(1) 
Policy. The Board of Directors of the Tulalip Tribes recognizes the need for a special regulation to reduce ozone concentrations as required by the Federal Clean Air Act as amended. Accordingly, the Board has adopted this article to provide for control of photochemically reactive volatile organic compounds (VOC), which are precursors to ozone, to meet the National Ambient Air Quality Standard for ozone.
(2) 
Special Definitions. When used in this article of the Tulalip Department of Environment:
(a) 
“Bottom loading”
means the filling of a tank through a line entering the bottom of the tank.
(b) 
“Bulk gasoline plant”
means a gasoline storage and transfer facility that receives more than 90 percent of its annual gasoline throughput by transport tank, and reloads gasoline into transport tanks.
(c) 
“Gasoline”
means a volatile organic compound having a true vapor pressure greater than 10.5 kilopascals (kPa) (1.5 pounds per square inch absolute – psia) at 20 degrees Celsius temperature, that is a liquid at standard conditions of 102.9 kPa (14.7 psi) and 20 degrees Celsius, and is used as a fuel for internal combustion engines.
(d) 
“Gasoline loading terminal”
means a gasoline transfer facility that receives more than 10 percent of its annual gasoline throughput solely or in combination by pipeline, ship or barge, and loads gasoline into transport tanks.
(e) 
“Petroleum refinery”
means a facility engaged in producing gasoline, kerosene, distillate fuel oils, residual fuel oils, lubricants, asphalt, or other products by distilling crude oils or redistilling, cracking, extracting or reforming unfinished petroleum derivatives.
(f) 
“Submerged fill line”
means any discharge pipe or nozzle that meets either of the following conditions:
(i) 
Where the tank is filled from the top, the end of the discharge pipe or nozzle must be totally submerged when the liquid level is six inches from the bottom of the tank.
(ii) 
Where the tank is filled from the side, the discharge pipe or nozzle must be totally submerged when the liquid level is 18 inches from the bottom of the tank.
(g) 
“Transport tank”
means a container with a capacity greater than 1,000 liters (264 gallons) used for transporting gasoline, including, but not limited to, tank truck, tank trailer, railroad car, and metallic or nonmetallic tank or cell conveyed on a flatbed truck, trailer, or railroad car.
(h) 
“True vapor pressure”
means the equilibrium partial pressure of an organic liquid (determined with methods described in American Petroleum Institute Bulletin 2517, “Evaporation Loss from Floating Roof Tanks,” February 1989).
(i) 
“Turnaround”
means the shutting down and starting up of process units for periodic maintenance and repair of equipment, or other planned purpose.
(j) 
“Vapor recovery system”
means a process that prevents emission to the atmosphere of volatile organic compounds released by the operation of any transfer, storage, or process equipment.
(Ord. 96 § 8.01, 6-7-1997 (Res. 97-0118))
(1) 
Stage 1 vapor recovery system requirements shall apply to:
(a) 
All gasoline stations with a total annual gasoline throughput greater than 200,000 gallons and total gasoline storage capacity greater than 100,000 gallons; and
(b) 
All new stationary gasoline storage tanks greater than 1,000 gallons capacity.
(2) 
It shall be unlawful for the owner or operator of a gasoline station subject to Stage 1 vapor recovery system requirements to cause or allow the transfer of gasoline from any transport tank into any stationery storage tank unless:
(a) 
The stationary storage tank is equipped with a permanent submerged fill line and a Stage 1 vapor recovery system certified by the California Air Resources Board;
(b) 
The transport tank is equipped to balance vapors; and
(c) 
All vapor return lines are connected between the transport tank and the stationary storage tank, and the State 1 vapor recovery system is operating.
(3) 
Stage 2 vapor recovery system requirements shall apply to:
(a) 
All gasoline stations located within the exterior boundaries of the Reservation, with a total annual gasoline throughput greater than 600,000 gallons and a total gasoline storage capacity greater than 10,000 gallons;
(b) 
All new stationary gasoline storage tanks greater than 1,000 gallons capacity.
(4) 
The owner or operator of a gasoline station subject to Stage 2 vapor recovery system requirements shall install a Stage 2 vapor recovery system in accordance with the following schedule.
(a) 
Businesses that own 10 or more gasoline stations within the exterior Reservation boundaries:
(i) 
At least 50 percent of facilities with an annual throughput greater than 840,000 gallons by May 1, 1994;
(ii) 
The remaining facilities with an annual throughput greater than 840,000 gallons by May 1, 1995; and
(b) 
All gasoline stations with an annual throughput greater than 1,200,000 gallons by May 1, 1994; and
(c) 
All other gasoline stations by December 31, 1998.
(5) 
It shall be unlawful for the owner or operator of a gasoline station subject to Stage 2 vapor recovery system requirements to cause or allow the transfer of gasoline from any stationary storage tank into any motor vehicle fuel tank (except motorcycles) unless:
(a) 
The gasoline dispenser is equipped with a Stage 2 vapor recovery system certified by the California Air Resources Board and installed in accordance with the system’s certification requirements;
(b) 
The vapor return line is connected between the stationary storage tank and the motor vehicle fuel tank;
(c) 
All bellows-type nozzles are inspected daily, and if determined to be defective are taken out of service until repaired or replaced;
(d) 
Operating instructions for the Stage 2 vapor recovery nozzles are conspicuously posted and include a warning against topping off. The instructions shall include a prominent display of the Department of Ecology’s toll-free telephone number for complaints regarding the operation and condition of the nozzles.
(Ord. 96 § 8.03, 6-7-1997 (Res. 97-0118))
(1) 
This section shall apply to all gasoline transport tanks and all facilities.
(2) 
It shall be unlawful for any person to cause or allow the transfer of gasoline between a facility and a gasoline transport tank unless a current leak test certification for the transport tank is on file with the facility or a valid inspection sticker is displayed on the vehicle.
(3) 
It shall be unlawful for any person to cause or allow the operation of any facility unless the vapor recovery system and the gasoline loading equipment is operated during all loading and unloading of gasoline such that it:
(a) 
Is leak tested annually;
(b) 
Displays a sticker and carries a certificate that:
(i) 
Show the date the tank last passed the leak test; and
(ii) 
Show the identification number of the tank; and
(c) 
Is loaded and unloaded in such a manner that the concentration of gasoline vapors is below the lower explosive limit (expressed as propane) at all points a distance of two and one-half centimeters (one inch) or greater from any potential leak source. Any transport tank that fails to meet the requirements of this subsection shall be repaired and retested within 10 days. The Control Officer shall be notified in writing within five days after the completion of the required leak test.
(4) 
It shall be unlawful for any person to cause or allow the operation of any facility unless the vapor recovery system and the gasoline loading equipment is operated during all loading and unloading of gasoline such that:
(a) 
The concentration of gasoline vapors is below the lower explosive limit (expressed as propane) at all points a distance of two and one-half centimeters (one inch) or greater from any potential leak source; and
(b) 
There are no liquid leaks in excess of three drops per minute and there is no more than 10 ml of liquid drainage per disconnect.
(5) 
During the test, each transport tank shall sustain a pressure change of no more than 0.75 kPa (three inches) of water in five minutes when pressurized to a gauge pressure of four and one-half kPa (18 inches) of water and evacuated to a gauge pressure of one and one-half kPa (six inches) of water during the test.
(Ord. 96 § 8.05, 6-7-1997 (Res. 97-0118))