No. 31392 (Amendment): R307-328. Ozone Nonattainment and Maintenance Areas and Utah and Weber Counties: Gasoline Transfer and Storage

DAR File No.: 31392
Filed: 05/07/2008, 03:32
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to extend Stage I vapor recovery requirements to all counties within the State of Utah.

Summary of the rule or change:

Stage I vapor recovery systems collect vapors resulting from the dispensing of gasoline to underground storage tanks. Stage I vapor recovery requirements were implemented in Salt Lake and Davis Counties in the 1980s and in Utah and Weber Counties in 1999. They have proven to be a successful method of controlling both volatile organic compound (VOC) and hazardous air pollutant (HAP) emissions along the Wasatch Front. Based on 2005 data, it is estimated that approximately 3,595 tons of VOC and 282 tons of HAP have been prevented from entering the atmosphere along the Wasatch Front annually by implementation of Stage I vapor recovery systems. A growing information base indicates that the emission of ozone precursors and the subsequent formation of ozone is no longer an issue only along the Wasatch Front, but is a concern across a broad expanse of the intermountain west, including most of rural Utah. It is estimated that over 2,000 tons of VOC and HAP emissions could be eliminated annually if Stage I controls were implemented statewide. With the recent tightening of the National Ambient Air Quality Standard (NAAQS) for ozone, the Air Quality Board is proposing to expand the Stage I vapor recovery requirements throughout the State of Utah. Rules R307-342 and R307-328 work together to establish the Stage I vapor recovery requirements. Rule R307-328 requires gasoline transport vehicles and the bulk plants and service stations that receive gasoline from them to capture vapors released during transfer operations. Rule R307-342 requires that gasoline delivery equipment provide leak-tight loading and off-loading, and specifies procedures by which contractors may become certified to perform leak tightness tests. The Board is proposing a phase in compliance schedule so that larger commercially run companies with large numbers of stations could schedule the implementation of Stage I modifications. In addition, this phase-in process would allow smaller private facilities the opportunity to save for the up-front capital costs. The proposal allows for facilities to request two six-month extensions. However, all facilities must be in compliance with this rule not later than 04/30/2011.

State statutory or constitutional authorization for this rule:

Subsection 19-2-104(1)(a)

Anticipated cost or savings to:

the state budget:

There are approximately 129 tanks that are all part of the State Fuel Network that include Utah Department of Transportation facilities, school districts, universities, correctional facilities, and maintenance facilities. Total cost to modify these underground storage tanks will be approximately $96,750.

local governments:

Approximately 6 local governments maintain approximately 16 underground gasoline storage tanks. Vapor recovery modification to these tanks will cost approximately $750 per tank for a total of $12,000.

small businesses and persons other than businesses:

Small Businesses: It is estimated that approximately 400 underground storage tanks (UST) are operated by small business owners. Individual costs are estimated to be run between approximately $750 to $5,000 per tank modification, depending on type of modification and the amount of labor involved to modify each tank. Its estimated that 22% of the small business USTs are older than 20 years and would require more labor and equipment to modify the tanks. Estimated total cost for small businesses would be approximately $676,000. Other Persons: There may be some additional costs for tank trucks modifications. These are estimated to be approximately $320 per truck modification. It is impossible to estimate how many trucks will need to be modified. However, it is believed that nearly all tank trucks operating in Utah are already equipped with Stage I technology. No costs are anticipated to other persons not affiliated with gasoline delivery or dispensing facilities.

Compliance costs for affected persons:

Individual costs are estimated to be run between approximately $750 and $5,000 per tank modification, depending on type of modification and the amount of labor involved to modify each tank. The cost for each bulk plant modification will be approximately $750 per delivery station. However, the Division of Air Quality does not have through-put data on any of these rural bulk plants, but believes that several of them have through-puts less than 3,900 gallons per 30-day running period. This would exempt them from Stage I technology requirements. The cost for each delivery truck is approximately $320, but most trucks already are equipped.

Comments by the department head on the fiscal impact the rule may have on businesses:

Stage I vapor recovery systems have been found to be a successful method of controlling VOC and HAP emissions along the Wasatch Front. Benefit and cost parameters show that implementation of Stage I vapor recovery systems throughout the remainder of the State of Utah would be both cost effective and environmentally beneficial. Making this change now will protect our health, our quality of life, and the environment for years to come. Rick W. Sprott, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Environmental Quality
Air Quality
150 N 1950 W
SALT LAKE CITY UT 84116-3085

Direct questions regarding this rule to:

Mat E. Carlile at the above address, by phone at 801-536-4136, by FAX at 801-536-0085, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

07/01/2008

Interested persons may attend a public hearing regarding this rule:

6/11/2008 at 11:00 AM, Bear River Health Department Environmental Health Building, 85 E 1800 N, Main Conference Room, North Logan, UT; 6/17/2008 at 11:00 AM, The Mickelson Center, 50 E 400 S, Duchesne, UT; 6/17/2008 at 6:00 PM, Grand Center, 182 N 500 W, Room # 4, Moab, UT; 6/18/2008 at 11:00 AM, Sevier County Administration Building, 250 N Main Street, the Auditorium, Richfield, UT; 6/18/2008 at 7:00 PM, St. George City Hall, 175 E 200 N, City Council Chamber, St. George, UT; 6/19/2008 at 2:00 PM, Nephi City Office Building, 21 E 100 N, City Council Chamber, Nephi, UT; and 6/25/2008 at 2:00 PM, DEQ Building, 168 N 1950 W, Room 201, Salt Lake City, UT

This rule may become effective on:

08/07/2008

Authorized by:

Bryce Bird, Planning Branch Manager

RULE TEXT

R307. Environmental Quality, Air Quality.

R307-328. [Ozone Nonattainment and Maintenance Areas and Utah and Weber Counties: ]Gasoline Transfer and Storage.

R307-328-1. Purpose.

The purpose of R307-328 is to establish Reasonably Available Control Technology (RACT) for control of gasoline vapors during the filling of gasoline transport vehicles and storage tanks in Utah.[ ozone nonattainment and maintenance areas and Utah and Weber Counties.] The rule is based on federal control technique guidance documents. This requirement is commonly referred to as stage I vapor recovery.

 

R307-328-2. Applicability.

(1) Transport Vehicles. R307-328 applies to the owner or operator of any gasoline tank truck, railroad tank car, or other gasoline transport vehicle that loads or unloads gasoline in Utah[ or Weber County or any ozone nonattainment or maintenance area].

(2) Gasoline Dispensing. R307-328 applies to the owner or operator of any bulk terminal, bulk plant, stationary storage container, or service station located in Utah[ or Weber County or any ozone nonattainment or maintenance area].

(3) This rule applies to all transport vehicles and dispensing facilities that operate within Utah according to the compliance schedule defined in section 328-9 of this rule.

 

R307-328-9. Compliance Schedule.

[Sources located within any newly designated nonattainment area for ozone shall be in compliance with this rule within 180 days of the effective date of designation to nonattainment.

](1) Effective May 1, 2000, all Facilities located in Davis, Salt Lake, Utah, and Weber Counties shall be in compliance with this rule.

(2) All other facilities located in Utah, shall be in compliance with this rule according to the following phase-in schedule:

(a) Facilities located in Box Elder, Cache, Tooele and Washington Counties shall be in compliance with this rule by April 30, 2009.

(b) Facilities located in Emery, Iron, Juab, Millard, Sevier, Summit and Uintah Counties shall be in compliance with this rule by April 30, 2010.

(c) All facilities located in Utah shall be in compliance with this rule by April 30, 2011.

(2) If this implementation schedule results in a scheduling and/or financial hardship for an individual facility, that facility may request a six-month extension from the Executive Secretary of the Utah Air Quality Board. A maximum of two six-month extensions may be granted. Regardless of extension requests submitted, all facilities must be in compliance with this rule not later than April 30, 2011.

(3) A request for an extension must be documented and contain valid reasons why a facility will not able to meet the phase-in schedule indicated in (1)(a) or (b) above. A late start on preparation or planning is not a valid reason to grant an extension. The request for extension must also contain a proposed implementation schedule that shows compliance to this rule at the earliest possible date, but no later than April 30, 2011.

 

R307-328-10. Authorized Contractors.

(1) All modifications performed on underground storage tanks regulated by Title 19, Chapter 6, Part 4, the Utah Underground Storage Tank Act, to bring them into compliance with R307-328, shall be performed by contractors certified under R311-201.

 

KEY: air pollution, gasoline transport, ozone

Date of Enactment or Last Substantive Amendment: [January 16, 2007]2008

Notice of Continuation: March 15, 2007

Authorizing, and Implemented or Interpreted Law: 19-2-101; 19-2-104(1)(a)