S.I. No. 375/1997 - Air Pollution Act, 1987 (Petroleum Vapour Emissions) Regulations, 1997

S.I. No. 375 of 1997.

AIR POLLUTION ACT, 1987 (PETROLEUM VAPOUR EMISSIONS) REGULATIONS, 1997

INDEX

PART I	PART I	PRELIMINARY AND GENERAL
	1.	Citation
	2.	Commencement
	3.	Reference
	4.	Definitions
PART II	PART II	DUTIES OF VARIOUS PERSON -MOBILE CONTAINERS
	5.	Duty of carrier under the Directive
	6.	Approval of assessors
	7.	Testing requirement
	8.	Duty of an approved assessor
	9.	Display of certificate
PART III		DUTIES OF VARIOUS PERSONS -SERVICE STATIONS
	10.	Duty of owner and manager
	11.	Testing requirement
	12.	Approved assessor's report
	13.
	14.	Certificate display
	15.	Fees
	16.	Refusal of certificate
	17.	Register
	18.	Notification of Fourth Schedule divergence
PART IV		DUTIES UPON LOADING/UNLOADING AT SERVICE STATIONS
	19.	Duty of carrier
	20.	Duty of a manager
	21.	Alternative technical measures
	22.	Authorised persons

FIRST SCHEDULE - FORM OF CERTIFICATION FOR A MOBILE CONTAINER

SECOND SCHEDULE - FORM OF CERTIFICATION FOR A SERVICE STATION

THIRD SCHEDULE - REQUIREMENTS FOR LOADING AND STORAGE AT TERMINALS AND SERVICE STATIONS WHERE THE INTERMEDIATE STORAGE OF VAPOURS IS CARRIED OUT

FOURTH SCHEDULE - SPECIFICATIONS FOR BOTTOM-LOADING, VAPOUR COLLECTION AND OVERFILL PROTECTION OF EUROPEAN ROAD TANKERS

S.I. No. 375 of 1997.

Air Pollution Act, 1987 (Petroleum Vapour Emissions) Regulations, 1997.

The Minister for the Environment and Local Government in exercise of the powers conferred on him by Sections 10 , 14 , 22 and 53 of the Air Pollution Act, 1987 (No. 6 of 1987) and for the purposes of giving effect to the provisions of Directive 94/63/EC^(1) on the control of volatile organic compound emissions resulting from the storage of petrol and its distribution between terminals or from terminals to service stations, hereby makes the following Regulations.

^(1)O.J. No L 365/24 of 31 December, 1994

PART I

1.

2.

3.

• (2) In these Regulations, any reference to a sub-article or paragraph which is not otherwise identified is a reference to the sub-article or paragraph of the provision in which the reference occurs.

4.

"approved assessor" means a person approved by a competent authority in accordance with article 6;

"carrier" means:

• (a) in relation to mobile containers carried by road, a person who is the registered owner of a composite vehicle, articulated vehicle, tank-trailer, or tank semi-trailer, comprising one or more fixed or demountable tanks or of any other vehicle used for the conveyance or delivery of petrol to or from a storage installation at a terminal or a storage tank at a service station, and,

• (b) in relation to mobile containers carried otherwise than by road, every person carrying petrol in a tank by rail or by waterway;

"certificate of testing" means a certificate issued, as appropriate:

• (a) in respect of a mobile container by an approved assessor in accordance with article 8 of these Regulations, or,

• (b) in respect of a service station by a competent authority in accordance with article 13 of these Regulations,

and "certificate" shall be construed accordingly;

"competent authority" means:

• (a) for the purposes of the enforcement of those articles regulating loading of petrol into, and unloading of petrol from, storage tanks at service stations, the local authority in whose functional area a service station is located, and,

• (b) for the purposes of the enforcement of those articles regulating mobile containers, the local authority in whose functional area a carrier's chief place of business is located;

"the Directive" means Council Directive 94/63/EC;

"existing petrol storage installations, loading installations, service stations, mobile containers and terminals" means such installations, service stations, mobile containers and terminals which were in operation before the coming into operation of these Regulations;

"harbour authority" has the same meaning as in the Harbours Act, 1946 ; "local authority" means for the purposes of these Regulations:

• (a) the council of a county, or,

• (b) the corporation of a county or other borough;

"manager" means the person having the general control and management of a service station;

"mobile container" means:

• (a) any tank used, solely or in part, for the transfer of petrol from one terminal to another or from a terminal to a service station by road by a composite vehicle, articulated vehicle, tank-trailer, or tank semi-trailer, comprising one or more fixed or demountable tanks or by other vehicle used for the conveyance or delivery of petrol to or from a storage installation at a terminal or a storage tank at a service station, and,

• (b) any tank used, solely or in part, for the transfer of petrol from one terminal to another or from a terminal to a service station by rail or by waterway;

"new petrol storage installations, loading installations, service stations, mobile containers and terminals" means, such installations, service stations, mobile containers and terminals other than existing installations, service stations, mobile containers and terminals;

"petrol" means any petroleum derivative, with or without additives, having a reid vapour pressure of 27.6 kilopascals or more, which is intended for use as a fuel for motor vehicles except liquefied petroleum gas (LPG);

"road tanker" means a mobile container used solely, or in part, for the transport of petrol by road;

"throughput" means the largest total annual quantity of petrol loaded from a storage installation at a terminal into mobile containers or vice versa, or from mobile containers into storage tanks at a service station or vice versa, during the three preceding years before the appropriate dates for compliance with the requirements of articles 5 and 10, as appropriate.

PART II

5.

• (2) It shall be the duty of a carrier to ensure that his or her mobile containers are operated and maintained to comply with the requirements of sub-article (1) of this article.

• (3) Carriers shall ensure that mobile containers which deliver petrol to service stations are so designed, operated and maintained as to accept and retain return vapours from storage installations at terminals and storage tanks at service stations.

• (4) Sub-article (3) shall apply to rail tankers only if they supply petrol to service stations or to terminals where intermediate storage of vapours is used.

• (5) Vapours mentioned at sub-articles (1) and (3) shall be retained in the mobile container until reloading takes place at a terminal except for release through pressure relief valves.

• (6) Insofar as vapour-recovery or the intermediate storage of vapours is not possible, ventilation of vapours is permissible if, after the unloading of petrol, the mobile container is subsequently used for products other than petrol.

• (7) Sub-articles (1) to (6) shall apply from:

• (i) the first day of January, 1998 in the case of all new mobile containers;

• (ii) from the thirty first day of December, 1998 in the case of existing mobile containers transported by rail or by waterway and loaded at a terminal;

• (iii) in the case of existing mobile containers transported by road when being retrofitted for bottom loading in accordance with the requirements of the Fourth Schedule.

• (8) In this article, unless otherwise stated, "existing" means a service station which first came into operation on a day prior to that mentioned in the provision in which that expression occurs.

• (9) The requirements of sub-articles (1) to (6) shall not apply to losses of vapours resulting from measuring operations using dipsticks in relation to:

( a ) existing mobile containers, being mobile containers which first came into operation on a day prior to the coming into operation of these Regulations, and

( b ) new mobile containers which come into operation before the thirty first day of December, 1999.

6.

• (2) An approved assessor shall not perform any functions under these Regulations . where the same concern any person or body with which the said assessor has had any professional, business or commercial relationship within the period of five years commencing on the day of the termination of any such relationship.

7.

• (2) Sub-article (1) shall be complied with and a certificate of testing shall be obtained in compliance with the appropriate dates set out in article 5(7), and thereafter in any event not later than three years from the date of the issue of the latest certificate of testing.

8.

• (2) The particulars to be contained in a certificate issued under sub-article (1) are set out in the First Schedule.

9.

• (2) It shall be the duty of a carrier to ensure that a mobile container is fitted with a corrosion-resistant metal plate permanently affixed to it, located in a place readily accessible for inspection, and that the following particulars are clearly marked on the plate by stamping into the metal or by other similar permanent method:

( a ) the tank serial number,

( b ) the day, month and year of the most recent vapour tightness and correct functioning of vacuum/pressure valves test and the identification mark of the approved assessor who carried out the test.

• (3) Periodic inspection of the certificate issued under article 8 and the metal plate required under sub-article (2) shall be a matter for the competent authority.

PART III

10.

• (2) Sub-article (1) shall apply:

• (i) from the first day of January, 1998 in the case of new service stations;

• (ii) from the thirty first day of December, 1998 in the case of:

( a ) existing service stations with a throughput greater than 1,000 cubic metres per year, and,

( b ) all existing service stations regardless of their throughput which are located under permanent living quarters or working areas;

• (iii) from the thirty first day of December, 2001 in the case of existing service stations with a throughput greater than 500 cubic metres per year;

• (iv) from the thirty first day of December, 2004 for all other existing service stations.

• (3) In this article "existing" means a service station which first came into operation on a day prior to that mentioned in the provision in which that expression occurs.

11.

• (2) Sub-article (1) shall be complied with, and a first certificate of testing, shall be obtained in compliance with the appropriate dates set out in article 10(2), and thereafter in any event not later than three years from the date of issue of the latest certificate.

12.

• (2) The particulars to be contained in a report submitted under sub-article (1) are set out in Section 1 of the Second Schedule.

13.

• (2) A competent authority may carry out such investigations as it considers necessary in order to satisfy itself as to the fulfilment of the Regulations by a service station in relation to which a report has been submitted under article 12.

14.

15.

• (2) A certificate shall not be issued by a competent authority under article 13 until payment under sub-article (1) has been made to the competent authority by the manager.

16.

17.

( a ) the date of receipt of each report submitted under article 12 and such contents of the report as it deems relevant,

( b ) the date of issue of each certificate issued under article 13 and such contents of the certificate as it deems relevant.

18.

( a ) the date of such occasion,

( b ) the amount of petrol loaded or unloaded on such occasion,

( c ) the particulars of the carrier and his/her mobile container on such occasion,

( d ) the reason for non-compliance with the Third Schedule on such occasion.

PART IV

19.

( a ) to satisfy himself or herself that a current certificate has been .issued under article 13 prior to loading petrol from his or her mobile container into, or unloading petrol from, a storage tank at a service station, and,

( b ) to keep a record of the date, time and quantity of all deliveries of petrol made to all service stations regulated under this article from the date of such delivery for a period of not less than one month for production upon the request of an authorised person.

20.

• (2) It shall be the duty of a manager to display a copy of the certificate issued under article 13 in a prominent place for public inspection within the curtilage of the service station.

21.

22.

• (2) A competent authority may authorise in writing any person, hereinafter referred to as an "authorised person", for the purposes of examination, investigation and enforcement of these regulations.

• (3) Every authorised person shall be finished with a certificate of this authorisation and when exercising any power provided by or under these Regulations the authorised person shall, if requested by any person affected, produce the certificate to that person.

• (4) An authorised person may, in respect of any service station or mobile container:

( a ) inspect any mobile container or service station, and such records or such documents, as the authorised person, having regard to all the circumstances, considers necessary for the purposes of these Regulations,

( b ) require from a carrier or a manager, such information as the authorised person, having regard to all the circumstances, considers necessary for the purposes of these Regulations.

FIRST SCHEDULE

Particulars to be included in a certificate of testing for vapour tightness and correct functioning of vacuum/pressure valves of a MOBILE CONTAINER under article 8 of the Air Pollution Act, 1987 (Petroleum Vapour Emissions) Regulations, 1997.

Declaration

I, ----------------, hereby certify that I have tested the above mobile container on ------------ (insert date) ------------- for vapour tightness and correct functioning of vacuum/pressure valves and to the best of my knowledge and belief this mobile container complies with the requirements of the Air Pollution Act, 1987 (Petroleum Vapour Emissions) Regulations, 1997.

Signed

Qualification/Profession and Company

Address

Date

SECOND SCHEDULE

SECTION 1 - APPROVED ASSESSOR'S REPORT

Particulars to be included in a certificate of testing by an approved assessor that a SERVICE STATION complies with the requirements of article 10 of the Air Pollution Act, 1987 (Petroleum Vapour Emissions) Regulations, 1997.

Declaration

I, ------------, hereby confirm that I have tested the above service station on ----------- (insert date) ------------- for compliance with the provisions of the Air Pollution Act, 1987 (Petroleum Vapour Emissions) Regulations, 1997 and to the best of my knowledge and belief this service station is in compliance with the said provisions.

Signed.

Qualification/Profession and Company

Address	Date

SECTION 2 - CERTIFICATE OF TESTING ISSUED

BY A COMPETENT AUTHORITY IN RESPECT OF A SERVICE STATION UNDER THE AIR POLLUTION ACT, 1997 (PETROLEUM VAPOUR EMISSIONS) REGULATIONS, 1997

(Name of local authority) today ---------- (date) ------- hereby certifies that the service station at --------------- managed by ----------------- complies with the provisions of the Air Pollution Act, 1987 (Petroleum Vapour Emissions) Regulations, 1997 and this certificate shall be valid for a period of not more than three years until __ (date) _.

Stamp of Local Authority to be affixed here

Signature of Authorised Person

Date of return of stamped certificate to applicant

THIRD SCHEDULE

REQUIREMENTS FOR LOADING AND STORAGE AT TERMINALS AND SERVICE STATIONS WHERE THE INTERMEDIATE STORAGE OF VAPOURS IS CARRIED OUT

Vapours displaced by the delivery of petrol into storage installations at terminals and into storage tanks at service stations and in fixed roof tanks used for the intermediate storage of vapours must be returned through a vapour-tight connection line to the mobile container delivering the petrol.

Loading operations may not take place unless these arrangements are in place and properly functioning.

FOURTH SCHEDULE

SPECIFICATIONS FOR BOTTOM-LOADING, VAPOUR COLLECTION AND OVERFILL PROTECTION OF EUROPEAN ROAD TANKERS

1.1 The liquid coupler on the loading arm must be a female coupler which must mate with a 4 inch API (101.6mm) male adapter located on the vehicle as defined by:

API Recommended Practice 1004 Seventh Edition, November, 1988.

Bottom loading and vapour-recovery for MC-306 tank motor vehicles (Section 2.1.1.1 Type of adapter used for bottom loading).

1.2 The vapour-collection coupler on the loading gantry vapour-collection hose must be a cam-and-groove female coupler which must mate with a 4 inch (101.6mm) cam-and-groove male adapter located on the vehicle as defined by:

API Recommended Practice 1004

Seventh Edition, November, 1988.

Bottom loading and vapour-recovery for MC-306 tank motor vehicles (Section 4.1.1.2 Vapour-recovery adapter).

2 Loading Conditions

2.1 The normal liquid-loading rate must be 2,300 litres per minute (maximum 2,500 litres per minute) per loading arm.

2.2 When the terminal is operating at peak demand, its loading gantry vapour collection system, including the vapour-recovery unit, is allowed to generate a maximum counter-pressure of 55 millibar on the vehicle side of the vapour-collection adapter.

2.3 All approved bottom-loading vehicles will carry an identification plate which specifies the maximum permitted number of loading arms which must be operated simultaneously whilst ensuring that no vapours are released via the compartment P and V valves, when the maximum plant back pressure is 55 millibar as specified in 2.2.

The loading gantry must be equipped with an overfill-detection control unit which, when connected to the vehicle, must provide a failsafe permission signal to enable loading, providing no compartment-overfill sensors detect a high level.

3.1 The vehicle must have connected to the control unit on the gantry via a 10-pin industry-standard electrical connector. The male connector must be mounted on the vehicle and the female connector must be attached to a flying lead connected to the gantry mounted control unit.

3.2 The high-level detectors on the vehicle must be either 2—wire thermistor sensors, 2-wire optical sensors, 5-wire optical sensors or a compatible equivalent, provided the system is failsafe. Thermistors must have a negative temperature coefficient.

3.3 The gantry control unit must be suitable for both 2-wire and 5-wire vehicle systems.

3.4 The vehicle must be bonded to the gantry via the common return wire of the overfill sensors, which must be connected to pin 10 on the male connector via the vehicle chassis. Pin 10 on the female connector must be connected to the control unit enclosure which must be connected to the gantry earth.

3.5 All approved bottom-loading vehicles must carry an identification plate (see 2.3) which specifies the type of overfill-detection sensors installed (i.e. 2-wire or 5-wire).

4.1 The design of the liquid-loading and vapour collection facilities on the loading gantry must be based on the following vehicle connection envelope.

4.1.1 The height of the centre line of the liquid adapters must be; maximum 1.4 metres (unladen); minimum 0.5 metres (laden), the preferred height being 0.7 to 1.0 metres.

4.1.2 The horizontal spacing of the adapters must be not less than 0.25 metres (preferred maximum spacing is 0.3 metres).

4.1.3 All liquid adapters must be located within an envelope not exceeding 2.5 metres in height.

4.1.4 The vapour-collection adapter should be located preferably to the right of the liquid adapters and at a height not exceeding 1.5 metres (unladen) and not less than 0.5 metres (laden).

4.2 The earth/overfill connector must be located to the right of the liquid and vapour-collection adapters and at a height not exceeding 1.5 metres (unladen) and not less than 0.5 metres (laden).

4.3 The above connections must be located on one side of the vehicle only.

5.1. Earth/Overfill detection

Loading must not be permitted unless a permissive signal is provided by the combined earth/overfill control unit.

In the event of an overfill condition or a loss of vehicle earth, the control unit on the gantry must close the gantry-loading control valve.

5.2. Vapour-collection detection

Loading must not be permitted unless the vapour-collection hose has been connected to the vehicle and there is a free passage for the displaced vapours to flow from the vehicle into the plant vapour-collection system.

Given under the Official Seal of the Minister for the Environment

and Local Government this 10th, day of September 1997.

Noel Dempsey

---

Minister for the Environment and Local Government

EXPLANATORY NOTE

These Regulations transpose elements of Directive 94/63/EC into Irish law to introduce controls on petroleum vapour emissions (volatile organic compounds) resulting from the storage and distribution of petrol which is intended for use as a fuel for motor vehicles. The Regulations provide for the monitoring of compliance of service station and mobile container operators by relevant local authorities. Other provisions of Directive 94/63/EC are transposed by the ENVIRONMENTAL PROTECTION AGENCY ACT, 1992 (CONTROL OF VOLATILE ORGANIC COMPOUND EMISSIONS RESULTING FROM PETROL STORAGE AND DISTRIBUTION) REGULATIONS, 1997.( S.I. No. 374 of 1997 ).