No. 34349 (Change in Proposed Rule): Rule R307-328. Gasoline Transfer and Storage

DAR File No.: 34349
Filed: 04/13/2011 10:51:23 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

On 01/05/2011, the Air Quality Board proposed revisions to Rule R307-328, the Stage I vapor recovery rule. The proposal eliminated the current December to March testing window and replaced the current testing and vapor tightness standards with the more stringent standards in the federal Maximum Achievable Control Technology (MACT) for Gasoline Distribution Facilities. During the review of the rule, several representatives of local refineries identified a problem with the proposal. Railcar gasoline cargo tanks are tested for vapor tightness using different procedures, and the proposed rule change would have expanded the scope of the current rule by requiring these tanks to be tested using the same procedures as truck cargo tanks. This change in proposed rule revises the original rule amendment to clarify that railcar cargo tanks may use the alternate testing methods for railcars established in the MACT. This is consistent with Utah's current rule and the long-standing methods established in both the MACT and the New Source Performance Standards (NSPS) for Gasoline Distribution Facilities.

Summary of the rule or change:

This change in proposed rule revises the original rule amendment to clarify that railcar cargo tanks may use the alternate testing methods for railcars established in the MACT at 40 CFR 63.425(i). Additionally, changes where made to the date when the new testing standards would be required. This is due to taking this Change in Proposed Rule (CPR) action. (DAR NOTE: This change in proposed rule has been filed to make additional changes to a proposed amendment that was published in the February 1, 2011, issue of the Utah State Bulletin, on page 28. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike-out indicates text that has been deleted. You must view the change in proposed rule and the proposed amendment together to understand all of the changes that will be enforceable should the agency make this rule effective.)

State statutory or constitutional authorization for this rule:

• Subsection 19-2-104(1)(a)
• Section 19-2-101

This rule or change incorporates by reference the following material:

• Adds 40 CFR 63.425(i), published by Government Printing Office , July 1, 2009

Anticipated cost or savings to:

the state budget:

No cost or savings is anticipated for state budget as this change does not create any new requirements.

local governments:

No cost or savings is anticipated for local government as this change does not create any new requirements.

small businesses:

No cost or savings is anticipated for small businesses as this change does not create any new requirements.

persons other than small businesses, businesses, or local governmental entities:

No cost or savings is anticipated for persons other than small businesses, businesses, or local government entities as this change does not create any new requirements.

Compliance costs for affected persons:

No cost or savings is anticipated for affected persons as this change does not create any new requirements.

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

No cost or savings is anticipated for businesses as this amendment does not create any new requirements.

Amanda Smith, 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
195 N 1950 W
SALT LAKE CITY, UT 84116-3085

Direct questions regarding this rule to:

• Kimberly Kreykes at the above address, by phone at 801-536-4042, by FAX at 801-536-4099, 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:

This rule may become effective on:

06/07/2011

Authorized by:

Bryce Bird, Acting Director

RULE TEXT

R307. Environmental Quality, Air Quality.

R307-328. Gasoline Transfer and Storage.

 

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R307-328-2. Applicability.

(1) Gasoline Cargo Tanks. R307-328 applies to the owner or operator of any gasoline cargo tank that loads or unloads gasoline in Utah.

(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 that dispenses 10,000 gallons or more in any one calendar month.

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

(4) All references to 40 CFR in R307-328 shall mean the version that is effective as of the date referenced in R307-101-3.

 

R307-328-3. Definitions.

The following additional definitions apply to R307-328.

"Bottom Filling" means the filling of a tank through an inlet at or near the bottom of the tank designed to have the opening covered by the liquid after the pipe normally used to withdraw liquid can no longer withdraw any liquid.

"Submerged Fill Pipe" means any fill pipe with a discharge opening which is entirely submerged when the liquid level is 6 inches above the bottom of the tank and the pipe normally used to withdraw liquid from the tank can no longer withdraw any liquid.

"Gasoline cargo tank" means gasoline cargo tank as defined in 40 CFR 63.421[, effective as of the date referenced in R307-101-3,] that is hereby [adopted and] incorporated by reference.

 

 

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R307-328-7. Vapor Tightness Testing.

(1) Gasoline cargo tanks [ ]and their vapor collection systems shall be tested annually for leakage in accordance with the test methods and vapor tightness standards in 40 CFR 63.425(e)[, effective as of the date referenced in R307-101-3,] which are hereby incorporated by reference.

(2) Each owner or operator of a gasoline cargo tank shall have documentation in their possession demonstrating that the gasoline cargo tank has passed the annual test in (1) above within the preceding twelve months.

(3) The vapor tightness documentation described in (2), as well as record of any maintenance performed, shall be retained by the owner or operator of the gasoline cargo tank for a two year period and be available for review by the executive secretary or the executive secretary's representative.

(4) The owner or operator of a railcar gasoline cargo tank may use the testing, recordkeeping, and reporting requirements in 40 CFR 63.425(i), that is hereby incorporated by reference, as an alternative to the annual testing requirements in (1) through (3) above.

 

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R307-328-9. Compliance Schedule.

(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.

(3) 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.

(4) 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 (2)(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.

(5) The vapor tightness testing standard in R307-328-7(1) shall apply to tests conducted after [April 6,]June 7, 2011. All gasoline cargo tanks shall be tested using the vapor tightness testing standard in R307-328-7(1) by [April 6,]June 7, 2012.

 

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KEY: air pollution, gasoline transport, ozone

Date of Enactment or Last Substantive Amendment: 2011

Notice of Continuation: March 15, 2007

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

 

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