RELATES TO:
KRS
224.20-100,
224.20-110,
224.10-120,
40 C.F.R. 60 Appendix A (Method 21),
42
U.S.C. 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 synthetic organic chemical and
polymer manufacturing 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 which contacts a process fluid that
contains greater than ten (10) percent volatile organic compounds (VOCs) by
weight within a synthetic organic chemical manufacturing plant or polymer
manufacturing plant.
(2)
"Component" means a piece of equipment, including but not limited to pumps,
valves, compressors, and pressure relief valves, which has the potential to
leak VOCs.
(3) "Synthetic organic
chemical manufacturing plant" means facilities which operate equipment in
process units to manufacture methyl tert-butyl ether or one (1) or more of the
synthetic organic chemicals listed in 401 KAR
59:305.
(4) "Polymer manufacturing plant" means a
facility which operate equipment in process units to manufacture polyethylene,
polypropylene, or polystyrene.
(5)
"Leak" means the presence of a VOC concentration exceeding 10,000 ppm by volume
if tested in the manner referenced in Section 5 of this administrative
regulation.
(6) "Gas service" means
that the VOC is gaseous at conditions that prevail in the component during
normal operations.
(7) "In light
liquid service" means that the component contacts a liquid with a concentration
greater than twenty (20) percent by weight of VOCs having a vapor pressure
greater than three-tenths (0.3) kilopascals at twenty (20) degrees
Celsius.
(8) "Light liquid" means a
liquid with a concentration greater than twenty (20) percent by weight of VOCs
having a vapor pressure greater than three-tenths (0.3) kilopascals at twenty
(20) degrees Celsius.
(9) "Heavy
liquid" means a fluid which is not in the gaseous state at operating conditions
or which is not a light liquid.
(10) "Process unit" means components
assembled to manufacture, as intermediate or final products, one (1) or more of
the chemicals referenced in subsections (3) and (4) of this section. A process
unit can operate independently if it is supplied with sufficient feed or raw
materials and sufficient storage facilities for the product.
(11) "Classification date" means January 5,
1981.
Section 2.
Applicability.
(1) This administrative
regulation shall apply to each
affected facility commenced on or 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 components within a petroleum refinery complex. Leaks from new and
existing petroleum refinery equipment shall be regulated by 401 KAR
59:049 and
401 KAR
61:137, respectively.
Section 3. Standard for VOCs.
(1) If an affected facility within the
manufacturing plant is found to be leaking, the owner or operator shall repair
the leak within fifteen (15) days. A component recheck shall be made within
five (5) days 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 by volume).
(2) Any time a valve is located at the end of
a pipe or line containing VOCs, the owner or operator shall 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 or during maintenance
operations. 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 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 four (4) times per year (quarterly) pumps in
light liquid service, compressors, valves in light liquid service, valves in
gas service, and pressure relief valves in gas service.
(b) Monitor visually fifty-two (52) times per
year (weekly) pumps in light liquid service. Each pump shall be repaired within
fifteen (15) days after visual inspection indicates it is leaking.
(c) Monitor with a portable VOC detection
device a pressure relief valve within five (5) days after it has vented to the
atmosphere. Pressure relief devices which are tied in to either a flare header
or vapor recovery device shall be exempt from the monitoring
requirements.
(d) Monitor with a
portable VOC detection device within five (5) days of discovery, a component
whose sight, smell, or sound indicates that it might be leaking.
(e) Difficult or unsafe-to-monitor components
shall be exempt from this subsection, however these components shall meet the
requirements for difficult or unsafe-to-monitor valves as specified in 401 KAR
59:305.
(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 operator performing the
monitoring and the cabinet.
(3)
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 detector 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. The survey log shall be made available to the cabinet upon
request.
(4) After quarterly
monitoring has been performed the 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 which the cabinet may grant on an
individual basis, based upon a showing which is satisfactory to the cabinet.
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 the
monitoring requirements in Section 4 of this administrative
regulation.
(2) The owner or
operator may elect to use alternate monitoring methods if it can be
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 on December 2, 1986, shall have
achieved final compliance by January 1, 1988.
(2) The
owner or operator of an
affected
facility that becomes subject to this administrative regulation on or after
June 24, 1992 shall complete the following:
(a) Submit a final control plan for achieving
compliance with this administrative regulation no later than six (6) months
after the date the affected facility becomes subject to this administrative
regulation.
(b) Final compliance
shall be achieved no later than twelve (12) months after the date the affected
facility becomes subject to this administrative regulation.
(c) 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) and (b) of this
subsection adjusted by the
cabinet.
Section 7. Exemptions.
(1) Process units which process only heavy
liquid VOC shall be exempt from Section 4 of this administrative
regulation.
(2) Equipment operating
under a vacuum shall be exempt from this administrative regulation.
(3) Affected facilities within a process unit
that has the
design capacity to manufacture less than 1,000 megagrams per year
of polyethylene, polypropylene, polystyrene, methyl tert-butyl ether, or one
(1) or more of the synthetic organic chemicals listed in 401 KAR
59:305, shall
be exempt from this administrative regulation.
(4) Affected facilities within a process unit
that manufactures beverage alcohol shall be exempt from this administrative
regulation.
Section 8.
Modifications.
(1) If, after at least one (1)
complete annual check, the operator determines that modifications of the
monitoring requirements are in order, he may request in writing to the cabinet
that a revision to the monitoring requirements be made. The submittal shall
include data that have been developed to justify modifications in the
monitoring schedule. The cabinet may grant this revision to the monitoring
requirements based upon a showing which is satisfactory to the
cabinet.
(2) An
owner or operator
may elect to comply with the alternative standards for valves contained in 401
KAR
59:305. In 401 KAR
59:305 under skip period leak detection and repair
alternative for valves, the phrase "60.482-7" shall be read as "Section 4 of
this administrative regulation".