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 service stations.
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 the gasoline storage tanks at a service
station.
(2) "Classification date"
means June 6, 1979.
(3) "Service
station" means a public or private establishment which dispenses gasoline into
vehicle fuel tanks.
(4) "Submerged
fill pipe" means a fill pipe the discharge of which is entirely submerged when
the liquid level is six (6) inches above the bottom of the tank; or when
applied to a tank which is loaded from the side, shall mean a fill pipe the
discharge opening of which is entirely submerged when the liquid level is two
(2) times the fill pipe diameter above the bottom of the tank.
(5) "Vapor balance system" means a system
which conducts vapors displaced from storage tanks during filling operations to
the storage compartment of the transport vehicle delivering the fuel.
(6) "Vent line restriction" means:
(a) An orifice of one-half (1/2) to
three-quarters (3/4) inch inside diameter;
(b) A pressure-vacuum relief valve set to
open at not less than eight (8) oz. per square inch pressure and not less than
one-half (1/2) oz. per square inch vacuum unless a different vacuum relief
setting is required by safety or fire authorities; or
(c) A vent shutoff valve which is activated
by connection of the vapor return hose.
Section 2. Applicability. This administrative
regulation shall apply to each affected facility commenced on or after the
classification date defined in Section 1 of this administrative regulation
which is located in a county or portion of a county which is designated ozone
nonattainment, for any nonat-tainment classification except marginal, under
401 KAR
51:010.
Section
3. Standard for VOCs.
(1) The
owner or operator of an affected facility shall install, maintain, and operate
the following devices:
(a) Submerged fill
pipe;
(b) Vent line restriction on
the affected facility vent line; and
(c) Vapor balance system and vapor tight
connections on the liquid fill line and the vapor return line. The
cross-sectional area of the vapor return hose must be at least fifty (50)
percent of the liquid fill hose, and free of flow restrictions to achieve
acceptable recovery. The size and design of the vapor return line and
connections, including coaxial systems, are subject to the approval of the
cabinet.
(d) If the gasoline
storage tank is equipped with a separate gauge well, a gauge well drop tube
shall be installed which extends to within six (6) inches of the bottom of the
tank.
(2) The owner or
operator may elect to use an alternate control system if that system can be
demonstrated to the cabinet's satisfaction to achieve an equivalent control
efficiency.
(3) The owner or
operator shall not allow any transport vehicle to deliver fuel to an affected
facility until the transport vehicle is properly connected to the vapor balance
system or alternate control system.
Section 4. Compliance Timetable.
(1) Affected facilities which were subject to
this administrative regulation as in effect on December 3, 1980, shall have
achieved final compliance upon start-up.
(2) The owner or operator of an affected
facility which becomes subject to this administrative regulation because it is
located in a county or portion of a county previously designated nonurban
non-attainment or redesignated in
401 KAR
51:010 after November 15, 1990, shall comply with this
administrative regulation in the following manner:
(a) Facilities constructed prior to November
15, 1990, with monthly throughput of 100,000 gallons or more of gasoline shall
comply within one (1) year of February 8, 1993.
(b) Facilities constructed prior to November
15, 1990, with a monthly throughput between 10,000 and 100,000 gallons, shall
comply within two (2) years of February 8, 1993.
(c) Facilities constructed on or after
November 15, 1990, but on or before the effective date of this administrative
regulation, shall comply within six (6) months of February 8, 1993.
(d) Facilities commencing after February 8,
1993 shall comply with this administrative regulation.
(e) Facilities shall be considered to comply
with the time requirements of paragraphs (a) through (d) of this subsection if
the temporary operating permit authorized in Section 8(3) of 401 KAR 63:035
goes into effect by the date of compliance.
Section 5. Exemptions. An affected facility
shall be exempt from the provisions of Section 3 of this administrative
regulation if the annual throughput is less than or equal to 120,000 gal.
STATUTORY AUTHORITY:
KRS
224.10-100