline that is loaded into all gasoline storage tanks during a month, as calculated on a rolling thirty (30)-day average.

(M) Onboard refueling vapor recovery (ORVR)-A system on motor vehicles designed to recover hydrocarbon vapors that escape during refueling.

(N) Petroleum liquid-Petroleum, condensate, and any finished or intermediate products manufactured in a petroleum refinery with the exception of Numbers 2-6 fuel oils as specified in ASTM D 396-17a, as specified in 10 CSR 10-6.040(12), gas turbine fuel oils Number 2-GT-4-GT, as specified in ASTM D 2880-15, as specified in 10 CSR 10-6.040(20), and diesel fuel oils Number 2-D and 4-D, as specified in ASTM D 975-18, as specified in 10 CSR 10- 6.040(14).

(O) Staff director-Director of the Air Pollution Control Program of the Department of Natural Resources, or a designated representative.

(P) Stage I vapor recovery system-A system used to capture the gasoline vapors that would otherwise be emitted when gasoline is transferred from a loading installation to a delivery vessel or from a delivery vessel to a storage tank

(Q) Stage II vapor recovery system-A system used to capture the gasoline vapors that would otherwise be emitted when gasoline is dispensed from a storage tank to the fuel tank of a motor vehicle. Stage II vapor recovery includes both Stage I and Stage II Vapor Recovery equipment and requirements, unless otherwise stated.

(R) Submerged fill pipe-Any fill pipe the discharge opening of which is entirely submerged when the liquid level is six inches (6") above the bottom of the tank. When applied to a tank that is loaded from the side, any fill pipe, the discharge opening of which is entirely submerged when the liquid level is eighteen inches (18") or twice the diameter of the fill pipe, whichever is greater, above the bottom of the tank.

(S) Submerged filling-The filling of a gasoline storage tank through a submerged fill pipe with a discharge no more than six inches (6") (no more than twelve inches (12") for submerged fill pipes installed on or before November 9, 2006) from the bottom of the tank. Bottom filling of gasoline storage tanks is included in this definition.

(T) True vapor pressure-The equilibrium partial pressure exerted by a petroleum liquid as determined in American Petroleum Institute, Manual of Petroleum Measurement Standards, Chapter 19.2, Evaporative Loss From Floating-Roof Tanks, 2012, as published by the American Petroleum Institute and incorporated by reference in this rule. Copies can be obtained from API Publishing Services, 1220 L Street, NW, Washington, DC 20005. This rule does not incorporate any subsequent amendments or additions.

(U) Vapor recovery system-A vapor gathering system capable of collecting the hydrocarbon vapors and gases discharged and a vapor disposal system capable of processing the hydrocarbon vapors and gases so as to limit their emission to the atmosphere.

(V) Vapor recovery system modification-Any repair, replacement, alteration, or upgrading of Stage I or Stage II vapor recovery control equipment or gasoline dispensing equipment equipped with Stage II vapor recovery beyond normal maintenance of the system as permitted by the staff director.

(W) Vapor tight-When applied to a delivery vessel or vapor recovery system as one that sustains a pressure change of no more than seven hundred fifty (750) pascals (three inches (3") of water) in five (5) minutes when pressurized to a gauge pressure of four thou- sand five hundred (4,500) pascals (eighteen inches (18") of water) or evacuated to a gauge pressure of one thousand five hundred (1,500) pascals (six inches (6") of water).

(X) Waxy, heavy pour crude oil-A crude oil with a pour point of fifty degrees Fahrenheit (50 °F) or higher as determined by the ASTM D 97-17b, as specified in 10 CSR 10-6.040(10).

(Y) Definitions of certain terms specified in this rule, other than those defined in this rule section, may be found in 10 CSR 10- 6.020.

(3) General Provisions.

(A) Petroleum Storage Tanks.

1. No owner or operator of petroleum storage tanks shall cause or permit the storage in any stationary storage tank of more than forty thousand (40,000) gallons capacity of any petroleum liquid having a true vapor pressure of one and five-tenths (1.5) pounds per square inch absolute (psia) or greater at ninety degrees Fahrenheit (90 °F), unless the storage tank is a pressure tank capable of maintaining working pressures sufficient at all times to prevent volatile organic compound (VOC) vapor or gas loss to the atmosphere or is equipped with one (1) of the following vapor loss control devices:

A. A floating roof, consisting of a pontoon type, double-deck type or internal floating cover or external floating cover, that rests on the surface of the liquid contents and is equipped with a closure seal(s) to close the space between the roof edge and tank wall. Storage tanks with external floating roofs shall meet the additional following requirements:

(I) The storage tank must be 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 approved by the staff director that controls VOC emissions with an effectiveness equal to or greater than a seal required under subpart (3)(A)1.A.(I)(a) of this rule;

(II) 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 vapor-mounted primary seals, the accumulated area of gaps exceeding 0.32 centimeters, one-eighth inch (1/8") width, between the secondary seal and the tank wall shall not exceed 21.2 cm² per meter of tank diameter (1.0 in² per foot of tank diameter);

(III) All openings in the external floating roof, except for automatic bleeder vents, rim space vents and leg sleeves, must be equipped with-

(a) Covers, seals or lids in the closed position except when the openings are in actual use; and

(b) Projections into the tank which remain below the liquid surface at all times;

(IV) Automatic bleeder vents must be closed at all times except when the roof is floated off or landed on the roof leg supports;

(V) Rim vents must be set to open when the roof is being floated off the leg supports or at the manufacturer's recommended setting; and

(VI) Emergency roof drains must be provided with slotted membrane fabric covers or equivalent covers which cover at least ninety percent (90%) of the area of the opening;

B. A vapor recovery system with all storage tank gauging and sampling devices gas-tight, except when gauging or sampling is taking place. The vapor disposal portion of the vapor recovery system has to consist of an absorber system, condensation system, membrane system or equivalent vapor disposal system that processes the vapor and gases from the equipment being controlled; or

C. Other equipment or means of equal efficiency for purposes of air pollution control that may be approved by the staff director.

2. Control equipment described in subparagraph (3)(A)1.A. of this rule shall not be allowed if the petroleum liquid other than gasoline has a true vapor pressure of 11.1 psia or greater at ninety degrees Fahrenheit (90 °F). All storage tank gauging and sampling devices shall be gas-tight except when gauging or sampling is taking place.

3. Reporting and record keeping shall be per subsection (4)(A) of this rule.

(B) Gasoline Loading.

1. No owner or operator of a gasoline distribution facility or delivery vessel shall cause or permit the loading of gasoline into any delivery vessel from a gasoline distribution facility unless the gasoline distribution facility is equipped with a vapor recovery system or equivalent. The delivery vessel must be in compliance with subsection (3)(D) of this rule.

2. Gasoline loading shall be accomplished in a manner that the displaced vapors and air will be vented only to the vapor recovery system. Measures shall be taken to prevent liquid drainage from the loading device when it is not in use or to accomplish complete drainage before the loading device is disconnected. The vapor disposal portion of the vapor recovery system shall consist of one (1) of the following:

A. An absorber system, condensation system, membrane system, or equivalent vapor disposal system that processes the vapors and gases from the equipment being controlled and limits the discharge of VOC into the atmosphere to ten (10) milligrams of VOC vapor per liter of gasoline loaded;

B. A vapor handling system that directs the vapor to a fuel gas system; or

C. Other equipment of an efficiency equal to or greater than subparagraph (3)(B)2.A. or B. of this rule if approved by the staff director.

3. Reporting and record keeping shall be per subsection (4)(B) of this rule.

(C) Gasoline Transfer at GDFs.

1. No owner or operator of a gasoline storage tank or delivery vessel shall cause or permit the transfer of gasoline from a delivery vessel into a gasoline storage tank with a capacity greater than five hundred fifty (550) gallons and less than or equal to one thousand (1,000) gallons unless-

A. The gasoline storage tank is equipped with a submerged fill pipe extending unrestricted to within six inches (6") of the bottom of the tank and not touching the bottom of the tank, or the storage tank is equipped with a system that allows a bottom fill condition;

B. All gasoline storage tank caps and fittings are vapor-tight when gasoline transfer is not taking place; and

C. Each gasoline storage tank is vented via a conduit that is-

(I) At least two inches (2") inside diameter; and

(II) At least twelve feet (12') in height above grade; and

(III) Equipped with a pressure/vacuum valve that is certified by the California Air Resources Board (CARB) or equivalent as approved by the staff director. The pressure specifications for pressure/vacuum valves shall be a positive pressure setting of 2.5 to 6.0 inches of water and a negative pressure setting of 6.0 to 10.0 inches of water.

2. No owner or operator of a gasoline storage tank or delivery vessel shall cause or permit the transfer of gasoline from a delivery vessel into a gasoline storage tank with a capacity greater than one thousand (1,000) and less than forty thousand (40,000) gallons unless-

A. The gasoline storage tank is equipped with a Stage I vapor recovery system that is certified by a CARB Executive Order as having a collection efficiency of at least ninety-eight percent (98%);

B. The delivery vessel to these tanks is in compliance with subsection (3)(D) of this rule;

C. All vapor ports are poppeted fittings;

D. The delivery vessel is reloaded at installations complying with the provisions of subsection (3)(B) of this rule;

E. The vapor recovery system employs one (1) vapor line per product line during the transfer. The staff director may approve other delivery systems submitted to the department with test data demonstrating compliance with subparagraph (3)(C)2.A. of this rule;

F. All vapor hoses are at least three inches (3") inside diameter;

G. All product hoses are less than or equal to four inches (4") inside diameter;

H. Any component of the vapor recovery system that is not preventing vapor emissions as designed is repaired;

I. A department approved pressure decay test is completed and passed every three (3) years. The department must be notified at least seven (7) days prior to the test date to allow an observer the opportunity to be present. The test results shall be provided to the department within fourteen (14) days of the test event; and

J. A department approved pressure/vacuum valve test is completed and passed every three (3) years. The department must be notified at least seven (7) days prior to the test date to allow an observer the opportunity to be present. The test results shall be provided to the department within fourteen (14) days of the test event.

3. The staff director may approve a vapor recovery system or component that deviates from the requirements of subparagraph (3)(C)2.A. of this rule when provided documentation that-

A. The system or component has a collection efficiency of at least ninety-eight percent (98%); or

B. Compliance with the requirements of subparagraph (3)(C)2.A. of this rule would lead to noncompliance with other state or federal regulations or to improper functioning of the gasoline storage tank system.

4. Aboveground gasoline storage tanks at GDFs shall not have a capacity greater than one thousand (1,000) gallons.

5. This subsection does not prohibit safety valves or other devices required by government regulations.

(D) Gasoline Delivery Vessels.

1. No owner or operator of a gasoline delivery vessel shall operate or use a gasoline delivery vessel which is loaded or unloaded at an installation subject to subsection (3)(B) or (3)(C) of this rule unless-

A. Cargo tank tightness is conducted annually;

B. The owner or operator obtains the completed test results signed by a representative of the testing installation upon successful completion of the leak test;

C. A copy of the vessel's current test results are kept with the delivery vessel at all times and made immediately available to the staff director upon request; and

D. The delivery vessel is repaired by the owner or operator and retested within fifteen (15) business days of testing if it does not meet the leak test criteria of subparagraph (3)(D)1.A. of this rule.

2. This subsection does not prohibit safety valves or other devices required by government regulations.

(E) Fueling of Motor Vehicles at GDFs.

1. GDFs not equipped with a Stage II vapor recovery system. Owners or operators shall-

A. Employ vapor-tight tank gauging and sampling sites or ports, valves, breakaways, joints, and disconnects on the vapor recovery systems to prevent emissions of volatile organic compounds except during gauging or sampling; and

B. Ensure that motor vehicle refueling meets the requirements of 40 CFR 80.22(j) promulgated as of June 30, 2018, and hereby incorporated by reference in this rule, as published by the Office of Federal Register. Copies can be obtained from the U.S. Publishing Office Bookstore, 710 N. Capitol Street N W, Washington, DC 20401. This rule does not incorporate any subsequent amendments or additions.

2. After December 31, 2015, no owner or operator of a GDF may install or operate a Stage II vapor recovery system.

(F) Requirements for vapor recovery systems associated with new GDF installations, complete vapor recovery system replacements associated with existing GDFs, partial vapor recovery system modifications associated with existing GDFs, and installation of GDFs with Stage I experimental technology.

1. Any owner or operator subject to paragraph (3)(C)2. installing a new GDF or modifying an existing GDF that requires a complete replacement of the Stage I vapor recovery system of one (1) or more underground storage tank shall-

A. Notify the department using an approved form at least fourteen (14) days before installation. The notification shall include complete diagrams, a thorough description of the planned installation, a detailed description of the storage tank(s), plumbing diagrams including vent lines, and a schedule of construction. The notification shall also include a list of CARB approved ninety-eight percent (98%) efficient equipment and/or reference department approval for the proposed Stage I vapor recovery system. The notice is valid for one hundred eighty (180) days from receipt by the department; and

B. Conduct and pass a department approved pressure decay test and a department approved pressure/vacuum valve test within thirty (30) days of construction completion. The department must be notified at least seven (7) days prior to the test date to allow an observer the opportunity to be present. The test results have to be provided to the department within fourteen (14) days of the test event.

2. Any owner or operator of an existing GDF that requires a partial modification to a Stage I vapor recovery system subject to paragraph (3)(C)2. shall notify the department using an approved form before making the partial modification. The notification shall include a description of the planned partial modification. The notification shall also include a list of CARB approved ninety-eight percent (98%) efficient equipment and/or reference department approval for the proposed Stage I vapor recovery system. The notice is valid for one hundred eighty (180) days from receipt by the department

3. Experimental Stage I technology. The staff director may approve Stage I experimental technology for a specific GDF. Experimental technology may be approved for up to three (3) years for a limited number of GDFs under specific conditions determined by the staff director. GDFs applying for approval of experimental technology shall-

A. Submit an application for staff director approval at least ninety (90) days prior to beginning construction. The application shall include, but not be limited to:

(I) Complete diagrams and a thorough description of the planned installation;

(II) Plumbing diagrams including vent lines and material of all underground and aboveground plumbing; and

(III) Standards, test data, history, and related information for the proposed system;

B. Submit to the staff director a detailed plan for the construction and operation of the system. The plan shall include a description of the planned testing and record keeping for the GDF. The staff director may issue the construction permit when all conditions of the testing GDF are deemed satisfactory;

C. Display the construction permit in a prominent location during construction;

D. Install monitoring equipment to prove that the vapor recovery system is leaktight if requested by the staff director; and

E. Upon completion of testing, obtain and maintain on-site, in a prominent location, a current operating permit from the staff director for the specific innovative technology that is in operation. The permit shall specify the technology, the location, and the time period the technology will be tested.

4. Emergency Repairs.

A. Owners or operators of GDFs requiring emergency repair or replacement of Stage I vapor recovery system components subject to subsection (3)(C)2. may immediately begin corrective construction if the construction is in response to an accident or event that-

(I) Creates an abnormally high threat of fire;

(II) Poses an environmental hazard by allowing release of liquid product onto the ground or abnormal release of vapor into the air; and/or

(III) Threatens public safety; and

B. Owners or operators of GDFs electing to make emergency repair or replacement per subparagraph (3)(F)4.A. of this rule have to contact the department within forty-eight (48) hours of the commencement of the repair or replacement to determine what future action is required for compliance with this rule.

5. Upon the department's discovery of an installation that is not in compliance with the requirements of subsection (3)(F) of this rule, the department's authorized representative may restrict the owner and operator from completing the vapor recovery system installation until the department approves the installation.

(G) Owner/Operator Compliance. The owner or operator of a vapor recovery system subject to this rule shall-

1. Operate the vapor recovery system and the gasoline loading equipment in a manner that prevents-

A. Gauge pressure from exceeding four thousand five hundred (4,500) pascals (eighteen inches (18") of water) in the delivery vessel;

B. A reading equal to or greater than one hundred percent (100%) of the lower explosive limit (LEL), measured as propane at two point five (2.5) centimeters from all points on the perimeter of a potential leak source when measured by Method 21-Determination of Volatile Organic Compound Leaks as specified in 10 CSR 10-6.030(22) during loading or transfer operations; and

C. Visible liquid leaks during loading or transfer operations; and

2. Repair and retest within fifteen (15) days, a vapor recovery system that exceeds the limits in paragraph (3)(G)1. of this rule.

(H) Owner/Operator Compliance. The owner or operator of a vapor recovery system subject to this rule shall-

1. Operate the vapor recovery system and the gasoline loading equipment in a manner that prevents-

A. Gauge pressure from exceeding four thousand five hundred (4,500) pascals (eighteen inches (18") of H₂O) in the delivery vessel;

B. A reading equal to or greater than one hundred percent (100%) of the lower explosive limit (LEL), measured as propane at two point five (2.5) centimeters from all points on the perimeter of a potential leak source when measured by the method referenced in 10 CSR 10-6.030(14)(E) during loading or transfer operations; and

C. Visible liquid leaks during loading or transfer operations; and

2. Repair and retest within fifteen (15) days, a vapor recovery system that exceeds the limits in paragraph (3)(J)1. of this rule; and

3. Reporting and record keeping shall be per subsection (4)(F) of this rule.

(4) Reporting and Record Keeping.

(A) Owners and operators of petroleum storage tanks subject to subsection (3)(A) of this rule shall maintain written records of maintenance (both routine and unscheduled) performed on the tanks, all repairs made, the results of all tests performed and the type and quantity of petroleum liquid stored in them. Records shall be kept for two (2) years and made available to the staff director within five (5) business days of a request.

(B) Owners or operators of gasoline distribution facilities subject to subsection (3)(B) of this rule shall keep complete records documenting the number of delivery vessels loaded and their owners. Records have to be kept for two (2) years and made available to the staff director within five (5) business days of a request.

(C) Owner/Operator Compliance. The owner or operator of a vapor recovery system subject to subsection (3)(C), (3)(E), or (3)(G) of this rule shall maintain records of department permits, inspection reports, enforcement documents, gasoline deliveries, routine and unscheduled maintenance, repairs, and all results of tests conducted. Unless otherwise specified in this rule, records shall be kept for two (2) years and made available to the staff director within five (5) business days of a request.

(D) Owner/Operator Compliance. The owner or operator of a vapor recovery system subject to subsection (3)(J) of this rule shall maintain records of department permits, inspection reports, enforcement documents, training certifications, gasoline deliveries, routine and unscheduled maintenance and repairs and all results of tests conducted. Unless otherwise specified in this rule, records shall be kept for two (2) years and made available to the staff director within five (5) business days of a request.

(5) Test Methods.

(A) Gasoline Loading. Gasoline loading testing procedures to determine compliance with subparagraph (3)(B)2.A. of this rule shall be according to Method 25-Determination of Total Gaseous Nonmethane Organic Emissions as Carbon as specified in 10 CSR 10-6.030(22) or by any method determined by the staff director. The staff director, at any time, may monitor an installation subject to subsection (3)(B) of this rule to confirm compliance with this rule.

(B) Testing procedures to determine compliance with subparagraph (3)(D)1.A. shall be performed according to 40 CFR 63.425(e), Subpart R. 40 CFR 63 promulgated as of June 30, 2018 is hereby incorporated by reference in this rule, as published by the Office of the Federal Register. Copies can be obtained from the U.S. Publishing Office Bookstore, 710 N. Capitol Street N W, Washington DC 20401. This rule does not incorporate any subsequent amendments or additions. The staff director, at any time, may monitor a gasoline delivery vessel subject to subsection (3)(D) of this rule to confirm compliance with this rule.

(C) Fueling of Motor Vehicles and Gasoline Transfer at GDFs. The staff director, at any time, may monitor a GDF subject to subsection (3)(C) or (3)(E) of this rule to confirm compliance with this rule.

(D) All emission controls that are approved by the staff director will not be considered federally enforceable and will not shield a source from the obligation to comply with the underlying federal emission controls until submitted to E PA and approved by EPA in the state implementation plan.

(E) An annual staff director-approved back pressure blockage test and/or air-to-liquid test may be required. Additional testing may also be required by the staff director in order to determine proper functioning of vapor recovery equipment.

(F) All emission controls that are approved by the director will not be considered federally enforceable, and will not shield a source from the federal obligation to comply with the underlying emission controls, by the EPA until submitted to EPA and approved by EPA in the state implementation plan.

10 CSR 10-5.220

AUTHORITY: section 643.050, RSMo 2000.* Original rule filed March 14, 1967, effective 3/24/1967. Amended: Filed Jan. 31, 1972, effective 2/10/1972. Amended: Filed Aug. 25, 1972, effective 9/4/1972. Amended: Filed May 12, 1976, effective 10/11/1976. Amended: Filed Aug. 16, 1977, effective 2/11/1978. Amended: Filed March 13, 1980, effective 9/12/1980. Amended: Filed Dec. 5, 1980, effective 5/11/1981. Amended: Filed Nov. 2, 1984, effective 5/11/1985. Amended: Filed Dec. 3, 1985, effective 10/1/1986. Amended: Filed Oct. 4, 1988, effective 3/11/1989. Amended: Filed Nov. 27, 1989, effective 5/24/1990. Rescinded and Readopted: Filed Aug. 15, 1994, effective 4/30/1995. Amended: Filed May 15, 1995, effective 12/30/1995. Amended: Filed Jan. 16, 1996, effective 9/30/1996. Amended: Filed Dec. 28, 1998, effective 8/30/1999. Amended: Filed Jan. 2, 2007, effective 9/30/2007.

Amended by Missouri Register October 1, 2014/Volume 39, Number 19, effective 11/30/2014

Amended by Missouri Register February 1, 2019/Volume 44, Number 3, effective 4/1/2019

*Original authority: 643.020, RSMo 1965, amended 1972, 1992, 1993, 1995.