RELATES TO: KRS 224.20-100, 224.20-110, 224.20-120, 42 U.S.C. 7401 et seq., 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 U.S.C. 7410 likewise requires the state to implement standards for national primary and secondary ambient air quality. This administrative regulation provides for the control of emissions from existing storage vessels for petroleum liquids.
Section 1. Definitions. As used in this administrative regulation, all terms not defined in this section shall have the meaning given them in 401 KAR 61:001. (1) "Affected facility" means a storage vessel for petroleum liquids which has a storage capacity of greater than 2,195 liters (580 gallons).(2) "Storage vessel" means any tank, reservoir, or container used for the storage of petroleum liquids, but does not include:(a) Pressure vessels which are designed to operate in excess of fifteen (15) pounds per square inch gauge without emissions to the atmosphere except under emergency conditions;(b) Subsurface caverns or porous rock reservoirs; or(c) Underground tanks if the total volume of petroleum liquids added to and taken from a tank annually does not exceed twice the volume of the tank.(3) "Petroleum liquids" means crude petroleum, condensate, and any finished or intermediate products manufactured in a petroleum refinery but does not mean Number 2 through Number 6 fuel oils, gas turbine fuel oils Numbers 2-GT through 4-GT, or diesel fuel oils Numbers 2-D and 4-D as specified by the cabinet.(4) "Petroleum refinery" means any facility engaged in producing gasoline, kerosene, distillate fuel oils, residual fuel oils, lubricants, or other products through distillation of petroleum or through redistillation, cracking, or reforming of unfinished petroleum derivatives.(5) "Crude petroleum" means a naturally occurring mixture which consists of hydrocarbons or sulfur, nitrogen or oxygen derivatives of hydrocarbons and which is a liquid at standard conditions.(6) "Hydrocarbon" means any organic compound consisting predominantly of carbon and hydrogen.(7) "Condensate" means hydrocarbon liquid separated from natural gas which condenses due to changes in the temperature or pressure and remains liquid at standard conditions.(8) "True vapor pressure" means the equilibrium partial pressure exerted by a petroleum liquid as determined in accordance with methods specified by the cabinet.(9) "Floating roof" means a storage vessel cover consisting of a double deck, pontoon single deck, internal floating cover or covered floating roof, which rests upon and is supported by the petroleum liquid being contained and is equipped with a closure seal or seals to close the space between the roof edge and tank wall.(10) "Vapor recovery system" means a vapor gathering system capable of collecting all hydrocarbon vapors and gases discharged from the storage vessel and a vapor disposal system capable of processing these hydrocarbon vapors and gases so as to prevent their emission to the atmosphere.(11) "Reid vapor pressure" is the absolute vapor pressure of volatile crude oil and volatile petroleum liquids, except liquefied petroleum gases, as determined by methods specified by the cabinet.(12) "Submerged fill pipe" means any 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 every 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.(13) "Classification date" means April 9, 1972.(14) "Custody transfer" means the transfer of produced crude oil or condensate, after processing or treating in the producing operations, from storage tanks or automatic transfer facilities to pipelines or any other forms of transportation.(15) "External floating roof" means a storage vessel cover in an open top tank consisting of a double deck or pontoon single deck which rests upon and is supported by the petroleum liquid being contained and is equipped with closure seals to close the space between the roof edge and tank shell.(16) "Internal floating roof" means a cover or roof in a fixed roof tank which rests upon or is floated upon the petroleum liquid being contained, and is equipped with closure seals to close the space between the roof edge and tank shell.(17) "Liquid-mounted" means a primary seal mounted so that the bottom of the seal covers the liquid surface between the tank shell and the floating roof.(18) "Vapor-mounted" means a primary seal mounted so that there is an annular vapor space underneath the seal. The annular vapor space is bounded by the bottom of the primary seal, the tank shell, the liquid surface, and the floating roof.Section 2. Applicability. (1) This administrative regulation shall apply to each affected facility commenced before 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 nonattainment classification except marginal, under 401 KAR 51:010.(2) This administrative regulation shall not apply to storage vessels located on a farm and used exclusively for storing petroleum liquids used by the farm.Section 3. Standard for VOCs. The owner or operator of any storage vessel to which this administrative regulation applies shall store petroleum liquids as follows:(1) If the storage vessel has a storage capacity greater than 151,400 liters (40,000 gallons) and if the true vapor pressure of the petroleum liquid, as stored, is equal to or greater than seventy-eight (78) mm Hg (one and five-tenths (1.5) psia) but not greater than 574 mm Hg (eleven and one-tenth (11.1) psia) the storage vessel shall be equipped with a floating roof, a vapor recovery system, or their equivalents.(2) If the storage vessel has a storage capacity greater than 151,400 liters (40,000 gallons) and if the true vapor pressure of the petroleum liquid as stored is greater than 574 mm Hg (eleven and one-tenth (11.1) psia), the storage vessel shall be equipped with a vapor recovery system or its equivalent.(3) If the storage vessel has a storage capacity greater than 2,195 liters (580 gallons), and if the true vapor pressure of the petroleum liquid, as stored, is equal to or greater than ten and three-tenths (10.3) kilopascal (one and five-tenths (1.5) psia), as a minimum it shall be equipped with a permanent submerged fill pipe.(4) If the storage vessel is an external floating roof tank with a storage capacity greater than 151,400 liters (40,000 gallons), it shall be retrofitted with a continuous secondary seal extending from the floating roof to the tank wall (a rim-mounted secondary seal) if: (a) The tank is a welded tank, the true vapor pressure of the contained liquid is twenty-seven and six-tenths (27.6) kilopascal (four (4.0) psia) or greater, and the primary seal is one (1) of the following:1. A metallic-type shoe seal, a liquid-mounted foam seal, or a liquid-mounted liquid-filled type seal; or2. Any other closure device which can be demonstrated equivalent to the above primary seals.(b) The tank is a riveted tank and the true vapor pressure of the contained liquid is ten and three-tenths (10.3) kilopascal (one and five-tenths (1.5) psia) or greater.(c) The tank is a welded tank, the true vapor pressure of the contained liquid is ten and three-tenths (10.3) kilopascal (one and five-tenths (1.5) psia) or greater and the primary seal is vapor-mounted. If this primary seal closure device can be demonstrated equivalent to the primary seals described in paragraph (a) of this subsection, then the secondary seal is required if the vapor pressure is twenty-seven and six-tenths (27.6) kilopascal (four (4.0) psia) or greater.Section 4. Operating Requirements. (1) There shall be no visible holes, tears, or other openings in the seal or any seal fabric.(2) All openings, except stub drains, shall be equipped with covers, lids, or seals so that: (a) The cover, lid, or seal is in the closed position at all times except during actual use;(b) Automatic bleeder vents are closed at all times, unless the roof is floated off or landed on the roof leg supports; and(c) Rim vents, if provided, are set to open if the roof is being floated off the roof leg supports or at the manufacturer's recommended setting.(3) External floating roof tanks subject to this administrative regulation shall meet the additional requirements: (a) The seals shall be intact and uniformly in place around the circumference of the floating roof between the floating roof and the tank wall.(b) The gap area of gaps exceeding 0.32 cm (one-eighth (1/8) in) in width between the secondary seal installed pursuant to Section 3(4)(a) of this administrative regulation and the tank wall shall not exceed six and five-tenths (6.5) sq. cm./0.3 m of tank diameter (one (1.0) sq. in/ft).(c) All openings in the external floating roof, except for automatic bleeder vents, rims space vents, and leg sleeves, shall provide a projection below the liquid surface.(d) Any emergency roof drain shall be provided with a slotted membrane fabric cover or equivalent that covers at least ninety (90) percent of the area of the opening.Section 5. Monitoring of Operations.(1) If a liquid having a true vapor pressure greater than seven (7.0) kPa (one (1.0) psia) is stored in an external floating roof tank with a capacity of greater than 151,400 liters (40,000 gallons) not equipped with a secondary seal or approved alternative control technology, the owner or operator shall maintain a record of the average monthly storage temperature, the type of liquid, and the Reid vapor pressure of the liquid. The owner or operator shall retain the record for two (2) years after the date on which the record was made.(2) The true vapor pressure shall be determined by using the average monthly storage temperature and typical Reid vapor pressure of the contained liquid or from typical available data on the contained liquid. Supporting analytical data shall be requested by the cabinet if there is a question on the values reported.Section 6. Compliance Timetable. The owner or operator of an affected facility that becomes subject to this administrative regulation on or after the effective date of this administrative regulation shall be required to complete the following: (1) A final control plan for achieving compliance with this administrative regulation shall be submitted no later than three (3) months after the date the affected facility becomes subject to this administrative regulation.(2) The control device contract shall be awarded no later than five (5) months after the date the affected facility becomes subject to this administrative regulation.(3) On-site construction or installation of emissions control equipment shall be initiated no later than seven (7) months after the date the effected facility becomes subject to this administrative regulation.(4) 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.(5) Final compliance shall be achieved no later than twelve (12) months after the date the affected facility becomes subject to this administrative regulation.(6) If an affected facility becomes subject to this administrative regulation because it is located in a county previously designated nonurban nonattainment or redesignated in 401 KAR 51:010 after November 15, 1990, final compliance may be extended to May 31, 1995, and the schedule in paragraphs (a) through (d) of this subsection adjusted by the cabinet.Section 7. Exemptions. Any of the following types of external floating roof tanks storing liquid petroleum shall be exempt from Section 3(4) of this administrative regulation as follows: (1) External floating roof tanks having capacities less than 1,600,000 liters (422,000 gallons) used to store produced crude oil in condensate prior to custody transfer.(2) A metallic-type shoe seal in a welded tank which has a secondary seal from the top of the shoe seal to the tank wall (a shoe-mounted secondary seal).(3) External floating roof tanks storing waxy, heavy pour crudes.(4) External floating roof tanks with a closure or other devices which can be demonstrated to the satisfaction of the cabinet to be equivalent to the seals required in Section 3(4)(a) of this administrative regulation.5 Ky.R. 481; 6 Ky.R. 32; eff. 6-29-1979; 7 Ky.R. 335; 546; eff. 2-4-1981; 18 Ky.R. 2640; 3357; eff. 6-24-1992; TAm eff. 8-9-2007; Crt eff. 1-25-2019. STATUTORY AUTHORITY: KRS 224.10-100