401 KAR 63:031 - Leaks from gasoline tank trucks
RELATES TO: KRS 224.10-100, 224.20-100, 224.20-110, 224.20-120
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
224.10-100 requires the Environmental and
Public Protection
Section
1. Definitions. As used in this administrative regulation, all
terms not defined herein shall have the meaning given to them in
401 KAR
63:001.
(1) "Affected
facility " means a gasoline tank truck which loads at bulk terminals regulated
by 401 KAR 59:099 or
401
KAR 61:055 or at bulk plants regulated by
401 KAR
59:101 or
401 KAR
61:056.
(2) "Bulk gasoline plant" or "bulk plant"
means a facility for the storage and dispensing of gasoline that employs tank
trucks, trailers, or other mobile nonmarine vessels for both incoming and
outgoing gasoline transfer operations.
(3) "Bulk gasoline terminal" or "bulk
terminal" means a gasoline facility which receives gasoline by pipeline, ship,
or barge, and has a gasoline throughput greater than 75,700 liters per
day.
(4) "Gasoline" means a
petroleum distillate or petroleum distillate-alcohol blend having a Reid vapor
pressure of four (4) pounds per square inch or greater which is used as a fuel
for internal combustion engines.
(5) "Gasoline tank truck" or "tank truck"
means a delivery tank truck used at bulk gasoline terminals or bulk gasoline
plants which is loading gasoline or which has loaded gasoline on the
immediately previous load.
(6)
"Kentucky pressure-vacuum test sticker" or "sticker" means a compliance sticker
issued annually by the cabinet in accordance with Section 5 of this
administrative regulation to the owner or operator of a gasoline tank truck
subject to this administrative regulation or which may be issued by a local air
pollution control district within the Commonwealth of Kentucky with an
equivalent administrative regulation approved by the cabinet and the U.S.
EPA .
(7) "LEL" means lower
explosive limit, measured as propane.
(8) "Vapor collection system" means equipment
used for containing total organic compounds vapors displaced during the loading
of gasoline tank trucks.
Section
2. Applicability.
(1) This
administrative regulation shall apply to each affected facility which loads
gasoline on or after the effective date of this administrative regulation in a
county or portion of a county designated ozone nonattainment, for any
nonattainment classification except marginal under
401 KAR
51:010.
(2) This administrative regulation shall not
apply to affected facilities which are subject to the equivalent regulations of
a local air pollution control district within the Commonwealth of Kentucky
which have been approved by the cabinet and the U.S. EPA .
Section 3. Standard for Volatile Organic
Compounds.
(1) No owner or operator of a
gasoline tank truck subject to this administrative regulation shall allow
loading unless the truck displays a valid sticker. The sticker shall be
attached to the tank, shall be located near the U.S. Department of
Transportation certification plate, and shall be clearly visible. This sticker
shall indicate that the gasoline tank truck and its vapor collection system
have been tested as having a pressure change of no more than seventy-five (75)
mm water (three (3) in. water) in five (5) minutes when pressurized to 450 mm
water (eighteen (18) in. water) and evacuated to 150 mm water (six (6) in.
water) using the test procedure in Section 4(1) of this administrative
regulation.
(2) During loading
operations at regulated bulk plants and bulk terminals, there shall be no
reading greater than or equal to 100 percent of the LEL 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 or its vapor collection system
as detected by a combustible gas detector using the test procedure in Section
4(2) of this administrative regulation.
(3) During loading at bulk plants and bulk
terminals, there shall be no visible liquid leaks. Drops of liquid resulting
from the disconnection of dry breaks in well-maintained liquid lines shall be
allowed.
Section 4.
Compliance.
(1) Method 27, "Determination of
Vapor Tightness of Gasoline Delivery Tank Using Pressure-Vacuum Test",
specified in 40 CFR 60, Appendix A, July 1, 1991, and incorporated by reference
in
401 KAR
50:015, or an alternate procedure approved by the
cabinet , shall be used to determine compliance with Section 3(1) of this
administrative regulation. The owner or operator of the tank truck shall have
the tank truck tested annually and shall maintain records of test data, date of
testing, identification of tank truck, type of repair, retest data and date.
Records shall be maintained by the owner or operator for two (2) years after
the date of testing and shall be made available upon request by the
cabinet .
(2) The test procedure 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), incorporated 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 Section 3(2)
of this administrative regulation during inspections. Trucks with leaks greater
than or equal to 100 percent of the LEL shall be repaired and shall meet the
pressure and vacuum standard described in Section 3(1) of this administrative
regulation within fifteen (15) days.
Section 5. Sticker Application and Fee.
(1) The owner or operator of a gasoline tank
truck subject to this administrative regulation shall apply annually to the
cabinet for a sticker. Applications shall be made on form DEP-6020, Gasoline
Tank Truck Pressure-Vacuum Test Certificate Application, which is incorporated
by reference in Section 6 of this administrative regulation.
(2) The completed application shall include
the test results demonstrating compliance with Section 3(1) of this
administrative regulation. Applications shall be signed by the corporate
president or by another authorized agent of the corporation; or by an
equivalently responsible officer of organizations other than corporations; or,
in other cases, by the source owner or operator ; or, for political
subdivisions, by the highest executive or official of the subdivision. The
signature shall constitute personal affirmation that the statements made in the
application are true and complete. Failure to supply information required by
the cabinet shall result in denial of the application. The cabinet shall deny
an application if the applicant willfully makes material misstatements in the
application.
(3) The owner or
operator shall include with the application for the sticker a certified check
or money order in the amount of the sticker fee assessed by the cabinet ,
payable to the Kentucky State Treasurer. The sticker fee for each gasoline tank
truck is ten (10) dollars per year. The permitting provisions in 401 KAR
Chapter 52 shall not apply to the owner or operator of a gasoline tank truck
subject to this administrative regulation. Sticker fees are not refundable if a
sticker is denied or an application is withdrawn. Fees are payable at the time
of application.
(4) Determination
and notifications.
(a) Within fifteen (15)
working days after receipt of an application, the cabinet shall advise the
owner or operator if the application is not complete, and if additional
information is necessary in order to evaluate the application.
(b) The cabinet shall make its determination
concerning the application including its approval, or reasons for denial of the
sticker application within thirty (30) days after receipt of a complete
application.
(5) If the
owner or operator of a gasoline tank truck displays a valid sticker which was
issued under a previous version of this administrative regulation, that sticker
shall remain valid for one (1) year from the effective date of the
sticker.
(6) If the attainment
designations of an area changes pursuant to
401 KAR
51:010 so that an affected facility becomes subject to
this regulation for the first time, the affected facility shall have four (4)
months from the effective date of the redesignation to comply with this
administrative regulation.
(7) The
owner or operator of a gasoline tank truck in compliance with a program
determined by the cabinet to be equivalent to the standards in Section 3 of
this administrative regulation but administered by another state in which the
gasoline tank truck is based shall annually obtain a sticker in accordance with
this section.
(8) The provisions of
subsection (3) of this section shall not apply to publicly owned affected
facilities.
Section 6.
Forms Required Under this Administrative Regulation.
(1) The following form required to be
submitted by regulated entities is incorporated by reference: DEP-6020,
Gasoline Tank Truck Pressure-Vacuum Test Certificate Application.
(2) Copies of the form DEP-6020, Gasoline
Tank Truck Pressure-Vacuum Test Certificate Application, are available at the
following offices of the Division for Air Quality:
(a) Field Operations Branch, Division for Air
Quality, 300 Sower Boulevard, Frankfort, Kentucky 40601, (502)
573-3382;
(b) Ashland Regional
Office, 1550 Wolohan Drive, Suite 1, Ashland, Kentucky 41102-8942, (606)
929-5285;
(c) Bowling Green
Regional Office, 2642 Russellville Road, Bowling Green, Kentucky 42101, (270)
746-7475;
(d) Florence Regional
Office, 8020 Veterans Memorial Drive, Suite 110, Florence, Kentucky 41042,
(859) 525-4923;
(e) Frankfort
Regional Office, 300 Sower Boulevard, Frankfort, Kentucky 40601, (502)
564-3358;
(f) Hazard Regional
Office, 233 Birch Street, Suite 2, Hazard, Kentucky 41701, (606)
435-6022;
(g) London Regional
Office, 875 South Main Street, London, Kentucky 40741, (606)
330-2080;
(h) Owensboro Regional
Office, 3032 Alvey Park Drive West, Suite 700, Owensboro, Kentucky 42303, (270)
687-7304;
(i) Paducah Regional
Office, 130 Eagle Nest Drive, Paducah, Kentucky 42003, (270)
898-8468.
Notes
STATUTORY AUTHORITY: KRS 224.10-100
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