RELATES TO: KRS Chapter 224
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. This administrative regulation provides for the control of emissions from existing loading facilities at bulk gasoline terminals.
Section 1. Applicability. The provisions of this administrative regulation shall apply to each affected facility commenced before the classification date defined below which is located: (1) In an urban county designated nonattainment for ozone under 401 KAR 51:010; or(2) In any county which is designated nonattainment or unclassified under 401 KAR 51:010 and is a part of a major source of volatile organic compounds.Section 2. Definitions. As used in this administrative regulation, all terms not defined herein shall have the meaning given them in 401 KAR 50:010.(1) "Affected facility" means the facilities at a bulk gasoline terminal for loading gasoline into tank trucks, trailers, railroad cars, or other nonmarine mobile vessels.(2) "Bulk gasoline terminal" means a facility for the storage and dispensing of gasoline where incoming gasoline loads are received by pipeline, marine tanks or barge, and where outgoing gasoline loads are transferred by tank trucks, trailers, railroad cars or other nonmarine mobile vessels.(3) "Gasoline" means any petroleum distillate used as a fuel for internal combustion engines and having a Reid vapor pressure of four (4.0) pounds per square inch or greater.(4) "Classification date" means June 29, 1979.Section 3. Standard for Volatile Organic Compounds.(1) No owner or operator of any loading facility shall load gasoline unless such facility is equipped with a vapor control system which is in good working order and in operation.(2) Loading shall be accomplished in such a manner that all displaced vapor and air will be vented only to the vapor collection system. Measures shall be taken to prevent liquid drainage from the loading device when it is not in use or to accomplish complete drainage before the loading device is disconnected.(3) No owner or operator shall permit the volatile organic compound emissions from the vapor control device to exceed eighty (80) milligrams per liter of gasoline loaded.(4) No owner or operator shall open tank hatches or allow hatches to be opened at any time during loading operations if bottom-fill is practiced. If top-submerged fill is practiced, the hatch is to be opened the minimum time necessary to install and remove the submerged fill pipe and associated vapor collection equipment.(5) No owner or operator shall permit gasoline to be spilled, discarded in sewers, stored in open containers, or handled in any other manner that would result in evaporation.(6) No owner or operator of a bulk gasoline terminal in an urban county subject to this administrative regulation shall allow loading on or after December 1, 1982, unless the following provisions are met:(a) The vapor control 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);(b) A pressure tap or any equivalent system as approved by the cabinet is installed on the vapor collection system so that a liquid manometer, supplied by the cabinet, can be connected by an inspector to the tap in order to determine compliance with paragraph (a) 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;(c) During loading operations 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 collection system of a bulk gasoline terminal as detected by a combustible gas detector using the test procedure referenced in Section 5 of this administrative regulation; and(d) The tank truck has a valid Kentucky pressure-vacuum test sticker as required by 401 KAR 63:031 attached and visibly displayed.Section 4. Monitoring and Reporting Requirements. The owner or operator shall conduct such monitoring of operations and submit records as specified by the cabinet.Section 5. Compliance. (1) The design of the vapor control system is subject to the approval of the cabinet.(2) The test procedure as defined in Appendix A to "Control of Hydrocarbons from Tank Truck Gasoline Loading Terminals," EPA-450/2-77-026, (OAQPS No. 1.2-082, U.S. EPA, Office of Air Quality Planning and Standards), filed by reference in 401 KAR 50:015, shall be used to determine compliance with the standard in Section 3 of this administrative regulation. Each bulk gasoline terminal subject to this administrative regulation shall use leak-tight tank trucks for the compliance test. For purposes of testing using Appendix A to "Control of Hydrocarbons from Tank Truck Gasoline Loading Terminals" (EPA-450/2-77-026), a leak-tight tank truck is one (1) that during loading has 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 gasoline tank truck and its vapor collection system as detected by a combustible gas detector using the test procedure referenced in subsection (3) of this section.(3) 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), filed 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(6)(c) of this administrative regulation during inspections conducted pursuant to KRS 224.10-100(10) and with the requirements of subsection (2) of this section.Section 6. Compliance Timetable. The owner or operator of an affected facility shall be required to complete the following: (1) Submit a final control plan for achieving compliance with this administrative regulation no later than September 1, 1979.(2) Award the control system contract no later than January 1, 1980.(3) Initiate on-site construction or installation of emission control equipment no later than July 1, 1980.(4) On-site construction or installation of emission control equipment shall be completed no later than March 1, 1981.(5) Final compliance shall be achieved no later than December 31, 1982.5 Ky.R. 482; 6 Ky.R. 34; eff. 6-29-1979; 8 Ky.R. 1051; 9 Ky.R. 210; eff. 8-24-1982; TAm eff. 8-9-2007; Crt eff. 1-25-2019.STATUTORY AUTHORITY: KRS 224.10-100