Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS 224.01-010,
224.10-100,
224.20-100,
224.20-110,
224.20-120,
40
C.F.R. 51.126,
42 U.S.C.
7511a(b)(1)(A)
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
224.10-100(5) requires the
Energy and Environment Cabinet to promulgate administrative regulations for the
prevention, abatement, and control of air pollution. This administrative
regulation establishes requirements for the control of emissions from gasoline
dispensing facilities and the decommissioning of existing controls at gasoline
dispensing facilities that are no longer environmentally beneficial.
Section 1. Definitions. Terms not defined in
this section shall have the meaning established in
401 KAR
59:001.
(1) "Average
monthly throughput" means the total gallons of gasoline dispensed during the
months of operation in the previous twelve (12) months, divided by the number
of months of operation during those twelve (12) months.
(2) "Balance system" means a Stage II vapor
recovery system that uses direct displacement to force vapor out of the
receiving container and back into the space of the container from where the
liquid product was withdrawn.
(3)
"Boot" means an accordion-like tubular cover used over the spout of a gasoline
nozzle to provide a return-path for gasoline vapors displaced during
refueling.
(4) "CARB" means the
California Air Resources Board.
(5)
"CARB certification" means a document such as an executive order or approval
letter provided by CARB or by an equivalent authority that certifies that a
vapor recovery system or system components achieve at least a ninety-five (95)
percent reduction in the VOC emissions during refueling, and that identifies
the performance standards required for the system or system components. An
executive order may also identify the range of permissible components,
permissible construction configurations, and the required tests for
compliance.
(6) "Coaxial hose"
means a hose-within-a-hose that provides separate passages for the flow of
gasoline and vapor return.
(7)
"Decommission" means to render inoperable a stage II vapor recovery
system.
(8) "Dry break" means a
spring-loaded valve that prevents vapor from escaping through the vapor
recovery riser pipe opening of a storage tank.
(9) "Equivalent authority" means an authority
recognized by the cabinet and by the U.S. EPA as having a program for
certification of vapor recovery systems equivalent to that of CARB.
(10) "Existing gasoline dispensing facility"
means a facility that commenced dispensing gasoline prior to January 1,
2016.
(11) "Faceplate" means a
soft, donut-shaped device attached to the boot of a balance nozzle that forms a
tight seal with the vehicle fill pipe during refueling.
(12)"Facility" or "gasoline dispensing
facility" means a site, except a farm not engaged in the sale of gasoline,
where gasoline is transferred from a stationary storage tank to a motor vehicle
fuel tank.
(13) "Facility
representative" means a facility employee who has been trained to serve at that
facility as prescribed in Section 5 of this administrative
regulation.
(14) "Flexible cone"
means a cone-shaped device attached to the boot of a vacuum-assist nozzle that
prevents too low a vacuum from forming in the vehicle fuel tank.
(15)"Leak" means liquid or vapor loss from
the gasoline dispensing system or vapor recovery system as determined by visual
inspection or operation of the equipment.
(16)"Modification" or "modify" means:
(a) The repair, replacement, or upgrade of a
facility's Stage II equipment at a cost equal to seventy-five (75) percent or
more of the cost of a total system replacement at modification; or
(b) A change, such as the removal of a CARB
certified component and the addition or removal of piping or fittings, which
may cause the vapor recovery system to be incapable of maintaining an overall
control efficiency of at least a ninety-five (95) percent reduction in the VOC
emissions.
(17) "Month"
means calendar month.
(18) "Month
of operation" means a month during which a facility is not closed for the
purpose of dispensing gasoline for more than four (4) consecutive
days.
(19) "Motor vehicle" means a
vehicle, machine, or mechanical contrivance propelled by an internal combustion
engine and licensed for operation and operated upon the public
highways.
(20) "New gasoline
dispensing facility" means a facility that commenced dispensing gasoline on or
after January 1, 2016.
(21) "Stage
I vapor recovery system" means a vapor recovery system certified by CARB or by
an equivalent authority to reduce the emissions of VOCs by ninety-five (95)
percent or more during the transfer of gasoline to a stationary storage tank at
a facility.
(22) "Stage II vapor
recovery system" means a vapor recovery system certified by CARB or by an
equivalent authority to reduce the emissions of VOCs during the refueling of a
motor vehicle at a facility by ninety-five (95) percent or more.
(23) "Storage tank" means a tank at a
gasoline dispensing facility that is used for the storage of
gasoline.
(24) "Vacuum assist
system" means a Stage II vapor recovery system that uses a vacuum inducing
device to collect vapor from the receiving container and direct it back into
the space of the container from where the liquid product was
withdrawn.
Section 2.
Applicability.
(1) This administrative
regulation shall apply to the owner or operator of a gasoline dispensing
facility located in a county in which the entire county, as of January 12,
1998, was designated severe, serious, or moderate nonattainment for ozone
pursuant to
401 KAR
51:010, Attainment status designations, except as
exempted in Section 9 of this administrative regulation.
(2) Subject to the compliance timetable
specified in Section 8 of this administrative regulation, an owner or operator
of an existing gasoline dispensing facility shall not transfer or allow the
transfer of gasoline from a storage tank at that facility into a motor vehicle
fuel tank unless the displaced vapors are collected by a Stage II vapor
recovery system and the requirements of this administrative regulation are
met.
(3) A new gasoline dispensing
facility, and an existing gasoline dispensing facility after decommissioning
has been completed, shall not be subject to the requirements of Sections 3
through 10 of this administrative regulation.
Section 3. Registration and Notification
Requirements. The owner or operator shall submit registration and notification
forms to the Division for Air Quality as specified in this section.
(1) Registration of facilities. DEP 7105,
Gasoline Dispensing Facility Registration Form, shall be submitted at least
thirty (30) days prior to installing or modifying a Stage II vapor recovery
system.
(2) Compliance test
notification. DEP 7105A, Compliance Test Notification Form, shall be submitted
at least thirty (30) days prior to the performance of the compliance tests
required in Section 6 of this administrative regulation.
(3) Stage II post inspection report. DEP
7105B, Stage II Post Inspection Form, shall be submitted within ten (10) work
days after the applicable compliance tests have been performed.
(4) Notice of Intent to Decommission Stage II
Controls and Decommission Plan Form. A completed DEP 7105C, Notice of Intent to
Decommission Stage II Controls and Decommission Plan Form shall be filed at
least thirty (30) calendar days prior to commencing any decommissioning
activity. If a change occurs to the submitted plan, a revision shall be filed
at least ten (10) calendar days prior to commencing any decommissioning
activities.
(5) Notice of Status of
Decommissioning of Stage II Control Form. A completed DEP 7105D, Notice of
Status of Decommissioning of Stage II Controls Form, shall be filed within ten
(10) days after commencing decommissioning. If decommissioning is not completed
within ten (10) days after commencing, an additional DEP 7105D form shall be
submitted.
Section 4.
Control Measures and Operating Requirements.
(1) The Stage II vapor recovery system shall:
(a) Be designed and operated to be at least
ninety-five (95) percent effective in recovering displaced vapors;
(b) Be certified by CARB or an equivalent
authority;
(c) Employ only coaxial
hoses at the dispensers;
(d)
Contain no components that would impede the performance of the functional or
compliance tests of the system;
(e)
Be integrated with a Stage I vapor recovery system; and
(f) Meet the testing requirements contained
in Section 6 of this administrative regulation.
(2) The owner or operator shall comply with
the operational restrictions established in paragraphs (a) through (d) of this
subsection for the Stage II vapor recovery system.
(a) The system shall be installed, operated,
and maintained in accordance with the manufacturer's specifications and the
applicable certification granted by CARB.
(b) The system shall be free of defects
listed in this subsection. The facility representative shall inspect the
equipment daily for these defects. If a defect is discovered, through this
inspection or otherwise, an "Out of Order" sign shall be posted, and the
defective equipment shall be rendered inoperable. Defects shall include:
1. The absence or disconnection of any
component that is part of the Stage II vapor recovery system;
2. The use of equipment not in accord with
the system certification;
3. A
vapor hose that is crimped or flattened so that:
a. The vapor passage is completely blocked;
or
b. The pressure drop through the
vapor hose is greater than two (2) times the certification
requirements;
4. A boot
that is torn in one (1) or more of the following ways:
a. A triangular shaped or similar tear more
than one-half (1/2) inch on a side;
b. A hole more than one-half (1/2) inch in
diameter; or c. A slit more than one (1) inch in length;
5. A faceplate or flexible cone on a boot
that is damaged so that the ability to achieve a seal with a fill pipe
interface is impaired for at least one-quarter (1/4) of the total circumference
of the faceplate or flexible cone;
6. A malfunctioning nozzle shutoff
mechanism;
7. Vapor return lines,
including components such as swivels, antirecirculation valves, and underground
piping, that malfunction or are blocked, or are restricted so that the pressure
drop through the line is greater than two (2) times the certification
requirement;
8. An inoperative
vapor processing unit;
9. An
inoperative vacuum producing device;
10. An inoperative pressure/vacuum relief
valve, vapor check valve, or dry break;
11. Leaks; and
12. An equipment defect that substantially
impairs the control efficiency of the system.
(c) A defect in a component of the Stage II
vapor recovery system that is not listed in paragraph (b) of this subsection
shall not prevent operation but shall be repaired or replaced within fifteen
(15) days after being identified as defective.
(d) If the cabinet identifies a defect
specified in paragraph (b) of this subsection, the cabinet shall affix a tag to
the defective equipment stating that the equipment is out of order. The tag
shall not be removed until the cabinet has been notified that the defect has
been corrected, and the tagged equipment has been approved for use by the
cabinet pursuant to paragraph (b) of this subsection.
(3) The owner or operator shall ensure that
safe access to the system components and monitoring equipment is maintained for
inspection and compliance determination by the cabinet.
(4) The owner or operator shall display
instructions for dispensing gasoline on or near each dispenser, in a print type
and size that is easily readable, which include at a minimum:
(a) A description of how to use the
equipment;
(b) A warning not to
dispense fuel after automatic shutoff; and
(c) A telephone number established by the
cabinet to report problems with equipment.
(5) At least one (1) person at the facility
shall be trained pursuant to Section 5 of this administrative
regulation.
Section 5.
Training of Facility Representative.
(1) The
owner or operator shall ensure that at least one (1) person at the facility is
trained to operate the vapor recovery system. The facility representative shall
not be required to be present at the facility at all times, but shall perform
or oversee the daily inspection of vapor recovery equipment for the defects
listed in Section 4(1)(b) of this administrative regulation.
(2) Training may be provided by the vapor
recovery equipment manufacturer or distributor, by the person constructing or
modifying the Stage II vapor recovery system, by a trained facility
representative, or by training manuals provided by the manufacturer,
distributor, or the person constructing or modifying the Stage II vapor
recovery system. If training manuals are used, they shall be kept at the
facility and made available to the cabinet upon request.
(3) Training shall include the following
topics:
(a) Purposes of the Stage II vapor
recovery program;
(b) Operation of
the vapor recovery system at that facility;
(c) Daily equipment inspections;
(d) How to repair or replace faulty equipment
without voiding the equipment warranties;
(e) Procedures for posting and removing "Out
of Service" signs;
(f) The
executive orders of CARB (or the equivalent authority certifying the system),
the range of components certified for use in the system, and the requirements
placed on the owner or operator;
(g) Maintenance schedules and requirements
for the system and its components; and
(h) Equipment warranties.
(4) The training shall include a
practical demonstration on how to operate and inspect the equipment and how to
perform a start-up and shut-down of the facility.
(a) This demonstration may be performed at
another facility with a similar vapor recovery system.
(b) The cabinet may require that this
demonstration be witnessed by the cabinet as a condition for
compliance.
(5) The owner
or operator shall maintain a record for each facility representative that
includes:
(a) The name of the facility
representative and the date training was received;
(b) Proof of attendance and successful
completion of training; and
(c) If
applicable, the date the facility representative left the employ of the owner
or operator.
(6) The
owner or operator shall not operate the facility for more than thirty (30)
consecutive days without a facility representative.
Section 6. Compliance Demonstration Test.
(1) Within sixty (60) days after the
installation or modification of a Stage II vapor recovery system, the owner or
operator shall comply with the applicable test procedures specified in this
subsection. The methods by which the tests specified in this subsection are to
be conducted are set forth in Stationary Source Test Methods, Volume 2,
Certification and Test Procedures for Vapor Recovery Systems, April 12, 1996.
(a) A leak test shall be performed in
accordance with the applicable procedure specified in this paragraph. The vapor
recovery system shall comply with the leak rate criteria specified in the
applicable test procedure.
1. Vapor Recovery
Test Procedure TP-201.3, Determination of Two (2) Inch (WC) Static Pressure
Performance of Vapor Recovery Systems of Dispensing Facilities;
2. Vapor Recovery Test Procedure TP-201.3A,
Determination of Five (5) Inch (WC) Static Pressure Performance of Vapor
Recovery Systems of Dispensing Facilities; or
3. Vapor Recovery Test Procedure TP-201.3B,
Determination of Static Pressure Performance of Vapor Recovery Systems of
Dispensing Facilities with Above-ground Storage Tanks.
(b) A dynamic back pressure test shall be
performed in accordance with Vapor Recovery Test Procedure TP-201.4,
Determination of Dynamic Pressure Performance of Vapor Recovery Systems of
Dispensing Facilities.
1. The cabinet may
require that this test be conducted simultaneously on all the nozzles of a
dispenser for which gasoline can be dispensed simultaneously.
2. The vapor recovery system shall comply
with the maximum allowable average dynamic pressures given in the test
procedure.
(c) Vapor
Recovery Test procedure TP-201.5, Determination (by Volume Meter) of Air to
Liquid Volume Ration of Vapor Recovery Systems of Dispensing Facilities, shall
be performed for a system if required by the applicable CARB certification. The
vapor recovery system shall comply with the criteria specified in the test
procedure.
(d) Vapor Recovery Test
Procedure TP-201.6, Determination of Liquid Removal of Phase II Vapor Recovery
Systems of Dispensing Facilities, shall be performed for a system if required
by the applicable CARB certification. The vapor recovery system shall comply
with the criteria specified in the test procedure.
(2) At intervals not to exceed five (5)
years, the owner or operator shall demonstrate compliance with the requirements
of the applicable test procedure specified in subsection (1)(a) of this
section. The notification requirements of Section 3(2) of this administrative
regulation shall apply for these tests.
(3) The cabinet may require the owner or
operator to perform other tests if necessary to demonstrate the adequacy of a
vapor recovery system.
Section
7. Recordkeeping Requirements.
(1) The owner or operator shall maintain the
following documents:
(a) Current CARB
certification for the Stage II vapor recovery system installed at the
facility;
(b) Proof of training for
the current facility representative; and
(c) Test results that verify that the vapor
recovery system meets or exceeds the requirements of the compliance tests
required in Section 6 of this administrative regulation.
(2) The following records shall be maintained
for a period not less than three (3) years:
(a) A log of the quantity of gasoline
delivered to the facility during each month;
(b) A log of maintenance records including
any repaired or replacement parts and description of the problem;
(c) Inspection reports issued by the cabinet,
kept in chronological order;
(d)
Compliance records including warnings or notices of violation issued by the
cabinet, kept in chronological order; and
(e) The facility representative record
specified in Section 5(3) of this administrative regulation.
(3) Records shall be kept current
and made available to the cabinet upon request.
Section 8. Compliance Timetable. The owner or
operator of an existing gasoline dispensing facility that is not exempt from
this administrative regulation pursuant to Section 9 of this administrative
regulation shall comply with this administrative regulation as established in
this section.
(1) The owner or operator shall
commence decommissioning of the facility's Stage II vapor recovery system
pursuant to Section 10 of this administrative regulation on or after January 1,
2016.
(2) The owner or operator
shall complete decommissioning of the facility's Stage II vapor recovery system
on or before December 31, 2018.
(3)
The owner or operator shall comply with all sections of this administrative
regulation unless and until the decommissioning of the facility's Stage II
vapor recovery system is complete.
Section 9. Exemptions.
(1) The fuels and facilities specified in
this subsection shall be exempt from this administrative regulation.
(a) Diesel fuel and kerosene. These fuels
shall not be used in calculating the average monthly throughput to determine
the applicability of this administrative regulation.
(b) A facility with an average monthly
throughput of 25,000 gallons or less. This exemption shall cease to apply if
the average monthly throughput exceeds 25,000 gallons prior to January 1, 2016,
at which time facilities that were exempt before January 1, 2016, based on
their average monthly throughput, shall continue to be exempt from this
administrative regulation, and the throughput limitation shall no longer
apply.
(c) A facility located in an
air quality control region which has implemented a Stage II program that has
been approved by the U.S. EPA.
(2) Recordkeeping for exempted facilities. An
exempted facility shall maintain records for a period not less than two (2)
years that demonstrate that the facility's average monthly throughput has not
exceeded the applicable throughput limit until January 1, 2016, after which
time exempted facilities shall no longer be required to maintain records that
demonstrate that the facility's average monthly throughput has not exceeded the
applicable throughput limit.
Section
10. Decommissioning.
(1) The
decommissioning procedure for a Stage II vapor recovery system shall be
consistent with the procedure as described in Chapter 14 of the Petroleum
Equipment Institutes Recommended Practices for Installation and Testing of
Vapor Recovery Systems at Vehicle Refueling Sites, PEI/RP300-09.
(2) The decommissioning procedure shall
include:
(a) Initiating safety
procedures;
(b) Relieving pressure
in the tank ullage;
(c) Draining
all liquid collection points;
(d)
Protecting against electrical hazards by disconnecting all Stage II electrical
components;
(e) Reprogramming the
electronics in the dispenser to indicate that Stage II vapor recovery is not in
service;
(f) Sealing off vapor
piping located below grade and below the level of the dispenser base in a
secure manner;
(g) Sealing off
vapor piping located below grade at the tank end, if reasonably accessible, in
a secure manner;
(h) Sealing of
vapor piping located inside the dispenser cabinet in a secure manner;
(i) Replacing Stage II vapor
recovery-type hanging hardware with conventional-type hanging
hardware;
(j) Installing pressure
and vacuum vent valves as appropriate;
(k) Removing all Stage II instructions from
all dispenser cabinets;
(l)
Conducting appropriate testing, including pressure decay and tie-tank
tests;
(m) Verifying that all
visible storage system components will not release any vapors or liquids;
and
(n) Restoring the gasoline
dispensing facility back to operational status.
(3) Decommissioning, including all required
testing, shall be completed within sixty (60) days of commencement of
decommissioning. If decommissioning, including all required testing, is not
completed within sixty (60) days of commencing decommissioning, lock-outs and
"Out of Service" tags shall be installed on all gasoline dispensers that have
not been decommissioned until decommissioning is completed.
Section 11. Incorporation by
Reference.
(1) The following material is
incorporated by reference:
(a) "DEP 7105,
Gasoline Dispensing Facility Registration", August 1997;
(b) "DEP 7105A, Compliance Test
Notification", August 1997;
(c)
"DEP 7105B, Stage II Post Inspection Form", August 1997;
(d) "DEP 7105C, Notice of Intent to
Decommission Stage II Controls and Decommission Plan Form", May 2015;
(e) "DEP 7105D, Notice of Status of
Decommissioning of Stage II Controls Form", May 2015;
(f) "Petroleum Equipment Institute's
Recommended Practices for Installation and Testing of Vapor Recovery Systems at
Vehicle Refueling Sites, PEI/RP300-09", 2009; and
(g) "Stationary Source Test Methods, Volume
2, Certification and Test Procedures for Vapor Recovery Systems", April 12,
1996. This document is also available from the California Air Resources Board,
P.O. Box 2815, 2020 L St., Sacramento, California 95812, Phone: (916)
322-2990.
(2) This
material may be inspected, copied, or obtained, subject to applicable copyright
law, at the Division for Air Quality, 300 Sower Boulevard, Frankfort, Kentucky
40601, Monday through Friday, 8 a.m. to 4:30 p.m.
STATUTORY AUTHORITY:
KRS
224.10-100(5),
42
U.S.C. 7409,
7410,
7511a(b)(3),
7521(a)(5),
7624,
7625,
40
C.F.R. 51.126