Current through Register Vol. 43, No. 39, September 26, 2024
(a) No person shall
load or permit the loading of gasoline from any bulk gasoline terminal (BGT)
loading rack into any gasoline delivery vessel (GDV) unless the BGT loading
rack is equipped with a vapor collection system that is connected to a vapor
processing system and unless this person complies with the requirements of this
regulation.
(b) The loading of
gasoline from a BGT into a GDV shall be carried out in compliance with the
following requirements.
(1) The level of
combustible organic vapors shall be less than 100 percent of the lower
explosive limit, measured as propane, at one inch around the perimeter of any
leak source on the GDV or the connected BGT vapor collection system during the
gasoline loading operation. Compliance shall be determined in accordance with
40 CFR Part 60, appendix A, reference method 21, revised as of July 1, 1986, or
an alternate method demonstrated to the satisfaction of the department to be
equivalent to that reference method.
(2) There shall not be any visible liquid
leaks from the GDV or the BGT vapor collection and processing system during the
gasoline loading operation.
(3)
The vapor collection and vapor processing system provided at the BGT shall be
designed and operated to prevent gauge pressure in the GDV from exceeding 18
inches of water and to prevent vacuum gauge pressure in the GDV from exceeding
six inches of water during the gasoline loading operation.
(4) The GDV being loaded shall be in
compliance with the requirements of subsection (c) of this regulation.
(c)
(1) The owner or operator of each GDV that is
operated within the area of applicability, as defined in subsection (f) of this
regulation, shall demonstrate that a pressure change in the GDV of not more
than three inches of water in five minutes will occur when the GDV is subjected
to these conditions:
(A) pressurized to a
gauge pressure of 18 inches of water; and
(B) evacuated to a gauge pressure of six
inches of water. This demonstration shall be made using the testing procedures
prescribed in 40 CFR Part 60, appendix A, method 27, revised as of July 1,
1986.
(2) The owner or
operator of each GDV operated within the area of applicability, as defined in
subsection (f) of this regulation, shall certify that the GDV satisfies the
requirements of paragraph (c)(1) of this regulation in the following manner.
(A) The owner or operator shall demonstrate
compliance with the parameters in paragraph (c)(1) by the successful completion
of an annual test of each GDV.
(B)
The period for annual testing shall be from January 1 to May 31, inclusive, of
each year.
(C) The owner or
operator shall submit the result or results of GDV testing to the department,
on forms approved by the department, before July 31 of the same year in which
the test is completed and in which compliance is to be demonstrated.
(D) Failure to test a GDV operated within the
area of applicability, as defined in subsection (f) of this regulation, before
June 1 of each year, shall be a violation of this regulation.
(E) Failure to submit the results of testing
for a GDV operated within the area of applicability on the department-approved
forms before July 31 of the certification year shall be a violation of this
regulation.
(3) Each
owner or operator of a GDV subject to this regulation shall place a copy or
copies of the annual successful test results in the respective GDV, which test
results name the company or person performing the testing.
(4) Within 15 days after a GDV fails the
required testing, the owner or operator shall either repair and then certify
that the GDV passed the required testing, or discontinue use as a GDV in areas
identified as not meeting the national ambient air quality standard for ozone
in the manner prescribed by the provisions of Section 107(d) of the federal
clean air act, 42 U.S.C. §7407(d), as promulgated at 40 CFR Part
81,revised as of July 1, 1986, and amended at 51 Fed. Reg. 25,200, July 11,
1986, until it has been tested successfully.
(5) Each owner or operator of a GDV shall
notify the director within 15 days of the date any liquid or vapor leaks occur
at the GDV during gasoline loading and transfer operations, and shall identify
the corrective measures taken to repair the GDV.
(6) Each owner or operator of a GDV shall
notify the department of the first time and place after certification that the
GDV transfers gasoline at a gasoline dispensing facility subject to K.A.R.
28-19-72, to provide the department with the opportunity to inspect the GDV
after certification in accordance with paragraphs (1) through (4) of this
subsection.
(d)
Gasoline shall not be loaded into or from any GDV that has not been certified
as complying with subsection (c).
(e) The provisions of this regulation shall
apply only to gasoline loading operations conducted at BGTs subject to the
provisions of K.A.R. 28-19-64, and to gasoline transfer operations at gasoline
dispensing facilities subject to the provisions of K.A.R. 28-19-72.
(f) Each owner or operator of a GDV operating
in areas that have been identified as not meeting the national ambient air
quality standard for ozone in the manner as prescribed by the provisions of
section 107(d) of the federal clean air act, 42 U.S.C. §7407(d), as
promulgated at 40 CFR Part 81, revised as of July 1, 1986, and amended at 51
Fed. Reg. 25,200, July 11, 1986 shall meet these requirements:
(1) comply with applicable requirements of
this regulation within 60 days after the GDV becomes subject to the provisions
of this regulation for GDVs in service before the effective date of this
regulation; and
(2) comply with
applicable requirements of this regulation as of the date of entering service
for GDVs entering service after the effective date of this regulation.