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DIR-2005-38b CITY OF CUPERTINO 10300 Torre Avenue, Cupertino, California 95014 (408) 777-3308 To: Mayor and City Council Members Chairman and Planning Commissioners ,---' From: Steve Piasecki, Director of Community Development::::~_..........1..__ Prepared by: Colin Jung, Senior Planner Date: January 12, 2006 Subject: Director' sMinor Modification, DIR-2005-38, to erect a state-mandated, above- ground, phase II vapor recovery system for an underground storage tank at an existing gasoline station located at 19990 Stevens Creek Boulevard. Chapter 19.132 of the Cupertino Municipal Code allows for administrative approval of minor changes in a project. The Director reports his decision to the City Council and Planning Commission in time to allow an appeal of the decision within fourteen calendar days. Director's Minor Modification, DIR-2005-38, to erect a state-mandated, above-ground, phase II vapor recovery system for an underground storage tank at an existing gasoline station located at 19990 Stevens Creek Boulevard. DISCUSSION: The applicant, Gettler-Ryan Inc., representing Shell Oil Products, is upgrading the piping for an underground gasoline storage tank for an existing gasoline station located at the corner of Stevens Creek Boulevard and Blaney Avenue. As part of this upgrade the applicant is required by the California Air Resources Board (CARB) to install vapor recovery systems to filter gasoline vapors that emanate when refueling vehicle ftiel tanks, a phase II system (Exhibit A). Presently, CARB has certified only one system that complies with its current air quality regulations, the Healy System, Inc. Phase II Enhanced Vapor Recovery System (Exhibit B). A photograph of a recent Healy installation in the City of Campbell is provided (Exhibit C). Its appearance, height (about 8.5 feet tall), vertical orientation, and above-ground installation is governed the CARB's rule making and is not subject to City regulation. Staff has been working with the applicant to minimize the visual impact of this vapor recovery system to the extent possible. The system will be located on an expanded landscape island behind the cashier's building where it will be screened trom street views by the building, gasoline dispensing stations and wooden lattice screens painted to match the building. DIR-2005-38 Page 2 January 12,2006 ACTION: The Director of Community Development deems the modification minor and approves the change as described in the plan set exhibit entitled: "UST Piping Upgrade/ Shell Oil Products/19990 Stevens Creek Boulevard/Cupertino, CA," dated9/6/2005 and consisting of three sheets labeled site plan (sheet 1), installation details (sheet 2), and Shell/Motiva U.S.T. Standards/Vent Riser Piping and/Healy Clean Air Tank. The approval is effective January 12, 2006. The fourteen calendar day appeal period expires on January 26, 2006. Enclosures: Exhibit A: CARB Vapor Recovery Certification Procedure, CP-201 Exhibit B: CARB Executive Order VR-201-A: Healy Systems, Inc. Phase II EVR System Exhibit C: Photograph of installed Healy System in Campbell, CA Plan Set G: \ Planning \ PDREPORT\ DIRreports \2005\ DIR-2005-38.doc California Environmental ProtectIon Agency Air Resources Board Vapor Recovery Certification Procedure CP-201 Certification Procedure for Vapor Recovery Systems at Gasoline Dispensing Facilities A set of definitions common to all Certification and Test Procedures are in: D-200 Definitions for Vapor Recovery Procedures For the purpose of this procedure, the term "CARB" refers to the California Air Resources Board, and the term "Executive Officer" refers to the CARB Executive Officer, or his or her authorized representative or designate. 1. GENERAL INFORMATION AND APPLICABILITY This document describes the procedure for evaluating and certifying Phase I and Phase II vapor recovery systems, and components, used at Gasoline Dispensing Facilities (GDF). A CARB Executive Order certifying the system shall be issued only after all of the applicable certification requirements have been successfully completed. This Certification Procedure, CP-201, is adopted pursuant to Section 41954 of the California Health and Safety Code (CH&SC) and is applicable to vapor recovery systems installed at gasoline dispensing facilities for controlling gasoline vapors emitted during the fueling of storage tanks (Phase I) and the refueling of vehicle fuel tanks (Phase II). Vapor recovery systems are complete systems and shall include all associated dispensers, piping, nozzles, couplers, processing units, underground tanks and any other equipment or components necessary for the control of gasoline vapors during Phase I or Phase II refueling operations at GDF. 1.1 Legislative and Regulatory Requirements of Other State Agencies As required pursuant to Sections 41955 and 41957 of the CH&SC, the Executive Officer shall coordinate this certification procedure with: 1 .1 .1 Department of Food and Agriculture, Division of Measurement Standards (DMS) 1.1.2 Department of Forestry and Fire Protection, Office of the State Fire Marshall (SFM) 1.1.3 Department of Industri,al Relations, Division of Occupational Safety and Health (DOSH) California Air Resources Board October 8, 2003 CP-201, Page 1 Prior to certification of the vapor recovery system by the Executive Officer, the applicant shall submit plans and specifications for the system to each of these agencies. Certification testing by these agencies may be conducted concurrently with CARB certi.fication testing; however, the approval of the SFM, OMS and DaSH shall be a precondition to certification by CARB. The applicant is responsible for providing documentation of these approvals to CARB. 1.2 Requirement to Comply with All Other Applicable Codes and Regulations Certification of a system by the Executive Officer does not exempt the system from compliance with other applicable codes and regulations such as state fire codes, weights and measures regulations, and safety codes and regulations. 2. GENERAL PERFORMANCE STANDARDS AND SPECIFICATIONS 2.1 Performance Standards A performance standard defines the minimum performance requirements for certification of any system, including associated components. Ongoing compliance with all applicable performance standards shall be demonstrated throughout certification testing. Systems and components shall comply, throughout the warranty period, with the applicable performance standards. 2.2 Performance Specifications A performance specification is an engineering requirement that relates to the proper operation of a specific system or component thereof. Performance specifications shall be identified in the application for certification. Ongoing compliance with the minimum level of performance specifications identified herein shall be demonstrated throughout certification testing and specified in the certification Executive Orders. Any applicant may request certification to a performance specification that is more stringent than the minimum performance standard or specification. The performance specification to which a system or component is certified shall be the minimum allowable level of performance the component is required to meet throughout the warranty period. Typical performance specifications include, but are not limited to, pressure drop and pressure integrity. 2.3 Innovative System The innovative system concept provides flexibility in the design of vapor recovery systems. A vapor recovery system that fails to comply with an identified performance standard or specification may qualify for consideration as an innovative system, provided that the system meets the primary emission factor/efficiency, complies with all other applicable requirements of certification, and the Executive Officer determines that the emission benefits of the innovati,on are greater than the consequences offailing to meet the identified standard or specification. California Air Resources Board October 8, 2003 CP-2011, Page 2 State of Callfornia AIR RESOURCES BOARD EXECUTIVE ORDER VR-201-A Healy Systems, Inc. Phase tI Enhanced Vapor Recovery (EVR) System Not including ISO WHEREAS, the California Air Resources Board (ARB) has established, pursuant to Galifarnia Health and Safety Code sections 25290.1.2, 39600, 39601 and 41954, certification procedures for systems designed for the control of gasoline vapor emissions during motor vehicle fueling operations (Phase II EVR vapor recovery systems) in its CP-201, Certification Procedure for Vapor Recovery Systems at Gasoline Dispensing Facilities (Certification Procedure) as last amended July 22, 2004, incorporated by reference in title 17, California Code of Regulations, section 94011 ; WHEREAS, ARB has established, pursuant to California Health and Safety Code sections 39600, 39601, 39607, and 41954, test procedures for determining the compliance of Phase 11 vapor recovery systems with emission standards; WHEREAS, Healy Systems, Inc. (Healy) requested certification of the Healy Systems, Inc. Phase II Enhanced Vapor Recovery (EVR) System (Healy Phase II EVR System Not Including In-Station Diagnostics (IS D)); WHEREAS, the Certification Procedure provides that the ARB Executive Officer shall issue an Executive Order if he or she determines that the vapor recovery system conforms to all of the applicable requirements set forth in the Certification Procedure; WHEREAS, I, Catherine Witherspoon, California Air Resources Board Executive Officer, find that the Healy Phase II EVR System Not Including ISO conforms with all requirements set forth in the Certification Procedure,includingcompatibility when fueling vehicles equipped with onboard refueling vapor recovery systems, and results in a vapor recovery system which is at least 95.0 percent efficient and shall not exceed 0.38 pounds of hydrocarbons per 1,000 gallon of gasoline transferred when tested pursuant to TP-201.2, Efficiency and Emission Factor for Phase fl Systems (October 8, 2003); NOW. THEREFORE, IT IS HEREBY ORDERED that the Healy Phase II EVR System Not Including ISO is certified to be at least 95 percent efficient and does not exceed 38 pounds of hydrocarbon per 1,000 gallons of gasoline transferred in attended and/or self-service mode when used With an ARB-certified Phase I -2- vapor recovery system and installed, operated, and maintained as specified herein and in the following exhibits. Exhibit 1 contains a list of the equipment certified for use with the Healy Phase II EVR System Not Including ISO. Exhibit 2 contains the performance standards, specifications, typical installation drawings and maintenance intervals applicable to the Healy Phase II EVR System Not Including ISO as installed in a gasoline dispensing facility (GDF). Exhibit 3 contains the manufacturing specifications, Exhibit 4 is the test procedure for verifying performance of the Healy Clean Air Separator. Exhibit 5 is the vapor to liquid ratio test procedure for verifYIng performance of the Healy 900 Nozzle. Exhibit 6 is the Healy Phase II EVR System Limited Warranty. Exhibit 7 is the nozzle bag test prtJcedure. Exhibit 8 is items to consider in conducting TP-201.3. IT IS FURTHER ORDERED that compliance with the applicable certification requirements, rules and regulations of the Division of Measurement Standards of the Department of Food and Agriculture, the Office of the Stafe Fire Marshal of the Department of Forestry and Fire Protection, the Division of Occupational Safety and Health of the Department of Industrial Relations, and the DiviSIon of Water Quality of the State Water Resources Control Board is made a condition of this certification. IT 18 FURTHER ORDERED that Healy shall provide a warranty for the vapor recovery system and components to the initial purchaser and each subsequent purchaser within the warranty period. The manufacturer of components listed in Exhibit 1 not manufactured by Healy Systems, Inc. shall provide a warranty to each of their components certified herein. The warranty shall include the ongoing compliance with all applicable performance standards and specifications and shall comply with all warranty requirements in Section 9.2 of the Certifi.cation Procedure. Healy or other manufacturers may specify that the warranty is contingent upon the use of trained installers. Copies of the warranty for the system and components shall be made available to the gasoline dispensing facility owner/operator. IT 18 FURTHER ORDERED that the certified components manufactured by Healy Systems, Inc. shall be 100% performance tested by the manufacturer using the applicable procedures listed in Exhibit 3. IT IS FURTHER ORDERED that the certified Healy Phase 11 EVR System Not Including ]SD shall be installed, operated, and maintained in accordance with the ARB Approved Installation, Operation, and Maintenance Manual for the Healy Phase II EVR System Not Including ISD. A copy of this Executive Order and the ARB Approved Installation, Operation and Maintenance Manual for the Healy Phase II EVR System Not Including ISD shall be maintained at each GDF where a certified Healy Phase II EVR System Not Including ISO is installed. HEALY PHASE II EVR SYSTEM - VR-201-A -3- IT IS FURTHER ORDERED that equipment listed in ExhibIt 1, unless exempted In writing by ARB, shall be dearly identified by permanent identification number showing the manufacturer's name and model number. IT IS FURTHER ORDERED that any alteration in the equipment parts, design, installation, or operation of the system certified hereby is prohibited and deemed inconsistent with this certification, unless the alteration has been submitted in writing and approved in writing by the Executive Officer or Executive Officer delegate. ITAS FURTHER ORDERED that the following requirements are made a condition of certification. The owner or operator of the Healy Phase 11 EVR System Not Including ISO shall conduct and pass the following tests no later than 60 days after startup and at least once in each twelve month period, using the following test procedures: TP-201.3, Determination of 2 Inch we Static Pressure Performance of Vapor Recovery Systems of Dispensing Facilities (March 17, 1999); Exhibit4, Determination of Static Pressure Performance of the Healy Clean Air Separator; and Exhibit 5, Vapor to Liquid Volume Ratio for Healy Phase If EVR System. Shorter time periods may be specified in accordance with local district requirements. Notification of testing, and submittal of test results, shaH be done in accordance with local district requirements and pursuant to policies established by that district Alternative test procedures, including most recent versions of the test procedures listed above, may be used if determined by the ARB Ex.ecutive Officer or Executive Officer delegate, in writing, to yield equivalent results. IT IS FURTHER ORDERED that the following requirements are made a condition of certification. The owner or operator of the Healy Phase II EVR System Not Including ISD shall conduct, and pass, the following tests no later than 60 days after startup using Exhibit 7, Nozzle Bag Test Procedure. TP-201 A, Dynamic Back Pressure (July 3, 2002),. shall be conducted in accordance with the condiHons listed in item 1 of the Vapor Recovery Piping Configurations section of Exhibit 2. Local districts have the authority to require conducting of Exhibit 5, Vapor to Liquid Volume Ratio for Healy Phase II EVR System, in lieu of TP-201 A, Dynamic Back Pressure (July 3,2002), provided that at least 2 gallons of product are introduced into the system through each dispenser riser prior to conductlng the test. Notification of testing and submittal of test results shall be done in accordance with local district requirements and pursuant to the policies established by that district. Alternative test procedures, including most recent versions of the test procedures listed above, may be used if determined by the ARB Offjcer or Executive Officer delegate, in writing, yield equivalent results. IT IS FURTHER ORDERED that, except as provided above, local districts at their option will specify the testing frequency of the nozzle vapor valves. If noz.zle vapor HEALY PHASE II EVR SYSTEM - VR.20 1.A 4- valve tests are required by the district, the test shall be conducted in accordance with Exhibit 7, Noztle Bag Test Procedure. iT IS FURTHER ORDERED that the Healy Phase II EVR System Not Induding ISO shall be compatible with fuels in common use in California at the time of certification and any modifications to comply with future California fuel requirements shall be approved in writing by the Executive Officer or Executive Officer delegate. IT IS FURTHER ORDERED that the certification of the Healy Phase II EVR System Not Including ISO is valid through August 1, 2009. Executed at Sacramento, Catifornia, this 8~ day of April 2005. //1 . ~.::::? L.;;d!2-t {'v~C::.c-j ~ Catherine Witherspoon C'// . Executive Officer Attachments: Exhibit 1 Equipment List Exhibit 2 System Specifications Exhibit 3 Healy Manufacturing Performance Standards and Specifications Exhibit 4 Determination of Static Pressure Performance of the Healy Clean Air Separator Vapor to Liquid Volume Ratio for Healy Phase U EVR System Healy Phase II EVR System Limited Warranty Nozzle Bag Test Procedure Items to Consider in Conducting TP-201.3 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 HEALY PHASE IJ EVR SYSTEM - VR-201-A CREEK BOULEVARD w ::) z w ~ >- w Z Cl: ... 1tI iii <<:t<. p~NI'm LEGEND SHEET INDEX NOTES @PJ:o.::M;l,,,JH:>TJOO:IWlN<OIOSfJ<(tOll'<t$l.<8. @O<OO<:""""''''''''''''''''''''_''SU__''''''' @=,::: ::,~"'.::~:':'~~P$. REfE' TO SECT JWO;l..SOO' @~''':'':. 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WH!.N APPRQIIIDPROrECTI\IEEN<:LOSURESAREUSEO, API"R(M:Ol.<E:ANSSHilLlBEPRO'<lDEll rov!'::r'nlLArt' rHE'<OlUME'MTHNTHEENCl.OSIJRETOPR~Nr POCKETING OF FlJ>J.ltJAlllE VN>ORS N01[ AOOlTl()I\j.<,l SCREEN WiILL C~ ~t~~~T~o~~C~~ R~~~~E,J BY r.I~1~~~5 ~~U~~Er.I~~~SC:~E2:~ SECl'ON 5202.U.~.2 'f A aOWN5l0PE D<JSfo;; [lJ\'lNl) THE: lOV\lION OF THE \fAPOR-PROCESSINC UNlr rROIol A rUEL-l~NII$FER ~~~'OT:"EL ~1~~;~r~~O~~~~E ~~'~~'GHT. 5202.13,].~ Il'ISliILLATIOI'-l W\FOR-PROCES5ir>KilJNrTSSHilLlBr.SECIJRfIl" ~~:r~O~~~~l:~:~~1t~~R ~l~:~uCruRAl VAPQII-RECO\IERrANO IW''{lI'l-PROCfS'SlNOEO'JIPMfNT ~~"50TOBEINSr~U.EOONROCf"SWHrN I '-0. I '4 I ~ @SheIlQ;lP"'ducl'US.IIIIFlignl.Re'B"'''''200+ II Shell Oil Products US II Motiva Enterprises LlC K~':!!!-~____ ~~J:- '....rrr SHELL'MOTIVA U.S.T. STANDARDS VENT RISER PIPING AND HEALY CLEAN AIR TANK ~~~;Ei~ i:e.1f:,~:?,;.~~~~r:~:';; be ............"i..........';..,;.", ,................. ::*'~~.;.:~:~;;~~::~..~::.:'.'; ::\'!:.:. t.. __... 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