Section R20-2-913. Stage II Decommissioning

A.      The owner or operator of a gasoline dispensing site with a stage II vapor recovery system shall decommission the stage II vapor recovery system in accordance with the following sche- dule:

1.        If the owner or operator holds a license issued by the Department numbered BMF 13676 or less, the owner or operator shall decommission the stage II vapor recovery system between October 1, 2016 and September 30, 2017; or

2.        If the owner or operator holds a license issued by the Department numbered BMF 13677 or more, the owner or operator shall decommission the stage II vapor recovery system between October 1, 2017 and September 30, 2018.

B.       Request for alternate decommissioning plan. The following owners or operators may submit an alternate decommissioning plan requesting to decommission the stage II vapor recovery systems at a time other than would be required under subsec- tion (A)(1) or (A)(2) but no sooner than October 1, 2016 and no later than September 30, 2018. The owner or operator shall submit the alternate decommissioning plan to the Department for approval no later than December 31, 2015.

1.        An owner or operator that holds licenses issued by the Department for three or fewer gasoline dispensing sites if all the licenses are issued in the same business name and mailing address. The owner or operator shall ensure that the alternate decommissioning plan includes the informa- tion specified in subsections (C)(1) through (4); and

2.        An owner or operator that holds licenses issued by the Department for four or more gasoline dispensing sites if all the licenses are issued in the same business name and mailing address. The owner or operator shall ensure that the alternate decommissioning plan includes the informa- tion specified in subsection (C).

C.      An owner or operator that submits a request for approval of an alternate decommissioning plan shall include the following information as specified under subsection (B):

1.        The business name and mailing address on all licenses;

2.        The name and telephone number of an individual with whom the Department can communicate;

3.        The license number and address of each gasoline dispen- sing site and a statement of whether the owner or operator proposes to decommission each vapor recovery system between October 1, 2016 and September 30, 2017, or October 1, 2017 and September 30, 2018;

4.        A statement of whether all gasoline dispensers at the gasoline dispensing site will be replaced and if so, whether the owner or operator proposes to replace the gasoline dispensers between October 1, 2016 and Sep- tember 30, 2017, or October 1, 2017 and September 30, 2018; and

5.        If the owner or operator owns four or more gasoline dis- pensing sites, an alternate  decommissioning plan  that includes:

a.         The license numbers and addresses of 50 percent of the gasoline dispensing sites at which the vapor recovery systems will be decommissioned between October 1, 2016 and September 30, 2017; and

b.        The license numbers and addresses of the remaining 50 percent of the gasoline dispensing sites at which the vapor recovery systems will be decommissioned between October 1, 2017 and September 30, 2018.

D.      The Department shall approve or reject, on a first-come-first- served basis, an alternate decommissioning plan within three months after the alternate decommissioning plan is submitted. The Department shall allow decommissioning of stage II vapor recovery equipment at the time gasoline dispensers are replaced as indicated on the request for approval under subsec- tion (C)(4). The Department may reject an alternate decom- missioning plan if the information required under subsection

(B) is not provided or if the year requested for decommissio- ning already has more than 60 percent of all gasoline dispen- sing sites scheduled for decommissioning;

E.       The owner or operator of a gasoline dispensing site that is exempt under R20-2-902 shall decommission the site any time between October 1, 2016, and September 30, 2018;

F.       The owner or operator of a gasoline dispensing site shall ensure that a Notice of Intent, using a form or format provided by the Department, is submitted to the Department at least 10 days before the planned decommissioning and includes the following information:

1.        Name of the owner or operator of the gasoline dispensing site,

2.        Address of the gasoline dispensing site,

3.        Name of the decommissioning contractor,

4.        Decommissioning dates,

5.        Name of the vapor testing registered service representa- tive, and

6.        A statement indicating whether all gasoline dispensers at the gasoline dispensing site are being replaced.

G.      If any of the information provided under subsection (F) chan- ges, the owner or operator shall ensure that the Department receives the changed information at least 24 hours before the scheduled start of decommissioning.

H.      The owner or operator of a gasoline dispensing site shall ensure that all stage II vapor recovery systems are decommis- sioned according to the material incorporated by reference in R20-2-901(4) with the following exceptions:

1.        Liquid shall be purged from the vapor piping following disconnection in section 14.6.6;

2.        Vapor piping that is not disconnected from the tank top in accordance with section 14.6.7 shall be disconnected in the future if construction involving excavation that ren- ders the piping accessible is performed; and

3.        The pressure decay test conducted under section 14.6.12 shall meet the requirements in R20-2-1005(A)(1).

I.        The decommissioning contractor shall:

1.        Complete a Decommissioning Checklist using a form or format provided by the Department,

2.        Provide a copy of the completed Decommissioning Chec- klist to the owner or operator of the gasoline dispensing site at the time of decommissioning, and

3.        Submit a copy of the completed Decommissioning Chec- klist to the Department within 10 days after decommis- sioning of the stage II vapor recovery system is complete. Decommissioning of a stage II vapor recovery system is complete on the date and at the time when the gasoline dispensing site resumes sales of motor fuel following decommissioning.

J.        A gasoline dispensing site with a stage II vapor recovery system that is decommissioned is exempt from the annual inspection and testing required under R20-2-910 but shall be subject to the initial inspection and testing prescribed under R20-2-1005 within 60 days after decommissioning is com- plete.

K.      The requirements in Article 10 apply to all gasoline dispensing sites at which stage II vapor recovery systems have  been decommissioned.

L.        The Department shall place out-of-service a gasoline dispen- sing site at which a stage II vapor recovery system is not decommissioned according to this Section until the gasoline dispensing site is decommissioned and impose civil penalties under A.R.S. § 41-2115 on the owner or operator of the gaso- line dispensing site.

Historical Note

New Section made by final rulemaking at 21 A.A.R.

1693, effective October 3, 2015 (Supp. 15-3).