Cap. 311 sub. leg. S

Air Pollution Control (Petrol Filling Stations) (Vapour Recovery) Regulation(Cap. 311, section 43)(Enacting provision omitted—E.R. 1 of 2023) [1 April 1999] L.N. 47 of 1999(Format changes—E.R. 1 of 2023) 1. (Omitted as spent—E.R. 1 of 2023) 2. Interpretation In this Regulation, unless the context otherwise requires— certificate (證書)— (a) means a certificate issued under section 5; (b) (Repealed L.N. 218 of 2004) competent examiner (合資格檢驗師) means a registered professional engineer in the building services, gas, chemical, environmental, marine and naval architecture or mechanical discipline under the Engineers Registration Ordinance (Cap. 409);existing petrol filling station (現存油站) means a petrol filling station which was in operation immediately before the relevant date; latest certificate (最新近的證書), in relation to a regulated vehicle or petrol filling station, means the most recent certificate— (a) issued in respect of the vehicle or station, as the case may be; and (b) received by the owner of the vehicle or station, as the case may be; operator (操作員) means a person who is engaged in the unloading of petrol from a regulated vehicle to a petrol storage tank;owner (擁有人), in relation to a petrol filling station, includes a person who owns part of the station;petrol delivery tank (運油缸) means a tank in a regulated vehicle from which petrol is unloaded into a petrol storage tank; petrol dispenser (加油機) means an installation in a petrol filling station— (a) used or intended to be used for dispensing petrol into the fuel tank of a motor vehicle (whether or not also for dispensing petrol into any other container); (b) designed or constructed for housing a petrol meter and any above ground level petrol and vapour recovery piping; and (c) designed or constructed for hanging a petrol pump nozzle; (L.N. 218 of 2004) petrol filling station (油站)— (a) subject to paragraph (b), means premises equipped with an installation designed or constructed to dispense petrol, either directly or through a separate container, into the fuel tank of a motor vehicle or a vessel; (b) does not include such premises served by barges; petrol storage tank (貯油缸)— (a) subject to paragraph (b), means a storage tank in a petrol filling station into which petrol from a regulated vehicle is unloaded, whether in the form of a bulk storage tank or 2 or more storage tanks; (b) does not include such tanks which store petrol for a specified process; Phase I vapour recovery system (第I期汽體回收系統) means a system which is designed or constructed in such a way that petrol vapour displaced from a petrol storage tank in the course of unloading petrol into the tank is recovered by the system in the petrol delivery tank from which petrol is being unloaded; (L.N. 218 of 2004)Phase II vapour recovery system (第II期汽體回收系統) means a system which is designed or constructed in such a way that by means of a vacuum created by a mechanical pump installed in the system, petrol vapour displaced from the fuel tank of a motor vehicle in the course of dispensing petrol into the tank is recovered via a coaxial dispensing hose installed in the system in the petrol storage tank from which petrol is being dispensed; (L.N. 218 of 2004) pressure/vacuum valve (調壓排氣閥) means a dual purpose valve— (a) with pressure settings in accordance with the manufacturer’s specifications; and (b) which allows relatively small pressure increases or decreases to occur within a petrol storage tank or pipe to which it is connected without allowing vapour venting to the atmosphere or air in-breathing into the tank or pipe; regulated vehicle (受管制車輛) means a motor vehicle which is constructed or adapted primarily for the delivery of petrol and is used to deliver petrol to a petrol filling station situated in Hong Kong whether for retail or not;relevant date (有關日期) means 31 March 2005; (L.N. 218 of 2004) vapour recovery system (汽體回收系統)— (a) in relation to a regulated vehicle, means any Phase I vapour recovery system with which the vehicle is installed; (b) in relation to a petrol filling station, means—(i) all Phase I vapour recovery systems with which the station is installed; and(ii) all Phase II vapour recovery systems with which the station is installed. (L.N. 218 of 2004) (L.N. 218 of 2004) 3. Vapour recovery system to be installed (1) No person shall own a regulated vehicle unless it is installed with a Phase I vapour recovery system.(2) No person shall own a petrol filling station unless—(a) each petrol storage tank of the station is installed with a Phase I vapour recovery system; and(b) each petrol dispenser of the station is installed with a Phase II vapour recovery system.(L.N. 218 of 2004) 4. Testing and examination (1) The owner of a regulated vehicle or petrol filling station shall cause its vapour recovery system and all pipes connected therewith to be tested and examined by a competent examiner in accordance with the test requirements specified in section 8A— (L.N. 218 of 2004)(a) upon the completion of the installation of the system and before the system is put into use for the first time;(b) immediately after any modifications have been effected to the system and before the system is put into use again; and(c) at least once every period of 12 months.(2) In subsection (1)(b), modifications (改裝) means the replacement or relocation of—(a) a petrol storage tank installed with the vapour recovery system; or(b) the vapour recovery piping, but excluding the coaxial dispensing hose to which it is connected. (L.N. 218 of 2004) 4A. Further tests required by Authority (1) If the Authority considers that any part of the vapour recovery system of a regulated vehicle or of a petrol filling station is not functioning properly in the course of unloading or dispensing petrol, as may be appropriate, he may serve a notice in writing on the owner of the vehicle or station, as the case may be, requiring the owner to cause further test and examination to be carried out in respect of any part of the system by a competent examiner in accordance with the test requirements specified in section 8A within the period specified in the notice.(2) The Authority may take into account the following matters in determining whether the vapour recovery system of a regulated vehicle or of a petrol filling station is functioning properly—(a) whether the system is in operation in the course of unloading or dispensing petrol, as may be appropriate;(b) whether the system has any mechanical damage or defect;(c) whether there is any objectionable odour in the station in the course of unloading or dispensing petrol, as may be appropriate;(d) whether there is any leakage of petrol from the system in the course of unloading or dispensing petrol, as may be appropriate.(3) The owner of a regulated vehicle or petrol filling station on whom a notice under subsection (1) is served shall cause further test and examination to be carried out in accordance with the notice.(L.N. 218 of 2004) 5. Competent examiners and certificates (1) If, after having carried out the test and examination required under section 4 or 4A, a competent examiner is satisfied that the vapour recovery system of a regulated vehicle or of a petrol filling station complies with the test requirements specified in section 8A, he may issue a certificate in a form specified by the Authority to the owner of the vehicle or station, as the case may be.(2) A competent examiner shall not issue a certificate containing any statement or information which he knows or reasonably ought to know to be false or misleading in a material particular.(L.N. 218 of 2004) 6. Display of certificate (1) The owner of a regulated vehicle or petrol filling station shall display the latest certificate showing his compliance with the requirements on testing and examination under section 4 or 4A at a conspicuous location on the vehicle or in the station, as the case may be.(2) The owner of a petrol filling station shall not carry out, or cause or permit to be carried out, any unloading of petrol from a regulated vehicle to a petrol storage tank in the station unless there are the latest certificates displayed in respect of the vehicle and the station in accordance with subsection (1).(3) The owner of a petrol filling station shall not dispense, or cause or permit petrol to be dispensed with any petrol dispenser of the station into the fuel tank of a motor vehicle or any other container unless there is the latest certificate displayed in respect of the station in accordance with subsection (1). (L.N. 218 of 2004)(L.N. 218 of 2004) 6A. Prohibition of dispensing petrol The owner of a petrol filling station shall not dispense, or cause or permit petrol to be dispensed with a petrol dispenser of the station into the fuel tank of a motor vehicle or any other container if he knows or reasonably ought to know that any Phase II vapour recovery system with which the dispenser is installed is not in operation in the course of dispensing petrol.(L.N. 218 of 2004) 7. Operation (1) An operator shall not carry out, or continue to carry out, the unloading of petrol from a regulated vehicle to a petrol storage tank if the vapour and liquid connections of the vapour recovery systems of the vehicle and the tank are not completely interconnected.(2) Where any leakage of petrol occurs during the unloading of petrol from a regulated vehicle to a petrol storage tank, the operator shall stop the unloading as soon as is practicable and not recommence the unloading until satisfied that there will be no further leakage of petrol. 8. Exemptions Paragraph (b)(ii) of the definition of vapour recovery system in section 2, sections 3(2)(b) and 6A and section 2.1 of Part 1 of Schedule 2 and Part 2 of that Schedule shall not apply in relation to all existing petrol filling stations until the expiry of 36 months immediately following the relevant date, with the exception of any existing petrol filling station which has each of its petrol dispenser installed with a Phase II vapour recovery system within 36 months immediately following the relevant date.(L.N. 218 of 2004) 8A. Test requirements The test requirements specified for the purposes of sections 4, 4A and 5 are—(a) in the case of the vapour recovery system of a regulated vehicle, the test requirements specified in Schedule 1;(b) in the case of the vapour recovery system of a petrol filling station, the test requirements specified in Schedule 2.(L.N. 218 of 2004) 9. Offences and penalties (1) A person who contravenes section 3(1), or the owner of a regulated vehicle who contravenes section 4(1) or 4A(3), commits an offence and is liable on conviction to a fine of $200,000 and to imprisonment for 6 months. (L.N. 218 of 2004)(2) A person who contravenes section 3(2), or the owner of a petrol filling station who contravenes section 4(1), 4A(3), 6(2) or (3) or 6A, commits an offence and is liable on conviction to a fine of $200,000 and to imprisonment for 6 months. (L.N. 218 of 2004)(2A) A competent examiner who contravenes section 5(2) commits an offence and is liable—(a) on a first conviction, to a fine at level 5;(b) on a second or subsequent conviction, to a fine at level 5 and to imprisonment for 3 months. (L.N. 218 of 2004)(3) The owner of a regulated vehicle who contravenes section 6(1), or the owner of a petrol filling station who contravenes section 6(1), commits an offence and is liable on conviction to a fine at level 5.(4) An operator who contravenes section 7(1) or (2) commits an offence and is liable—(a) on a first conviction, to a fine at level 5;(b) on a second or subsequent conviction, to a fine at level 5 and to imprisonment for 3 months. 10. (Omitted as spent—E.R. 1 of 2023) Schedule 1 [s. 8A](L.N. 218 of 2004)Static Pressure Performance Test for the Vapour Recovery System of a Regulated Vehicle 1. General This procedure applies to the determination of the five-minute static pressure performance of a vapour recovery system of a regulated vehicle by fluid mechanical principles. 2. Determination of compliance 2.1 The outlet of any vent pipe serving the vapour recovery system shall be fitted with a pressure/vacuum valve.2.2 For tests in sections 5.1 and 5.2, the following requirements shall be complied with the maximum allowable pressure change in 5 minutes for the petrol delivery tank of a regulated vehicle shall be as tabulated below which has been—(a) pressurized to 4.48 kPa (457 mm water column, gauge); or(b) evacuated to -1.49 kPa (152 mm water column, gauge vacuum). Capacity of a petroldelivery tank or acompartment(litres) Allowable pressure change in 5 minutes per petrol delivery tank or compartment tested (kPa (mm water column, gauge)) 9 475 or more 0.127 (13) 5 685 to 9 474 0.186 (19) 3 790 to 5 684 0.245 (25) 3 789 or less 0.314 (32) 2.3 For tests in section 5.3, the maximum allowable pressure change in the vapour return line in 5 minutes (difference between initial and final pressures) shall be 1.25 kPa (127 mm water column, gauge). 3. Principle and summary of test procedure The regulated vehicle is to be tested in a location where it will be protected from direct sunlight. The petrol delivery tank on the regulated vehicle is to be pressurized, isolated from the pressure source, and the pressure drop recorded to determine the rate of pressure change. A vacuum test is to be conducted in the same manner. 4. Test equipment 4.1 Source of air or inert gas capable of pressurizing tanks to 6.9 kPa (704 mm water column, gauge).4.2 Low pressure (1.25 kPa (127 mm water column, gauge) divisions) regulator for controlling pressurization of tank.4.3 Water manometer with 0 to 6.22 kPa (0 to 635 mm water column, gauge) range, with scale reading of 0.01 kPa (1 mm water column, gauge).4.4 Test cap for vapour line with a shut-off valve for connection to the pressure and vacuum supply hoses. The test cap is to be equipped with a tap for connecting the manometer.4.5 Caps for liquid delivery line.4.6 Vacuum pump of sufficient capacity to evacuate tank to -2.49 kPa (254 mm water column, gauge vacuum).4.7 Pressure and vacuum supply hose of 6.4 mm internal diameter.4.8 In-line, pressure-vacuum relief valve set and checked to activate at 6.9 kPa (704 mm water column, gauge) and -2.49 kPa (254 mm water column, gauge vacuum) and with a capacity equal to the pressurizing or evacuating pumps. 5. Test procedure 5.1 Static pressure performance, positive pressurization 5.1.1 Static pressure performance measurement(a) Check all the pressure/vacuum valves serving the petrol delivery tanks to ensure that they are working properly.(b) Open and close the dome covers.(c) Connect static electrical ground connections to tank. Attach the delivery and vapour hoses, remove the delivery elbows and plug the liquid delivery fittings.(d) Attach the test cap to the vapour recovery line of the regulated vehicle.(e) Connect the pressure and vacuum supply hose and the pressure-vacuum relief valve to the shut-off valve. Attach the pressure source to the hose. Attach a manometer to the pressure tap.(f) Connect compartments of the petrol delivery tank internally to each other if possible.(g) Apply air pressure slowly, pressurize the tank, or alternatively the first compartment, to 4.48 kPa (457 mm water column, gauge).(h) Close the shut-off valve, allow the pressure in the petrol delivery tank to stabilize (adjust the pressure if necessary to maintain 4.48 kPa (457 mm water column, gauge)), record the time and initial pressure.(i) At the end of 5 minutes, record the final time and pressure.5.1.2 Pressure change from 4.48 kPa (457 mm water column, gauge)(a) Calculate the pressure change from 4.48 kPa (457 mm water column, gauge) to the final pressure, and compare the pressure change to the requirements in section 2.2.(b) Repeat for each compartment if they were not interconnected.5.2 Static pressure performance, negative pressurization This procedure does not apply unless pressurized air lines or other equipment penetrate the petrol delivery tank headspace.5.2.1 Static pressure performance measurement(a) Check all the pressure/vacuum valves serving the petrol delivery tanks to ensure that they are working properly.(b) Connect vacuum source to the pressure and vacuum supply hose.(c) Slowly evacuate the petrol delivery tank, or alternatively the first compartment, to -1.49 kPa (152 mm water column, gauge vacuum). Close the shut-off valve, allow the pressure in the petrol delivery tank to stabilize (adjust the pressure if necessary to maintain -1.49 kPa (152 mm water column, gauge vacuum)), record the time and initial pressure. At the end of 5 minutes, record the final time and pressure.5.2.2 Pressure change from -1.49 kPa (152 mm water column, gauge vacuum)Calculate the pressure change from -1.49 kPa (152 mm water column, gauge vacuum) to the final pressure, and compare the pressure change to the requirements in section 2.2.5.3 Internal vapour valve performance, positive pressurization 5.3.1 Static pressure performance measurement(a) After completing the pressure and vacuum tests, pressurize the petrol delivery tank as in section 5.1 to 4.48 kPa (457 mm water column, gauge).(b) Close the petrol delivery tank’s internal valve(s) including the internal vapour valve(s), thereby isolating the vapour return line and manifold from the petrol delivery tank.(c) Relieve the pressure in the vapour return line to atmospheric pressure.(d) Seal the vapour return line and after 5 minutes record the gauge pressure existing in the vapour return line and manifold.5.3.2 Pressure change from 4.48 kPa (457 mm water column, gauge)Calculate the pressure change from 4.48 kPa (457 mm water column, gauge) to the final pressure, and compare the pressure change to the requirements in section 2.3. Schedule 2 [ss. 8 & 8A]Test Requirements for Vapour Recovery System of Petrol Filling Station Part 1 Vapour Tightness Test for Vapour Recovery System of Petrol Filling Station 1. General 1.1 This procedure applies to the determination of the vapour tightness of the vapour recovery system of a petrol filling station.1.2 In this Part, pressure/vacuum valve (調壓排氣閥) means a dual purpose valve which allows relatively small pressure increases or decreases to occur within a petrol storage tank or pipe to which it is connected without allowing vapour venting to the atmosphere or air in-breathing into the tank or pipe. 2. Determination of compliance 2.1 The outlet of any vent pipe serving the vapour recovery system of a petrol filling station shall be fitted with a pressure/vacuum valve with the following pressure settings—(a) positive pressure within the range from 0.872 kPa (88.9 mm water column, gauge) to 0.622 kPa (63.5 mm water column, gauge); and(b) negative pressure within the range from -2.49 kPa (254.0 mm water column, gauge) to -1.49 kPa (152.4 mm water column, gauge).2.2 The vapour tightness of the vapour recovery system of a petrol filling station shall be tested in accordance with the Vapour Recovery Test Procedure TP-201.3—Determination of 2 Inch WC Static Pressure Performance of Vapour Recovery Systems of Dispensing Facilities (TP-201.3 Procedure) adopted on 12 April 1996 and amended on 17 March 1999 by the Air Resources Board of the California Environmental Protection Agency.2.3 The final five-minute pressure performance of the vapour recovery system shall not be lower than the minimum allowable final pressure set out in Table 1B of the TP-201.3 Procedure. Part 2 Air to Liquid Volume Ratio Test for Vapour Recovery System of Petrol Filling Station 1. General This procedure applies to the quantification of the air to liquid volume ratio of the petrol pump nozzle of the vapour recovery system of a petrol filling station. 2. Determination of compliance 2.1 The air to liquid volume ratio of the petrol pump nozzle of the vapour recovery system shall be tested in accordance with the Vapour Recovery Test Procedure TP-201.5—Air to Liquid Volume Ratio Test adopted on 12 April 1996 and amended on 1 February 2001 by the Air Resources Board of the California Environmental Protection Agency.2.2 The air to liquid volume ratio shall be within the range of 0.8 to 1.2.(Schedule 2 replaced L.N. 218 of 2004) Schedule 3 (Repealed L.N. 218 of 2004)