Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
224.20-100,
224.20-110,
224.20-120,
42 U.S.C.
7401-7626,
7407,
7408,
7410
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
224.10-100 requires the Environmental and
Public Protection Cabinet to prescribe administrative regulations for the
prevention, abatement, and control of air pollution.
42
USC 7410 likewise requires the state to
implement standards for national primary and secondary ambient air quality.
This administrative regulation provides for the control of volatile organic
compound emissions from new bulk gasoline plants.
Section 1. Definitions. As used in this
administrative regulation, all terms not defined in this section shall have the
meaning given to them in
401 KAR
59:001.
(1)
"Affected facility" means a bulk gasoline plant.
(2) "Bulk gasoline plant" means a facility
for the storage and dispensing of gasoline that employs tank trucks, trailers,
railroad cars, or other mobile nonmarine vessels for both incoming and outgoing
gasoline transfer operations.
(3)
"Gasoline" means a petroleum distillate having a Reid vapor pressure of four
(4.0) pounds per square inch or greater used as a fuel for internal combustion
engines.
(4) "Bottom-fill system"
means a system of filling transport vehicle tanks through an opening that is
flush with the bottom of the transport vehicle tank.
(5) "Vapor balance system" means a
combination of pipes or hoses which create a closed system between the vapor
spaces of an unloading tank and receiving tank such that vapors displaced from
the receiving tank are transferred to the tank being unloaded.
(6) "Submerged fill tube system" means a fill
tube the discharge of which is entirely submerged when the liquid level is six
(6) inches above the bottom of the transport vehicle tank.
(7) "Classification date" means June 29,
1979.
(8) "Transport vehicle" means
tank trucks, trailers, or railroad tank cars.
Section 2. Applicability.
(1) This administrative regulation shall
apply to:
(a) Each affected facility commenced
on or after the classification date defined in Section 1 of this administrative
regulation and located in a county or portion of a county designated as
nonattainment for ozone in
401 KAR
51:010, for any classification except marginal;
and
(b) Each affected facility
commenced on or after September 28, 1994 which is part of a major source
located in a county or portion of a county designated attainment or marginal
nonattainment for ozone in
401 KAR
51:010.
(2) Each affected facility commenced on or
after the classification date defined in Section 1 of this administrative
regulation but prior to September 28, 1994 which is part of a major source
located in a county or portion of a county designated attainment or marginally
nonattainment for ozone in
401 KAR
51:010 shall be exempt from this administrative
regulation except that control devices and procedures required by a previous
version of this administrative regulation at the time it commenced shall
continue to be operated and maintained.
Section 3. Standard for VOCs.
(1) The owner or operator of an affected
facility shall install, maintain, and operate:
(a) Stationary storage tank control devices
according to
401 KAR
59:050 or
401 KAR
61:050.
(b) A vapor balance system or an equivalent
control approved by the cabinet and the U.S. EPA for:
1. Filling of stationary storage tanks from
transport vehicle tanks; and
2.
Filling of transport vehicle tanks from stationary storage
tanks.
(c) For loading
into transport vehicle tanks either:
1. A
submerged fill tube system; or
2. A
bottom-fill system.
(2) The vapor balance system shall be
equipped with fittings which are vapor tight and automatically close upon
disconnection so as to prevent the release of organic material.
(3) The cross-sectional area of the vapor
return hose shall be at least fifty (50) percent of the cross-sectional area of
the liquid fill line and free of flow restrictions.
(4) Transport vehicle tank hatches shall be
closed at all times during loading operations.
(5) There shall be no leaks from the
pressure/vacuum relief valves and hatch covers of the stationary storage tanks
during loading.
(6) The pressure
relief valves on storage vessels and tank trucks or trailers shall be set to
release at no less than seven-tenths (0.7) psig unless a lower setting is
required by applicable fire codes.
(7) The owner or operator shall not load
gasoline into a transport vehicle or receive gasoline from a transport vehicle
which does not have proper fittings for connection of the vapor balance system,
nor shall the owner or operator load or receive gasoline unless the vapor
balance system is properly connected and in good working order. Except as
provided in subsection (8) of this section the fittings on the transport
vehicle tanks shall be vapor tight and automatically close upon disconnection
so as to prevent the release of organic material.
(8) The following shall apply to the loading
of a transport vehicle tank by means of a submerged fill tube system:
(a) When inserted into the tank, the
submerged fill tube system shall form a vapor tight seal with the
tank.
(b) Tank hatches are to be
opened only for the minimum time necessary to insert or remove the submerged
fill tube system.
(9) No
owner or operator shall permit gasoline to be spilled, discarded in sewers,
stored in open containers, or handled in a manner that would result in
evaporation.
(10) No owner or
operator of a bulk gasoline plant subject to this administrative regulation and
located in a county or portion of a county designated as nonattainment for
ozone in
401 KAR
51:010, for any classification except marginal, shall
allow loading of a tank truck unless the following provisions are met:
(a) The tank truck has a valid Kentucky
pressure-vacuum test sticker as required by
401 KAR
63:031 attached and visibly displayed;
(b) The vapor balance system and associated
equipment are designed and operated to prevent gauge pressure in the tank truck
from exceeding 450 mm water (eighteen (18) in. water) and prevent vacuum from
exceeding 150 mm water (six (6) in. water);
(c) A pressure tap or equivalent system as
approved by the cabinet is installed on the vapor balance system so that a
liquid manometer can be connected by an inspector to the tap in order to
determine compliance with paragraph (b) of this subsection. The pressure tap
shall be installed by the owner or operator as close as possible to the
connection with the delivery tank, and shall consist of a one-quarter (1/4)
inch tubing connector which is compatible with the use of three-sixteenths
(3/16) inch inside diameter plastic tubing; and
(d) During loading there is no reading
greater than or equal to 100 percent of the lower explosive limit (LEL,
measured as propane) at a distance of two and five-tenths (2.5) centimeters
around the perimeter of a potential leak source associated with the vapor
balance system of a bulk gasoline plant as detected by a combustible gas
detector using the test procedure referenced in Section 5 of this
administrative regulation.
Section 4. The owner or operator may elect to
use an alternate control system if it can be demonstrated to the cabinet's
satisfaction that the alternate system shall achieve equivalent control
efficiency.
Section 5. Compliance.
On or after December 31, 1982, the test procedure as defined in Appendix B to
"Control of Volatile Organic Compound Leaks from Gasoline Tank Trucks and Vapor
Collection Systems" (OAQPS 1.2-119, U.S. EPA, Office of Air Quality Planning
and Standards), which has been incorporated by reference in
401 KAR
50:015, or an equivalent procedure approved by the
cabinet, shall be used by the cabinet to determine compliance with the standard
prescribed in Section 3(10)(d) of this administrative regulation during
inspections conducted pursuant to
KRS
224.10-100(10).
Section 6. Compliance Timetable.
(1) Affected facilities which were subject to
this administrative regulation as in effect on August 24, 1982, shall have
achieved final compliance upon startup.
(2) The owner or operator of an affected
facility that, on or after September 28, 1994, becomes subject to this
administrative regulation for a reason other than construction, modification,
or reconstruction shall be required to complete the following:
(a) Submit a final control plan for achieving
compliance with this administrative regulation no later than eight (8) months
after the date the affected facility becomes subject to this administrative
regulation.
(b) Award a contract
for the control system no later than nine (9) months after the date the
affected facility becomes subject to this administrative regulation.
(c) Initiate on-site construction or
installation of emission control equipment no later than ten (10) months after
the date the affected facility becomes subject to this administrative
regulation.
(d) On-site
construction or installation of emission control equipment shall be completed
no later than eleven (11) months after the date the affected facility becomes
subject to this administrative regulation.
(e) Final compliance shall be achieved no
later than twelve (12) months after the date the affected facility becomes
subject to this administrative regulation.
Section 7. Exemptions. An affected facility
shall be exempt from this administrative regulation if the throughput is less
than 4,000 gal/day. A rolling thirty (30) day average shall be allowed for
determining applicability.
STATUTORY AUTHORITY:
KRS
224.10-100