Kentucky Administrative Regulations › Title 401 - ENERGY AND ENVIRONMENT CABINET - DEPARTMENT FOR ENVIRONMENTAL PROTECTION › Chapter 59 - New Source Standards › Section 401 KAR 59:174 - Stage II controls at gasoline dispensing facilities

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS 224.01-010,
				224.10-100,
				224.20-100,
				224.20-110,
				224.20-120,
				40
				C.F.R. 51.126,
				42 U.S.C.
				7511a(b)(1)(A)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.10-100(5) requires the
				Energy and Environment Cabinet to promulgate administrative regulations for the
				prevention, abatement, and control of air pollution. This administrative
				regulation establishes requirements for the control of emissions from gasoline
				dispensing facilities and the decommissioning of existing controls at gasoline
				dispensing facilities that are no longer environmentally beneficial.
Section 1. Definitions. Terms not defined in
			 this section shall have the meaning established in
			 401 KAR
			 59:001.
(1) "Average
			 monthly throughput" means the total gallons of gasoline dispensed during the
			 months of operation in the previous twelve (12) months, divided by the number
			 of months of operation during those twelve (12) months.
(2) "Balance system" means a Stage II vapor
			 recovery system that uses direct displacement to force vapor out of the
			 receiving container and back into the space of the container from where the
			 liquid product was withdrawn.
(3)
			 "Boot" means an accordion-like tubular cover used over the spout of a gasoline
			 nozzle to provide a return-path for gasoline vapors displaced during
			 refueling.
(4) "CARB" means the
			 California Air Resources Board.
(5)
			 "CARB certification" means a document such as an executive order or approval
			 letter provided by CARB or by an equivalent authority that certifies that a
			 vapor recovery system or system components achieve at least a ninety-five (95)
			 percent reduction in the VOC emissions during refueling, and that identifies
			 the performance standards required for the system or system components. An
			 executive order may also identify the range of permissible components,
			 permissible construction configurations, and the required tests for
			 compliance.
(6) "Coaxial hose"
			 means a hose-within-a-hose that provides separate passages for the flow of
			 gasoline and vapor return.
(7)
			 "Decommission" means to render inoperable a stage II vapor recovery
			 system.
(8) "Dry break" means a
			 spring-loaded valve that prevents vapor from escaping through the vapor
			 recovery riser pipe opening of a storage tank.
(9) "Equivalent authority" means an authority
			 recognized by the cabinet and by the U.S. EPA as having a program for
			 certification of vapor recovery systems equivalent to that of CARB.
(10) "Existing gasoline dispensing facility"
			 means a facility that commenced dispensing gasoline prior to January 1,
			 2016.
(11) "Faceplate" means a
			 soft, donut-shaped device attached to the boot of a balance nozzle that forms a
			 tight seal with the vehicle fill pipe during refueling.
(12)"Facility" or "gasoline dispensing
			 facility" means a site, except a farm not engaged in the sale of gasoline,
			 where gasoline is transferred from a stationary storage tank to a motor vehicle
			 fuel tank.
(13) "Facility
			 representative" means a facility employee who has been trained to serve at that
			 facility as prescribed in Section 5 of this administrative
			 regulation.
(14) "Flexible cone"
			 means a cone-shaped device attached to the boot of a vacuum-assist nozzle that
			 prevents too low a vacuum from forming in the vehicle fuel tank.
(15)"Leak" means liquid or vapor loss from
			 the gasoline dispensing system or vapor recovery system as determined by visual
			 inspection or operation of the equipment.
(16)"Modification" or "modify" means:
(a) The repair, replacement, or upgrade of a
			 facility's Stage II equipment at a cost equal to seventy-five (75) percent or
			 more of the cost of a total system replacement at modification; or
(b) A change, such as the removal of a CARB
			 certified component and the addition or removal of piping or fittings, which
			 may cause the vapor recovery system to be incapable of maintaining an overall
			 control efficiency of at least a ninety-five (95) percent reduction in the VOC
			 emissions.
(17) "Month"
			 means calendar month.
(18) "Month
			 of operation" means a month during which a facility is not closed for the
			 purpose of dispensing gasoline for more than four (4) consecutive
			 days.
(19) "Motor vehicle" means a
			 vehicle, machine, or mechanical contrivance propelled by an internal combustion
			 engine and licensed for operation and operated upon the public
			 highways.
(20) "New gasoline
			 dispensing facility" means a facility that commenced dispensing gasoline on or
			 after January 1, 2016.
(21) "Stage
			 I vapor recovery system" means a vapor recovery system certified by CARB or by
			 an equivalent authority to reduce the emissions of VOCs by ninety-five (95)
			 percent or more during the transfer of gasoline to a stationary storage tank at
			 a facility.
(22) "Stage II vapor
			 recovery system" means a vapor recovery system certified by CARB or by an
			 equivalent authority to reduce the emissions of VOCs during the refueling of a
			 motor vehicle at a facility by ninety-five (95) percent or more.
(23) "Storage tank" means a tank at a
			 gasoline dispensing facility that is used for the storage of
			 gasoline.
(24) "Vacuum assist
			 system" means a Stage II vapor recovery system that uses a vacuum inducing
			 device to collect vapor from the receiving container and direct it back into
			 the space of the container from where the liquid product was
			 withdrawn.