RELATES TO:
KRS
224.20-100,
224.20-110,
224.20-120,
40 C.F.R. 60 Appendix A (Method 21),
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
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 leaks from existing petroleum refinery
equipment.
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
61:001.
(1) "Affected
facility" means each individual component within a petroleum refinery complex
that could potentially leak volatile organic compounds (VOCs) to the
atmosphere.
(2) "Component" means
equipment or apparatus which includes, but is not limited to, pump seals,
compressor seals, seal oil degassing vents, pipeline valves, flanges and other
connections, pressure relief devices, process drains, and open-ended pipes that
could potentially leak VOCs to the atmosphere.
(3) "A petroleum refinery complex" means a
facility engaged in producing gasoline, kerosene, distillate fuel oils,
residual fuel oils, lubricants, or other products through distillation of
petroleum or through redistillation, cracking, rearrangement or reforming of
unfinished petroleum derivatives.
(4) "Leak" means the presence of a VOC
concentration exceeding 10,000 ppm if tested in the manner referenced in
Section 5 of this administrative regulation.
(5) "Gas service" means that the VOC is
gaseous at conditions that prevail in the component during normal
operations.
(6) "Classification
date" means February 4, 1981.
Section
2. Applicability. 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.
Section
3. Standard for VOCs. The
owner or operator of an
affected
facility shall:
(1) If an affected facility
within the petroleum refinery complex is found to be leaking, repair the leak
within fifteen (15) days. A component recheck shall be made after repair. If
the leak is still present or a new leak is created by the repair, further
maintenance shall be performed until the VOC emission drops below the screening
value (10,000 ppm).
(2) Any time a
valve is located at the end of a pipe or line containing VOCs, seal the end of
the line with a second valve, a blind flange, a plug or a cap. This sealing
device may be removed only when a sample is being taken. This requirement shall
not apply to safety pressure relief valves.
Section 4. Monitoring and Reporting
Requirements. The
owner or operator shall conduct monitoring of affected
facilities and submit records as specified below:
(1) The refinery operator shall perform
component monitoring using the method referenced in Section 5 of this
administrative regulation as follows:
(a)
Monitor with a portable VOC detection device one (1) time per year (annually)
pump seals, pipeline valves in liquid service, and process drains.
(b) Monitor with a portable VOC detection
device four (4) times per year (quarterly) compressor seals, pipeline valves in
gas service, and pressure relief valves in gas service.
(c) Monitor visually fifty-two (52) times per
year (weekly) pump seals.
(d) No
individual monitoring is necessary for pressure relief valves in liquid service
and pipeline flanges.
(2)
Pipeline valves and pressure relief valves for gas service shall be marked or
noted so that their location is readily obvious to both the refinery operator
performing the monitoring and the cabinet.
(3) If liquids are observed dripping from a
pump seal, the seal shall be checked immediately with a portable detector to
determine if a leak of VOCs is present.
(4) If a relief valve operates and venting to
the atmosphere occurs, the operator shall monitor this valve immediately.
Pressure relief devices which are tied in to either a flare header or vapor
recovery device shall be exempted from the monitoring requirements.
(5) When a leak is located, a weatherproof
and readily visible tag bearing an identification number and the date the leak
is located shall be affixed to the leaking component. The location, tag number,
date and stream composition of the leak shall also be noted on a survey log.
When the leak is repaired, the date of repair and date and instrument reading
of component recheck after maintenance shall be entered in the survey log and
the tag discarded. The operator shall retain the survey log for two (2) years
after the inspection is completed.
(6) After quarterly monitoring has been
performed, the refinery operator shall submit a report to the cabinet listing
all leaks that were located but not repaired within the fifteen (15) day limit
and a signed statement attesting to the fact that all monitoring has been
performed as stipulated in the control plan. Leaks that cannot be repaired
within fifteen (15) days shall be repaired during the next scheduled
turnaround. If the cabinet requests it, the owner or operator shall demonstrate
to the cabinet's satisfaction why the repairs could not be completed within the
initial fifteen (15) day period. If the leak is unable to be brought into
compliance, a variance shall be requested and obtained on an individual basis.
Case-by-case alternatives approved by the cabinet, but not previously
authorized by the U.S. EPA, shall be submitted to the U.S. EPA as a SIP
revision.
Section 5. Test
Methods and Procedures.
(1) Except as provided
for in
401 KAR 50:045,
Appendix A to 40 CFR
60, Method 21, which has been incorporated by reference in
401 KAR
50:015, shall be used to determine compliance with the
standard prescribed in Section 3 of this administrative regulation and
monitoring requirements in Section 4 of this administrative
regulation.
(2) The owner or
operator may elect to use alternate monitoring methods if it is demonstrated to
the cabinet's satisfaction that the alternate methods shall achieve equivalent
control efficiency.
Section
6. Compliance Timetable.
(1)
Affected facilities which were subject to this administrative regulation as in
effect February 4, 1981, shall have achieved final compliance by January 1,
1982.
(2) The
owner or operator of
an
affected facility that becomes subject to this administrative regulation on
or after June 24, 1992 shall be required to complete the following:
(a) Submit a final control plan for achieving
compliance with this administrative regulation no later than three (3) months
after the date the affected facility becomes subject to this administrative
regulation.
(b) Award the control
system contract no later than five (5) 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 seven (7) 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.
(f) 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. Modifications.
(1) If, after at least two (2) complete
annual checks, the refinery operator determines that modifications of the
monitoring requirements are in order, he may request in writing to the cabinet
that a revision be made. The submittal shall include data that have been
developed to justify modifications in the monitoring schedule.
(2) If the cabinet finds an excessive number
of leaks during an inspection, or if the refinery operator found an excessive
number of leaks in a given area during scheduled monitoring, the cabinet shall
increase the required frequency of operator inspections for that part of the
facility.