TransMontaigne Terminals, LLC 

Port Everglades North Terminal 

Facility ID No.: 0110069 

Broward County 

Title V Air Operation Permit Revision 

FINAL Permit No.: 0110069-019-AV 

Permitting and Compliance Authority:

Broward County Environmental Protection and Growth Management Department 

Pollution Prevention, Remediation and Air Quality Division (PPRAQD) 

One North University Drive, Suite 203 

Plantation, FL 33324 

Telephone: 954-519-1260 

Fax: 954-519-1495 
Title V Air Operation Permit Revision 

FINAL Permit No.: 0110069-019-AV 

Table of Contents 

Section ___________________ Page Number

Placard Page ..................................................................................................................................................... 

I. Facility Information ...................................................................................................................................... 

 A. Facility Description. 

 B. Summary of Emissions Unit ID No(s). and Brief Description(s). 

 C. Relevant Documents. 

II. Facility-wide Conditions ............................................................................................................................ 

III. Emissions Unit(s) and Conditions 

[A] Loading Rack with Vapor Recovery Unit (VRU) ...................................................... 

[B] Hot Oil Heaters ............................... .............................................................. 

[C] Marine Loading/Unloading and Vessel Bunkering ....................................................... 

[D] Boiler No.1 ..................................................................................................

[E] Fixed Roof Storage Tanks ................................................................................. 

[F] Internal and Domed External Floating Roof Storage Tanks ........................................... 

[G] External Floating Roof Tanks ............................................................................. 

[H] Fugitive Volatile Organic Compounds Emissions Sources ............................................ 

IV. Appendices 

[1] Compliance Assurance Monitoring (CAM) for Marine Loading Rack ............................ 

[2] Performance Testing Requirements, 40 CFR 63.7 .................................................... 

[3] Compliance with Standards and Maintenance Requirements, 40 CFR 63.6 ....................... 

[4] Monitoring Requirements, 40 CFR 63.8 ................................................................. 

[5] Notification Requirements, 40 CFR 63.9 ...............................................................

[6] Recordkeeping and Reporting Requirements, 40 CFR 63.10 ........................................ 

[7] General Compliance Test Requirements, F.A.C. ......................................................

[8] General Notification and Reporting Requirement, 40 CFR 60,19 .................................... 

[9] Notification and Recordkeeping, 40 CFR 60,7 .......................................................... 

V. Attachments 

SOB, Statement of Basis 

TV: Title V Conditions (version dated 07/2008) 

RR: Facility-wide Title V Reporting Requirements 

I-1: List of Insignificant Emissions Units and/or Activities 

U-1 - List of Unregulated Emissions Units and/or Activities 

H-1: Permit History 

Table 1-1, - Summary Of Air Pollutant Standards And Terms 

Table 2-1, Summary of Compliance Requirements 

A-1 - Abbreviations, Acronyms, Citations, and Identification No 

1 

2 

3 

4 

13 

15 

17 

19 

20 

23 

27 

30 

36 

41 

48 

56 

60 

67 

71 

73 
Environmental Protection and Growth Management Department 

POLLUTION PREVENTION, REMEDIATION AND AIR QUALITY DIVISION – AIR QUALITY PROGRAM 

One North University Drive, Suite 203, Plantation, Florida 33324 

 954-519-1260 * Fax: 954-519-1495 

Broward County Board of County Commissioners

Sue Gunzburger • Kristin D. Jacobs • Albert C. Jones • Ken Keechl • Ilene Lieberman • Stacy Ritter • John E. Rodstrom, Jr. • Diana Wasserman-Rubin • Lois Wexler

www.broward.org

Permittee: FINAL Permit NO.: 0110069-019-AV 

TransMontaigne Terminals, LLC Facility ID No.: 0110069 

Facility: TransMontaigne Port Everglades North Terminal 

SIC No(s).: 51, 517, 5171 

Project: Title V Air Operation Permit Revision 

The purpose of this permitting project is to revise the existing Title V permit No. 0110069-013-AV, which was issued on 

9/1/2005, to incorporate a name change, the operation of two new natural gas fired hot oil heaters, and the operation of a 

newly constructed marine loading/ unloading and vessel bunkering facility. The TransMontaigne North Terminal consists of 

a north tank farm located at 2401 Eisenhower Boulevard, Fort Lauderdale, Broward County; latitude: 26° 05’ 40” north and 

longitude: 80° 07’ 39” west. 

This Title V air operation permit revision is issued under the provisions of Chapter 403, Florida Statutes (F.S.), and Florida 

Administrative Code (F.A.C.) Chapters 62-4, 62-210 and 62-213. The above named permittee is hereby authorized to operate 

the facility shown on the application and approved drawing(s), plans, and other documents, attached hereto or on file with the 

permitting authority, in accordance with the terms and conditions of this permit. 

 

Effective Date: 3/30/2010 

Expiration Date: 8/31/2010 

 

___________________________ 

Daniela Banu 

Air Quality Administrator 

Broward County Pollution Prevention, Remediation and Air Quality Division 

 

/SJ Page 1 
TransMontaigne Port Everglades North Terminal Page 2 Permit No.: 0110069-019-AV

Section I: Facility Information.

Subsection A. Facility Description.

TransMontaigne Terminals, LLC owns and operates the Port Everglades North Terminal which is a petroleum 

liquid storage and bulk gasoline terminal located in Fort Lauderdale, Florida. The unit operations shown on the 

following process flow diagram: 

Regulated emission units include: petroleum (crude oil and refined products) storage tanks, petroleum product 

loading racks, hot oil heaters, and a boiler. Volatile organic compounds (VOC) generated during gasoline truck 

and marine loading operations are controlled by vapor recovery units (VRU). Also included in this permit are 

miscellaneous insignificant emissions units and/or activities.

The facility is a synthetic minor source of VOC air pollutants under the Prevention of Significance 

Deterioration (PSD) Program, a major source of VOC under the Title V Operating Permit Program, and a major 

source of Hazardous Air Pollutant (HAP) under the Title III Program. 
TransMontaigne Port Everglades North Terminal Page 3 Permit No.: 0110069-019-AV

Subsection B. Summary of Emissions Unit ID No(s). and Brief Description(s). 

E.U. No. Brief Description

-031 Loading Rack with Vapor Recovery Unit (VRU) 

-029 Hot Oil Heaters Nos. 1 and 2 

-045 Marine Loading/Unloading and Vessel Bunkering (Berth 6) with a VRU 

-038 Boiler No.1 

-033 Fixed Roof Tanks 

-040 Internal (IFR)/Domed External Floating Roof (DEFR) Storage Tanks 

-044 External Floating Roof Tanks 

-037 Fugitive VOC Sources (Asphalt, Fuel Oil #2,6 Loading Racks, ...) 

Unregulated Emissions Units and/or Activities 

E.U. No. Brief Description

-039 Diesel Fired Engines - Yard Usage 

Section II.

Facility-wide Conditions.

The following conditions apply facility-wide to all emission units and activities: 

1. Attachments. The owner or operator shall comply with the requirements of the following Attachments to this 

permit: TV (Title V Conditions), RR (Facility-wide Title V Reporting Requirements), I-1 (List of Insignificant 

Emissions Units and/or Activities), and U-1(List of Unregulated Emissions Units and/or Activities). 

[Rule 62-213.440, F.A.C.] 

{Permitting Note. The following attachments provide information for convenience purposes only and do not 

supersede any of the terms or conditions of this permit: Table 1-1 (Summary of Air Pollutant Standards and 

Terms), Table 2-1 (Summary of Compliance Requirements), H-1 (Permit History), and A-1 (Glossary).} 

2. Objectionable Odor Prohibited. No person shall cause, suffer, allow or permit the discharge of air pollutants, 

which cause or contribute to an objectionable odor. An “objectionable odor” means any odor present in the 

outdoor atmosphere which by itself or in combination with other odors, is or may be harmful or injurious to 

human health or welfare, which unreasonably interferes with the comfortable use and enjoyment of life or 

property, or which creates a nuisance. 

[Rule 62-296.320 (2) and 62-210.200 (220) (Definitions), F.A.C.] 

3. General Pollutant Emission Limiting Standards. Volatile Organic Compounds (VOC) Emissions or Organic 

Solvents (OS) Emissions. The permittee shall allow no person to store, pump, handle, process, load, unload or 

use in any process or installation, volatile organic compounds (VOC) or organic solvents (OS) without 

applying known and existing vapor emission control devices or systems deemed necessary and ordered by 

PPRAQD. 

[Rule 62-296.320(1), F.A.C.] 

4. General Visible Emissions. No person shall cause, let, permit, suffer or allow to be discharged into the 

atmosphere the emissions of air pollutants from any activity equal to or greater than 20% opacity. EPA 

Method 9 is the method of compliance pursuant to Chapter 62-297, F.A.C. This regulation does not impose a 

specific testing requirement. 

[Rule 62-296.320(4) (b), F.A.C.] 

5. Emissions of Unconfined Particulate Matter (PM). No person shall cause, let, permit, suffer or allow the 

emissions of unconfined PM from any activity, including vehicular movement; transportation of materials; 

construction, alteration, demolition or wrecking; or industrially related activities such as loading, unloading, 

storing or handling; without taking reasonable precautions to prevent such emissions. 
TransMontaigne Port Everglades North Terminal Page 4 Permit No.: 0110069-019-AV

[Rule 62-296.320(4) (c), F.A.C] 

6. Circumvention. No person shall circumvent any air pollution device, or allow the emission of air pollutants 

without the applicable air pollution control device operating properly. 

[Rule 62-210.650, F.A.C.] 

7. Not Federally Enforceable. 

(1) Concealment. No person shall build, erect, install, or use any article, machine, equipment or other 

contrivance, the use of which will conceal any emission which would otherwise constitute a violation of 

any provisions of Broward County Codes. 

(2) Maintenance. No person shall operate any air pollution control equipment or systems without proper 

and sufficient maintenance to assure compliance with Broward County Codes. 

[Broward County Code, Sec. 27-175(b)] 

8. Prevention of Accidental Releases (Section 112(r) of CAA).

a. The permittee shall submit its Risk Management Plan (RMP) to the Chemical Emergency Preparedness 

and Prevention Office (CEPPO) RMP Reporting Center when, and if, such requirement becomes 

applicable. Any Risk Management Plans, original submittals, revisions or updates to submittals, should be 

sent to: RMP Reporting Center, Post Office Box 1515, Lanham-Seabrook, MD 20703-1515, Telephone: 

301/429-5018. 

b. The permittee shall submit to the permitting authority Title V certification forms or a compliance schedule 

in accordance with Rule 62-213.440(2), F.A.C. 

[40 CFR 68] 

 

Section III.

Emissions Unit(s) and Conditions

Subsection A. This section addresses the following emission unit. 

E.U. ID No. Brief Description

-031 Loading Rack with VRU 

This emission unit consists of three loading positions, each equipped with a vapor recovery line. During loading of 

the trucks, accomplished by submerged filling, the displaced vapors are routed to the VRU. This emission unit 

includes a Continuous Emissions Monitoring System (CEMS). 

{Permitting Note: (IMPORTANT REGULATORY CLASSIFICATION - This emission unit is regulated under 

Rule 62-204.800(11) (b) 11 F.A.C. which adopts by reference 40 CFR 63, Subpart R, Gasoline Distribution 

Facilities; and Rule 62-296.510 F.A.C., Bulk Gasoline Terminals. This emission unit is not subject to the CAM 

requirements under 40 CFR 64.)} 

The following specific conditions apply to the emissions unit listed above: 

Essential Potential to Emit (PTE) Parameters

A.1. Throughput. The throughput shall not exceed 500,000,000 gallons per year of gasoline and 500,000,000 

gallons per year of distillate, calculated on a twelve-month rolling average basis. 

[Rule 62-4.160(2), F.A.C. and Rule 62-210.200, F.A.C., Definitions - (PTE)] 

{Permitting Note: The self imposed throughput limit serves to provide assurance that the facility would 

maintain its classification as a synthetic minor for VOC under the Prevention of Significant Deterioration 

(PSD) program.} 
TransMontaigne Port Everglades North Terminal Page 5 Permit No.: 0110069-019-AV

Emission Limitations and Standards

A.2. [Not federally enforceable] Loading Distillates. Total organic compounds vapors displaced from tank trucks 

during loading of distillates shall be directed to the loading rack vapor processing system, unless the owners 

or operator can demonstrate as a practical matter that the tank trucks being loaded do not contain gasoline 

vapors. 

[Broward County Code, Sec. 27-177(f)] 

A.3. Gasoline Loading at Bulk Gasoline Terminals. No person shall load gasoline into any tank, trucks, or trailers 

from any bulk gasoline terminal unless: 

(a) Displaced vapors are vented only to the vapor control system; and 

(b) A means is provided to prevent liquid waste from the loading device to exceed the quantity specified for 

the self-sealing coupler or adapter according to API regulation RP 1004 (or equivalent) upon the loading 

device being disconnected or when it is not in use (the above referenced are available from the American 

Petroleum Institute, 2101 “L” Street N.W.,Washington, D.C. 20037); and, 

(c) All loading and vapor lines equipped with fittings are vapor tight; and 

(d) The bulk gasoline terminal is equipped with a properly installed and operated vapor control system 

complying with F.A.C. Rule 62-296.510 and which recovers vapors from the equipment being controlled 

or which directs all vapors to a combustion or incineration system. 

[Rule 62-296.510(3), F.A.C.] 

A.4. Loading Rack Emissions. Emissions to the atmosphere from the vapor collection and processing systems due 

to the loading of gasoline cargo tanks shall not exceed 10 milligrams of total organic compounds per liter of 

gasoline loaded. 

[40 CFR 63.422(b)] 

A.5. Loading Gasoline Tank Trucks. The owner or operator shall comply with the following requirements in 40 

CFR 60.502, except for paragraphs (b), (c), and (j) of that section. 

(a) The loading rack shall be equipped with a vapor collection system designed to collect the total organic 

compounds vapors displaced from tank trucks during product loading. 

(b), (c) (NA) 

(d) The vapor collection system shall be designed to prevent any total organic compounds vapors collected at 

one loading rack from passing to another loading rack. 

(e) Loading requirements. Loadings of liquid product into gasoline tank trucks shall be limited to vaportight gasoline tank trucks using the following procedures: 

(1) Vapor tightness documentation. The owner or operator shall obtain the vapor tightness 

documentation for each gasoline tank truck which is to be loaded at the affected facility. The vapor 

tightness documentation file for each gasoline tank truck shall be updated at least once per year to 

reflect current test results as determined by Method 27. This documentation shall include, as a 

minimum, the following information: 

1. Test title: Gasoline Delivery Tank Pressure Test--EPA Reference Method 27. 

2. Tank owner and address. 

3. Tank identification number. 

4. Testing location. 

5. Date of test. 

6. Tester name and signature. 

7. Witnessing inspector, if any: Name, signature, and affiliation. 

8. Test results: Actual pressure change in 5 minutes, mm of water (average for 2 runs) 

(2) Tank identification number - records. The owner or operator shall require the tank identification 

number to be recorded as each gasoline tank truck is loaded at the affected facility. 

(3) Tank identification number – cross checking. 
TransMontaigne Port Everglades North Terminal Page 6 Permit No.: 0110069-019-AV

(i) The owner or operator shall cross-check each tank identification number obtained in paragraph 

(e) (2) of this section with the file of tank vapor tightness documentation within 2 weeks after 

the corresponding tank is loaded, unless either of the following conditions is maintained:

(A) If less than an average of one gasoline tank truck per month over the previous 26 weeks is 

loaded without vapor tightness documentation then the documentation cross-check shall be 

performed each quarter; or 

(B) If less than an average of one gasoline tank truck per month over the last 52 weeks is loaded 

without vapor tightness documentation then the documentation cross-check shall be 

performed semiannually. 

(ii) If either the quarterly or semiannual cross-check provided in paragraphs (e) (3) (i) (A) through 

(B) of this section reveals that these conditions were not maintained, the source must return to 

biweekly monitoring until such time as these conditions are again met. 

(4) Non-vapor-tight gasoline tank truck notification. The terminal owner or operator shall notify the 

owner or operator of each non-vapor-tight gasoline tank truck loaded at the affected facility within 1 

week of the documentation cross-check in paragraph (e) (3) of this section. 

(5) Non-vapor-tight gasoline tank truck reloading. The terminal owner or operator shall take steps 

assuring that the non-vapor-tight gasoline tank truck will not be reloaded at the affected facility until 

vapor tightness documentation for that tank is obtained which documents that: 

(i) The tank truck meets the test requirements in 40 CFR 63.425(e) (see Condition A.11.). 

(ii) For each gasoline cargo tank failing the test in 40 CFR 63.425 (f) or (g) (see Conditions A.12. 

and A.13.) at the facility, the cargo tank either: 

(A) Before repair work is performed on the cargo tank, meets the test requirements in 40 CFR 

63.425 (g) or (h) (see Conditions A13. or A.14.), or 

(B) After repair work is performed on the cargo tank before or during the tests in 40 CFR 63.425 

(g) or (h) (see Conditions A13. or A.14.), subsequently passes the annual certification test 

described in 40 CFR 63.425(e) (see Condition A.11.). 

(6) Alternate procedures. Alternate procedures to those described in paragraphs (e) (1) through (5) of 

this section for limiting gasoline tank truck loadings may be used upon application to, and approval 

by, the Administrator (EPA). 

The owner or operator shall maintain and operate the automatic lockout system in accordance 

with the manufacturer’s specifications. The lockout system prevents non-vapor-tight gasoline tank 

truck from loading products. 

 (f) Vapor collection equipment compatibility. The owner or operator shall act to assure that loadings of 

gasoline tank trucks at the affected facility are made only into tanks equipped with vapor collection 

equipment that is compatible with the terminal's vapor collection system. 

(g) Vapor collection systems connections. The owner or operator shall act to assure that the terminal's and 

the tank truck's vapor collection systems are connected during each loading of a gasoline tank truck at 

the affected facility. Examples of actions to accomplish this include training drivers in the hookup 

procedures and posting visible reminder signs at the affected loading racks. 

(h) Gauge pressure during product loading. The vapor collection and liquid loading equipment shall be 

designed and operated to prevent gauge pressure in the delivery tank from exceeding 4,500 pascals (450 

mm of water) during product loading. This level is not to be exceeded when measured by the procedures 

specified in 40 CFR 60.503(d) (see Condition A.10 (9)). 

(i) Pressure-vacuum vent. No pressure-vacuum vent in the bulk gasoline terminal's vapor collection system 

shall begin to open at a system pressure less than 4,500 pascals (450 mm of water). 

[40 CFR 63.422(a), (c) 40 CFR 60.502(e)-(i)] 

A.6. General Provisions for Compliance with Standards and Maintenance Requirements. The owner or operator 

shall comply with the general provisions for compliance with standards and maintenance requirements 

outlined in Appendix 3 of this permit. Appendix 3 includes: 
TransMontaigne Port Everglades North Terminal Page 7 Permit No.: 0110069-019-AV

(a) – (d) [Blank] 

(e) Operation and maintenance requirements. 

(f) Compliance with non-opacity emission standards 

(g) Use of an alternative nonopacity emission standard. 

(h) [Blank] 

(i) Extension of compliance with emission standards. 

(j) Exemption from compliance with emission standards. 

[40 CFR 63.420(h); Table 1 of subpart R] 

Test Methods and Procedures

A.7. General Compliance Test Requirements. Unless otherwise specified in the permit, the owner or operator 

shall comply with the general compliance test requirements of Rule 62-297.310, F.A.C. (see Appendix 7). 

[Rules 62-297.310, F.A.C.] 

A.8. General Provisions for Performance Testing. The owner or operator shall comply with the general 

provisions for performance testing (see Appendix 2 of this permit). The provisions include: 

(a) [Blank] 

(b) Notification of performance test 

(c) Quality assurance program 

(d) Performance testing facilities. 

(e) Conduct of performance tests. 

(f) Use of an alternative test method 

(g) Data analysis, recordkeeping, and reporting 

(h) Waiver of performance tests 

 [40 CFR 63.420(h); Table 1 of subpart R] 

A.9. Compliance Testing Frequency. During the 12-month period prior to renewal of the operation permit, the

owner or operator shall conduct formal compliance testing on the loading rack. The owner or operator shall 

also conduct compliance testing at such times when the PPRAQD, after investigation, has good reason to 

believe that the applicable emission standard of the loading rack is being violated 

[Rules 62-297.310 (7) (a) 3. & 62-297.310(7) (b), F.A.C., 40 CFR 63.7 (3)] 

{Permitting Note. The owner or operator may substitute the Relative Accuracy Test Audit (RATA) for the 

Continuous Emission Monitoring System (CEMS) in accordance with 40 CFR 60 Appendix F in lieu of the 

stack tests.} 

A.10. Vapor Processing System Test Methods and Procedures. 

The owner or operator shall conduct a performance test on the vapor processing and collection system using 

the test methods and procedures in 40 CFR 60.503, except a reading of 500 ppm shall be used to determine 

the level of leaks to be repaired under 40 CFR 60.503(b): 

(1) Leakage of vapor. The owner or operator shall use Method 21 to monitor for leakage of vapor all 

potential sources in the terminal's vapor collection system equipment while a gasoline tank truck is being 

loaded. The owner or operator shall repair all leaks with readings of 500 ppm (as methane) or greater 

before conducting the performance test. 

(2) Test Duration and Loading Rate. The performance test shall be 6 hours long during which at least 

302,800 liters of gasoline is loaded. If this is not possible, the test may be continued the same day until 

302,800 liters of gasoline is loaded or the test may be resumed the next day with another complete 6-

hour period. In the latter case, the 302,800-liter criterion need not be met. However, as much as possible, 

testing should be conducted during the 6-hour period in which the highest throughput normally occurs.

{Permitting Note: The 300,000 liter gasoline throughput requirement in 40 CFR 60.503 (c) (1) is 

superseded by the 302,800 liter requirement in Rule 62-297.440(2) (b) 1.a, F.A.C.}. 
TransMontaigne Port Everglades North Terminal Page 8 Permit No.: 0110069-019-AV

(3) Intermittent Operation. If the vapor processing system is intermittent in operation, the performance test 

shall begin at a reference vapor holder level and shall end at the same reference point. The test shall 

include at least two startups and shutdowns of the vapor processor. If this does not occur under 

automatically controlled operations, the system shall be manually controlled. 

(4) Emission Rate Calculation. The emission rate (E) of total organic compounds shall be computed using 

the following equation: 

∑( )

=

=

n

i

E K VesiCei L

1

6

10

 where: 

E = emission rate of total organic compounds, mg/liter of gasoline loaded. 

Vesi = volume of air-vapor mixture exhausted at each interval "i", scm. 

Cei = concentration of total organic compounds at each interval "i", ppm. 

 L = total volume of gasoline loaded, liters. 

 n = number of testing intervals. 

 i = emission testing interval of 5 minutes. 

K = density of calibration gas, 1.83 x 106 for propane and 2.41 x 106 for butane, mg/scm. 

(5) Test Intervals. The performance test shall be conducted in intervals of 5 minutes. For each interval ``i'', 

readings from each measurement shall be recorded, and the volume exhausted (Vesi) and the 

corresponding average total organic compounds concentration (Cei) shall be determined. The sampling 

system response time shall be considered in determining the average total organic compounds 

concentration corresponding to the volume exhausted. 

(6) Volume (Vesi) Determination. Method 2A shall be used to determine Vesi for the VRU 

(7) Concentration (Cei) Determination. Method 25A or 25B shall be used for determining the total organic 

compounds concentration (Cei) at each interval. The calibration gas shall be either propane or butane. 

The owner or operator may exclude the methane and ethane content in the exhaust vent by any method 

(e.g., Method 18) approved by the PPRAQD. 

(8) Volume (L) Determination. To determine the volume (L) of gasoline dispensed during the performance 

test period at all loading racks whose vapor emissions are controlled by the processing system being 

tested, terminal records or readings from gasoline dispensing meters at each loading rack shall be used. 

(9) Gauge pressure in the delivery tank. The owner or operator shall use the following procedure to 

determine compliance with the standard in 40 CFR 60.502(h), which requires that the vapor collection 

and liquid loading equipment be designed and operated to prevent gauge pressure in the delivery tank 

from exceeding 4,500 pascals (450 mm of water) during product loading. 

(i) A pressure measurement device (liquid manometer, magnehelic gauge, or equivalent 

instrument), capable of measuring up to 500 mm of water gauge pressure with ± 2.5 mm of 

water precision, shall be calibrated and installed on the terminal's vapor collection system at a 

pressure tap located as close as possible to the connection with the gasoline tank truck. 

(ii) During the performance test, the pressure shall be recorded every 5 minutes while a gasoline 

truck is being loaded; the highest instantaneous pressure that occurs during each loading shall 

also be recorded. Every loading position must be tested at least once during the performance 

test. 

(10) Monitored Operating Parameter Value for the CEMS. For each performance test conducted, the owner 

or operator shall determine a monitored operating parameter value for the vapor processing system using 

the following procedure: 

(i) During the performance test, continuously record the operating parameter for the organic 

compound concentration in the exhaust air stream (40 CFR 63.427(a)) 

(ii) Determine an operating parameter value based on the parameter data monitored during the 

performance test, supplemented by engineering assessments and the manufacturer's 

recommendations; and 

(iii) Provide for the PPRAQD's approval the rationale for the selected operating parameter value, 

and monitoring frequency and averaging time, including data and calculations used to develop 
TransMontaigne Port Everglades North Terminal Page 9 Permit No.: 0110069-019-AV

the value and a description of why the value, monitoring frequency, and averaging time 

demonstrate continuous compliance with the emission standard in 40 CFR 63.422(b) (see, 

Condition A.4.) 

(11) Change in the Operating Parameter Values. For performance tests performed after the initial test, the 

owner or operator shall document the reasons for any change in the operating parameter value since 

the previous performance test. 

 [40 CFR 63.425(a), (b), and (c), 40 CFR 60.503] 

A.11. Annual Certification Test for Gasoline Cargo Tanks. The annual certification test for gasoline cargo tanks 

shall consist of the following test methods and procedures: 

(1) Method 27, 40 CFR part 60. Conduct the test using a time period (t) for the pressure and vacuum tests 

of 5 minutes. The initial pressure (Pi) for the pressure test shall be 460 mm H2O (18 in. H2O), gauge. 

The initial vacuum (Vi) for the vacuum test shall be 150 mm H2O (6 in. H2O), gauge. The maximum 

allowable pressure and vacuum changes (∆p, ∆v) are as shown in the second column of Table 2 of this 

paragraph. 

Table 2 of 40 CFR 63.425) —Allowable Cargo Tank Test Pressure or Vacuum Change

Cargo tank or compartment 

capacity, liters (gal) 

Annual certification-allowable 

pressure or vacuum change (∆

p, ∆ v) in 5 minutes, mm H2O 

(in. H2O) 

Allowable pressure change (∆

p) in 5 minutes at any time, mm 

H2O (in. H2O) 

9,464 or more (2,500 or more) 25 (1.0) 64 (2.5) 

9,463 to 5,678 (2,499 to 1,500) 38 (1.5) 76 (3.0) 

5,679 to 3,785 (1,499 to 1,000) 51 (2.0) 89 (3.5) 

3,782 or less (999 or less) 64 (2.5) 102 (4.0) 

(2) Pressure test of the cargo tank's internal vapor valve as follows: 

 (i) After completing the tests under paragraph (1) of this section, use the procedures in Method 27 to 

repressurize the tank to 460 mm H2O (18 in. H2O), gauge. Close the tank's internal vapor valve(s), 

thereby isolating the vapor return line and manifold from the tank. 

 (ii) Relieve the pressure in the vapor return line to atmospheric pressure, then reseal the line. After 5 

minutes, record the gauge pressure in the vapor return line and manifold. The maximum allowable 

5-minute pressure increase is 130 mm H2O (5 in. H2O). 

[40 CFR 63.425(e)] 

A.12. Cargo Tanks Leak Detection Test. The leak detection test shall be performed using Method 21, appendix A, 

40 CFR part 60, except omit section 4.3.2 of Method 21. A vapor-tight gasoline cargo tank shall have no 

leaks at any time when tested according to the procedures in this paragraph. 

 (1) The leak definition shall be 21,000 ppm as propane. Use propane to calibrate the instrument, setting the 

span at the leak definition. The response time to 90 percent of the final stable reading shall be less than 

8 seconds for the detector with the sampling line and probe attached. 

(2) In addition to the procedures in Method 21, include the following procedures: 

 (i) Perform the test on each compartment during loading of that compartment or while the 

compartment is still under pressure. 

(ii) To eliminate a positive instrument drift, the dwell time for each leak detection shall not exceed two 

times the instrument response time. Purge the instrument with ambient air between each leak 

detection. The duration of the purge shall be in excess of two instrument response times. 

 (iii) Attempt to block the wind from the area being monitored. Record the highest detector reading and 

location for each leak. 

[40 CFR 63.425(f)] 
TransMontaigne Port Everglades North Terminal Page 10 Permit No.: 0110069-019-AV 

A.13. Cargo Tanks Nitrogen Pressure Decay Field Test. For those cargo tanks with manifolded product lines, this 

test procedure shall be conducted on each compartment. 

 (1) Record the Cargo Tank Capacity. Upon completion of the loading operation, record the total volume 

loaded. Seal the cargo tank vapor collection system at the vapor coupler. The sealing apparatus shall 

have a pressure tap. Open the internal vapor valve(s) of the cargo tank and record the initial headspace 

pressure. Reduce or increase, as necessary, the initial headspace pressure to 460 mm H2O (18.0 in. 

H2O), gauge by releasing pressure or by adding commercial grade nitrogen gas from a high-pressure 

cylinder capable of maintaining a pressure of 2,000 psig. 

 (i) The cylinder shall be equipped with a compatible two-stage regulator with a relief valve and a flow 

control-metering valve. The flow rate of the nitrogen shall be no less than 2 cfm. The maximum 

allowable time to pressurize cargo tanks with headspace volumes of 1,000 gallons or less to the 

appropriate pressure is 4 minutes. For cargo tanks with a headspace of greater than 1,000 gallons, 

use as a maximum allowable time to pressurize 4 minutes or the result from the equation below, 

whichever is greater. 

T = Vh x 0.004 

where: 

T = maximum allowable time to pressurize the cargo tank, min; 

Vh = cargo tank headspace volume during testing, gal. 

 

(2) Headspace Pressure Adjustment. It is recommended that after the cargo tank headspace pressure

reaches approximately 460 mm H2O (18 in. H20), gauge, a fine adjust valve be used to adjust the 

headspace pressure to 460 mm H2O (18.0 in. H2O), gauge for the next 30 ± 5 seconds. 

(3) Headspace Pressure Calculation. Reseal the cargo tank vapor collection system and record the 

headspace pressure after 1 minute. The measured headspace pressure after 1 minute shall be greater 

than the minimum allowable final headspace pressure (Pf) as calculated from the following equation: 

where: 

Pf = minimum allowable final headspace pressure, in. H2O, gauge; 

Vs = total cargo tank shell capacity, gal; 

Vh = cargo tank headspace volume after loading, gal; 

18.0 = initial pressure at start of test, in. H2O, gauge; 

 N = 5-minute continuous performance standard at any time from the third column of Table 2 of 

40 CFR 63.425(e) (i) (see, Condition A.11.), inches H2O. 

(4) Headspace Final Pressure. Conduct the internal vapor valve portion of this test by repressurizing the 

cargo tank headspace with nitrogen to 460 mm H2O (18 in. H2O),gauge. Close the internal vapor 

valve(s), wait for 30 ± 5 seconds, then relieve the pressure downstream of the vapor valve in the vapor 

collection system to atmospheric pressure. Wait 15 seconds, then reseal the vapor collection system. 

Measure and record the pressure every minute for 5 minutes. Within 5 seconds of the pressure 

measurement at the end of 5 minutes, open the vapor valve and record the headspace pressure as the 

``final pressure.'' 

 (5) Vapor-tightness Criteria. If the decrease in pressure in the vapor collection system is less than at least 

one of the interval pressure change values in Table 3 of this paragraph, or if the final pressure is equal 
TransMontaigne Port Everglades North Terminal Page 11 Permit No.: 0110069-019-AV 

to or greater than 20 percent of the 1-minute final headspace pressure determined in the test in 

paragraph (3) of this section, then the cargo tank is considered to be a vapor-tight gasoline cargo tank. 

Table 3 of 40 CFR 63.425—Pressure Change for Internal Vapor Valve Test

Time interval Interval pressure change, 

mm H2O (in. H2O) 

After 1 minute 28 (1.1) 

After 2 minutes 56 (2.2) 

After 3 minutes 84 (3.3) 

After 4 minutes 112 (4.4) 

After 5 minutes 140 (5.5) 

[40 CFR 63.425(g)] 

A.14. Cargo Tanks - Continuous Performance Pressure Decay Test. The continuous performance pressure decay 

test shall be performed using Method 27, Appendix A, 40 CFR Part 60. Conduct only the positive pressure 

test using a time period (t) of 5 minutes. The initial pressure (Pi) shall be 460 mm H2O (18 in. H2O), 

gauge. The maximum allowable 5-minute pressure change (∆p) which shall be met at any time is shown in 

the third column of Table 2 of 40 CFR 63.425(e) (1) (see Condition A.11.). 

[40 CFR 63.425(h)] 

Continuous Monitoring 

A.15. CEMS Requirements.

(a) The owner or operator shall calibrate, certify, operate, and maintain, according to the manufacturer's 

specifications, the CEMS capable of measuring organic compound concentration in the exhaust air 

stream. 

(b) The owner or operator shall operate the vapor processing system in a manner not to exceed the operating 

parameter value for the organic compound concentration in the exhaust air stream which was 

established during the formal performance test required by 40 CFR 63.425(b) (see Condition A.10.) 

[40 CFR 63.427 (a), (b)]

A.16. General Monitoring Provisions. The owner or operator shall comply with the general provisions for 

monitoring (see Appendix 4 of this permit). The provisions include: 

(a) [Blank] 

(b) Conduct of monitoring 

(c) Operation and maintenance of continuous monitoring systems. 

(d) Quality control program. 

(e) Performance evaluation of continuous monitoring systems 

(f) Use of an alternative monitoring method 

(g) Reduction of monitoring data. 

[40 CFR 63.420(h); Table 1 of subpart R] 
TransMontaigne Port Everglades North Terminal Page 12 Permit No.: 0110069-019-AV 

Recordkeeping and Reporting Requirements 

A.17. General Provisions – Notification. The owner or operator shall comply with the general provisions for 

notification (see Appendix 5 of this permit). The provisions include: 

(a) [Blank] 

(b) Initial notifications 

(c) Request for extension of compliance 

(d) Notification that source is subject to special compliance requirements 

(e) Notification of performance test. 

(g) Additional notification requirements for sources with CEMS. 

(h) Notification of compliance status. 

(j) Change in information already provided. 

[40 CFR 63.420(h); 40 CFR 63.9] 

A.18. General Provisions – Recordkeeping and Reporting. The owner or operator shall comply with the general 

provisions for recordkeeping and reporting (see Appendix 6 of this permit). The provisions include: 

(a) [Blank] 

(b) General recordkeeping requirements 

(c) Additional recordkeeping requirements for sources with CMS. 

(d) General reporting requirements. 

(e) Additional reporting requirements for sources with continuous monitoring systems-- 

(f) Waiver of recordkeeping or reporting requirements 

[40 CFR 63.420(h); 40 CFR 63.10] 

A.19. Cargo Tank Records. The owner or operator shall keep records of the test results (for at least 5 years) for 

each gasoline cargo tank loading at the facility as follows: 

(1) Annual certification testing performed under 40 CFR 63.425(e) (see Condition A.11.); and

(2) Continuous performance testing performed at any time at that facility under 40 CFR 63.425 (f), (g), and 

(h) (see Conditions A.12., A.13., and A.14.). 

(3) The documentation file shall be kept up-to-date for each gasoline cargo tank loading at the facility. The 

documentation for each test shall include, as a minimum, the following information: 

 (i) Name of test: Annual Certification Test—Method 27 (40 CFR 63.425(e) (1)); Annual Certification 

Test—Internal Vapor Valve (40 CFR 63.425(e) (2)); Leak Detection Test (40 CFR 63.425(f)); 

Nitrogen Pressure Decay Field Test (40 CFR 63.425(g)); Continuous Performance Pressure Decay 

Test (40 CFR 63.425(h)); or Railcar Bubble Leak Test Procedure (40 CFR 63.425(i)). 

(ii) Cargo tank owner's name and address. 

(iii) Cargo tank identification number. 

(iv) Test location and date. 

(v) Tester name and signature. 

(vi) Witnessing inspector, if any: Name, signature, and affiliation. 

(vii) Vapor tightness repair: Nature of repair work and when performed in relation to vapor tightness 

testing. 

(viii) Test results: Pressure or vacuum change, mm of water; time period of test; number of leaks found 

with instrument and leak definition. 

[40 CFR 63.428(b)] 

A.20. Cargo Tanks - Semi-annual reporting. The owner or operator shall include in a semiannual report to the 

PPRAQD the following information, as applicable: 

(1) Each loading of a gasoline cargo tank for which vapor tightness documentation had not been 

previously obtained by the facility; 

(2) [blank] 
TransMontaigne Port Everglades North Terminal Page 13 Permit No.: 0110069-019-AV 

(3) The number of equipment leaks not repaired after 5 days of detection. 

[40 CFR 63.428(g)] 

A.21. CEMS Records. The owner or operator shall keep the following: 

(1) An up-to-date, readily accessible record of the CEMS monitoring data. This record shall indicate the 

time intervals during which loadings of gasoline cargo tanks have occurred or, alternatively, shall 

record the operating parameter data only during such loadings. The date and time of day shall also be 

indicated at reasonable intervals on this record. 

(2) Record and report simultaneously with the notification of compliance status (see Appendix 5 of this 

permit). 

(i) All data and calculations, engineering assessments, and manufacturer's recommendations used in 

determining the operating parameter value under 40 CFR 63.425(b) (see Condition A.10. (10)); and 

(3) If an owner or operator requests approval to use a vapor processing system or monitor an operating 

parameter other than those specified in 40 CFR 63.427(a) (see Condition A.15.), the owner or operator 

shall submit a description of planned reporting and recordkeeping procedures. The PPRAQD will 

specify appropriate reporting and recordkeeping requirements as part of the review of the permit 

application. 

[40 CFR 63.428(c)] 

A.22. CEMS - Excess Emissions Report. The owner or operator shall submit a CEMS excess emissions report to 

the PPRAQD in accordance with 40 CFR 63.10(e) (3) (see Appendix 6 of this permit). The following 

occurrences are excess emissions events under this subpart, and the following information shall be 

included in the excess emissions report, as applicable: 

(1) Each exceedance or failure to maintain, as appropriate, the monitored operating parameter value 

determined under 40 CFR 63.425(b) (see Condition A.10.). The report shall include the monitoring 

data for the days on which exceedances or failures to maintain have occurred, and a description and 

timing of the steps taken to repair or perform maintenance on the vapor collection and processing 

systems or the CMS. 

(2) Each instance of a nonvapor-tight gasoline cargo tank loading at the facility in which the owner or 

operator failed to take steps to assure that such cargo tank would not be reloaded at the facility 

before vapor tightness documentation for that cargo tank was obtained. 

(3) Each reloading of a nonvapor-tight gasoline cargo tank at the facility before vapor tightness 

documentation for that cargo tank is obtained by the facility in accordance with 40 CFR 63.422(c) 

(2) (see Condition A.5. (e) (5)) 

[40 CFR 63.428(h)] 

A.23. Compliance Test Report Submittal. The compliance test report shall be submitted to the PPRAQD as soon 

as practicable, but no later than 45 days after the last test is completed. 

[Rule 62-4.070(3) and 62-297.310 (8) (b), F.A.C] 

Subsection B. This section addresses the following emissions unit. 

E.U. ID No. Brief Description

-029 Hot Oil Heaters 

This emission unit consists of four hot oil heaters. 

{Permitting Note: IMPORTANT REGULATORY CLASSIFICATIONS - Rule 62-204.800(7) (b) 4 which adopts 

by reference NSPS Subpart Dc -Standards of Performance for Small Industrial-Commercial-Institutional Steam 

Generating Units, applies to heaters with a maximum design heat input capacity greater than or equal to 10 

MMBtu/hr that were constructed after June 9, 1989. Subpart Dc defines steam generating unit as a device that 

combusts any fuel and produces steam or heats water or heats any heat transfer medium.} 
TransMontaigne Port Everglades North Terminal Page 14 Permit No.: 0110069-019-AV 

The following conditions apply to the emissions unit listed above: 

Essential Potential to Emit (PTE) Parameters. 

B.1. Capacity. The heaters rating and allowable fuel types are shown in the following table: 

Hot Oil 

Heaters

MMBTU/hour. Constructed Date Fuel

1 13.2 July 1995 Distillate, Natural Gas 

2 13.2 July 1995 Distillate, Natural Gas 

3 4.2 September 2009 Natural Gas 

4 4.2 September 2009 Natural gas 

[Rule 62-4.160(2), F.A.C. and Rule 62-210.200, F.A.C., Definitions - (PTE)] 

B.2. Hours of Operation. This emissions unit is allowed to operate 8,760 hours/year while using natural gas or 

fuel oil with sulfur content less than 0.05 percent by weight. The hours of operation is limited to 5,500 hours 

/year while using fuel with sulfur content within 0.05 -0.5 percent by weight. 

[Rule 62-210.200 (245), F.A.C. (PTE), Permit AC 06-265705] 

Emission Limitations and Standards

B.3. Sulfur Dioxide (SO2) Emissions. To limit the discharge of SO2 into the atmosphere, the owner or operator 

shall not combust oil that contains greater than 0.5 weight percent sulfur. 

[40 CFR 60.42c (d)] 

Test Methods and Procedures

B.4. Fuel Oil Sulfur Limits. Compliance with the fuel oil sulfur limit shall be determined based on a certification 

from the fuel supplier, or by an analysis performed by the owner or operator in accordance with ASTM Test 

Methods D 2880-71, D-1072-80, D 3031-81, D 4084-82 or D 3264-81. 

Fuel Supplier Certification. To demonstrate compliance with the sulfur content limit of the distillate oil 

used for combustion based on a certification from the fuel supplier, the owner or operator shall maintain 

records of : (i) The name of the oil supplier; (ii) A statement from the oil supplier that the oil complies with 

the specifications in accordance with the definition of distillate oil in 40 CFR 60.41c which states that 

“Distillate oil means fuel oil that complies with the specifications for fuel oil numbers 1 or 2, as defined by 

the American Society for Testing and Materials in ASTM D396 or diesel fuel oil numbers 1 or 2, as defined 

by the American Society for Testing and Materials in ASTM D975”, and (iii) The sulfur content or 

maximum sulfur content of the oil. 

[40 CFR 60.42c (h), 40 CFR 60.48c (f) (1)] 

Recordkeeping and Reporting Requirements 

B.5. General Notification, Recordkeeping and Reporting Requirements. Emission unit 029 is subject to the 

requirements of 40 CFR 60.7 and 60.19 attached in the Appendices 8 and 9, respectively, and listed below 

[40 CFR 60.7 & 60.19] 

B.6. Reporting Period. The owner or operator subject to the fuel oil sulfur limit shall submit reports to the 

PPRAQD each six-month period. All reports shall be submitted to the PPRAQD and shall be postmarked by 

the 30th day following the end of the reporting period. In instances, where a unit combusts only natural gas, 

the affected unit may report excess emissions, or lack thereof, on an annual basis. 
TransMontaigne Port Everglades North Terminal Page 15 Permit No.: 0110069-019-AV 

[40 CFR 60.48c (d), (j), EPA Determination on Reduced Reporting Requirements for Small Clean Units 

Subject to Subpart Dc (September 9, 1996)] 

B.7. Fuel Records. The owner or operator shall keep records of fuel supplier certification to demonstrate 

compliance for distillate oil. Fuel supplier certification shall include the following information: (i) The 

name of the oil supplier; and (ii) A statement from the oil supplier that the oil complies with the 

specifications under the definition of distillate oil by the American Society for Testing and Materials in 

ASTM D396–78, 89, 90, 92, 96, or 98, ‘‘Standard Specification for Fuel Oils’’ 

In addition to records of fuel supplier certifications, the report shall include a certified statement signed 

by the owner or operator that the records of fuel supplier certifications submitted represent all of the fuel 

combusted during the reporting period. 

[40 CFR 60.48c (e) (11)] 

B.8. Fuel Records. The owner or operator shall record and maintain records of the amounts of each fuel 

combusted during each day for a period of two years following the date of such record. 

Alternatively (Approved by EPA). The requirement for maintaining daily records may be reduced to 

monthly providing: 

1. The only fuel used is natural gas, or fuel oil with sulfur content less than 0.5 % and compliance is 

demonstrated using supplier’s certifications. Documents may be in the form of fuel bills, meter 

readings, or other records that adequately document fuel usage. 

2. The owner or operator shall promptly notify PPRAQD of any anticipated and actual switches in fuel 

use. 

3. If the fuel oil sulfur content ever exceeds 0.5 %, the recordkeeping frequency will immediately 

revert to daily, in order to determine whether the 30-day rolling average sulfur content of the fuel 

exceed 0.5 %. 

[40 CFR 60.48c (g) and (i), EPA Determination on Reduced Record-keeping Requirements for Small Clean 

Units Subject to Subpart Dc (June 13, 1997)] 

Subsection C This section addresses the following emissions unit. 

E.U. ID No. Brief Description

-045 Marine Loading/Unloading and Vessel Bunkering 

 

Petroleum products loading operations at the Marine at Berth 6 consist of both controlled gasoline loading using a 

new VRU and uncontrolled loading of distillate. Loading berth means the loading arms, pumps, meters, shutoff 

valves, relief valves, and other piping and valves necessary to fill marine tank vessels. The loading berth includes 

those items necessary for an offshore loading terminal. 

{Permitting Note: (IMPORTANT REGULATORY CLASSIFICATIONS - This emission unit is regulated under 

NESHAP 40 CFR 63 Subpart Y. Compliance Assurance Monitoring (CAM) is required in accordance with 40 

CFR 64.)} 

Essential Potential to Emit (PTE) Parameters

C.1. Throughput. The products throughputs shall be less than 420 million gallons (10 million barrels) per year of 

gasoline and less than 500 million gallons of distillate, calculated on a twelve-month rolling average basis. 

[Rule 62-4.160(2), F.A.C. and Rule 62-210.200 (245), F.A.C., Definitions - (PTE); Construction Permit No. 

0110069-016-AC] 

{Permitting Note: (1) The applicant requested the throughput limit in order to be exempted from the 

Reasonably Available Control Technology (RACT) standards requirements of NESHAP 40 CFR 63 Subpart 

Y. (2) If TransMontaigne decides to ship load pure ethanol, TransMontaigne will then deduct the ethanol 

throughput from the permitted allowable gasoline throughput. } 
TransMontaigne Port Everglades North Terminal Page 16 Permit No.: 0110069-019-AV 

Emission Limitations and Standards

C.2. Loading Rack Emissions. Emissions to the atmosphere from the vapor collection and processing systems due 

to offshore loading of gasoline shall not exceed 35 milligrams of total organic compounds per liter of 

gasoline loaded. 

[Rule 62-4.070(3), F.A.C., Construction Permit No. 0110069-016-AC] 

{Permitting Note: The emission limit allows the emission unit to be exempted from the Maximum 

Achievable Control Technology (MACT) standards requirements of NESHAP 40 CFR 63 Subpart Y, and 

also serve to maintain the facility classification as a synthetic minor under the Prevention of Significant 

Deterioration (PSD) program.} 

Compliance Assurance Monitoring (CAM) 

C.3. Compliance Assurance Monitoring (CAM) Requirements. This emissions unit is subject to the CAM 

requirements contained in Appendix 1 of this permit. Failure to adhere to the monitoring requirements 

specified does not necessarily indicate an exceedance of a specific emissions limitation; however, it may 

constitute good reason to require compliance testing pursuant to Rule 62-297.310(7) (b), F.A.C. 

[40 CFR 64; Rules 62-204.800 (12) & 62-213.440(1) (b) 1.a., F.A.C.] 

Test Methods and Procedures 

C.4. General Performance Testing Requirements. Unless otherwise specified in the permit, the owner or operator 

shall comply with the general compliance test requirements of Rule 62-297.310, F.A.C. (see Appendix 7). 

C.5. Compliance Testing Frequency. During the 12-month period prior to renewal of the operation permit, the

owner or operator shall conduct formal compliance testing on the loading rack. The owner or operator shall 

also conduct compliance testing at such times when the PPRAQD, after investigation, has good reason to 

believe that any applicable emission standard of the loading rack is being violated 

[Rules 62-297.310 (7) (a) 3, 62-297.310(7) (b), & 62-4.070(3) F.A.C] 

C.6. Performance Test Requirements. The owner or operator shall meet the following requirements during the 

formal compliance testing of its VRU: 

(a) Monitor for Leakage of Vapor. Immediately before the performance test required to determine 

compliance with 40 CFR 60.502 (b) and (h), the owner or operator shall use Method 21 to monitor for 

leakage of vapor all potential sources in the terminal's vapor collection system equipment while loading 

gasoline. The owner or operator shall repair all leaks with readings greater than or equal to 100 percent 

of the LEL before conducting the performance test. 

 (b) The owner or operator shall determine compliance with the standards in 40 CFR 60.502 (b) as follows: 

(1) Test duration and gasoline loaded. The performance test shall be 6 hours long during which at least 

80,000 gallons (302,800 liters) of gasoline is loaded. If this is not possible, the test may be 

continued the same day until 80,000 gallons of gasoline is loaded or the test may be resumed the 

next day with another complete 6-hour period. For intermittent vapor processing systems, at least 

80,000 gallons of gasoline shall be loaded during the test and at least two full cycles of operation of 

the vapor processing system shall occur. 

(2) Emission rate computation. The emission rate (E) of VOC shall be computed using the following 

equation: 

 ∑( )

=

=

n

i

E K VesiCei L

1

6

10

 where: 

E = emission rate of VOC, mg/liter of gasoline loaded. 

Vesi = volume of air-vapor mixture exhausted at each interval "i", scm. 

Cei = concentration of VOC at each interval "i", ppm. 
TransMontaigne Port Everglades North Terminal Page 17 Permit No.: 0110069-019-AV 

L = total volume of gasoline loaded, liters. 

n = number of testing intervals. 

i = emission testing interval of 5 minutes. 

K = density of calibration gas, 1.83 x 10^6 for propane and 2.41 x 10^6 for butane, 

mg/scm. 

(3) Test interval. The performance test shall be conducted in intervals of 5 minutes. For each interval 

``i'', readings from each measurement shall be recorded, and the volume exhausted (Vesi) and the 

corresponding average VOC concentration (Cei) shall be determined. The sampling system response 

time shall be considered in determining the average VOC concentration corresponding to the volume 

exhausted. 

(4) Volume (Vesi) air-vapor mixture exhausted at each interval. Method 2A shall be used to determine 

Vesi: 

 (5) VOC concentration (Cei) at each interval. Method 25A or 25B shall be used for determining Cei. 

The calibration gas shall be either propane or butane. The owner or operator may exclude the methane 

and ethane content in the exhaust vent by any method (e.g., Method 18) approved by the 

Administrator. 

(6) Volume (L) of gasoline dispensed during the performance test period. To determine L at all loading 

racks whose vapor emissions are controlled by the processing system being tested, terminal records 

or readings from gasoline dispensing meters at each loading rack shall be used. 

 [Rules 62-296.510(4) (a), 62-296.510(4) (b), & 62-4.070(3) F.A.C.] 

Notification, Reporting and Recordkeeping Requirements 

C.7. Compliance Test Notification. The owner or operator shall notify PPRAQD at least fifteen (15) days prior to 

the date on which the formal compliance test is to begin, of the date, time and place of each such test, and 

the test contact person who will be responsible for coordinating and having such test conducted for the 

owners. 

[Rule 62-297.310 (1), F.A.C.] 

C.8. Compliance Test Report Submittal. The compliance test report shall be submitted to the PPRAQD as soon as 

practicable, but no later than 45 days after the last test is completed. 

[Rule 62-297.310 (2), F.A.C.] 

C.9. Throughput Records. The owner or operator shall maintain records and conduct monthly calculations of the 

throughput in gallons of petroleum products per year based on a twelve-month rolling average basis. 

[Rule 62-4.070(3), F.A.C.] 

C.10. HAP Recordkeeping. The owner or operator shall retain records of annual estimates of HAP emissions of 

commodities with vapor pressures greater or equal to 1.5 psia for 5 years. Emission estimates and emission 

factors shall be based on test data, or if test data is not available, shall be based on measurement or 

estimating techniques generally accepted in industry practice for operating conditions at the source. 

[40 CFR 63.560(a) (3), 40 CFR 63.567(j) (4), and 40 CFR 63.565(l)] 

Subsection D. This section addresses the following emissions unit. 

E.U. ID No. Brief Description

-038 Boiler No.1 

The boiler is rated at 8.4 MMBTU/hr, and uses natural gas or No. 2 fuel oil. 
TransMontaigne Port Everglades North Terminal Page 18 Permit No.: 0110069-019-AV 

{Permitting Note: (IMPORTANT REGULATORY CLASSIFICATIONS – This emission unit is subject to Rule 

62-296.406, F.A.C. Fossil Fuel Steam Generators with Less Than 250 Million Btu per Hour Heat Input, New and 

Existing Emissions Units. This emission unit is also subject to the FDEP’s BACT requirements.} 

Essential Potential to Emit (PTE) Parameters

D.1. Capacity. The rated capacity of the boiler is 8.375 MMBTU/hr. 

[Rule 62-4.160(2), F.A.C. and Rule 62-210.200 (245), F.A.C., Definitions - (PTE)] 

D.2. Hours of Operation. This emissions unit is allowed to operate 8,760 hours/year while using natural gas or 

fuel oil with sulfur content less than or equal to 0.05 percent by weight. The hours of operation is limited to 

400 hours /year while using fuel with sulfur content greater than 0.05 % and less than or equal to 0.5 % by 

weight . 

[Rule 62-210.200 (245) F.A.C (PTE), BACT Determination for Small Boiler by FDEP, dated September 28, 

1998] 

Emission Limitations and Standards

D.3. Visible Emissions (VE). VE emissions shall not exceed 20 percent opacity except for one six-minute period 

per hour during which opacity shall not exceed 27 percent. 

[Rule 62-296.406(1), F.A.C] 

D.4. Particulate Matter (PM) and Sulfur Dioxide (SO2) Emissions. To minimize PM and SO2 emissions, the 

boiler is permitted to fire fuel oil with sulfur content greater than 0.05% and less than or equal to 0.5% sulfur 

(wt.) for up to 400 hours per year when natural gas is unavailable. 

[Rule 62-296.406(2), (3), F.A.C, BACT Determination for Small Boiler by FDEP, dated September 28, 

1998] 

Test Methods and Procedures

D.5. V.E. Testing. During each federal fiscal year (October 1 – September 30), the owner or operator shall 

conduct formal compliance tests for VE using DEP Method 9. Opacity observations shall be made and 

recorded by a certified observer at sequential fifteen second intervals for at least 60 minutes. Separate tests 

shall be conducted using fuel oil and natural gas. 

[Rule 62-297.310(7) (a) 4 a, 62-297.401(9) (c) 1, 62-4.070 (3) and 62-297.310(4) (a) 2, F.A.C.]

D.6. Operating Rate during Testing. Testing of emissions should be conducted using the fuel inputs which are 

expected to result in the highest emissions and at 90-100% of the maximum operating rate. If a source is not 

tested at 90-100% of this capacity, the source may not be operated above 110% of the test load until a new 

test showing compliance is conducted. Once the unit is so limited, then operation at higher capacities is 

allowed for no more than 15 consecutive days for the purposes of additional compliance testing to regain the 

permitted capacity in the permit. 

[Rule 62-297.310(2), F.A.C.] 

D.7. Fuel Oil Sulfur Content. The owner or operator shall determine the sulfur content of the fuel oil using 

certification from the fuel supplier that include: (i) The name of the oil supplier; and (ii) A statement from 

the oil supplier that the oil complies with the specifications under the definition of distillate oil by the 

American Society for Testing and Materials in ASTM D396–78, 89, 90, 92, 96, or 98, ‘‘Standard 

Specification for Fuel Oils’’ 

[Rule 62-4.070 (3)] 

Recordkeeping and Reporting Requirements. 
TransMontaigne Port Everglades North Terminal Page 19 Permit No.: 0110069-019-AV 

D.8. Fuel Usage Records. The owner or operator shall keep records of the amount and type of fuel use for firing 

the boiler each month. The owner or operator shall also record the total hours of operating the boiler on fuel 

oil with sulfur content greater than 0.05 % and less than or equal to 0.5 % for the previous 12 months. 

Records of the sulfur content of fuel oil shall be kept and maintained on site for a period of no less than five 

years. 

[Rule 62-4.070 (3)] 

D.9. Notification of Test Date. The owner or operator shall notify PPRAQD at least fifteen (15) days before the 

date of the VE testing of the boiler of the date, time and place of the testing , and the test contact person who 

will be responsible for coordinating the testing. 

[Rule 62-297.310(7) (a) 9, F.A.C.] 

D.10. Submittal of Test Results. The owner or operator shall submit the VE test results to PPRAQD as soon as 

practical, but no later than 45 days after the test is completed. 

[Rule 62-297.310(8) (b), F.A.C.] 

Subsection E. This section addresses the following emissions unit. 

E.U. ID Brief Description

-033 Petroleum Products Storage Tanks – Fixed Roof 

This emission unit consists of fixed roof tanks that store petroleum products with relatively low vapor pressure 

(e.g. distillates, asphalt /No. 6 fuel oil). 

Essential Potential to Emit (PTE) Parameters

E.1. (a) Capacity 

Tanks constructed prior Tanks constructed after 

to July 23, 1984 to July 23, 1984

Tank No. Capacity

Max. True Vapor 

Pressure (TVP) Tank No. Capacity

Max. True Vapor 

Pressure (TVP)

(bbl) Psia (Kpa) (bbl) Psia (Kpa)

201 80,080 1.5 (10.3) 228 705 2.2 (15) 

202 79,499 1.5 (10.3) 230 6,842 0.5 (3.5) 

204 15,053 1.5 (10.3) 

205 91,877 1.5 (10.3) 

208 80,788 1.5 (10.3) 

209 56,086 1.5 (10.3) 

210 20,013 1.5 (10.3) 

211 53,713 1.5 (10.3) 

225 5,130 1.5 (10.3) 

226 18,521 1.5 (10.3) 

227 411 1.5 (10.3) 

229 7,408 1.5 (10.3) 

231 442 1.5 (10.3) 

The owner or operator shall store only products with maximum true vapor pressure (TVP) less than the 

maximum values shown in the table above. 

(b) Throughput. The facility wide throughput shall not exceed 500,000,000 gallons per year of Distillates 

and 100,000,000 gallons of Crude Oil, calculated on a twelve-month rolling average basis. 
TransMontaigne Port Everglades North Terminal Page 20 Permit No.: 0110069-019-AV 

[Rules 62-210.200 (318), F.A.C. (TVP definition); Rule 62-296.508(1) and 40 CFR 60.110b(b) (product 

content); Rule 62-210.200 (245), F.A.C. (throughput limit -PTE),] 

{Permitting Note: Vapor pressures restriction allows exemption from the controls requirement of 40 CFR 60, 

Subpart Kb, and the Florida RACT regulations} 

Recordkeeping and Reporting Requirements 

E.2. Products Content and Throughput. The owner or operator shall keep records of TVP and throughputs of 

products for the previous 12 months along with the total products throughput for the previous 12 months. 

[Rule 62-4.070(3) F.A.C.] 

Subsection F. This section addresses the following emissions unit. 

E.U. ID No. Brief Description

 -040 Internal (IFR)/Domed External Floating Roof (DEFR) Petroleum Products Storage Tanks 

This emission unit consists of petroleum products storage tanks that stores gasoline or products with vapor 

pressure (TVP) less than the vapor pressure of gasoline. 

{Permitting Note: (IMPORTANT REGULATORY CLASSIFICATION - This emission unit is regulated under 

Subpart R – National Emissions Standards for Gasoline Distribution Terminals, and RACT 62-296.508 F.A.C.} 

The following specific conditions apply to the emissions unit listed above: 

Essential Potential to Emit (PTE) Parameters

F.1. (a) Capacity. The tanks listed below have the following capacities: 

Tank 

No. 

Volume 

(BBL) 

Primary Seal Secondary Seal

203 29,110 Mechanical Shoe Rim-mounted 

207 64,811 Mechanical Shoe Rim-mounted 

212 51,303 Mechanical Shoe Rim-mounted 

213 53,349 Mechanical Shoe Rim-mounted 

214 53,365 Mechanical Shoe Rim-mounted 

215 79,187 Mechanical Shoe Rim-mounted 

216 79,503 Mechanical Shoe Rim-mounted 

217 80,565 Mechanical Shoe Rim-mounted 

218 78,922 Mechanical Shoe Rim-mounted 

220 39,455 Vapor-mounted Vapor-mounted 

223 117,876 Mechanical Shoe Rim-mounted 

 

(b) Throughput. The facility wide throughput shall not exceed: (1) 500,000,000 gallons per year of gasoline 

and ethanol, (2) 500,000,000 gallons per year of distillates, and (3) 100,000,000 gallons per year of 

crude oil, calculated on a twelve-month rolling average basis. 

[Rule 62-4.160(2), F.A.C. and Rule 62-210.200 (245), F.A.C., Definitions - (PTE), PTE Calculations 

received May 17, 2004] 

{Permitting Note: The throughput limit serves to provide assurance that the facility would maintain its 

classification as a synthetic minor under the Prevention of Significant Deterioration (PSD) program.} 

Emission Limitations and Standards
TransMontaigne Port Everglades North Terminal Page 21 Permit No.: 0110069-019-AV 

F.2. Tanks Design – Subpart R Requirements 

The tanks shall comply with the following: 

(i) The floating roof (FR) shall rest or float on the liquid surface (but not necessarily in complete contact with 

it) inside a storage vessel that has a fixed roof. The floating roof shall be floating on the liquid surface at 

all times, except during initial fill and during those intervals when the storage vessel is completely 

emptied or subsequently emptied and refilled. When the roof is resting on the leg supports, the process of 

filling, emptying, or refilling shall be continuous and shall be accomplished as rapidly as possible. 

(ii) Each floating roof shall be equipped with one of the following closure devices between the wall of the 

storage vessel and the edge of the internal floating roof: 

(A) A foam- or liquid-filled seal mounted in contact with the liquid (liquid-mounted seal). A liquidmounted seal means a foam- or liquid-filled seal mounted in contact with the liquid between the 

wall of the storage vessel and the floating roof continuously around the circumference of the tank. 

(B) Two seals. Two seals mounted one above the other so that each forms a continuous closure that 

completely covers the space between the wall of the storage vessel and the edge of the internal 

floating roof. The lower seal may be vapor-mounted, but both must be continuous. 

(C) A mechanical shoe seal. A mechanical shoe seal is a metal sheet held vertically against the wall of 

the storage vessel by springs or weighted levers and is connected by braces to the floating roof. A 

flexible coated fabric (envelope) spans the annular space between the metal sheet and the floating 

roof. 

(iii) Each opening in a noncontact internal floating roof except for automatic bleeder vents (vacuum breaker 

vents) and the rim space vents is to provide a projection below the liquid surface 

[40 CFR 63.423(a)] 

F.3. Tanks Design– RACT Requirements 

(a) [Blank] 

(b) The tanks shall be maintained such that there are no visible holes, tears, or other openings in the seal or 

any seal fabric or materials; and, 

(c) All openings, except stub drains shall be equipped with covers, lids, or seals such that: 

1. The cover, lid, or seal is in the closed position at all times except on demand for sampling, 

maintenance, repair, or necessary operational practices; and, 

2. Automatic bleeder vents are closed at all times except when the roof is floated off or landed on the 

roof leg supports; and, 

3. Rim vents, if provided, are set to open when the roof is being floated off the roof leg supports or at the 

manufacturer’s recommended setting. 

[Rule 62-296.508(2) F.A.C.] 

Test Methods and Procedures

F.4. Inspection and Notification Procedures. The owner or operator shall conduct the following inspection and 

notification procedures: 

(1) Prior to initial fill. Visually inspect the floating roof, the primary seal, and the secondary seal, prior to 

filling the storage vessel with Volatile Organic Liquid (VOL). If there are holes, tears, or other 

openings in the primary seal, the secondary seal, or the seal fabric or defects in the floating roof, or 

both, the owner or operator shall repair the items before filling the storage vessel. 

(2) (i) Inspection at least once every 12 months after initial fill. Visually inspect the floating roof and the 

primary seal or the secondary seal through manholes and roof hatches on the fixed roof. If the 

internal floating roof is not resting on the surface of the VOL inside the storage vessel, or there is 

liquid accumulated on the roof, or the seal is detached, or there are holes or tears in the seal fabric, 

the owner or operator shall repair the items or empty and remove the storage vessel from service 

within 45 days. If a failure that is detected during inspections required in this paragraph cannot be 

repaired within 45 days and if the vessel cannot be emptied within 45 days, a 30-day extension may 

be requested from the administrator in the inspection report required in 40 CFR 60.115b(a) (3). Such 
TransMontaigne Port Everglades North Terminal Page 22 Permit No.: 0110069-019-AV 

a request for an extension must document that alternate storage capacity is unavailable and specify a 

schedule of actions the company will take that will assure that the control equipment will be repaired 

or the vessel will be emptied as soon as possible. 

(3) For vessels equipped with a double-seal system (i.e. two seals mounted one above the other so that each 

forms a continuous closure that completely covers the space between the wall of the storage vessel and 

the edge of the floating roof. The lower seal may be vapor-mounted, but both must be continuous) 

(i) Visually inspect the vessel as specified in paragraph (4) of this section at least every 5 years; or 

(ii) Visually inspect the vessel as specified in paragraph (2) of this section. 

(4) Inspection at least every 10 years. After the tank is emptied and degassed, visually inspect the floating 

roof, the primary seal, the secondary seal, gaskets, slotted membranes and sleeves. If the floating roof 

has defects, the primary seal has holes, tears, or other openings in the seal or the seal fabric, or the 

secondary seal has holes, tears, or other openings in the seal or the seal fabric, or the gaskets no longer 

close off the liquid surfaces from the atmosphere, or the slotted membrane has more than 10 percent 

open area, the owner or operator shall repair the items as necessary so that none of the conditions 

specified in this paragraph exist before refilling the storage vessel with VOL. 

(5) Notification prior to the initial filling tanks after installing floating roofs or refilling tanks after emptied 

and degassed. Notify the PPRAQD in writing at least 30 days prior to the filling or refilling of each 

storage vessel for which an inspection is required by paragraphs (1) and (4) of this section to afford the 

PPRAQD the opportunity to have an observer present. If the inspection required by paragraph (4) of this 

section is not planned and the owner or operator could not have known about the inspection 30 days in 

advance or refilling the tank, the owner or operator shall notify the PPRAQD at least 7 days prior to the 

refilling of the storage vessel. Notification shall be made by telephone immediately followed by written 

documentation demonstrating why the inspection was unplanned. Alternatively, this notification 

including the written documentation may be made in writing and sent by express mail so that it is 

received by the PPRAQD at least 7 days prior to the refilling. 

[40 CFR 63.425(d), 40 CFR 60.113b (a)] 

Recordkeeping and Reporting Requirements

F.6. Throughput. The owner or operator shall keep records on the throughput of products in gallons per year 

based on a twelve-month rolling average basis. 

[Rule 62-4.070(3) F.A.C.] 

F.7. Tanks Records. The owner or operator shall maintain the following records: 

(a) Tank Construction Details. For the life of the source, the owner or operator shall keep readily accessible 

records showing the dimension of the storage vessel and an analysis showing the capacity of the storage 

vessel. 

(b) Tank Contents. For at least 5 years, the owner or operator shall maintain a record of the volatile organic 

liquid (VOL) stored, the period of storage, and the maximum true vapor pressure of that VOL. 

(c) Vapor Pressure Estimation. Available data on the storage temperature may be used to determine the 

maximum true vapor pressure as determined below: 

(1) For vessels operated above or below ambient temperatures, the maximum true vapor pressure is 

calculated based upon the highest expected calendar-month average of the storage temperature. 

For vessels operated at ambient temperatures, the maximum true vapor pressure is calculated based 

upon the maximum local monthly average ambient temperature as reported by the National 

Weather Service. 

(2) For crude oil or refined petroleum products the vapor pressure may be obtained by the following: 

(i) Available data on the Reid vapor pressure and the maximum expected storage temperature 

based on the highest expected calendar-month average temperature of the stored product may 

be used to determine the maximum true vapor pressure from nomographs contained in API 

Bulletin 2517 (incorporated by reference - see 40 CFR 60.17), unless the PPRAQD specifically 
TransMontaigne Port Everglades North Terminal Page 23 Permit No.: 0110069-019-AV 

requests that the liquid be sampled, the actual storage temperature determined, and the Reid 

vapor pressure determined from the sample(s). 

(ii) The true vapor pressure of each type of crude oil with a Reid vapor pressure less than 13.8 kPa 

(2.00 psi)or with physical properties that preclude determination by the recommended method 

is to be determined from available data and recorded if the estimated maximum true vapor 

pressure is greater than 3.5 kPa (1.0160 psi). 

(3) For other liquids, the vapor pressure: 

(i) May be obtained from standard reference texts, or 

(ii) Determined by ASTM Method D2879-83 (incorporated by reference - see 40 CFR 60.17); or 

(iii) Measured by an appropriate method approved by the Administrator; or 

(iv) Calculated by an appropriate method approved by the Administrator. 

[40 CFR 63.427 (c), 40 CFR 60.116b] 

F.8. Seal Gap Records and Reports. For at least 5 years, the owner or operator shall keep records and furnish the 

following reports: 

(a) Records of each Seal Gap Measurement. Each record shall identify the storage vessel in which the 

measurement was performed and shall contain: (i) The date of measurement, (ii) The raw data obtained 

in the measurement, and (iii) Required calculations. 

(b) Non-compliance Report. After each seal gap measurement that detects gaps exceeding the limitations, 

submit a report to the Administrator within 30 days of the inspection. The report will identify the vessel 

and contain the information on (i) The date of measurement, (ii) The raw data obtained in the 

measurement, (iii) Required calculations, (iv) The date the vessel was emptied or the repairs made, and 

(v) The date of repair. 

[40 CFR 63.428 (d), 40 CFR 60.115b] 

Subsection G. This section addresses the following emissions unit. 

E.U. ID No. Brief Description

 -044 External Floating Roof (EFR) Storage Tanks 

{Permitting Note: (IMPORTANT REGULATORY CLASSIFICATION - This emission unit is regulated under 

Rule 62-296.516 F.A.C., Reasonably Available Control Technology - Petroleum Liquid Storage Tanks equipped 

with EFR, and NESHAP 40 CFR 63 Subpart R} 

Essential Potential to Emit (PTE) Parameters

G.1. (a) Capacity. The tanks listed below have the following capacities: 

Tank 

No. 

Volume 

(BBL) 

Primary Seal Secondary Seal

219 80,369 Mechanical Shoe Rim-mounted 

224 118,549 Mechanical Shoe Rim-mounted 

(b) Throughput. The facility wide throughput shall not exceed: (1) 500,000,000 gallons per year of gasoline 

and ethanol, (2) 500,000,000 gallons per year of distillates, and (3) 100,000,000 gallons per year of 

crude oil, calculated on a twelve-month rolling average basis. 

[Rule 62-4.160(2), F.A.C. and Rule 62-210.200 (245), F.A.C., Definitions - (PTE)] 

{Permitting Note: The throughput limit serves to provide assurance that the facility would maintain its 

classification as a synthetic minor under the Prevention of Significant Deterioration (PSD) program.} 

Emission Limitations and Standards

G.2. Tanks Design – Subpart R Requirements 
TransMontaigne Port Everglades North Terminal Page 24 Permit No.: 0110069-019-AV 

(1) The tanks shall comply with the following: 

(i) The floating roof shall rest or float on the liquid surface (but not necessarily in complete contact with 

it) inside a storage vessel that has a fixed roof. The floating roof shall be floating on the liquid 

surface at all times, except during initial fill and during those intervals when the storage vessel is 

completely emptied or subsequently emptied and refilled. When the roof is resting on the leg 

supports, the process of filling, emptying, or refilling shall be continuous and shall be accomplished 

as rapidly as possible. 

(ii) Each floating roof shall be equipped with one of the following closure devices between the wall of 

the storage vessel and the edge of the internal floating roof: 

(A) A foam- or liquid-filled seal mounted in contact with the liquid (liquid-mounted seal). A liquidmounted seal means a foam- or liquid-filled seal mounted in contact with the liquid between the 

wall of the storage vessel and the floating roof continuously around the circumference of the 

tank. 

(B) Two seals. Two seals mounted one above the other so that each forms a continuous closure that 

completely covers the space between the wall of the storage vessel and the edge of the internal 

floating roof. The lower seal may be vapor-mounted, but both must be continuous. 

(C) A mechanical shoe seal. A mechanical shoe seal is a metal sheet held vertically against the wall 

of the storage vessel by springs or weighted levers and is connected by braces to the floating 

roof. A flexible coated fabric (envelope) spans the annular space between the metal sheet and 

the floating roof. 

(iii) Each opening in a noncontact floating roof except for automatic bleeder vents (vacuum breaker 

vents) and the rim space vents is to provide a projection below the liquid surface with a slotted 

membrane fabric cover that covers at least 90 percent of the area of the opening. 

[40 CFR 63.423 (b)] 

G.3. Tanks Design– RACT Requirements. The tanks shall comply with the following: 

(1) [Blank] 

(2) All seal closure devices meet the following requirements: 

a. The seal(s) are intact and uniformly in place around the circumference of the floating roof between 

the floating roof and the tank wall; and, 

b. There are no visible holes, tears, or other openings in the seal(s) or seal fabric; and, 

(3) All openings in the external floating roof, except for automatic bleeder vents, rim space vents, and leg 

sleeves, are: 

a. Equipped with covers, seals, or lids in the closed position except when the openings are in actual 

use; and, 

b. Equipped with projections in the tank which remain below the liquid surface at all times. 

(4) Automatic bleeder vents are closed at all times except when the roof is floating off or landed on the roof 

leg supports; and, 

(5) Rim vents are set to open when the roof is being floated off the leg supports or at the manufacturer's 

recommended setting; and, 

(6) Emergency roof drains are provided with slotted membrane fabric covers or equivalent covers which 

cover at least 90 percent of the area of the opening. 

[Rule 62-296.516, F.A.C] 

Test Methods and Procedures

G.4. Seal Gap Measurement Frequency and Notification. The owner or operator shall determine the gap areas and 

maximum gap widths, between the primary seal and the wall of the storage vessel and between the secondary 

seal and the wall of the storage vessel according to the following frequency. 

(i) Measurements of gaps between the tank wall and the primary seal (seal gaps) shall be performed during 

the hydrostatic testing of the vessel or within 60 days of the initial fill with (volatile organic liquid) VOL 

and at least once every 5 years thereafter. 
TransMontaigne Port Everglades North Terminal Page 25 Permit No.: 0110069-019-AV 

(ii) Measurements of gaps between the tank wall and the secondary seal shall be performed within 60 days of 

the initial fill with VOL and at least once per year thereafter. 

(iii) If any source ceases to store VOL for a period of 1 year or more, subsequent introduction of VOL into 

the vessel shall be considered an initial fill for the purposes of paragraphs (i) and (ii) of this section. 

The owner or operator shall notify the PPRAQD 30 days in advance of any gap measurements to afford the 

Administrator the opportunity to have an observer present. 

[40 CFR 63.425 (d), 40 CFR 60.113b (b) (1), (5)] 

G.5. Seal Gap Measurement Method. The owner or operator shall determine gap widths and areas in the primary 

and secondary seals individually by the following procedures: 

(i) Measure seal gaps, if any, at one or more floating roof levels when the roof is floating off the roof leg 

supports. 

(ii) Measure seal gaps around the entire circumference of the tank in each place where a 0.32-cm diameter 

uniform probe passes freely (without forcing or binding against seal) between the seal and the wall of the 

storage vessel and measure the circumferential distance of each such location. 

(iii) The total surface area of each gap described in paragraph (ii) of this section shall be determined by using 

probes of various widths to measure accurately the actual distance from the tank wall to the seal and 

multiplying each such width by its respective circumferential distance. 

The owner or operator shall determine the ratio of the accumulated area of gaps to the nominal diameter of 

the tank by adding the gap surface area of each gap location for the primary seal and the secondary seal 

individually and divide the sum for each seal by the nominal diameter of the tank. 

[40 CFR 63.425 (d), 40 CFR 60.113b (b) (2), (3)] 

G.6. Seal Repair Requirements. The owner or operator shall make necessary repairs or empty the storage vessel 

within 45 days of identification in any inspection for seals not meeting the following requirements: 

(i) The accumulated area of gaps between the tank wall and the mechanical shoe or liquid-mounted primary 

seal shall not exceed 212 Cm2 per meter of tank diameter, and the width of any portion of any gap shall 

not exceed 3.81 cm. 

(A) One end of the mechanical shoe is to extend into the stored liquid, and the other end is to extend a 

minimum vertical distance of 61 cm above the stored liquid surface. 

(B) There are to be no holes, tears, or other openings in the shoe, seal fabric, or seal envelope. 

(ii) The secondary seal is to meet the following requirements: 

(A) The secondary seal is to be installed above the primary seal so that it completely covers the space 

between the roof edge and the tank wall. 

(B) The accumulated area of gaps between the tank wall and the secondary seal shall not exceed 21.2 

cm2 per meter of tank diameter, and the width of any portion of any gap shall not exceed 1.27 cm.

(C) There are to be no holes, tears, or other openings in the seal or seal fabric. 

(iii) If a failure that is detected during inspections cannot be repaired within 45 days and if the vessel cannot 

be emptied within 45 days, a 30-day extension may be requested from the PPRAQD in the inspection 

report (see Condition G.10.). Such extension request must include a demonstration of unavailability of 

alternate storage capacity and a specification of a schedule that will assure that the control equipment 

will be repaired or the vessel will be emptied as soon as possible. 

[40 CFR 63.425 (d)] 

G.7. Seal Visual Inspection Frequency and Notification. 

(1) The owner or operator shall visually inspect the external floating roof, the primary seal, secondary seal, 

and fittings each time the vessel is emptied and degassed. 

(2) The owner or operator shall notify the PPRAQD in writing at least 30 days prior to the filling or refilling 

of each storage vessel to afford the PPRAQD the opportunity to inspect the storage vessel prior to 

refilling. 
TransMontaigne Port Everglades North Terminal Page 26 Permit No.: 0110069-019-AV 

 If the inspection required is not planned and the owner or operator could not have known about 

the inspection 30 days in advance of refilling the tank, the owner or operator shall notify the PPRAQD at 

least 7 days prior to the refilling of the storage vessel. 

Notification shall be made by telephone immediately followed by written documentation 

demonstrating why the inspection was unplanned. Alternatively, this notification including the written 

documentation may be made in writing and sent by express mail so that it is received by the PPRAQD at 

least 7 days prior to the refilling. 

(3) The owner or operator shall conduct necessary repairs before filling or refilling the storage vessel with 

VOL. Repairs are required if the external floating roof has defects, the primary seal has holes, tears, or 

other openings in the seal or the seal fabric, or the secondary seal has holes, tears, or other openings in 

the seal or the seal fabric. 

[40 CFR 63.425 (d)] 

Recordkeeping and Reporting Requirements

G.8. Throughput. The owner or operator shall keep records on the throughput of products in gallons per year 

based on a twelve-month rolling average basis. 

[Rule 62-4.070(3) F.A.C.] 

G.9. Products Storage

(a) For the life of the source, the owner or operator shall keep readily accessible records showing the 

dimension of the storage vessel and an analysis showing the capacity of the storage vessel. 

(b) For at least 5 years, the owner or operator shall maintain a record of the volatile organic liquid (VOL) 

stored, the period of storage, and the maximum true vapor pressure of that VOL. 

(c) Available data on the storage temperature may be used to determine the maximum true vapor pressure as 

determined below: 

(1) For vessels operated above or below ambient temperatures, the maximum true vapor pressure is 

calculated based upon the highest expected calendar-month average of the storage temperature. For 

vessels operated at ambient temperatures, the maximum true vapor pressure is calculated based 

upon the maximum local monthly average ambient temperature as reported by the National Weather 

Service. 

(2) For crude oil or refined petroleum products the vapor pressure may be obtained by the following: 

(i) Available data on the Reid vapor pressure and the maximum expected storage temperature 

based on the highest expected calendar-month average temperature of the stored product may 

be used to determine the maximum true vapor pressure from nomographs contained in API 

Bulletin 2517 (incorporated by reference -- see 40 CFR 60.17), unless the PPRAQD specifically 

requests that the liquid be sampled, the actual storage temperature determined, and the Reid 

vapor pressure determined from the sample(s). 

(ii) The true vapor pressure of each type of crude oil with a Reid vapor pressure less than 13.8 kPa 

(2.00 psi) or with physical properties that preclude determination by the recommended method 

is to be determined from available data and recorded if the estimated maximum true vapor 

pressure is greater than 3.5 kPa (1.0160 psi). 

(3) For other liquids, the vapor pressure: 

(i) May be obtained from standard reference texts, or 

(ii) Determined by ASTM Method D2879-83 (incorporated by reference - see 40 CFR 60.17); or 

(iii) Measured by an appropriate method approved by the PPRAQD; or 

(iv) Calculated by an appropriate method approved by the PPRAQD. 

[40 CFR 63.427 (c)] 

G.10. Seal Gap Records and Reports. For at least 5 years, the owner or operator shall keep records and furnish the 

following reports: 
TransMontaigne Port Everglades North Terminal Page 27 Permit No.: 0110069-019-AV 

(a) Records of each Seal Gap Measurement. Each record shall identify the storage vessel in which the 

measurement was performed and shall contain: (i) The date of measurement, (ii) The raw data obtained 

in the measurement, and (iii) Required calculations. 

(b) Non-compliance Report. After each seal gap measurement that detects gaps exceeding the limitations, 

submit a report to the PPRAQD within 30 days of the inspection. The report will identify the vessel 

and contain the information on (i) The date of measurement, (ii) The raw data obtained in the 

measurement, (iii) Required calculations, (iv) The date the vessel was emptied or the repairs made, and 

(v) The date of repair. 

[40 CFR 63.428 (d)] 

Subsection H. This section addresses the following emissions unit. 

E.U. ID No. Brief Description

 -013 Fugitive VOC Sources 

This emission unit includes fugitive VOC emissions from equipment leaks, asphalt loading rack, and top loading 

rack for No 2 and No 6 fuel oil. Equipment means each valve, pump, pressure relief device, sampling connection 

system, open-ended valve or line, and flange or other connector in the gasoline liquid transfer and vapor collection 

systems. This definition also includes the entire vapor processing system except the exhaust port(s) or stack(s). 

{Permitting Note: (IMPORTANT REGULATORY CLASSIFICATION - The equipment leaks are regulated under 

Rule 62-204.800(11) (b) 11 F.A.C. which adopts by reference 40 CFR 63, Subpart R, Gasoline Distribution 

Facilities. Asphalt, No 2 and No 6 fuel oil loading operations are addressed by Broward County Ordinance.)} 

The following specific conditions apply to the emissions unit listed above: 

Emission Limitations and Standards 

H.1. [Not federally enforceable] Uncontrolled Loading. Total organic compounds vapors displaced from tank 

trucks during loading of Asphalt, No 2 and No 6 fuel oil shall be directed to a vapor processing system, 

unless the owners or operator can demonstrate as a practical matter that the tank trucks being loaded do not 

contain gasoline vapors. 

[Broward County Code, Sec. 27-177(f)] 

H.2. Equipment in Gasoline Service – General Handling. The owners or operators shall not allow gasoline to be 

handled in a manner that would result in vapor releases to the atmosphere for extended periods of time. 

Measures to be taken include, but are not limited to, the following: 

(1) Minimize gasoline spills; 

(2) Clean up spills as expeditiously as practicable; 

(3) Cover all open gasoline containers with a gasketed seal when not in use; 

(4) Minimize gasoline sent to open waste collection systems that collect and transport gasoline to 

reclamation and recycling devices, such as oil/water separators. 

[40 CFR 63.424(g)] 

H.3. Equipment in Gasoline Service - Leaks. 

(a) Frequency of Leak Inspection. The owner or operator shall perform a monthly leak inspection of all 

equipment in gasoline service. For this inspection, detection methods incorporating sight, sound, and 

smell are acceptable. Each piece of equipment shall be inspected during the loading of a gasoline cargo 

tank. 

(b) Leak Records. A log book shall be used and shall be signed by the owner or operator at the completion 

of each inspection. A section of the log shall contain a list, summary description, or diagram(s) showing 

the location of all equipment in gasoline service at the facility. 
TransMontaigne Port Everglades North Terminal Page 28 Permit No.: 0110069-019-AV 

(c) Leak Repair. Each detection of a liquid or vapor leak shall be recorded in the logbook. When a leak is 

detected, an initial attempt at repair shall be made as soon as practicable, but no later than 5 calendar 

days after the leak is detected. Repair or replacement of leaking equipment shall be completed within 15 

calendar days after detection of each leak, except as provided in paragraph (d) of this section. 

(d) Delays. Delay of repair of leaking equipment will be allowed upon a demonstration to the PPRAQD that 

repair within 15 days is not feasible. The owner or operator shall provide the reason(s) a delay is needed 

and the date by which each repair is expected to be completed. 

(e) [Blank] 

(f) Alternative Compliance Option. As an alternative to compliance with the provisions in paragraphs (a) 

through (d) of this section, the owner or operator may implement an instrument leak monitoring program 

that has been demonstrated to the PPRAQD as at least equivalent. 

[40 CFR 63.424(a), (b), (c), (d), and (f)] 

Monitoring 

H.4. Uncontrolled Loading Rack Monitoring. A permanent vapor monitoring system installed on the uncontrolled 

loading rack shall automatically terminate the loading of Asphalt, No 2 or No 6 fuel oil if gasoline vapors are 

detected in the gasoline cargo tank being loaded. Maintenance records on the vapor monitoring system shall 

be kept on site for at least five years. 

[Rule 62-4.070(3), F.A.C., Letter from Applicant on “Fuel Oil/ High Sulfur Diesel Uncontrolled Loading 

Racks, dated April 6, 1999.] 

Notification, Recordkeeping and Reporting Requirements 

H.5. General Notification Requirements. Emission unit 013 is subject to the requirements of 40 CFR 63.9 attached 

in the Appendix 5, and listed below 

[40 CFR 63.9] 

H.6. General Recordkeeping and Reporting Requirements. Emission unit 013 is subject to the requirements of 40 

CFR 63.10 attached in the Appendix 6, and listed below. 

[40 CFR 63.10] 

H.7. Leak Inspection and Repair Log. The owner or operator shall maintain records the following information in 

the log book for each leak that is detected: 

(1) The equipment type and identification number; 

(2) The nature of the leak (i.e., vapor or liquid) and the method of detection (i.e., sight, sound, or smell); 

(3) The date the leak was detected and the date of each attempt to repair the leak;

(4) Repair methods applied in each attempt to repair the leak; 

(5) "Repair delayed" and the reason for the delay if the leak is not repaired within 15 calendar days after 

discovery of the leak; 

(6) The expected date of successful repair of the leak if the leak is not repaired within 15 days; and 

(7) The date of successful repair of the leak. 

[40 CFR 63.428(e)]

H.8. Equipment in Gasoline Service. The owner or operator shall report to the PPRAQD a description of the 

types, identification numbers, and locations of all equipment in gasoline service. For facilities electing to 

implement an instrument program under 40 CFR 63.424(f) (see, Condition H.3. (f)), the report shall contain 

a full description of the program. 

[40 CFR 63.428(f)] 

H.9. Excess Emissions Report. The owner or operator shall include the following information in the excess 

emissions report: 

(1) – (4) [Reserved] 
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(4) For each occurrence of an equipment leak for which no repair attempt was made within 5 days or for 

which repair was not completed within 15 days after detection: 

(i) The date on which the leak was detected; 

(ii) The date of each attempt to repair the leak; 

(iii) The reasons for the delay of repair; and 

(iv) The date of successful repair. 

[40 CFR 63.428(h)]
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Appendix 1 

Compliance Assurance Monitoring (CAM) Requirements

 Marine Petroleum Liquid Loading Rack with Carbon Adsorption 

Vapor Recovery Unit (MVRU) for Controlling VOC Emissions

Pursuant to Rule 62-213.440(1) (b)1.a., F.A.C., the CAM plans that are included in this appendix contain the 

monitoring requirements necessary to satisfy 40 CFR 64. Conditions 1. – 17. are generic conditions applicable to 

all emissions units that are subject to the CAM requirements. Specific requirements related to each emissions unit 

are contained in the attached tables, as submitted by the applicant and approved by the PPRAQD. 

40 CFR 64.6 Approval of Monitoring.

1. The attached CAM plan(s), as submitted by the applicant, is/are approved for the purposes of satisfying the 

requirements of 40 CFR 64.3. 

[40 CFR 64.6(a)] 

2. The attached CAM plan(s) include the following information: 

 (i) The indicator(s) to be monitored (such as temperature, pressure drop, emissions, or similar 

parameter); 

 (ii) The means or device to be used to measure the indicator(s) (such as temperature measurement 

device, visual observation, or CEMS); and 

(iii) The performance requirements established to satisfy 40 CFR 64.3(b) or (d), as applicable. 

[40 CFR 64.6(c) (1)] 

3. The attached CAM plan(s) describe the means by which the owner or operator will define an exceedance of the 

permitted limits or an excursion from the stated indicator ranges and averaging periods for purposes of 

responding to (see CAM Conditions 5. - 14.) and reporting exceedances or excursions (see CAM Conditions 

15. – 16.). 

[40 CFR 64.6(c) (2)] 

4. The owner or operator is required to conduct the monitoring specified in the attached CAM plan(s) and shall 

fulfill the obligations specified in the conditions below (see CAM Conditions 5. - 16.). 

[40 CFR 64.6(c) (3)] 

40 CFR 64.7 Operation of Approved Monitoring.

5. Commencement of operation. The owner or operator shall conduct the monitoring required under this 

appendix upon the effective date of this Title V permit. 

[40 CFR 64.7(a)] 

6. Proper maintenance. At all times, the owner or operator shall maintain the monitoring, including but not 

limited to, maintaining necessary parts for routine repairs of the monitoring equipment. 

[40 CFR 64.7(b)] 

7. Continued operation. Except for, as applicable, monitoring malfunctions, associated repairs, and required 

quality assurance or control activities (including, as applicable, calibration checks and required zero and span 

adjustments), the owner or operator shall conduct all monitoring in continuous operation (or shall collect data 

at all required intervals) at all times that the pollutant-specific emissions unit is operating. Data recorded 

during monitoring malfunctions, associated repairs, and required quality assurance or control activities shall 

not be used for purposes of this part, including data averages and calculations, or fulfilling a minimum data 

availability requirement, if applicable. The owner or operator shall use all the data collected during all other 
TransMontaigne Port Everglades North Terminal Page 31 Permit No.: 0110069-019-AV 

periods in assessing the operation of the control device and associated control system. A monitoring 

malfunction is any sudden, infrequent, not reasonably preventable failure of the monitoring to provide valid 

data. Monitoring failures that are caused in part by poor maintenance or careless operation are not 

malfunctions. 

[40 CFR 64.7(c)] 

8. Response to excursions or exceedances. 

a. Upon detecting an excursion or exceedance, the owner or operator shall restore operation of the 

pollutant-specific emissions unit (including the control device and associated capture system) to its normal 

or usual manner of operation as expeditiously as practicable in accordance with good air pollution control 

practices for minimizing emissions. The response shall include minimizing the period of any startup, 

shutdown or malfunction and taking any necessary corrective actions to restore normal operation and 

prevent the likely recurrence of the cause of an excursion or exceedance (other than those caused by 

excused startup or shutdown conditions, if allowed by this permit). Such actions may include initial 

inspection and evaluation, recording that operations returned to normal without operator action (such as 

through response by a computerized distribution control system), or any necessary follow-up actions to 

return operation to within the indicator range, designated condition, or below the applicable emission 

limitation or standard, as applicable. 

 b. Determination of whether the owner or operator has used acceptable procedures in response to an 

excursion or exceedance will be based on information available, which may include but is not limited to, 

monitoring results, review of operation and maintenance procedures and records, and inspection of the 

control device, associated capture system, and the process. 

[40 CFR 64.7(d) (1) & (2)] 

9. Documentation of need for improved monitoring. If the owner or operator identifies a failure to achieve 

compliance with an emission limitation or standard for which the approved monitoring did not provide an 

indication of an excursion or exceedance while providing valid data, or the results of compliance or 

performance testing document a need to modify the existing indicator ranges or designated conditions, the 

owner or operator shall promptly notify the permitting authority and, if necessary, submit a proposed 

modification to the Title V permit to address the necessary monitoring changes. Such a modification may 

include, but is not limited to, reestablishing indicator ranges or designated conditions, modifying the frequency 

of conducting monitoring and collecting data, or the monitoring of additional parameters. 

[40 CFR 64.7(e)] 

40 CFR 64.8 Quality Improvement Plan (QIP) Requirements.

10. Based on the results of a determination made under CAM Condition 8.b., above, the permitting authority may 

require the owner or operator to develop and implement a QIP. Consistent with CAM Condition 4., an 

accumulation of exceedances or excursions exceeding 5 percent duration of a pollutant-specific emissions 

unit's operating time for a reporting period, may require the implementation of a QIP. The threshold may be 

set at a higher or lower percent or may rely on other criteria for purposes of indicating whether a pollutantspecific emissions unit is being maintained and operated in a manner consistent with good air pollution control 

practices. 

[40 CFR 64.8(a)] 

11. Elements of a QIP: 

 a. The owner or operator shall maintain a written QIP, if required, and have it available for inspection. 

 b. The plan initially shall include procedures for evaluating the control performance problems and, based on 

the results of the evaluation procedures, the owner or operator shall modify the plan to include procedures for 

conducting one or more of the following actions, as appropriate: 

 (i) Improved preventive maintenance practices. 

 (ii) Process operation changes. 
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 (iii) Appropriate improvements to control methods. 

 (iv) Other steps appropriate to correct control performance. 

 (v) More frequent or improved monitoring (only in conjunction with one or more steps under 

CAM Condition 11.b(i) through (iv), above). 

[40 CFR 64.8(b)] 

12. If a QIP is required, the owner or operator shall develop and implement a QIP as expeditiously as practicable 

and shall notify the permitting authority if the period for completing the improvements contained in the QIP 

exceeds 180 days from the date on which the need to implement the QIP was determined. 

[40 CFR 64.8(c)] 

13. Following implementation of a QIP, upon any subsequent determination pursuant to CAM Condition 8.b., the 

permitting authority may require that an owner or operator make reasonable changes to the QIP if the QIP is 

found to have: 

 a. Failed to address the cause of the control device performance problems; or 

 b. Failed to provide adequate procedures for correcting control device performance problems as 

expeditiously as practicable in accordance with good air pollution control practices for minimizing 

emissions. 

[40 CFR 64.8(d)] 

14. Implementation of a QIP shall not excuse the owner or operator of a source from compliance with any existing 

emission limitation or standard, or any existing monitoring, testing, reporting or recordkeeping requirement 

that may apply under federal, state, or local law, or any other applicable requirements under the Act. 

[40 CFR 64.8(e)] 

40 CFR 64.9 Reporting And Recordkeeping Requirements.

15. General reporting requirements. 

 a. Commencing from the effective date of this permit, the owner or operator shall submit monitoring 

reports semi-annually to the permitting authority in accordance with Rule 62-213.440(1) (b)3.a., F.A.C. 

b. A report for monitoring under this part shall include, at a minimum, the information required under 

Rule 62-213.440(1) (b)3.a., F.A.C., and the following information, as applicable: 

 (i) Summary information on the number, duration and cause (including unknown cause, if 

applicable) of excursions or exceedances, as applicable, and the corrective actions taken; 

 (ii) Summary information on the number, duration and cause (including unknown cause, if 

applicable) for monitor downtime incidents (other than downtime associated with zero and span or 

other daily calibration checks, if applicable); and 

 (iii) A description of the actions taken to implement a QIP during the reporting period as 

specified in CAM Conditions 10. through 14. Upon completion of a QIP, the owner or operator shall 

include in the next summary report documentation that the implementation of the plan has been 

completed and reduced the likelihood of similar levels of excursions or exceedances occurring. 

[40 CFR 64.9(a)] 

16. General recordkeeping requirements. 

 a. The owner or operator shall comply with the recordkeeping requirements specified in Rule 62-

213.440(1) (b)2., F.A.C. The owner or operator shall maintain records of monitoring data, monitor 

performance data, corrective actions taken, any written quality improvement plan required pursuant to 

CAM Conditions 10. through 14. and any activities undertaken to implement a quality improvement plan, 

and other supporting information required to be maintained under this part (such as data used to document 

the adequacy of monitoring, or records of monitoring maintenance or corrective actions). 

b. Instead of paper records, the owner or operator may maintain records on alternative media, such as 

microfilm, computer files, magnetic tape disks, or microfiche, provided that the use of such alternative 
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media allows for expeditious inspection and review, and does not conflict with other applicable 

recordkeeping requirements. 

[40 CFR 64.9(b)] 

40 CFR 64.10 Savings Provisions.

17. It should be noted that nothing in this appendix shall: 

 a. Excuse the owner or operator of a source from compliance with any existing emission limitation or 

standard, or any existing monitoring, testing, reporting or recordkeeping requirement that may apply under 

federal, state, or local law, or any other applicable requirements under the Act. The requirements of this 

appendix shall not be used to justify the approval of monitoring less stringent than the monitoring which is 

required under separate legal authority and are not intended to establish minimum requirements for the purpose 

of determining the monitoring to be imposed under separate authority under the Act, including monitoring in 

permits issued pursuant to title I of the Act. The purpose of this part is to require, as part of the issuance of a 

permit under Title V of the Act, improved or new monitoring at those emissions units where monitoring 

requirements do not exist or are inadequate to meet the requirements of this part. 

 b. Restrict or abrogate the authority of the administrator or the permitting authority to impose additional or 

more stringent monitoring, recordkeeping, testing, or reporting requirements on any owner or operator of a 

source under any provision of the Act, including but not limited to sections 114(a) (1) and 504(b), or state law, 

as applicable. 

c. Restrict or abrogate the authority of the administrator or permitting authority to take any enforcement action 

under the Act for any violation of an applicable requirement or of any person to take action under section 304 

of the Act. 

[40 CFR 64.10] 
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Emissions Unit 30 

Marine Petroleum Liquid Loading Rack with Carbon Adsorption 

Vapor Recovery Unit (MVRU) for Controlling VOC Emissions

TABLE 1.a: MONITORING APPROACH – VRU Indicator No 1 

 Indicator 1 

I. Parameter The vacuum pressure of the carbon bed during the regeneration cycle. 

 Measurement 

Approach 

An absolute pressure transmitter is installed at a representative location on 

the MVRU. The transmitter will continuously monitor the regeneration 

cycle vacuum pressure. 

II. Indicator Range An excursion is defined as when the vacuum gauge pressure recorded 

pressure transmitter does not reach 24.5 inches of mercury or greater during 

carbon bed regeneration. 

 Response to Excursion When an excursion occurs, an insufficient vacuum warning is generated for 

that bed, and generates a VRU fault at the DSU and the loading rack 

automatically shuts down. 

An excursion triggers an investigation, corrective action, and a reporting 

requirement. If the required corrective action cannot be conducted by 

onsite personnel, the contracted maintenance group will be notified of the 

incident within 24 hours and will be brought onsite as soon as possible. 

III Performance Criteria 

 A. Data 

Representativeness 

The pressure during the regeneration cycle is measured in the vacuum pump 

suction line. The minimum accuracy of the pressure transmitter is ±1.0 

percent. 

 B. Verification of 

Operational Status 

During formal compliance testing 

 C. QA/QC Practices and 

Criteria 

Pressure transmitter is calibrated annually. Alarm light operation is visually 

checked each day that an operator is on duty during normal working days. 

 

D. Monitoring Frequency The regeneration cycle vacuum is continuously monitored. The 

regeneration cycle chart and the alarm light are visually inspected, once per 

24 hour shift by the operator on duty. 

IV. Data Collection 

Procedures 

The data acquisition system (DAS) records the pressure profile during each 

regeneration cycle. The DAS also records when the interlock system shuts 

down the loading rack. 

 The operator on duty inspects and records the pressure profile during 

one regeneration cycle and the alarm light status per 24 hour shift. 

 Averaging Period N/A. 

 

TABLE 1.b: MONITORING APPROACH – VRU Indicator No 2 

 Indicator 2 

I. Parameter Documentation of inspection and maintenance program and annual carbon 

testing. 

 Measurement 

Approach 

Proper VRU operation is verified by performing periodic inspections, 

maintenance, and record keeping. 
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Daily checks and record keeping by the operator on duty include 

verification of gasoline flow, purge air flow, cycle time, valve timing, and 

operating temperatures. 

Annual testing of the carbon in each bed and related maintenance activities 

are performed by maintenance contractor. 

II. Indicator Range 

 An excursion is defined as a failure to perform or document periodic 

inspections, scheduled preventative maintenance, or biennial carbon testing; 

or if corrective action is not initiated within 24 hours of detection to correct 

any problems identified during the inspection, maintenance of the VRU or 

during the carbon testing. 

III Performance Criteria 

 A. Data 

Representativeness 

VRU operation verified visually by trained personnel using documented 

inspection and maintenance procedures. Representative carbon sample 

obtained from both carbon beds 

 Verification of 

Operational Status 

NA 

 QA/QC Practices and 

Criteria 

Operators are trained on inspection and maintenance procedures. 

 Monitoring Frequency Contract maintenance group performs quarterly scheduled maintenance. 

Biennial carbon testing 

V. Data Collection 

Procedures 

Results of inspections and any maintenance 

necessary are recorded in VRU operating log. 

Results of carbon testing are maintained onsite. 

 Averaging Period N/A 
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Appendix 2 

40 CFR 63.7 Performance Testing Requirements

(a) (1), (2), and (3) [Blank] 

(3) The Administrator may require an owner or operator to conduct performance tests at the affected source at 

any other time when the action is authorized by Section 114 of the Act. 

(b) Notification of performance test

(1) The owner or operator of an affected source shall notify the Administrator in writing of his or her intention 

to conduct a performance test at least 60 calendar days before the performance test is scheduled to begin to 

allow the Administrator, upon request, to review and approve the site-specific test plan required under 

paragraph (c) of this Section and to have an observer present during the test. Observation of the 

performance test by the Administrator is optional. 

(2) In the event the owner or operator is unable to conduct the performance test on the date specified in the 

notification requirement specified in paragraph (b) (1) of this Section, due to unforeseeable circumstances 

beyond his or her control, the owner or operator shall notify the Administrator within 5 days prior to the 

scheduled performance test date and specify the date when the performance test is rescheduled. This 

notification of delay in conducting the performance test shall not relieve the owner or operator of legal 

responsibility for compliance with any other applicable provisions of this part or with any other applicable 

Federal, State, or local requirement, nor will it prevent the Administrator from implementing or enforcing 

this part or taking any other action under the Act. 

(c) Quality assurance program

(1) The results of the quality assurance program required in this paragraph will be considered by the 

Administrator when he/she determines the validity of a performance test. 

(2) (i) Submission of site-specific test plan. Before conducting a required performance test, the owner or 

operator of an affected source shall develop and, if requested by the Administrator, shall submit a 

site-specific test plan to the Administrator for approval. The test plan shall include a test program 

summary, the test schedule, data quality objectives, and both an internal and external quality assurance 

(QA) program. Data quality objectives are the pretest expectations of precision, accuracy, and 

completeness of data. 

(ii) The internal QA program shall include, at a minimum, the activities planned by routine operators and 

analysts to provide an assessment of test data precision; an example of internal QA is the sampling and 

analysis of replicate samples. 

(iii) The external QA program shall include, at a minimum, application of plans for a test method 

performance audit (PA) during the performance test. The PA's consist of blind audit samples provided 

by the Administrator and analyzed during the performance test in order to provide a measure of test 

data bias. The external QA program may also include systems audits that include the opportunity for 

on-site evaluation by the Administrator of instrument calibration, data validation, sample logging, and 

documentation of quality control data and field maintenance activities. 

(iv) The owner or operator of an affected source shall submit the site-specific test plan to the Administrator 

upon the Administrator's request at least 60 calendar days before the performance test is scheduled to 

take place, that is, simultaneously with the notification of intention to conduct a performance test 

required under paragraph (b) of this section, or on a mutually agreed upon date. 

(v) The Administrator may request additional relevant information after the submittal of a site-specific test 

plan. 
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(3) Approval of site-specific test plan. (i) The Administrator will notify the owner or operator of approval or 

intention to deny approval of the site-specific test plan (if review of the site-specific test plan is requested) 

within 30 calendar days after receipt of the original plan and within 30 calendar days after receipt of any 

supplementary information that is submitted under paragraph (c) (3) (i) (B) of this section. Before 

disapproving any site-specific test plan, the Administrator will notify the applicant of the Administrator's 

intention to disapprove the plan together with— 

(A) Notice of the information and findings on which the intended disapproval is based; and 

(B) Notice of opportunity for the owner or operator to present, within 30 calendar days after he/she 

is notified of the intended disapproval, additional information to the Administrator before final 

action on the plan. 

(ii) In the event that the Administrator fails to approve or disapprove the site-specific test plan within the 

time period specified in paragraph (c) (3) (i) of this section, the following conditions shall apply: 

(A) If the owner or operator intends to demonstrate compliance using the test method(s) specified in 

the relevant standard, the owner or operator shall conduct the performance test within the time 

specified in this section using the specified method(s); 

(B) Note: Subpart Y specifies different requirements under 40 CFR 63.565(m) (2). If the owner or 

operator intends to demonstrate compliance by using an alternative to any test method specified 

in the relevant standard, the owner or operator shall refrain from conducting the performance 

test until the Administrator approves the use of the alternative method when the Administrator 

approves the site-specific test plan (if review of the site-specific test plan is requested) or until 

after the alternative method is approved [see paragraph (f) of this section]. If the Administrator 

does not approve the site-specific test plan (if review is requested) or the use of the alternative 

method within 30 days before the test is scheduled to begin, the performance test dates 

specified in paragraph (a) of this section may be extended such that the owner or operator shall 

conduct the performance test within 60 calendar days after the Administrator approves the 

site-specific test plan or after use of the alternative method is approved. Notwithstanding the 

requirements in the preceding two sentences, the owner or operator may proceed to conduct the 

performance test as required in this section (without the Administrator's prior approval of the 

site-specific test plan) if he/she subsequently chooses to use the specified testing and 

monitoring methods instead of an alternative. 

(iii) Neither the submission of a site-specific test plan for approval, nor the Administrator's approval or 

disapproval of a plan, nor the Administrator's failure to approve or disapprove a plan in a timely 

manner shall-- 

(A) Relieve an owner or operator of legal responsibility for compliance with any applicable 

provisions of this part or with any other applicable Federal, State, or local requirement; or 

(B) Prevent the Administrator from implementing or enforcing this part or taking any other action 

under the Act. 

(4) (i) Performance test method audit program. The owner or operator shall analyze performance audit (PA) 

samples during each performance test. The owner or operator shall request performance audit materials 45 

days prior to the test date. Cylinder audit gases may be obtained by contacting the Cylinder Audit 

Coordinator, Quality Assurance Division (MD-77B), Atmospheric Research and Exposure Assessment 

Laboratory (AREAL), U.S. EPA, Research Triangle Park, North Carolina 27711. All other audit materials 

may be obtained by contacting the Source Test Audit Coordinator, Quality Assurance Division (MD-77B), 

AREAL, U.S. EPA, Research Triangle Park, North Carolina 27711. 
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(ii) The Administrator will have sole discretion to require any subsequent remedial actions of the owner or 

operator based on the PA results. 

(iii) If the Administrator fails to provide required PA materials to an owner or operator of an affected 

source in time to analyze the PA samples during a performance test, the requirement to conduct a PA 

under this paragraph shall be waived for such source for that performance test. Waiver under this 

paragraph of the requirement to conduct a PA for a particular performance test does not constitute a 

waiver of the requirement to conduct a PA for future required performance tests. 

(d) Performance testing facilities. If required to do performance testing, the owner or operator of each new source and, 

at the request of the Administrator, the owner or operator of each existing source, shall provide performancetesting facilities as follows: 

(1) Sampling ports adequate for test methods applicable to such source. This includes: 

(i) Constructing the air pollution control system such that volumetric flow rates and pollutant emission 

rates can be accurately determined by applicable test methods and procedures; and

(ii) Providing a stack or duct free of cyclonic flow during performance tests, as demonstrated by applicable 

test methods and procedures; 

(2) Safe sampling platform(s); 

(3) Safe access to sampling platform(s); 

(4) Utilities for sampling and testing equipment; and 

(5) Any other facilities that the Administrator deems necessary for safe and adequate testing of a source. 

(e) Conduct of performance tests. (1) Performance tests shall be conducted under such conditions as the Administrator 

specifies to the owner or operator based on representative performance (i.e., performance based on normal 

operating conditions) of the affected source. Operations during periods of startup, shutdown, and malfunction shall 

not constitute representative conditions for the purpose of a performance test, nor shall emissions in excess of the 

level of the relevant standard during periods of startup, shutdown, and malfunction be considered a violation of the 

relevant standard unless otherwise specified in the relevant standard or a determination of noncompliance is made 

under 40 CFR 63.6(e) (see Appendix 3). Upon request, the owner or operator shall make available to the 

Administrator such records as may be necessary to determine the conditions of performance tests. 

(2) Performance tests shall be conducted and data shall be reduced in accordance with the test methods and 

procedures set forth in this Section, in each relevant standard, and, if required, in applicable appendices of 

parts 51, 60, 61, and 63 of this chapter unless the Administrator-- 

(i) Specifies or approves, in specific cases, the use of a test method with minor changes in methodology; or 

(ii) Approves the use of an alternative test method, the results of which the Administrator has determined 

to be adequate for indicating whether a specific affected source is in compliance; or 

(iii) Approves shorter sampling times and smaller sample volumes when necessitated by process variables 

or other factors; or 

(iv) Waives the requirement for performance tests because the owner or operator of an affected source has 

demonstrated by other means to the Administrator's satisfaction that the affected source is in 

compliance with the relevant standard. 

(3) Unless otherwise specified in a relevant standard or test method, each performance test shall consist of 

three separate runs using the applicable test method. Each run shall be conducted for the time and under 

the conditions specified in the relevant standard. For the purpose of determining compliance with a 

relevant standard, the arithmetic mean of the results of the three runs shall apply. Upon receiving approval 

from the Administrator, results of a test run may be replaced with results of an additional test run in the 

event that-- 

(i) A sample is accidentally lost after the testing team leaves the site; or 

(ii) Conditions occur in which one of the three runs must be discontinued because of forced shutdown; or

(iii) Extreme meteorological conditions occur; or 
TransMontaigne Port Everglades North Terminal Page 39 Permit No.: 0110069-019-AV 

(iv) Other circumstances occur that are beyond the owner or operator's control. 

(4) Nothing in paragraphs (e) (1) through (e) (3) of this Section shall be construed to abrogate the 

Administrator's authority to require testing under Section 114 of the Act. 

(f) Use of an alternative test method

(1) General. Until permission to use an alternative test method has been granted by the Administrator under 

this paragraph, the owner or operator of an affected source remains subject to the requirements of this 

Section and the relevant standard. 

(2) The owner or operator of an affected source required to do performance testing by a relevant standard may 

use an alternative test method from that specified in the standard provided that the owner or operator-- 

(i) Notifies the Administrator of his or her intention to use an alternative test method not later than with 

the submittal of the site-specific test plan (if requested by the Administrator) or at least 60 days before 

the performance test is scheduled to begin if a site-specific test plan is not submitted; 

(ii) Uses Method 301 in Appendix A of this part to validate the alternative test method; and 

(iii) Submits the results of the Method 301 validation process along with the notification of intention and 

the justification for not using the specified test method. The owner or operator may submit the 

information required in this paragraph well in advance of the deadline specified in paragraph (f) (2) (i) 

of this Section to ensure a timely review by the Administrator in order to meet the performance test 

date specified in this Section or the relevant standard. 

(3) The Administrator will determine whether the owner or operator's validation of the proposed alternative 

test method is adequate when the Administrator approves or disapproves the site-specific test plan required 

under paragraph (c) of this Section. If the Administrator finds reasonable grounds to dispute the results 

obtained by the Method 301 validation process, the Administrator may require the use of a test method 

specified in a relevant standard. 

(4) If the Administrator finds reasonable grounds to dispute the results obtained by an alternative test method 

for the purposes of demonstrating compliance with a relevant standard, the Administrator may require the 

use of a test method specified in a relevant standard. 

(5) If the owner or operator uses an alternative test method for an affected source during a required 

performance test, the owner or operator of such source shall continue to use the alternative test method for 

subsequent performance tests at that affected source until he or she receives approval from the 

Administrator to use another test method as allowed under 40 CFR 63.7(f). 

(6) Neither the validation and approval process nor the failure to validate an alternative test method shall 

abrogate the owner or operator's responsibility to comply with the requirements of this part. 

(g) Data analysis, recordkeeping, and reporting

(1) Unless otherwise specified in a relevant standard or test method, or as otherwise approved by the 

Administrator in writing, results of a performance test shall include the analysis of samples, determination 

of emissions, and raw data. A performance test is "completed" when field sample collection is terminated. 

The owner or operator of an affected source shall report the results of the performance test to the 

Administrator before the close of business on the 60th day following the completion of the performance 

test, unless specified otherwise in a relevant standard or as approved otherwise in writing by the 

Administrator [see 40 CFR 63.9(i), Appendix 5)]. The results of the performance test shall be submitted as 

part of the notification of compliance status required under 40 CFR 63.9(h) (see Appendix 5). Before a 

Title V permit has been issued to the owner or operator of an affected source, the owner or operator shall 

send the results of the performance test to the Administrator. After a Title V permit has been issued to the 

owner or operator of an affected source, the owner or operator shall send the results of the performance 

test to the appropriate permitting authority. 
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(2) [Reserved] 

(3) For a minimum of 5 years after a performance test is conducted, the owner or operator shall retain and 

make available, upon request, for inspection by the Administrator the records or results of such 

performance test and other data needed to determine emissions from an affected source. 

(h) Waiver of performance tests

(1) Until a waiver of a performance-testing requirement has been granted by the Administrator under this 

paragraph, the owner or operator of an affected source remains subject to the requirements of this section. 

(2) Individual performance tests may be waived upon written application to the Administrator if, in the 

Administrator's judgment, the source is meeting the relevant standard(s) on a continuous basis, or the 

source is being operated under an extension of compliance, or the owner or operator has requested an 

extension of compliance and the Administrator is still considering that request. 

(3) Request to waive a performance test. (i) If a request is made for an extension of compliance under 40 CFR

63.6(i) (see Appendix 3), the application for a waiver of an initial performance test shall accompany the 

information required for the request for an extension of compliance. If no extension of compliance is 

requested or if the owner or operator has requested an extension of compliance and the Administrator is 

still considering that request, the application for a waiver of an initial performance test shall be submitted 

at least 60 days before the performance test if the site-specific test plan under paragraph (c) of this section 

is not submitted. 

(ii) If an application for a waiver of a subsequent performance test is made, the application may 

accompany any required compliance progress report, compliance status report, or excess emissions and 

continuous monitoring system performance report [such as those required under 40 CFR 63.6(i), 40 

CFR 63.9(h), and 40 CFR 63.10(e) (see Appendix 3, 5, and 6) or specified in a relevant standard or in 

the source's title V permit], but it shall be submitted at least 60 days before the performance test if the 

site-specific test plan required under paragraph (c) of this section is not submitted. 

(iii) Any application for a waiver of a performance test shall include information justifying the owner or 

operator's request for a waiver, such as the technical or economic infeasibility, or the impracticality, of 

the affected source performing the required test. 

(4) Approval of request to waive performance test. The Administrator will approve or deny a request for a 

waiver of a performance test made under paragraph (h) (3) of this section when he/she-- 

(i) Approves or denies an extension of compliance under 40 CFR 63.6(i) (8) (see Appendix 3); or 

(ii) Approves or disapproves a site-specific test plan under 40 CFR 63.7(c) (3); or 

(iii) Makes a determination of compliance following the submission of a required compliance status report 

or excess emissions and continuous monitoring systems performance report; or 

(iv) Makes a determination of suitable progress towards compliance following the submission of a 

compliance progress report, whichever is applicable. 

(5) Approval of any waiver granted under this section shall not abrogate the Administrator's authority 

under the Act or in any way prohibit the Administrator from later canceling the waiver. The 

cancellation will be made only after notice is given to the owner or operator of the affected source. 
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Appendix 3 

40 CFR 63.6 Compliance with Standards and Maintenance Requirements

(a) – (d) [Blank] 

(e) Operation and maintenance requirements.

(1) (i) At all times, including periods of startup, shutdown, and malfunction, owners or operators shall operate 

and maintain any affected source, including associated air pollution control equipment, in a manner 

consistent with good air pollution control practices for minimizing emissions at least to the levels required 

by all relevant standards. 

(ii) Malfunctions shall be corrected as soon as practicable after their occurrence in accordance with the 

startup, shutdown, and malfunction plan required in paragraph (e) (3) of this section. 

(iii) Operation and maintenance requirements established pursuant to section 112 of the Act are 

enforceable independent of emissions limitations or other requirements in relevant standards. 

(2) Determination of whether acceptable operation and maintenance procedures are being used will be based 

on information available to the Administrator which may include, but is not limited to, monitoring results, 

review of operation and maintenance procedures (including the startup, shutdown, and malfunction plan 

required in paragraph (e) (3) of this section), review of operation and maintenance records, and inspection 

of the source. 

(3) Startup, shutdown, and malfunction plan. (i) The owner or operator of an affected source shall develop and 

implement a written startup, shutdown, and malfunction plan that describes, in detail, procedures for 

operating and maintaining the source during periods of startup, shutdown, and malfunction and a program 

of corrective action for malfunctioning process and air pollution control equipment used to comply with 

the relevant standard. As required under 40 CFR 63.8(c) (1) (i) (see Appendix 4 of this permit), the plan 

shall identify all routine or otherwise predictable CMS malfunctions. This plan shall be developed by the 

owner or operator by the source’s compliance date for that relevant standard. The plan shall be 

incorporated by reference into the source’s title V permit. The purpose of the startup, shutdown, and 

malfunction plan is to: 

(A) Ensure that, at all times, owners or operators operate and maintain affected sources, including 

associated air pollution control equipment, in a manner consistent with good air pollution 

control practices for minimizing emissions at least to the levels required by all relevant 

standards; 

(B) Ensure that owners or operators are prepared to correct malfunctions as soon as practicable 

after their occurrence in order to minimize excess emissions of hazardous air pollutants; and 

(C) Reduce the reporting burden associated with periods of startup, shutdown, and malfunction 

(including corrective action taken to restore malfunctioning process and air pollution control 

equipment to its normal or usual manner of operation). 

(ii) During periods of startup, shutdown, and malfunction, the owner or operator of an affected source shall 

operate and maintain such source (including associated air pollution control equipment) in accordance 

with the procedures specified in the startup, shutdown, and malfunction plan developed under 

paragraph (e) (3) (i) of this section. 
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(viii) If the startup, shutdown, and malfunction plan fails to address or inadequately addresses an event that 

meets the characteristics of a malfunction but was not included in the startup, shutdown, and 

malfunction plan at the time the owner or operator developed the plan, the owner or operator shall 

revise the startup, shutdown, and malfunction plan within 45 days after the event to include detailed 

procedures for operating and maintaining the source during similar malfunction events and a program 

of corrective action for similar malfunctions of process or air pollution control equipment. 

(f) Compliance with non-opacity emission standards

(1) Applicability. The non-opacity emission standards set forth in this part shall apply at all times except during 

periods of startup, shutdown, and malfunction, and as otherwise specified in an applicable subpart. 

(2) Methods for determining compliance

(i) The Administrator will determine compliance with nonopacity emission standards in this part based on 

the results of performance tests conducted according to the procedures in 40 CFR 63.7(see Appendix 

2), unless otherwise specified in an applicable subpart of this part. 

(ii) The Administrator will determine compliance with nonopacity emission standards in this part by 

evaluation of an owner or operator's conformance with operation and maintenance requirements, 

including the evaluation of monitoring data, as specified in 40 CFR 63.6(e) (see Appendix 3) and 

applicable subparts of this part. 

(iii) If an affected source conducts performance testing at startup to obtain an operating permit in the State 

in which the source is located, the results of such testing may be used to demonstrate compliance with 

a relevant standard if-- 

(A) The performance test was conducted within a reasonable amount of time before an initial 

performance test is required to be conducted under the relevant standard; 

(B) The performance test was conducted under representative operating conditions for the source; 

(C) The performance test was conducted and the resulting data were reduced using EPA-approved 

test methods and procedures, as specified in 40 CFR 63.7(e) (see Appendix 2) of this subpart; 

and 

(D) The performance test was appropriately quality-assured, as specified in 40 CFR 63.7(c) (see 

Appendix 2) of this subpart. 

(iv) The Administrator will determine compliance with design, equipment, work practice, or operational 

emission standards in this part by review of records, inspection of the source, and other procedures 

specified in applicable subparts of this part. 

(v) Note: Subpart Y specifies different requirements under 40 CFR 63.562(e) (1). The Administrator will 

determine compliance with design, equipment, work practice, or operational emission standards in this 

part by evaluation of an owner or operator's conformance with operation and maintenance 

requirements, as specified in paragraph (e) of this Section and applicable subparts of this part. 

(3) Finding of compliance. The Administrator will make a finding concerning an affected source's compliance 

with a nonopacity emission standard, as specified in paragraphs (f) (1) and (f) (2) of this Section, upon 

obtaining all the compliance information required by the relevant standard (including the written reports of 

performance test results, monitoring results, and other information, if applicable) and any information 

available to the Administrator needed to determine whether proper operation and maintenance practices 

are being used. 

(g) Use of an alternative nonopacity emission standard. 
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(1) If, in the Administrator's judgment, an owner or operator of an affected source has established that an 

alternative means of emission limitation will achieve a reduction in emissions of a hazardous air pollutant 

from an affected source at least equivalent to the reduction in emissions of that pollutant from that source 

achieved under any design, equipment, work practice, or operational emission standard, or combination 

thereof, established under this part pursuant to Section 112(h) of the Act, the Administrator will publish in 

the Federal Register a notice permitting the use of the alternative emission standard for purposes of 

compliance with the promulgated standard. Any Federal Register notice under this paragraph shall be 

published only after the public is notified and given the opportunity to comment. Such notice will restrict 

the permission to the stationary source(s) or category(ies) of sources from which the alternative emission 

standard will achieve equivalent emission reductions. The Administrator will condition permission in such 

notice on requirements to assure the proper operation and maintenance of equipment and practices required 

for compliance with the alternative emission standard and other requirements, including appropriate 

quality assurance and quality control requirements, that are deemed necessary. 

(2) An owner or operator requesting permission under this paragraph shall, unless otherwise specified in an 

applicable subpart, submit a proposed test plan or the results of testing and monitoring in accordance with 

40 CFR 63.7 and 40 CFR 63.8 (see Appendix 2 and 4), a description of the procedures followed in testing 

or monitoring, and a description of pertinent conditions during testing or monitoring. Any testing or 

monitoring conducted to request permission to use an alternative nonopacity emission standard shall be 

appropriately quality assured and quality controlled, as specified in 40 CFR 63.7 and 40 CFR 63.8 (see 

Appendix 2 and 4) 

(3) The Administrator may establish general procedures in an applicable subpart that accomplish the 

requirements of paragraphs (g) (1) and (g) (2) of this Section. 

(h) N/A (Opacity and visible emission_ 

(i) Extension of compliance with emission standards. 

(1) Until an extension of compliance has been granted by the Administrator (or permitting authority) under this 

paragraph, the owner or operator of an affected source subject to the requirements of this section shall 

comply with all the applicable requirements of this part. 

(2) Extension of compliance for early reductions or other reductions. 

(i) Early reductions. Pursuant to Section 112(i) (5) of the Act, if the owner or operator of an existing 

source demonstrates that the source has achieved a reduction in emissions of hazardous air pollutants 

in accordance with the provisions of subpart D of this part, the Administrator (or the State with an 

approved permit program) will grant the owner or operator an extension of compliance with specific 

requirements of this part, as specified in subpart D. 

(ii) Other reductions. Pursuant to Section 112(i) (6) of the Act, if the owner or operator of an existing 

source has installed best available control technology (BACT) [as defined in Section 169(3) of the 

Act] or technology required to meet a lowest achievable emission rate (LAER) (as defined in 

Section 171 of the Act) prior to the promulgation of an emission standard in this part applicable to 

such source and the same pollutant (or stream of pollutants) controlled pursuant to the BACT or LAER 

installation, the Administrator will grant the owner or operator an extension of compliance with such 

emission standard that will apply until the date 5 years after the date on which such installation was 

achieved, as determined by the Administrator. 
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(3) Request for extension of compliance. Paragraphs (i) (4) through (i) (7) of this Section concern requests for 

an extension of compliance with a relevant standard under this part [except requests for an extension of 

compliance under paragraph (i) (2) (i) of this Section will be handled through procedures specified in 

subpart D of this part].(4) (i) 

(A) The owner or operator of an existing source who is unable to comply with a relevant standard 

established under this part pursuant to Section 112(d) of the Act may request that the 

Administrator (or a State, when the State has an approved part 70 permit program and the 

source is required to obtain a part 70 permit under that program, or a State, when the State has 

been delegated the authority to implement and enforce the emission standard for that source) 

grant an extension allowing the source up to 1 additional year to comply with the standard, if 

such additional period is necessary for the installation of controls. An additional extension of 

up to 3 years may be added for mining waste operations, if the 1-year extension of compliance 

is insufficient to dry and cover mining waste in order to reduce emissions of any hazardous air 

pollutant. The owner or operator of an affected source who has requested an extension of 

compliance under this paragraph and who is otherwise required to obtain a Title V permit shall 

apply for such permit or apply to have the source's Title V permit revised to incorporate the 

conditions of the extension of compliance. The conditions of an extension of compliance 

granted under this paragraph will be incorporated into the affected source's Title V permit 

according to the provisions of part 70 or Federal Title V regulations in this chapter 

(42 U.S.C. 7661), whichever are applicable. 

(B) Any request under this paragraph for an extension of compliance with a relevant standard shall 

be submitted in writing to the appropriate authority not later than 12 months before the affected 

source's compliance date [as specified in paragraphs (b) and (c) of this Section] for sources that 

are not including emission points in an emissions average, or not later than 18 months before 

the affected source's compliance date [as specified in paragraphs (b) and (c) of this Section] for 

sources that are including emission points in an emissions average. Emission standards 

established under this part may specify alternative dates for the submittal of requests for an 

extension of compliance if alternatives are appropriate for the source categories affected by 

those standards, e.g., a compliance date specified by the standard is less than 12 (or 18) months 

after the standard's effective date. 

(ii) The owner or operator of an existing source unable to comply with a relevant standard established 

under this part pursuant to Section 112(f) of the Act may request that the Administrator grant an 

extension allowing the source up to 2 years after the standard's effective date to comply with the 

standard. The Administrator may grant such an extension if he/she finds that such additional period is 

necessary for the installation of controls and that steps will be taken during the period of the extension 

to assure that the health of persons will be protected from imminent endangerment. Any request for an 

extension of compliance with a relevant standard under this paragraph shall be submitted in writing to 

the Administrator not later than 15 calendar days after the effective date of the relevant standard. 
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(5) The owner or operator of an existing source that has installed BACT or technology required to meet LAER 

[as specified in paragraph (i) (2) (ii) of this Section] prior to the promulgation of a relevant emission 

standard in this part may request that the Administrator grant an extension allowing the source 5 years 

from the date on which such installation was achieved, as determined by the Administrator, to comply with 

the standard. Any request for an extension of compliance with a relevant standard under this paragraph 

shall be submitted in writing to the Administrator not later than 120 days after the promulgation date of the 

standard. The Administrator may grant such an extension if he or she finds that the installation of BACT or 

technology to meet LAER controls the same pollutant (or stream of pollutants) that would be controlled at 

that source by the relevant emission standard. 

(6) (i) The request for a compliance extension under paragraph (i) (4) of this Section shall include the 

following information: 

(A) A description of the controls to be installed to comply with the standard; 

(B) A compliance schedule, including the date by which each step toward compliance will be 

reached. At a minimum, the list of dates shall include: 

(1) The date by which contracts for emission control systems or process changes for emission 

control will be awarded, or the date by which orders will be issued for the purchase of 

component parts to accomplish emission control or process changes; 

(2) The date by which on-site construction, installation of emission control equipment, or a 

process change is to be initiated; 

(3) The date by which on-site construction, installation of emission control equipment, or a 

process change is to be completed; and 

(4) The date by which final compliance is to be achieved; 

(C) A description of interim emission control steps that will be taken during the extension period, 

including milestones to assure proper operation and maintenance of emission control and 

process equipment; and 

(D) Whether the owner or operator is also requesting an extension of other applicable requirements 

(e.g., performance testing requirements). 

(ii) The request for a compliance extension under paragraph (5) of this Section shall include all 

information needed to demonstrate to the Administrator's satisfaction that the installation of BACT or 

technology to meet LAER controls the same pollutant (or stream of pollutants) that would be 

controlled at that source by the relevant emission standard. 

(7) Advice on requesting an extension of compliance may be obtained from the Administrator (or the State 

with an approved permit program). 

(8) Approval of request for extension of compliance. Paragraphs (i) (9) through (i) (14) of this Section concern 

approval of an extension of compliance requested under paragraphs (i) (4) through (i) (6) of this Section. 

(9) Based on the information provided in any request made under paragraphs (i) (4) through (i) (6) of this 

Section, or other information, the Administrator (or the State with an approved permit program) may grant 

an extension of compliance with an emission standard, as specified in paragraphs (i) (4) and (i) (5) of this 

Section. 

(10) The extension will be in writing and will-- 

(i) Identify each affected source covered by the extension; 

(ii) Specify the termination date of the extension; 

(iii) Specify the dates by which steps toward compliance are to be taken, if appropriate; 

(iv) Specify other applicable requirements to which the compliance extension applies (e.g., performance 

tests); and 
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(v) (A) Under paragraph (i) (4), specify any additional conditions that the Administrator (or the State) 

deems necessary to assure installation of the necessary controls and protection of the health of persons 

during the extension period; or 

(B) Under paragraph (i) (5), specify any additional conditions that the Administrator deems 

necessary to assure the proper operation and maintenance of the installed controls during the 

extension period. 

(11) The owner or operator of an existing source that has been granted an extension of compliance under 

paragraph (i) (10) of this Section may be required to submit to the Administrator (or the State with an 

approved permit program) progress reports indicating whether the steps toward compliance outlined in the 

compliance schedule have been reached. The contents of the progress reports and the dates by which they 

shall be submitted will be specified in the written extension of compliance granted under paragraph (i) (10) 

of this Section. 

(12) (i) The Administrator (or the State with an approved permit program) will notify the owner or operator in 

writing of approval or intention to deny approval of a request for an extension of compliance within 

30 calendar days after receipt of sufficient information to evaluate a request submitted under paragraph (i) 

(4) (i) or (i) (5) of this Section. The 30-day approval or denial period will begin after the owner or operator 

has been notified in writing that his/her application is complete. The Administrator (or the State) will 

notify the owner or operator in writing of the status of his/her application, that is, whether the application 

contains sufficient information to make a determination, within 30 calendar days after receipt of the 

original application and within 30 calendar days after receipt of any supplementary information that is 

submitted. 

(ii) When notifying the owner or operator that his/her application is not complete, the Administrator will 

specify the information needed to complete the application and provide notice of opportunity for the 

applicant to present, in writing, within 30 calendar days after he/she is notified of the incomplete 

application, additional information or arguments to the Administrator to enable further action on the 

application. 

(iii) Before denying any request for an extension of compliance, the Administrator (or the State with an 

approved permit program) will notify the owner or operator in writing of the Administrator's (or the 

State's) intention to issue the denial, together with-- 

(A) Notice of the information and findings on which the intended denial is based; and 

(B) Notice of opportunity for the owner or operator to present in writing, within 15 calendar days 

after he/she is notified of the intended denial, additional information or arguments to the 

Administrator (or the State) before further action on the request. 

(iv) The Administrator's final determination to deny any request for an extension will be in writing and 

will set forth the specific grounds on which the denial is based. The final determination will be made 

within 30 calendar days after presentation of additional information or argument 

(if the application is complete), or within 30 calendar days after the final date specified for the presentation if 

no presentation is made. 
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(13) (i) The Administrator will notify the owner or operator in writing of approval or intention to deny 

approval of a request for an extension of compliance within 30 calendar days after receipt of sufficient 

information to evaluate a request submitted under paragraph (i) (4) (ii) of this Section. The 30-day 

approval or denial period will begin after the owner or operator has been notified in writing that his/her 

application is complete. The Administrator (or the State) will notify the owner or operator in writing of the 

status of his/her application, that is, whether the application contains sufficient information to make a 

determination, within 15 calendar days after receipt of the original application and within 15 calendar days 

after receipt of any supplementary information that is submitted. 

(ii) When notifying the owner or operator that his/her application is not complete, the Administrator will 

specify the information needed to complete the application and provide notice of opportunity for the 

applicant to present, in writing, within 15 calendar days after he/she is notified of the incomplete 

application, additional information or arguments to the Administrator to enable further action on the 

application. 

(iii) Before denying any request for an extension of compliance, the Administrator will notify the owner or 

operator in writing of the Administrator's intention to issue the denial, together with-- 

(A) Notice of the information and findings on which the intended denial is based; and 

(B) Notice of opportunity for the owner or operator to present in writing, within 15 calendar days 

after he/she is notified of the intended denial, additional information or arguments to the 

Administrator before further action on the request. 

(iv) A final determination to deny any request for an extension will be in writing and will set forth the 

specific grounds on which the denial is based. The final determination will be made within 30 calendar 

days after presentation of additional information or argument (if the application is complete), or within 

30 calendar days after the final date specified for the presentation if no presentation is made. 

(14) The Administrator (or the State with an approved permit program) may terminate an extension of 

compliance at an earlier date than specified if any specification under paragraphs (i) (10) (iii) or (i) (10) 

(iv) of this Section is not met. 

(15) [Reserved] 

(16) The granting of an extension under this Section shall not abrogate the Administrator's authority under 

Section 114 of the Act. 

(j) Exemption from compliance with emission standards. The President may exempt any stationary source from 

compliance with any relevant standard established pursuant to Section 112 of the Act for a period of not more 

than 2 years if the President determines that the technology to implement such standard is not available and that 

it is in the national security interests of the United States to do so. An exemption under this paragraph may be 

extended for 1 or more additional periods, each period not to exceed 2 years. 
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Appendix 4 

40 CFR 63.8 Monitoring Requirements

(a) [Blank] 

(b) Conduct of monitoring

(1) Monitoring shall be conducted as set forth in this Section and the relevant standard(s) unless the 

Administrator- 

(i) Specifies or approves the use of minor changes in methodology for the specified monitoring 

requirements and procedures; or 

(ii) Approves the use of alternatives to any monitoring requirements or procedures.

(iii) Owners or operators with flares subject to 40 CFR 63.11(b) are not subject to the requirements of this 

Section unless otherwise specified in the relevant standard. 

(2) (i) When the effluents from a single affected source, or from two or more affected sources, are combined 

before being released to the atmosphere, the owner or operator shall install an applicable CMS on each 

effluent. 

(ii) If the relevant standard is a mass emission standard and the effluent from one affected source is 

released to the atmosphere through more than one point, the owner or operator shall install an 

applicable CMS at each emission point unless the installation of fewer systems is-- 

(A) Approved by the Administrator; or 

(B) Provided for in a relevant standard (e.g., instead of requiring that a CMS be installed at each 

emission point before the effluents from those points are channeled to a common control 

device, the standard specifies that only one CMS is required to be installed at the vent of the 

control device). 

(3) When more than one CMS is used to measure the emissions from one affected source (e.g., multiple 

breechings, multiple outlets), the owner or operator shall report the results as required for each CMS. 

However, when one CMS is used as a backup to another CMS, the owner or operator shall report the 

results from the CMS used to meet the monitoring requirements of this part. If both such CMS are used 

during a particular reporting period to meet the monitoring requirements of this part, then the owner or 

operator shall report the results from each CMS for the relevant compliance period. 

(c) Operation and maintenance of continuous monitoring systems. 

(1) The owner or operator of an affected source shall maintain and operate each CMS as specified in this 

section, or in a relevant standard, and in a manner consistent with good air pollution control practices. 

(i) The owner or operator of an affected source shall ensure the immediate repair or replacement of CMS 

parts to correct ‘‘routine’’ or otherwise predictable CMS malfunctions as defined in the source’s 

startup, shutdown, and malfunction plan required by 40 CFR 63.6(e) (3) (see Appendix 3). The owner 

or operator shall keep the necessary parts for routine repairs of the affected equipment readily 

available. If the plan is followed and the CMS repaired immediately, this action shall be reported in the 

semiannual 

startup, shutdown, and malfunction report required under 40 CFR 63.10(d) (5) (i) (see Appendix 6). 
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(ii) For those malfunctions or other events that affect the CMS and are not addressed by the startup, 

shutdown, and malfunction plan, the owner or operator shall report actions that are not consistent with 

the startup, shutdown, and malfunction plan within 24 hours after commencing actions inconsistent 

with the plan. The owner or operator shall send a follow-up report within 2 weeks after commencing 

actions inconsistent with the plan that either certifies that corrections have been made or includes a 

corrective action plan and schedule. The owner or operator shall provide proof that repair parts have 

been ordered or any other records that would indicate that the delay in making repairs is beyond his or 

her control. 

(iii) The Administrator’s determination of whether acceptable operation and maintenance procedures are 

being used will be based on information that may include, but is not limited to, review of operation and 

maintenance procedures, operation and maintenance records, manufacturing recommendations and 

specifications, and inspection of the CMS. Operation and maintenance procedures written by the CMS 

manufacturer and other guidance also can be used to maintain and operate each CMS. 

(2) All CMS shall be installed such that representative measurements of emissions or process parameters from 

the affected source are obtained. In addition, CEMS shall be located according to procedures contained in 

the applicable performance specification(s). 

(3) All CMS shall be installed, operational, and the data verified as specified in the relevant standard either 

prior to or in conjunction with conducting performance tests under 40 CFR 63.7. Verification of 

operational status shall, at a minimum, include completion of the manufacturer’s written specifications or 

recommendations for installation, operation, and calibration of the system. 

(4) Except for system breakdowns, out-of-control periods, repairs, maintenance periods, calibration checks, 

and zero (low-level) and high-level calibration drift adjustments, all CMS, including COMS and CEMS, 

shall be in continuous operation and shall meet minimum frequency of operation requirements as follows: 

(ii) All CEMS for measuring emissions other than opacity shall complete a minimum of one cycle of 

operation (sampling, analyzing, and data recording) for each successive 15-minute period. 

 (5) N/A 

(6) The owner or operator of a CMS that is not a CPMS, which is installed in accordance with the provisions 

of this part and the applicable CMS performance specification(s), must check the zero (low-level) and 

high-level calibration drifts at least once daily in accordance with the written procedure specified in the 

performance evaluation plan developed under paragraphs (e) (3) (i) and (ii) of this section. The zero (lowlevel) and high-level calibration drifts must be adjusted, at a minimum, whenever the 24-hour zero (lowlevel) drift exceeds two times the limits of the applicable performance specification(s) specified in the 

relevant standard. The system shall allow the amount of excess zero (low-level) and high-level drift 

measured at the 24-hour interval checks to be recorded and quantified whenever specified. 

(7) (i) A CMS is out of control if— 

(A) The zero (low-level), mid-level (if applicable), or high-level calibration drift (CD) exceeds two 

times the applicable CD specification in the applicable performance specification or in the 

relevant standard; or 

(B) The CMS fails a performance test audit (e.g., cylinder gas audit), relative accuracy audit, 

relative accuracy test audit, or linearity test audit; or 

(C) The COMS CD exceeds two times the limit in the applicable performance specification in the 

relevant standard. 
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(ii) When the CMS is out of control, the owner or operator of the affected source shall take the necessary 

corrective action and shall repeat all necessary tests which indicate that the system is out of control. 

The owner or operator shall take corrective action and conduct retesting until the performance 

requirements are below the applicable limits. The beginning of the out-of-control period is the hour the 

owner or operator conducts a performance check (e.g., calibration drift) that indicates an exceedance 

of the performance requirements established under this part. The end of the out-of-control period is the 

hour following the completion of corrective action and successful demonstration that the system is 

within the allowable limits. During the period the CMS is out of control, recorded data shall not be 

used in data averages and calculations, or to meet any data availability requirement established under 

this part. 

(8) The owner or operator of a CMS that is out of control as defined in paragraph (c) (7) of this section shall 

submit all information concerning out-of-control periods, including start and end dates and hours and 

descriptions of corrective actions taken, in the excess emissions and continuous monitoring system 

performance report required in 40 CFR 63.10(e) (3). 

(d) Quality control program. 

(1) The results of the quality control program required in this paragraph will be considered by the 

Administrator when he/she determines the validity of monitoring data. 

(2) The owner or operator of an affected source that is required to use a CMS and is subject to the monitoring 

requirements of this section and a relevant standard shall develop and implement a CMS quality control 

program. As part of the quality control program, the owner or operator shall develop and submit to the 

Administrator for approval upon request a site-specific performance evaluation test plan for the CMS 

performance evaluation required in paragraph (e) (3) (i) of this section, according to the procedures 

specified in paragraph (e). In addition, each quality control program shall include, at a minimum, a written 

protocol that describes procedures for each of the following operations: 

(i) Initial and any subsequent calibration of the CMS; 

(ii) Determination and adjustment of the calibration drift of the CMS; 

(iii) Preventive maintenance of the CMS, including spare parts inventory; 

(iv) Data recording, calculations, and reporting; 

(v) Accuracy audit procedures, including sampling and analysis methods; and 

(vi) Program of corrective action for a malfunctioning CMS. 

(3) The owner or operator shall keep these written procedures on record for the life of the affected source or 

until the affected source is no longer subject to the provisions of this part, to be made available for 

inspection, upon request, by the Administrator. If the performance evaluation plan is revised, the owner or 

operator shall keep previous (i.e., superseded) versions of the performance evaluation plan on record to be 

made available for inspection, upon request, by the Administrator, for a period of 5 years after each 

revision to the plan. Where relevant, e.g., program of corrective action for a malfunctioning CMS, these 

written procedures may be incorporated as part of the affected source's startup, shutdown, and malfunction 

plan to avoid duplication of planning and recordkeeping efforts. 

(e) Performance evaluation of continuous monitoring systems
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(1) General. When required by a relevant standard, and at any other time the Administrator may require under 

section 114 of the Act, the owner or operator of an affected source being monitored shall conduct a 

performance evaluation of the CMS. Such performance evaluation shall be conducted according to the 

applicable specifications and procedures described in this section or in the relevant standard. 

(2) Notification of performance evaluation. The owner or operator shall notify the Administrator in writing of 

the date of the performance evaluation simultaneously with the notification of the performance test date 

required under 40 CFR 63.7(b) or at least 60 days prior to the date the performance evaluation is scheduled 

to begin if no performance test is required. 

(3) (i) Submission of site-specific performance evaluation test plan. Before conducting a required CMS 

performance evaluation, the owner or operator of an affected source shall develop and submit a sitespecific performance evaluation test plan to the Administrator for approval upon request. The performance 

evaluation test plan shall include the evaluation program objectives, an evaluation program summary, the 

performance evaluation schedule, data quality objectives, and both an internal and external QA program. 

Data quality objectives are the pre-evaluation expectations of precision, accuracy, and completeness of 

data. 

(ii) The internal QA program shall include, at a minimum, the activities planned by routine operators and 

analysts to provide an assessment of CMS performance. The external QA program shall include, at a 

minimum, systems audits that include the opportunity for on-site evaluation by the Administrator of 

instrument calibration, data validation, sample logging, and documentation of quality control data and 

field maintenance activities. 

(iii) The owner or operator of an affected source shall submit the site-specific performance evaluation test 

plan to the Administrator (if requested) at least 60 days before the performance test or performance 

evaluation is scheduled to begin, or on a mutually agreed upon date, and review and approval of the 

performance evaluation test plan by the Administrator will occur with the review and approval of the 

site-specific test plan (if review of the site-specific test plan is requested). 

(iv) The Administrator may request additional relevant information after the submittal of a site-specific 

performance evaluation test plan. 

(v) In the event that the Administrator fails to approve or disapprove the site-specific performance 

evaluation test plan within the time period specified in 40 CFR 63.7(c) (3), the following conditions 

shall apply: 

(A) If the owner or operator intends to demonstrate compliance using the monitoring method(s) 

specified in the relevant standard, the owner or operator shall conduct the performance 

evaluation within the time specified in this subpart using the specified method(s);

(B) If the owner or operator intends to demonstrate compliance by using an alternative to a 

monitoring method specified in the relevant standard, the owner or operator shall refrain from 

conducting the performance evaluation until the Administrator approves the use of the 

alternative method. If the Administrator does not approve the use of the alternative method 

within 30 days before the performance evaluation is scheduled to begin, the performance 

evaluation deadlines specified in paragraph (e) (4) of this section may be extended such that the 

owner or operator shall conduct the performance evaluation within 60 calendar days after the 

Administrator approves the use of the alternative method. Notwithstanding the requirements in 

the preceding two sentences, the owner or operator may proceed to conduct the performance 

evaluation as required in this section (without the Administrator's prior approval of the sitespecific performance evaluation test plan) if he/she subsequently chooses to use the specified 

monitoring method(s) instead of an alternative. 
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(vi) Neither the submission of a site-specific performance evaluation test plan for approval, nor the 

Administrator's approval or disapproval of a plan, nor the Administrator's failure to approve or 

disapprove a plan in a timely manner shall— 

(A) Relieve an owner or operator of legal responsibility for compliance with any applicable 

provisions of this part or with any other applicable Federal, State, or local requirement; or 

(B) Prevent the Administrator from implementing or enforcing this part or taking any other action 

under the Act. 

(4) Conduct of performance evaluation and performance evaluation dates. The owner or operator of an 

affected source shall conduct a performance evaluation of a required CMS during any performance test 

required under 40 CFR 63.7 in accordance with the applicable performance specification as specified in 

the relevant standard. Notwithstanding the requirement in the previous sentence, if the owner or operator 

of an affected source elects to submit COMS data for compliance with a relevant opacity emission 

standard as provided under 40 CFR 63.6(h) (7), he/she shall conduct a performance evaluation of the 

COMS as specified in the relevant standard, before the performance test required under 40 CFR 63.7 is 

conducted in time to submit the results of the performance evaluation as specified in paragraph (e) (5) (ii) 

of this section. If a performance test is not required, or the requirement for a performance test has been 

waived under 40 CFR 63.7(h), the owner or operator of an affected source shall conduct the performance 

evaluation not later than 180 days after the appropriate compliance date for the affected source, as 

specified in 40 CFR 63.7(a), or as otherwise specified in the relevant standard. 

(5) Reporting performance evaluation results. (i) The owner or operator shall furnish the Administrator a copy 

of a written report of the results of the performance evaluation simultaneously with the results of the 

performance test required under 40 CFR 63.7 or within 60 days of completion of the performance 

evaluation if no test is required, unless otherwise specified in a relevant standard. The Administrator may 

request that the owner or operator submit the raw data from a performance evaluation in the report of the 

performance evaluation results. 

(ii) The owner or operator of an affected source using a COMS to determine opacity compliance during any 

performance test required under 40 CFR 63.7 and described in 40 CFR 63.6(d) (6) shall furnish the Administrator 

two or, upon request, three copies of a written report of the results of the COMS performance evaluation under this 

paragraph. The copies shall be provided at least 15 calendar days before the performance test required under 40 

CFR 63.7 is conducted. 

(f) Use of an alternative monitoring method
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(1) General. Until permission to use an alternative monitoring method has been granted by the Administrator 

under this paragraph, the owner or operator of an affected source remains subject to the requirements of 

this Section and the relevant standard. 

(2) After receipt and consideration of written application, the Administrator may approve alternatives to any 

monitoring methods or procedures of this part including, but not limited to, the following: 

(i) Alternative monitoring requirements when installation of a CMS specified by a relevant standard would 

not provide accurate measurements due to liquid water or other interferences caused by substances 

within the effluent gases; 

(ii) Alternative monitoring requirements when the affected source is infrequently operated; 

(iii) Alternative monitoring requirements to accommodate CEMS that require additional measurements to 

correct for stack moisture conditions; 

(iv) Alternative locations for installing CMS when the owner or operator can demonstrate that installation 

at alternate locations will enable accurate and representative measurements; 

(v) Alternate methods for converting pollutant concentration measurements to units of the relevant 

standard; 

(vi) Alternate procedures for performing daily checks of zero (low-level) and high-level drift that do not 

involve use of high-level gases or test cells; 

(vii) Alternatives to the American Society for Testing and Materials (ASTM) test methods or sampling 

procedures specified by any relevant standard; 

(viii) Alternative CMS that do not meet the design or performance requirements in this part, but adequately 

demonstrate a definite and consistent relationship between their measurements and the measurements 

of opacity by a system complying with the requirements as specified in the relevant standard. The 

Administrator may require that such demonstration be performed for each affected source; or 

(ix) Alternative monitoring requirements when the effluent from a single affected source or the combined 

effluent from two or more affected sources is released to the atmosphere through more than one point. 

(3) If the Administrator finds reasonable grounds to dispute the results obtained by an alternative monitoring 

method, requirement, or procedure, the Administrator may require the use of a method, requirement, or 

procedure specified in this Section or in the relevant standard. If the results of the specified and alternative 

method, requirement, or procedure do not agree, the results obtained by the specified method, requirement, 

or procedure shall prevail. 

(4) (i) Request to use alternative monitoring method. An owner or operator who wishes to use an alternative 

monitoring method shall submit an application to the Administrator as described in paragraph (f) (4) (ii) of 

this Section, below. The application may be submitted at any time provided that the monitoring method is 

not used to demonstrate compliance with a relevant standard or other requirement. If the alternative 

monitoring method is to be used to demonstrate compliance with a relevant standard, the application shall 

be submitted not later than with the site-specific test plan required in 40 CFR 63.7(c) (if requested) or with 

the site-specific performance evaluation plan (if requested) or at least 60 days before the performance 

evaluation is scheduled to begin. 

(ii) The application shall contain a description of the proposed alternative monitoring system and a 

performance evaluation test plan, if required, as specified in paragraph (e) (3) of this Section. In 

addition, the application shall include information justifying the owner or operator's request for an 

alternative monitoring method, such as the technical or economic infeasibility, or the impracticality, of 

the affected source using the required method. 
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(iii) The owner or operator may submit the information required in this paragraph well in advance of the 

submittal dates specified in paragraph (f) (4) (i) above to ensure a timely review by the Administrator 

in order to meet the compliance demonstration date specified in this Section or the relevant standard. 

(5) Approval of request to use alternative monitoring method. (i) The Administrator will notify the owner or 

operator of approval or intention to deny approval of the request to use an alternative monitoring method 

within 30 calendar days after receipt of the original request and within 30 calendar days after receipt of 

any supplementary information that is submitted. Before disapproving any request to use an alternative 

monitoring method, the Administrator will notify the applicant of the Administrator's intention to 

disapprove the request together with- 

(A) Notice of the information and findings on which the intended disapproval is based; and 

(B) Notice of opportunity for the owner or operator to present additional information to the 

Administrator before final action on the request. At the time the Administrator notifies the 

applicant of his or her intention to disapprove the request, the Administrator will specify how 

much time the owner or operator will have after being notified of the intended disapproval to 

submit the additional information. 

(ii) The Administrator may establish general procedures and criteria in a relevant standard to accomplish 

the requirements of paragraph (f) (5) (i) of this Section. 

(iii) If the Administrator approves the use of an alternative monitoring method for an affected source under 

paragraph (f) (5) (i) of this Section, the owner or operator of such source shall continue to use the 

alternative monitoring method until he or she receives approval from the Administrator to use another 

monitoring method as allowed by 40 CFR 63.8(f) (see Appendix 4 of this permit). 

(6) Alternative to the relative accuracy test. An alternative to the relative accuracy test for CEMS specified in a 

relevant standard may be requested as follows: 

(i) Criteria for approval of alternative procedures. An alternative to the test method for determining 

relative accuracy is available for affected sources with emission rates demonstrated to be less than 

50 percent of the relevant standard. The owner or operator of an affected source may petition the 

Administrator under paragraph (f) (6) (ii) of this Section to substitute the relative accuracy test in 

Section 7 of Performance Specification 2 with the procedures in Section 10 if the results of a 

performance test conducted according to the requirements in 40 CFR 63.7, or other tests performed 

following the criteria in 40 CFR63.7, demonstrate that the emission rate of the pollutant of interest in 

the units of the relevant standard is less than 50 percent of the relevant standard. For affected sources 

subject to emission limitations expressed as control efficiency levels, the owner or operator may 

petition the Administrator to substitute the relative accuracy test with the procedures in Section 10 of 

Performance Specification 2 if the control device exhaust emission rate is less than 50 percent of the 

level needed to meet the control efficiency requirement. The alternative procedures do not apply if the 

CEMS is used continuously to determine compliance with the relevant standard. 

(ii) Petition to use alternative to relative accuracy test. The petition to use an alternative to the relative 

accuracy test shall include a detailed description of the procedures to be applied, the location and the 

procedure for conducting the alternative, the concentration or response levels of the alternative relative 

accuracy materials, and the other equipment checks included in the alternative procedure(s). The 

Administrator will review the petition for completeness and applicability. The Administrator's 

determination to approve an alternative will depend on the intended use of the CEMS data and may 

require specifications more stringent than in Performance Specification 2. 
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(iii) Rescission of approval to use alternative to relative accuracy test. The Administrator will review the 

permission to use an alternative to the CEMS relative accuracy test and may rescind such permission if 

the CEMS data from a successful completion of the alternative relative accuracy procedure indicate 

that the affected source's emissions are approaching the level of the relevant standard. The criterion for 

reviewing the permission is that the collection of CEMS data shows that emissions have exceeded 

70 percent of the relevant standard for any averaging period, as specified in the relevant standard. For 

affected sources subject to emission limitations expressed as control efficiency levels, the criterion for 

reviewing the permission is that the collection of CEMS data shows that exhaust emissions have 

exceeded 70 percent of the level needed to meet the control efficiency requirement for any averaging 

period, as specified in the relevant standard. The owner or operator of the affected source shall 

maintain records and determine the level of emissions relative to the criterion for permission to use an 

alternative for relative accuracy testing. If this criterion is exceeded, the owner or operator shall notify 

the Administrator within 10 days of such occurrence and include a description of the nature and cause 

of the increased emissions. The Administrator will review the notification and may rescind permission 

to use an alternative and require the owner or operator to conduct a relative accuracy test of the CEMS 

as specified in Section 7 of Performance Specification 2. 

(g) Reduction of monitoring data. (1) The owner or operator of each CMS must reduce the monitoring data as 

specified in paragraphs (g) (1) through (5) of this section. 

(2) The owner or operator of each COMS shall reduce all data to 6-minute averages calculated from 36 or 

more data points equally spaced over each 6-minute period. Data from CEMS for measurement other than 

opacity, unless otherwise specified in the relevant standard, shall be reduced to 1-hour averages computed 

from four or more data points equally spaced over each 1-hour period, except during periods when 

calibration, quality assurance, or maintenance activities pursuant to provisions of this part are being 

performed. During these periods, a valid hourly average shall consist of at least two data points with each 

representing a 15-minute period. Alternatively, an arithmetic or integrated 1-hour average of CEMS data 

may be used. Time periods for averaging are defined in 40 CFR 63.2. (3) The data may be recorded in 

reduced or nonreduced form (e.g., ppm pollutant and percent O2 or ng/J of pollutant). 

(4) All emission data shall be converted into units of the relevant standard for reporting purposes using the 

conversion procedures specified in that standard. After conversion into units of the relevant standard, the 

data may be rounded to the same number of significant digits as used in that standard to specify the 

emission limit (e.g., rounded to the nearest 1 percent opacity). 

(5) Monitoring data recorded during periods of unavoidable CMS breakdowns, out-of-control periods, repairs, 

maintenance periods, calibration checks, and zero (low-level) and high-level adjustments must not be 

included in any data average computed under this part. For the owner or operator complying with the 

requirements of 40 CFR 63.10(b) (2) (vii) (A) or (B), data averages must include any data recorded during 

periods of monitor breakdown or malfunction. 

 

 
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Appendix 5 

40 CFR 63.9 Notification Requirements

(a) [Blank] 

(b) Initial notifications

(1) (i) The requirements of this paragraph apply to the owner or operator of an affected source when such 

source becomes subject to a relevant standard. 

ii) Note: Subpart Y specifies different requirements under 40 CFR 63.567(b) (1). If an area source that 

otherwise would be subject to an emission standard or other requirement established under this part if 

it were a major source subsequently increases its emissions of hazardous air pollutants (or its potential 

to emit hazardous air pollutants) such that the source is a major source that is subject to the emission 

standard or other requirement, such source shall be subject to the notification requirements of this 

Section. 

(iii) Affected sources that are required under this paragraph to submit an initial notification may use the 

application for approval of construction or reconstruction under 40 CFR 63.5(d) of this subpart, if 

relevant, to fulfill the initial notification requirements of this paragraph.

(2) Note: Subpart Y specifies different requirements under 40 CFR 63.567(b) (2). The owner or operator of an 

affected source that has an initial startup before the effective date of a relevant standard under this part 

shall notify the Administrator in writing that the source is subject to the relevant standard. The 

notification, which shall be submitted not later than 120 calendar days after the effective date of the 

relevant standard (or within 120 calendar days after the source becomes subject to the relevant standard), 

shall provide the following information: 

(i) The name and address of the owner or operator; 

(ii) The address (i.e., physical location) of the affected source; 

(iii) An identification of the relevant standard, or other requirement, that is the basis of the notification and 

the source's compliance date; 

(iv) A brief description of the nature, size, design, and method of operation of the source, including its 

operating design capacity and an identification of each point of emission for each hazardous air 

pollutant, or if a definitive identification is not yet possible, a preliminary identification of each point 

of emission for each hazardous air pollutant; and 

(v) A statement of whether the affected source is a major source or an area source. 

(3) Note: Subpart Y specifies different requirements under 40 CFR 63.567(b) (3). The owner or operator of a 

new or reconstructed affected source, or a source that has been reconstructed such that it is an affected 

source, that has an initial startup after the effective date of a relevant standard under this part and for 

which an application for approval of construction or reconstruction is not required under 40 CFR 63.5(d), 

shall notify the Administrator in writing that the source is subject to the relevant standard no later than 120 

days after initial startup. The notification shall provide all the information required in paragraphs (b) (2) (i) 

through (b) (2) (v) of this section, delivered or postmarked with the notification required in paragraph (b) 

(5). 

(4) Note: Subpart Y specifies different requirements under 40 CFR 63.567(b) (4). The owner or operator of a 

new or reconstructed major affected source that has an initial startup after the effective date of a relevant 

standard under this part and for which an application for approval of construction or reconstruction is 

required under 40 CFR 63.5(d) shall provide the following information in writing to the Administrator: 

(i) A notification of intention to construct a new major affected source, reconstruct a major affected 

source, or reconstruct a major source such that the source becomes a major affected source with the 

application for approval of construction or reconstruction as specified in 40 CFR 63.5(d) (1) (i); 
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(ii) A notification of the date when construction or reconstruction was commenced, submitted 

simultaneously with the application for approval of construction or reconstruction, if construction or 

reconstruction was commenced before the effective date of the relevant standard; 

(iii) A notification of the date when construction or reconstruction was commenced, delivered or 

postmarked not later than 30 days after such date, if construction or reconstruction was commenced 

after the effective date of the relevant standard; 

(iv) A notification of the anticipated date of startup of the source, delivered or postmarked not more than 

60 days nor less than 30 days before such date; and 

(v) A notification of the actual date of startup of the source, delivered or postmarked within 15 calendar 

days after that date 

(5) Note: Subpart Y specifies different requirements under 40 CFR 63.567(b) (4). After the effective date of 

any relevant standard established by the Administrator under this part, whether or not an approved permit 

program is effective in the State in which an affected source is (or would be) located, an owner or operator 

who intends to construct a new affected source or reconstruct an affected source subject to such standard, 

or reconstruct a source such that it becomes an affected source subject to such standard, shall notify the 

Administrator, in writing, of the intended construction or reconstruction. The notification shall be 

submitted as soon as practicable before the construction or reconstruction is planned to commence (but no 

sooner than the effective date of the relevant standard) if the construction or reconstruction commences 

after the effective date of a relevant standard promulgated in this part. The notification shall be submitted 

as soon as practicable before startup but no later than 60 days after the effective date of a relevant standard 

promulgated in this part if the construction or reconstruction had commenced and initial startup had not 

occurred before the standard's effective date. The notification shall include all the information required for 

an application for approval of construction or reconstruction as specified in 40 CFR 63.5(d). For major 

sources, the application for approval of construction or reconstruction may be used to fulfill the 

requirements of this paragraph. 

(c) Request for extension of compliance Note: Subpart Y specifies different requirements under 40 CFR 63.567(c). 

If the owner or operator of an affected source cannot comply with a relevant standard by the applicable 

compliance date for that source, or if the owner or operator has installed BACT or technology to meet LAER 

consistent with 40 CFR 63.6(i) (5) (see Appendix 3) of this subpart, he/she may submit to the Administrator (or 

the State with an approved permit program) a request for an extension of compliance as specified in 40 CFR 

63.6(i) (4) through 40 CFR 63.6(i) (6) (see Appendix 3). 

(d) Notification that source is subject to special compliance requirements An owner or operator of a new source 

that is subject to special compliance requirements as specified in 40 CFR 63.6(b) (3) and 40 CFR 63.6(b) (4) 

(see Appendix 3) shall notify the Administrator of his/her compliance obligations not later than the notification 

dates established in paragraph (b) of this Section for new sources that are not subject to the special provisions. 

(e) Notification of performance test. The owner or operator of an affected source shall notify the Administrator in 

writing of his or her intention to conduct a performance test at least 60 calendar days before the performance 

test is scheduled to begin to allow the Administrator to review and approve the site-specific test plan required 

under 40 CFR 63.7(c), if requested by the Administrator, and to have an observer present during the test. 

(g) Additional notification requirements for sources with continuous monitoring systems. The owner or operator of 

an affected source required to use a CMS by a relevant standard shall furnish the Administrator written 

notification as follows: 
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(1) A notification of the date the CMS performance evaluation under 40 CFR 63.8(e) (see Appendix 4) is 

scheduled to begin, submitted simultaneously with the notification of the performance test date required 

under 40 CFR 63.7(b). If no performance test is required, or if the requirement to conduct a performance 

test has been waived for an affected source under 40 CFR 63.7(h), the owner or operator shall notify the 

Administrator in writing of the date of the performance evaluation at least 60 calendar days before the 

evaluation is scheduled to begin; and 

(2) (reserved) 

(3) A notification that the criterion necessary to continue use of an alternative to relative accuracy testing, as 

provided by 40 CFR 63.8(f) (6) (see Appendix 4), has been exceeded. The notification shall be delivered 

or postmarked not later than 10 days after the occurrence of such exceedance, and it shall include a 

description of the nature and cause of the increased emissions. 

(h) Notification of compliance status. 

(1) The requirements of paragraphs (h) (2) through (h) (4) of this section apply when an affected source 

becomes subject to a relevant standard. 

(2) (i) Before a title V permit has been issued to the owner or operator of an affected source, and each time a 

notification of compliance status is required under this part, the owner or operator of such source shall 

submit to the Administrator a notification of compliance status, signed by the responsible official who 

shall certify its accuracy, attesting to whether the source has complied with the relevant standard. The 

notification shall list 

(A) The methods that were used to determine compliance; 

(B) The results of any performance tests, opacity or visible emission observations, continuous 

monitoring system (CMS) performance evaluations, and/or other monitoring procedures or 

methods that were conducted; 

(C) The methods that will be used for determining continuing compliance, including a description 

of monitoring and reporting requirements and test methods; 

(D) The type and quantity of hazardous air pollutants emitted by the source (or surrogate pollutants 

if specified in the relevant standard), reported in units and averaging times and in accordance 

with the test methods specified in the relevant standard; 

(E) An analysis demonstrating whether the affected source is a major source or an area source 

(using the emissions data generated for this notification); 

(F) A description of the air pollution control equipment (or method) for each emission point, 

including each control device (or method) for each hazardous air pollutant and the control 

efficiency (percent) for each control device (or method); and 

(G) A statement by the owner or operator of the affected existing, new, or reconstructed source as 

to whether the source has complied with the relevant standard or other requirements.

(ii) The notification shall be sent before the close of business on the 60th day following the completion of 

the relevant compliance demonstration activity specified in the relevant standard (unless a different 

reporting period is specified in a relevant standard, in which case the letter shall be sent before the 

close of business on the day the report of the relevant testing or monitoring results is required to be 

delivered or postmarked). For example, the notification shall be sent before close of business on the 

60th (or other required) day following completion of the initial performance test and again before the 

close of business on the 60th (or other required) day following the completion of any subsequent 

required performance test. 
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(3) After a Title V permit has been issued to the owner or operator of an affected source, the owner or operator 

of such source shall comply with all requirements for compliance status reports contained in the source's 

title V permit, including reports required under this part. After a title V permit has been issued to the 

owner or operator of an affected source, and each time a notification of compliance status is required under 

this part, the owner or operator of such source shall submit the notification of compliance status to the 

appropriate permitting authority following completion of the relevant compliance demonstration activity 

specified in the relevant standard. 

(4) [Reserved] 

(5) If an owner or operator of an affected source submits estimates or preliminary information in the 

application for approval of construction or reconstruction required in 40 CFR 63.5(d) in place of the actual 

emissions data or control efficiencies required in paragraphs (d) (1) (ii) (H) and (d) (2) of 

40 CFR 63.5, the owner or operator shall submit the actual emissions data and other correct information as 

soon as available but no later than with the initial notification of compliance status required in this section. 

(6) Advice on a notification of compliance status may be obtained from the Administrator. 

(i) Adjustment to time periods or postmark deadlines for submittal and review of required communications 

(1) (i) Until an adjustment of a time period or postmark deadline has been approved by the Administrator 

under paragraphs (i) (2) and (i) (3) of this Section, the owner or operator of an affected source remains 

strictly subject to the requirements of this part. 

(ii) An owner or operator shall request the adjustment provided for in paragraphs (i) (2) and (i) (3) of this 

Section each time he or she wishes to change an applicable time period or postmark deadline specified 

in this part. 

(2) Notwithstanding time periods or postmark deadlines specified in this part for the submittal of information 

to the Administrator by an owner or operator, or the review of such information by the Administrator, such 

time periods or deadlines may be changed by mutual agreement between the owner or operator and the 

Administrator. An owner or operator who wishes to request a change in a time period or postmark deadline 

for a particular requirement shall request the adjustment in writing as soon as practicable before the 

subject activity is required to take place. The owner or operator shall include in the request whatever 

information he or she considers useful to convince the Administrator that an adjustment is warranted. 

(3) If, in the Administrator's judgment, an owner or operator's request for an adjustment to a particular time 

period or postmark deadline is warranted, the Administrator will approve the adjustment. The 

Administrator will notify the owner or operator in writing of approval or disapproval of the request for an 

adjustment within 15 calendar days of receiving sufficient information to evaluate the request. 

(4) If the Administrator is unable to meet a specified deadline, he or she will notify the owner or operator of 

any significant delay and inform the owner or operator of the amended schedule. 

(j) Change in information already provided. Any change in the information already provided under this Section 

shall be provided to the Administrator in writing within 15 calendar days after the change. 
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Appendix 6 

40 CFR 63.10 Recordkeeping and Reporting Requirements

(a) [Blank] 

(b) General recordkeeping requirements

(1) The owner or operator of an affected source subject to the provisions of this part shall maintain files of all 

information (including all reports and notifications) required by this part recorded in a form suitable and 

readily available for expeditious inspection and review. The files shall be retained for at least 5 years 

following the date of each occurrence, measurement, maintenance, corrective action, report, or record. At a 

minimum, the most recent 2 years of data shall be retained on site. The remaining 3 years of data may be 

retained off site. Such files may be maintained on microfilm, on a computer, on computer floppy disks, on 

magnetic tape disks, or on microfiche. 

(2) The owner or operator of an affected source subject to the provisions of this part shall maintain relevant 

records for such source of-- 

(i) The occurrence and duration of each startup, shutdown, or malfunction of operation (i.e., process 

equipment); 

(ii) The occurrence and duration of each malfunction of the air pollution control equipment; 

(iii) All maintenance performed on the air pollution control equipment; 

(iv) Actions taken during periods of startup, shutdown, and malfunction (including corrective actions to 

restore malfunctioning process and air pollution control equipment to its normal or usual manner of 

operation) 

when such actions are different from the procedures specified in the affected source's startup, shutdown, 

and malfunction plan [see 40 CFR 63.6(e) (3) (see Appendix 3)]; 

(v) All information necessary to demonstrate conformance with the affected source's startup, shutdown, 

and malfunction plan [see 40 CFR 63.6(e) (3) (see Appendix 3)] when all actions taken during periods 

of startup, shutdown, and malfunction (including corrective actions to restore malfunctioning process 

and air pollution control equipment to its normal or usual manner of operation) are consistent with the 

procedures specified in such plan. (The information needed to demonstrate conformance with the 

startup, shutdown, and malfunction plan may be recorded using a "checklist," or some other effective 

form of recordkeeping, in order to minimize the recordkeeping burden for conforming events); 

(vi) Each period during which a CMS is malfunctioning or inoperative (including out-of-control periods); 

(vii) All required measurements needed to demonstrate compliance with a relevant standard (including, but 

not limited to, 15-minute averages of CMS data, raw performance testing measurements, and raw 

performance evaluation measurements, that support data that the source is required to report); 

(viii) All results of performance tests, CMS performance evaluations, and opacity and visible emission 

observations; 

(ix) All measurements as may be necessary to determine the conditions of performance tests and 

performance evaluations; 

(x) All CMS calibration checks; 

(xi) All adjustments and maintenance performed on CMS; 

(xii) Any information demonstrating whether a source is meeting the requirements for a waiver of 

recordkeeping or reporting requirements under this part, if the source has been granted a waiver under 

paragraph (f) of this section; 

(xiii) All emission levels relative to the criterion for obtaining permission to use an alternative to the 

relative accuracy test, if the source has been granted such permission under 40 CFR 63.8(f) (6) (see 

Appendix 4); and 
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(xiv) All documentation supporting initial notifications and notifications of compliance status under 40 

CFR 63.9 (see Appendix 5). 

(3) Note: Subpart Y specifies different requirements under 40 CFR 63.567(j) (4). Recordkeeping requirement 

for applicability determinations. If an owner or operator determines that his or her stationary source that 

emits (or has the potential to emit, without considering controls) one or more hazardous air pollutants is 

not subject to a relevant standard or other requirement established under this part, the owner or operator 

shall keep a record of the applicability determination on site at the source for a period of 5 years after the 

determination, or until the source changes its operations to become an affected source, whichever comes 

first. The record of the applicability determination shall include an analysis (or other information) that 

demonstrates why the owner or operator believes the source is unaffected (e.g., because the source is an 

area source). The analysis (or other information) shall be sufficiently detailed to allow the Administrator to 

make a finding about the source's applicability status with regard to the relevant standard or other 

requirement. If relevant, the analysis shall be performed in accordance with requirements established in 

subparts of this part for this purpose for particular categories of stationary sources. If relevant, the analysis 

should be performed in accordance with EPA guidance materials published to assist sources in making 

applicability determinations under section 112, if any. 

(c) Additional recordkeeping requirements for sources with continuous monitoring systems. In addition to 

complying with the requirements specified in paragraphs (b) (1) and (b) (2) of this section, the owner or operator 

of an affected source required to install a CMS by a relevant standard shall maintain records for such source of 

(1) All required CMS measurements (including monitoring data recorded during unavoidable CMS 

breakdowns and out of control periods); 

(2)-(4) (reserved) 

(5) The date and time identifying each period during which the CMS was inoperative except for zero (low 

level) and high level checks; 

(6) Note: Subpart Y specifies different requirements under 40 CFR 63.564(a) (5). The date and time 

identifying each period during which the CMS was out of control, as defined in 40 CFR 63.8(c) (7) (see 

Appendix 4); 

(7) The specific identification (i.e., the date and time of commencement and completion) of each period of 

excess emissions and parameter monitoring exceedances, as defined in the relevant standard(s), that occurs 

during startups, shutdowns, and malfunctions of the affected source; 

(8) The specific identification (i.e., the date and time of commencement and completion) of each time period 

of excess emissions and parameter monitoring exceedances, as defined in the relevant standard(s), that 

occurs during periods other than startups, shutdowns, and malfunctions of the affected source; 

(9) [Reserved] 

(10) The nature and cause of any malfunction (if known); 

(11) The corrective action taken or preventive measures adopted; 

(12) The nature of the repairs or adjustments to the CMS that was inoperative or out of control; 

(13) The total process operating time during the reporting period; and 

(14) Note: Subpart Y specifies different requirements under 40 CFR 63.562(d) (2) (iv). All procedures that are 

part of a quality control program developed and implemented for CMS under 40 CFR 63.8(d) (see 

Appendix 4). 
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(15) In order to satisfy the requirements of paragraphs (c) (10) through (c) (12) of this section and to avoid 

duplicative recordkeeping efforts, the owner or operator may use the affected source's startup, shutdown, 

and malfunction plan or records kept to satisfy the recordkeeping requirements of the startup, shutdown, 

and malfunction plan specified in 40 CFR 63.6(e) (see Appendix 3), provided that such plan and records 

adequately address the requirements of paragraphs (c) (10) through (c) (12). 

(d) General reporting requirements. 

(1) Notwithstanding the requirements in this paragraph or paragraph (e) of this section, the owner or operator 

of an affected source subject to reporting requirements under this part shall submit reports to the 

Administrator in accordance with the reporting requirements in the relevant standard(s). 

(2) Reporting results of performance tests. Before a title V permit has been issued to the owner or operator of 

an affected source, the owner or operator shall report the results of any performance test under 40 CFR 

63.7 to the Administrator. After a title V permit has been issued to the owner or operator of an affected 

source, the owner or operator shall report the results of a required performance test to the appropriate 

permitting authority. The owner or operator of an affected source shall report the results of the 

performance test to the Administrator (or the State with an approved permit program) before the close of 

business on the 60th day following the completion of the performance test, unless specified otherwise in a 

relevant standard or as approved otherwise in writing by the Administrator. The results of the performance 

test shall be submitted as part of the notification of compliance status required under 40 CFR 63.9(h) (see 

Appendix 5). 

(3) Reporting results of opacity or visible emission observations. The owner or operator of an affected source 

required to conduct opacity or visible emission observations by a relevant standard shall report the opacity 

or visible emission results (produced using Test Method 9 or Test Method 22, or an alternative to these test 

methods) along with the results of the performance test required under 40 CFR 63.7. If no performance test 

is required, or if visibility or other conditions prevent the opacity or visible emission observations from 

being conducted concurrently with the performance test required under 40 CFR 63.7, the owner or operator 

shall report the opacity or visible emission results before the close of business on the 30th day following the 

completion of the opacity or visible emission observations. 

(4) Progress reports. The owner or operator of an affected source who is required to submit progress reports as 

a condition of receiving an extension of compliance under 40 CFR 63.6(i) (see Appendix 3) shall submit 

such reports to the Administrator (or the State with an approved permit program) by the dates specified in 

the written extension of compliance. 

(5) Periodic startup, shutdown, and malfunction reports. 

 (i) If actions taken by an owner or operator during a startup, shutdown, or malfunction of an affected 

source (including actions taken to correct a malfunction) are consistent with the procedures specified 

in the source's startup, shutdown, and malfunction plan [see 40 CFR 63.6(e) (3) (see Appendix 3)], the 

owner or operator shall state such information in a startup, shutdown, and malfunction report. Reports 

shall only be required if a startup, shutdown, or malfunction occurred during the reporting period. 

The startup, -shutdown, and malfunction report shall consist of a letter, containing the name, Title, and 

signature of the owner or operator or other responsible official who is certifying its accuracy, that shall 

be submitted to the Administrator semiannually (or on a more frequent basis if specified otherwise in a 

relevant standard or as established otherwise by the permitting authority in the source's Title V 

permit). The startup, shutdown, and malfunction report shall be delivered or postmarked by the 30th 

day following the end of each calendar half (or other calendar reporting period, as appropriate). 
TransMontaigne Port Everglades North Terminal Page 63 Permit No.: 0110069-019-AV 

 If the owner or operator is required to submit excess emissions and continuous monitoring system 

performance (or other periodic) reports under this part, the startup, shutdown, and malfunction reports 

required under this paragraph may be submitted simultaneously with the excess emissions and 

continuous monitoring system performance (or other) reports. If startup, shutdown, and malfunction 

reports are submitted with excess emissions and continuous monitoring system performance (or other 

periodic) reports, and the owner or operator receives approval to reduce the frequency of reporting for 

the latter under paragraph (e) of this Section, the frequency of reporting for the startup, shutdown, and 

malfunction reports also may be reduced if the Administrator does not object to the intended change. 

The procedures to implement the allowance in the preceding sentence shall be the same as the 

procedures specified in paragraph (e) (3) of this Section. 

(ii) Immediate startup, shutdown, and malfunction reports. Notwithstanding the allowance to reduce the 

frequency of reporting for periodic startup, shutdown, and malfunction reports under paragraph (d) (5) 

(i) of this Section, any time an action taken by an owner or operator during a startup, shutdown, or 

malfunction (including actions taken to correct a malfunction) is not consistent with the procedures 

specified in the affected source's startup, shutdown, and malfunction plan, the owner or operator shall 

report the actions taken for that event within 2 working days after commencing actions inconsistent 

with the plan followed by a letter within 7 working days after the end of the event. The immediate 

report required under this paragraph shall consist of a telephone call (or facsimile [FAX] transmission) 

to the Administrator within 2 working days after commencing actions inconsistent with the plan, and it 

shall be followed by a letter, delivered or postmarked within 7 working days after the end of the event, 

that contains the name, Title, and signature of the owner or operator or other responsible official who 

is certifying its accuracy, explaining the circumstances of the event, the reasons for not following the 

startup, shutdown, and malfunction plan, and whether any excess emissions and/or parameter 

monitoring exceedances are believed to have occurred. Notwithstanding the requirements of the 

previous sentence, after the effective date of an approved permit program in the State in which an 

affected source is located, the owner or operator may make alternative reporting arrangements, in 

advance, with the permitting authority in that State. Procedures governing the arrangement of 

alternative reporting requirements under this paragraph are specified in 40 CFR 63.9(i) (see Appendix 

5). 

 (e) Additional reporting requirements for sources with continuous monitoring systems-- 

(1) General. When more than one CEMS is used to measure the emissions from one affected source (e.g., 

multiple breechings, multiple outlets), the owner or operator shall report the results as required for each 

CEMS. 

(2) Reporting results of continuous monitoring system performance evaluations. 

(i) The owner or operator of an affected source required to install a CMS by a relevant standard shall 

furnish the Administrator a copy of a written report of the results of the CMS performance evaluation, 

as required under 40 CFR 63.8(e) (see Appendix 4), simultaneously with the results of the 

performance test required under 40 CFR 63.7, unless otherwise specified in the relevant standard. 

(3) Excess emissions and continuous monitoring system performance report and summary report. (i) Note: 

Subpart Y specifies different requirements under 40 CFR 63.567(e). Excess emissions and parameter 

monitoring exceedances are defined in relevant standards. The owner or operator of an affected source 

required to install a CMS by a relevant standard shall submit an excess emissions and continuous 

monitoring system performance report and/or a summary report to the Administrator semiannually, except 

when-- 

(A) More frequent reporting is specifically required by a relevant standard; 
TransMontaigne Port Everglades North Terminal Page 64 Permit No.: 0110069-019-AV 

(B) The Administrator determines on a case-by-case basis that more frequent reporting is necessary 

to accurately assess the compliance status of the source; or 

(C) The CMS data are to be used directly for compliance determination and the source experienced 

excess emissions, in which case quarterly reports shall be submitted. Once a source reports 

excess emissions, the source shall follow a quarterly reporting format until a request to reduce 

reporting frequency under paragraph (e) (3) (ii) of this section is approved. 

(ii) Request to reduce frequency of excess emissions and continuous monitoring system performance 

reports. Notwithstanding the frequency of reporting requirements specified in paragraph (e) (3) (i) of 

this section, an owner or operator who is required by a relevant standard to submit excess emissions 

and continuous monitoring system performance (and summary) reports on a quarterly (or more 

frequent) basis may reduce the frequency of reporting for that standard to semiannual if the following 

conditions are met: 

(A) For 1 full year (e.g., 4 quarterly or 12 monthly reporting (periods) the affected source's excess 

emissions and continuous monitoring system performance reports continually demonstrate that 

the source is in compliance with the relevant standard; 

(B) The owner or operator continues to comply with all recordkeeping and monitoring requirements 

specified in this subpart and the relevant standard; and 

(C) The Administrator does not object to a reduced frequency of reporting for the affected source, 

as provided in paragraph (e) (3) (iii) of this section. 

(iii) The frequency of reporting of excess emissions and continuous monitoring system performance (and 

summary) reports required to comply with a relevant standard may be reduced only after the owner or 

operator notifies the Administrator in writing of his or her intention to make such a change and the 

Administrator does not object to the intended change. In deciding whether to approve a reduced 

frequency of reporting, the Administrator may review information concerning the source's entire 

previous performance history during the 5-year recordkeeping period prior to the intended change, 

including performance test results, monitoring data, and evaluations of an owner or operator's 

conformance with operation and maintenance requirements. Such information may be used by the 

Administrator to make a judgment about the source's potential for noncompliance in the future. If the 

Administrator disapproves the owner or operator's request to reduce the frequency of reporting, the 

Administrator will notify the owner or operator in writing within 45 days after receiving notice of the 

owner or operator's intention. The notification from the Administrator to the owner or operator will 

specify the grounds on which the disapproval is based. In the absence of a notice of disapproval within 

45 days, approval is automatically granted. 

(iv) As soon as CMS data indicate that the source is not in compliance with any emission limitation or 

operating parameter specified in the relevant standard, the frequency of reporting shall revert to the 

frequency specified in the relevant standard, and the owner or operator shall submit an excess 

emissions and continuous monitoring system performance (and summary) report for the noncomplying 

emission points at the next appropriate reporting period following the noncomplying event. After 

demonstrating ongoing compliance with the relevant standard for another full year, the owner or 

operator may again request approval from the Administrator to reduce the frequency of reporting for 

that standard, as provided for in paragraphs (e) (3) (ii) and (e) (3) (iii) of this section. 
TransMontaigne Port Everglades North Terminal Page 65 Permit No.: 0110069-019-AV 

(v) Content and submittal dates for excess emissions and monitoring system performance reports. All 

excess emissions and monitoring system performance reports and all summary reports, if required, 

shall be delivered or postmarked by the 30th day following the end of each calendar half or quarter, as 

appropriate. Written reports of excess emissions or exceedances of process or control system 

parameters shall include all the information required in paragraphs (c) (5) through (c) (13) of this 

section, in 40 CFR 63.8(c) (7) and 40 CFR 63.8(c) (8) (see Appendix 4 and 5), and in the relevant 

standard, and they shall contain the name, title, and signature of the responsible official who is 

certifying the accuracy of the report. When no excess emissions or exceedances of a parameter have 

occurred, or a CMS has not been inoperative, out of control, repaired, or adjusted, such information 

shall be stated in the report. 

(vi) Summary report. As required under paragraphs (e) (3) (vii) and (e) (3) (viii) of this section, one 

summary report shall be submitted for the hazardous air pollutants monitored at each affected source 

(unless the relevant standard specifies that more than one summary report is required, e.g., one 

summary report for each hazardous air pollutant monitored). The summary report shall be entitled 

"Summary Report--Gaseous and Opacity Excess Emission and Continuous Monitoring System 

Performance" and shall contain the following information: 

(A) The company name and address of the affected source; 

(B) An identification of each hazardous air pollutant monitored at the affected source; 

(C) The beginning and ending dates of the reporting period; 

(D) A brief description of the process units; 

(E) The emission and operating parameter limitations specified in the relevant standard(s); 

(F) The monitoring equipment manufacturer(s) and model number(s); 

(G) The date of the latest CMS certification or audit; 

(H) The total operating time of the affected source during the reporting period; 

(I) An emission data summary (or similar summary if the owner or operator monitors control 

system parameters), including the total duration of excess emissions during the reporting period 

(recorded in minutes for opacity and hours for gases), the total duration of excess emissions 

expressed as a percent of the total source operating time during that reporting period, and a 

breakdown of the total duration of excess emissions during the reporting period into those that 

are due to startup/shutdown, control equipment problems, process problems, other known 

causes, and other unknown causes; 

(J) A CMS performance summary (or similar summary if the owner or operator monitors control 

system parameters), including the total CMS downtime during the reporting period (recorded in 

minutes for opacity and hours for gases), the total duration of CMS downtime expressed as a 

percent of the total source operating time during that reporting period, and a breakdown of the 

total CMS downtime during the reporting period into periods that are due to monitoring 

equipment malfunctions, nonmonitoring equipment malfunctions, quality assurance/quality 

control calibrations, other known causes, and other unknown causes; 

(K) A description of any changes in CMS, processes, or controls since the last reporting period; 

(L) The name, title, and signature of the responsible official who is certifying the accuracy of the 

report; and 

(M) The date of the report. 
TransMontaigne Port Everglades North Terminal Page 66 Permit No.: 0110069-019-AV 

(vii) If the total duration of excess emissions or process or control system parameter exceedances for the 

reporting period is less than 1 percent of the total operating time for the reporting period, and CMS 

downtime for the reporting period is less than 5 percent of the total operating time for the reporting 

period, only the summary report shall be submitted, and the full excess emissions and continuous 

monitoring system performance report need not be submitted unless required by the Administrator. 

(viii) If the total duration of excess emissions or process or control system parameter exceedances for the 

reporting period is 1 percent or greater of the total operating time for the reporting period, or the total 

CMS downtime for the reporting period is 5 percent or greater of the total operating time for the 

reporting period, both the summary report and the excess emissions and continuous monitoring system 

performance report shall be submitted. 

(f) Waiver of recordkeeping or reporting requirements 

(1) Until a waiver of a recordkeeping or reporting requirement has been granted by the Administrator under 

this paragraph, the owner or operator of an affected source remains subject to the requirements of this 

Section. 

(2) Recordkeeping or reporting requirements may be waived upon written application to the Administrator if, 

in the Administrator's judgment, the affected source is achieving the relevant standard(s), or the source is 

operating under an extension of compliance, or the owner or operator has requested an extension of 

compliance and the Administrator is still considering that request. 

(3) If an application for a waiver of recordkeeping or reporting is made, the application shall accompany the 

request for an extension of compliance under 40 CFR 63.6(i) (see Appendix 3), any required compliance 

progress report or compliance status report required under this part [such as under 40 CFR 63.6(i) and 40 

CFR 63.9(h) (see Appendix 3 and 5)] or in the source's Title V permit, or an excess emissions and 

continuous monitoring system performance report required under paragraph (e) of this Section, whichever 

is applicable. The application shall include whatever information the owner or operator considers useful to 

convince the Administrator that a waiver of recordkeeping or reporting is warranted. 

(4) The Administrator will approve or deny a request for a waiver of recordkeeping or reporting requirements 

under this paragraph when he/she-- 

(i) Approves or denies an extension of compliance; or 

(ii) Makes a determination of compliance following the submission of a required compliance status report 

or excess emissions and continuous monitoring systems performance report; or 

(iii) Makes a determination of suitable progress towards compliance following the submission of a 

compliance progress report, whichever is applicable. 

(5) A waiver of any recordkeeping or reporting requirement granted under this paragraph may be conditioned 

on other recordkeeping or reporting requirements deemed necessary by the Administrator. 

(6) Approval of any waiver granted under this Section shall not abrogate the Administrator's authority under 

the Act or in any way prohibit the Administrator from later canceling the waiver. The cancellation will be 

made only after notice is given to the owner or operator of the affected source. 
TransMontaigne Port Everglades North Terminal Page 67 Permit No.: 0110069-019-AV 

Appendix 7 

General Compliance Test Requirements

(Rule 62-297.310, F.A.C.) 

Unless otherwise specified in the permit, the following testing requirements apply to each emissions unit for which 

testing is required. The terms “stack” and “duct” are used interchangeably in this appendix. 

( “Department” refers to Florida Department of Environmental Protection.) 

( “PPRAQD” refers to Broward County Pollution Prevention, Remediation and Air Quality Division.) 

TR1. Required Number of Test Runs. For mass emission limitations, a compliance test shall consist of three 

complete and separate determinations of the total air pollutant emission rate through the test section of the 

stack or duct and three complete and separate determinations of any applicable process variables 

corresponding to the three distinct time periods during which the stack emission rate was measured; 

provided, however, that three complete and separate determinations shall not be required if the process 

variables are not subject to variation during a compliance test, or if three determinations are not necessary 

in order to calculate the unit's emission rate. The three required test runs shall be completed within one 

consecutive five-day period. In the event that a sample is lost or one of the three runs must be 

discontinued because of circumstances beyond the control of the owner or operator, and a valid third run 

cannot be obtained within the five-day period allowed for the test, the Secretary or his or her designee may 

accept the results of two complete runs as proof of compliance, provided that the arithmetic mean of the 

two complete runs is at least 20% below the allowable emission limiting standard. [Rule 62-297.310(1), 

F.A.C.] 

TR2. Operating Rate During Testing. Testing of emissions shall be conducted with the emissions unit operating 

at permitted capacity. If it is impractical to test at permitted capacity, an emissions unit may be tested at 

less than the maximum permitted capacity; in this case, subsequent emissions unit operation is limited to 

110 percent of the test rate until a new test is conducted. Once the unit is so limited, operation at higher 

capacities is allowed for no more than 15 consecutive days for the purpose of additional compliance testing 

to regain the authority to operate at the permitted capacity. Permitted capacity is defined as 90 to 100 

percent of the maximum operation rate allowed by the permit. [Rule 62-297.310(2), F.A.C.] 

TR3. Calculation of Emission Rate. For each emissions performance test, the indicated emission rate or 

concentration shall be the arithmetic average of the emission rate or concentration determined by each of 

the three separate test runs unless otherwise specified in a particular test method or applicable rule. 

 [Rule 62-297.310(3), F.A.C.] 

TR4. Applicable Test Procedures. 

a. Required Sampling Time. 

(1) Unless otherwise specified in the applicable rule, the required sampling time for each test run shall 

be no less than one hour and no greater than four hours, and the sampling time at each sampling 

point shall be of equal intervals of at least two minutes. 

(2) N/A (Opacity Compliance Tests). 

 b. Minimum Sample Volume. Unless otherwise specified in the applicable rule or test method, the 

minimum sample volume per run shall be 25 dry standard cubic feet. 

c. Required Flow Rate Range. For EPA Method 5 particulate sampling, acid mist/sulfur dioxide, and 

fluoride sampling which uses Greenburg Smith type impingers, the sampling nozzle and sampling 

time shall be selected such that the average sampling rate will be between 0.5 and 1.0 actual cubic 

feet per minute, and the required minimum sampling volume will be obtained. 

d. Calibration of Sampling Equipment. Calibration of the sampling train equipment shall be conducted 

in accordance with the schedule shown in Table 297.310-1, F.A.C. 
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TABLE 297.310-1 CALIBRATION SCHEDULE 

ITEM 

MINIMUM

CALIBRATIO

N

FREQUENCY 

REFERENCE INSTRUMENT TOLERANCE 

Liquid in glass 

thermometer 

Annually ASTM Hg in glass ref. 

thermometer or equivalent or 

thermometric points 

+/-2% 

Bimetallic 

thermometer 

Quarterly Calib. liq. in glass 5° F 

Thermocouple Annually ASTM Hg in glass ref. 

thermometer, NBS calibrated 

reference and potentiometer 

5° F 

Barometer Monthly Hg barometer or NOAA station +/-1% scale 

Pitot Tube When required or 

when damaged 

By construction or measurements 

in wind tunnel D greater than 16” 

and standard pitot tube 

See EPA Method 2, Fig. 

2-2 & 2-3 

Probe Nozzles Before each test 

or when nicked, 

dented, or 

corroded 

Micrometer +/- 0.001” mean of at 

least three readings; Max. 

deviation between 

readings, 0.004” 

Dry Gas Meter 

and Orifice 

Meter 

1. Full Scale: 

When received, 

when 5% change 

observed, 

annually 

Spirometer or calibrated wet test or 

dry gas test meter 

2% 

 2. One Point: 

Semiannually 

 3. Check after 

each test series 

Comparison check 5% 

e. Allowed Modification to EPA Method 5. When EPA Method 5 is required, the following 

modification is allowed: the heated filter may be separated from the impingers by a flexible tube. 

[Rule 62-297.310(4), F.A.C.] 

TR5. Determination of Process Variables. 

a. Required Equipment. The owner or operator of an emissions unit for which compliance tests are 

required shall install, operate, and maintain equipment or instruments necessary to determine process 

variables, such as process weight input or heat input, when such data are needed in conjunction with 

emissions data to determine the compliance of the emissions unit with applicable emission limiting 

standards. 

b. Accuracy of Equipment. Equipment or instruments used to directly or indirectly determine process 

variables, including devices such as belt scales, weight hoppers, flow meters, and tank scales, shall be 

calibrated and adjusted to indicate the true value of the parameter being measured with sufficient 

accuracy to allow the applicable process variable to be determined within 10% of its true value. 

[Rule 62-297.310(5), F.A.C.] 
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TR6. Sampling Facilities. The permittee shall install permanent stack sampling ports and provide sampling 

facilities that meet the requirements of Rule 62-297.310(6), F.A.C. Sampling facilities include sampling 

ports, work platforms, access to work platforms, electrical power, and sampling equipment support. All 

stack sampling facilities must also comply with all applicable Occupational Safety and Health 

Administration (OSHA) Safety and Health Standards described in 29 CFR Part 1910, Subparts D and E. 

a. Permanent Test Facilities. The owner or operator of an emissions unit for which a compliance test, 

other than a visible emissions test, is required on at least an annual basis, shall install and maintain 

permanent stack sampling facilities. 

b. Temporary Test Facilities. The owner or operator of an emissions unit that is not required to conduct 

a compliance test on at least an annual basis may use permanent or temporary stack sampling 

facilities. If the owner chooses to use temporary sampling facilities on an emissions unit, and the 

PPRAQD elects to test the unit, such temporary facilities shall be installed on the emissions unit 

within 5 days of a request by the PPRAQD and remain on the emissions unit until the test is 

completed. 

c. Sampling Ports. 

(1) All sampling ports shall have a minimum inside diameter of 3 inches. 

(2) The ports shall be capable of being sealed when not in use. 

(3) The sampling ports shall be located in the stack at least 2 stack diameters or equivalent diameters 

downstream and at least 0.5 stack diameter or equivalent diameter upstream from any fan, bend, 

constriction or other flow disturbance. 

(4) For emissions units for which a complete application to construct has been filed prior to 

December 1, 1980, at least two sampling ports, 90 degrees apart, shall be installed at each 

sampling location on all circular stacks that have an outside diameter of 15 feet or less. For 

stacks with a larger diameter, four sampling ports, each 90 degrees apart, shall be installed. For 

emissions units for which a complete application to construct is filed on or after December 1, 

1980, at least two sampling ports, 90 degrees apart, shall be installed at each sampling location on 

all circular stacks that have an outside diameter of 10 feet or less. For stacks with larger 

diameters, four sampling ports, each 90 degrees apart, shall be installed. On horizontal circular 

ducts, the ports shall be located so that the probe can enter the stack vertically, horizontally or at a 

45 degree angle. 

(5) On rectangular ducts, the cross sectional area shall be divided into the number of equal areas in 

accordance with EPA Method 1. Sampling ports shall be provided which allow access to each 

sampling point. The ports shall be located so that the probe can be inserted perpendicular to the

gas flow. 

d. Work Platforms. 

(1) Minimum size of the working platform shall be 24 square feet in area. Platforms shall be at least 

3 feet wide. 

(2) On circular stacks with 2 sampling ports, the platform shall extend at least 110 degrees around 

the stack. 

(3) On circular stacks with more than two sampling ports, the work platform shall extend 360 

degrees around the stack. 

(4) All platforms shall be equipped with an adequate safety rail (ropes are not acceptable), toe board, 

and hinged floor-opening cover if ladder access is used to reach the platform. The safety rail 

directly in line with the sampling ports shall be removable so that no obstruction exists in an area 

14 inches below each sample port and 6 inches on either side of the sampling port. 

e. Access to Work Platform. 

(1) Ladders to the work platform exceeding 15 feet in length shall have safety cages or fall arresters 

with a minimum of 3 compatible safety belts available for use by sampling personnel. 

(2) Walkways over free-fall areas shall be equipped with safety rails and toe boards. 

f. Electrical Power. 

(1) A minimum of two 120-volt AC, 20-amp outlets shall be provided at the sampling platform

within 20 feet of each sampling port. 
TransMontaigne Port Everglades North Terminal Page 70 Permit No.: 0110069-019-AV 

(2) If extension cords are used to provide the electrical power, they shall be kept on the plant’s 

property and be available immediately upon request by sampling personnel. 

g. Sampling Equipment Support. 

(1) A three-quarter inch eyebolt and an angle bracket shall be attached directly above each port on 

vertical stacks and above each row of sampling ports on the sides of horizontal ducts. 

(a) The bracket shall be a standard 3 inch × 3 inch × one-quarter inch equal-legs bracket 

which is 1 and one-half inches wide. A hole that is one-half inch in diameter shall be 

drilled through the exact center of the horizontal portion of the bracket. The horizontal 

portion of the bracket shall be located 14 inches above the centerline of the sampling port.

(b) A three-eighth inch bolt which protrudes 2 inches from the stack may be substituted for the

required bracket. The bolt shall be located 15 and one-half inches above the centerline of

the sampling port. 

(c) The three-quarter inch eyebolt shall be capable of supporting a 500 pound working load. 

For stacks that are less than 12 feet in diameter, the eyebolt shall be located 48 inches 

above the horizontal portion of the angle bracket. For stacks that are greater than or equal 

to 12 feet in diameter, the eyebolt shall be located 60 inches above the horizontal portion 

of the angle bracket. If the eyebolt is more than 120 inches above the platform, a length of

chain shall be attached to it to bring the free end of the chain to within safe reach from the 

platform. 

(2) A complete monorail or dual rail arrangement may be substituted for the eyebolt and bracket. 

(3) When the sample ports are located in the top of a horizontal duct, a frame shall be provided above 

the port to allow the sample probe to be secured during the test. 

 [Rule 62-297.310(6), F.A.C.] 

TR7. Special Compliance Tests. When the PPRAQD, after investigation, has good reason (such as complaints, 

increased visible emissions or questionable maintenance of control equipment) to believe that any 

applicable emission standard contained in a Department rule or in a permit issued pursuant to those rules is 

being violated, it shall require the owner or operator of the emissions unit to conduct compliance tests 

which identify the nature and quantity of pollutant emissions from the emissions unit and to provide a 

report on the results of said tests to the PPRAQD [Rule 62-297.310(7) (b), F.A.C.] 

TR8. Waiver of Compliance Test Requirements. If the owner or operator of an emissions unit that is subject to a 

compliance test requirement demonstrates to the PPRAQD, pursuant to the procedure established in Rule 

62-297.620, F.A.C., that the compliance of the emissions unit with an applicable weight emission limiting 

standard can be adequately determined by means other than the designated test procedure, such as 

specifying a surrogate standard of no visible emissions for particulate matter sources equipped with a bag 

house or specifying a fuel analysis for sulfur dioxide emissions, the PPRAQD shall waive the compliance 

test requirements for such emissions units and order that the alternate means of determining compliance be 

used, provided, however, the provisions of paragraph 62-297.310(7) (b), F.A.C., shall apply. 

 [Rule 62-297.310(7) (c), F.A.C.] 
TransMontaigne Port Everglades North Terminal Page 71 Permit No.: 0110069-019-AV 

Appendix 8 

NSPS - General Notification and Reporting Requirements.

(40 CFR 60.19) 

[Administrator means the administrator of USEPA or the authorized representative – PPRAQD] 

(a) Time periods. For the purposes of this part, time periods specified in days shall be measured in calendar days, 

even if the word ``calendar'' is absent, unless otherwise specified in an applicable requirement. 

(b) Submittal deadlines. For the purposes of this part, if an explicit postmark deadline is not specified in an 

applicable requirement for the submittal of a notification, application, report, or other written communication 

to the Administrator, the owner or operator shall postmark the submittal on or before the number of days 

specified in the applicable requirement. For example, if a notification must be submitted 15 days before a 

particular event is scheduled to take place, the notification shall be postmarked on or before 15 days preceding 

the event; likewise, if a notification must be submitted 15 days after a particular event takes place, the 

notification shall be delivered or postmarked on or before 15 days following the end of the event. The use of 

reliable non-Government mail carriers that provide indications of verifiable delivery of information required to 

be submitted to the Administrator, similar to the postmark provided by the U.S. Postal Service, or alternative 

means of delivery, including the use of electronic media, agreed to by the permitting authority, is acceptable. 

 (c) Changing deadlines. Notwithstanding time periods or postmark deadlines specified in this part for the 

submittal of information to the Administrator by an owner or operator, or the review of such information by 

the Administrator, such time periods or deadlines may be changed by mutual agreement between the owner or 

operator and the Administrator. Procedures governing the implementation of this provision are specified in 

paragraph (f) of this section. 

(d) Periodic reports submittals. If an owner or operator of an affected facility in a State with delegated authority is 

required to submit periodic reports under this part to the State, and if the State has an established timeline for 

the submission of periodic reports that is consistent with the reporting frequency(ies) specified for such facility 

under this part, the owner or operator may change the dates by which periodic reports under this part shall be 

submitted (without changing the frequency of reporting) to be consistent with the State's schedule by mutual 

agreement between the owner or operator and the State. The allowance in the previous sentence applies in 

each State beginning 1 year after the affected facility is required to be in compliance with the applicable 

subpart in this part. Procedures governing the implementation of this provision are specified in paragraph (f) 

of this section. 

(e) Common submittal schedule. If an owner or operator supervises one or more stationary sources affected by 

standards set under this part and standards set under part 61, part 63, or both such parts of this chapter, he/she 

may arrange by mutual agreement between the owner or operator and the Administrator (or the State with an 

approved permit program) a common schedule on which periodic reports required by each applicable standard 

shall be submitted throughout the year. The allowance in the previous sentence applies in each State beginning 

1 year after the stationary source is required to be in compliance with the applicable subpart in this part, or 1 

year after the stationary source is required to be in compliance with the applicable 40 CFR part 61 or part 63 of 

this chapter standard, whichever is latest. Procedures governing the implementation of this provision are 

specified in paragraph (f) of this section. 

(f) Changes request. 

(1) (i) Until an adjustment of a time period or postmark deadline has been approved by the Administrator under 

paragraphs (f) (2) and (f) (3) of this section, the owner or operator of an affected facility remains strictly 

subject to the requirements of this part. 

(ii) An owner or operator shall request the adjustment provided for in paragraphs (f) (2) and (f) (3) of this 

section each time he or she wishes to change an applicable time period or postmark deadline specified in 

this part. 

(2) Notwithstanding time periods or postmark deadlines specified in this part for the submittal of information 

to the Administrator by an owner or operator, or the review of such information by the Administrator, such 

time periods or deadlines may be changed by mutual agreement between the owner or operator and the 

Administrator. An owner or operator who wishes to request a change in a time period or postmark 
TransMontaigne Port Everglades North Terminal Page 72 Permit No.: 0110069-019-AV 

deadline for a particular requirement shall request the adjustment in writing as soon as practicable before 

the subject activity is required to take place. The owner or operator shall include in the request whatever 

information he or she considers useful to convince the Administrator that an adjustment is warranted. 

(3) If, in the Administrator's judgment, an owner or operator's request for an adjustment to a particular time 

period or postmark deadline is warranted, the Administrator will approve the adjustment. The 

Administrator will notify the owner or operator in writing of approval or disapproval of the request for an 

adjustment within 15 calendar days of receiving sufficient information to evaluate the request. 

(4) If the Administrator is unable to meet a specified deadline, he or she will notify the owner or operator of 

any significant delay and inform the owner or operator of the amended schedule. 
TransMontaigne Port Everglades North Terminal Page 73 Permit No.: 0110069-019-AV 

Appendix 9 

NSPS - Notification and Recordkeeping. 

(40 CFR 60.7)

[Administrator means the administrator of USEPA or the authorized representative – PPRAQD] 

(a) Notification format. Any owner or operator subject to the provisions of this part shall furnish the 

Administrator written notification or, if acceptable to both the Administrator and the owner or operator of a 

source, electronic notification, as follows: 

(1) to (3) NA (new sources) 

(4) Physical or operational changes. A notification of any physical or operational change to an existing 

facility which may increase the emission rate of any air pollutant to which a standard applies, unless that 

change is specifically exempted under an applicable subpart or in 40 CFR 60.14(e). This notice shall be 

postmarked 60 days or as soon as practicable before the change is commenced and shall include 

information describing the precise nature of the change, present and proposed emission control systems, 

productive capacity of the facility before and after the change, and the expected completion date of the 

change. The Administrator may request additional relevant information subsequent to this notice. 

(5) to (7) NA (CMS, opacity).

(b) to (e) NA (CMS) 

(f) File maintenance. Any owner or operator subject to the provisions of this part shall maintain a file of all 

measurements, including performance testing measurements; all monitoring device calibration checks; 

adjustments and maintenance performed on these systems or devices; and all other information required by 

this part recorded in a permanent form suitable for inspection. The file shall be retained for at least two years 

following the date of such measurements, maintenance, reports, and records, except as follows: 

(1) to (2) NA (CEMS).

(3) The Administrator or delegated authority, upon notification to the source, may require the owner or 

operator to maintain all measurements as required by paragraph (f) of this section, if the Administrator or 

the delegated authority determines these records are required to more accurately assess the compliance 

status of the affected source. 

 (g) Similar notification. If notification substantially similar to that in paragraph (a) of this section is required by 

any other State or local agency, sending the Administrator a copy of that notification will satisfy the 

requirements of paragraph (a) of this section. 
Table 1-1, Summary of Air Pollutant Standards and Terms

TransMontaigne Port Everglades North Terminal Permit No.: 0110069-019-AV

This table summarizes information for convenience purposes only. 

It does not supersede any of the terms or conditions of this permit.

Source Pollutant Standard(s) Regulatory Citation(s)

EU-31. Loading Rack with VRU (40 CFR 63, Subpart R)

VOC 10 mg VOC/ liter of gasoline loaded 40 CRR 63.422(b)

Vapor-tight gasoline tank trucks 40 CFR 60.502(e)

Leak STD (500 ppm) 40 CFR 63.425(a)

Self determined operating 40 CFR 63.425(b)

 parameter (CEMS)

EU-29. Hot Oil Heaters 

SOx Max. 0.5 % Sulfur in fuel 40 CFR 60.42c(d)

EU-45. Marine Loading/Unloading and Vessel Bunkering with VRU

(NESHAP 40 CFR 63 Subpart Y)

VOC 35 mg VOC/ liter of gasoline loaded Self-imposed (escape NESHAP)

Flow 420 million gal/yr gasoline Self-imposed (escape RACT)

500 million gal/yr distillate

EU-38. Boiler No. 1

SOx, PM Fuel sulfur content BACT

0.05% <S <= 0.5%

VE 20 percent opacity Rule 62-296.406(1), F.A.C

27% (one six-minute period per hour )

EU-33. Fixed Roof Storage Tanks 

EU-40. Storage Tanks with Internal Floaters 

VOC Maintain seals Rule 62-296.508(2), F.A.C. 

Vapor Controls 40 CFR 63.423

EU-44. External Floating Roof Tanks

Secondary seals Rule 62-296.516(2)(a), F.A.C. 

Vapor Controls 40 CFR 63.423

EU-37. Fugitive VOC Sources 

VOC General Handling 40 CFR 63.424(g)]

Equipment leaks 40 CFR 63.424(a), (b), (c), (d), and (f)
Table 2-1, Summary of Compliance Requirements

TransMontaigne Port Everglades North Terminal Permit No.: 0110069-019-AV

This table summarizes information for convenience purposes only. 

This table does not supersede any of the terms or conditions of this permit.

Source Pollutant or Parameter Compliance Method Test Frequency

EU-31. Loading Rack with VRU

Throughput Flow Recordkeeping Monthly

Vapor recovery unit VOC 10 milligrams/ liter of gas. Prior to renewal

40 CFR 63.422(b)

VOC Leaks EPA Method 21 Before test

VOC concentration EPA Method 25A or 25B During testing

Volume air-vapor exhausted EPA Method 2A During testing

Vapor Collection and Gauge Pressure 40 CFR 60.503(d) During testing

Liq. Loading Equip.

Gasoline Tank Trucks Vapor Tightness EPA Method 27 Computerized

Documentation verification

CEMS Monitored Operating 

Parameter 40 CFR 63.427(a) and (b) Continuously

EU-29. Hot Oil Heaters Nos. 1 and 2

SO2 Sulfur content Supplier or permittee Quarterly reports

certification per

40 CFR 60.48c(f)(1)-(3)

EU-45. Marine Loading/Unloading and Vessel Bunkering with VRU

Throughput Flow Recordkeeping Monthly

Vapor recovery unit VOC 35 milligrams/ liter of gas. Prior to renewal

VOC Leaks EPA Method 21 Before test

VOC concentration EPA Method 25A or 25B During testing

Volume air-vapor exhausted EPA Method 2A During testing

CAM performance indicators 40 CFR 64 Continuously

EU-38. Boiler No. 1

Hours of Operation Fuel with sulfur content Recordkeeping 400 hours /year 

.05%>S<=0.5%
Opacity EPA Method 9 Annually

EU-33. Fixed Roof Storage Tanks 

Throughput Flow Recordkeeping Monthly

Tank content Maximum vapor press. Recordkeeping Monthly

of products

EU-40. Storage Tanks with Internal Floaters 

Throughput Flow Recordkeeping Monthly

IFR & seals Inspection after Initial Fill Annually

Visual inspection when Tanks are emptied and degassed

Tank content - Maximum vapor press. Recordkeeping at least 5 years

- Volatile organic liquid (VOL) stored

- The period of storage

EU-44. External Floating Roof Tanks

Throughput Flow Recordkeeping Monthly

EFR & seals Primary seal gaps

During the

hydrostatic testing of

the vessel or within

60 days of the initial

fill and at least once

every 5 years

thereafter.

Secondary seal gaps

Within 60 days of

the initial fill and at

least once per year

thereafter.

Visual inspection when Tanks are emptied and degassed

Tank content - Maximum vapor press. Recordkeeping at least 5 years

- Volatile organic liquid (VOL) stored

- The period of storage

EU-37. Fugitive VOC Sources Leak Repairs Recordkeeping
 

Environmental Protection and Growth Management Department 

POLLUTION PREVENTION, REMEDIATION AND AIR QUALITY DIVISION 

One North University Drive, Suite 203, Plantation, Florida 33324 (954-519-1260 * Fax: 954-519-1495) 

Broward County Board of County Commissioners

Sue Gunzburger • Kristin D. Jacobs • Albert C. Jones • Ken Keechl • Ilene Lieberman • Stacy Ritter • John E. Rodstrom, Jr. • Diana Wasserman-Rubin • Lois Wexler 

www.broward.org

NOTICE OF FINAL TITLE V AIR OPERATION PERMIT

Mr. Dudley Tarlton 

Responsible Official 

1670 Broadway, Suite 3100 

Denver, CO 80202 

Re: Title V Air Operation Permit Revision

 Permit Project No.: 0110069-019-AV 

 TransMontaigne Terminals, LLC - Port Everglades North Terminal

Dear Mr. Dudley Tarlton: 

Enclosed is the FINAL Permit, No. 0110069-019-AV. The purpose of this permitting project is to revise the source 

existing Title V permit No. 0110069-013-AV, which was issued on 9/1/2005, to incorporate a name change, the 

operation of two new natural gas fired hot oil heaters, and the operation of a newly constructed Marine Loading/ 

Unloading and Vessel Bunkering facility. The facility is located in Broward County. This permit renewal is issued 

pursuant to Chapter 403, Florida Statutes (F.S.). There were no comments received from Region 4, U.S. EPA, 

regarding the PROPOSED Permit. 

Any party to this order (permit) has the right to seek judicial review of it under Section 120.68, F.S., by the filing of a 

Notice of Appeal, under Rule 9.110 of the Florida Rules of Appellate Procedure, with the Clerk of the Broward County 

Attorney Office, 115 South Andrews Avenue, Room 423, Fort Lauderdale, Florida 33301, and by filing a copy of the 

Notice of Appeal accompanied by the applicable filing fees with the appropriate District Court of Appeal. The Notice 

of Appeal must be filed within thirty days from the date this notice is filed with the clerk of the Broward County 

Attorney Office. 

Executed in Plantation, Florida. 

__________________________ 

Daniela Banu 

Air Quality Administrator 

Broward County Pollution Prevention, Remediation and Air Quality Division 

CERTIFICATE OF SERVICE

The undersigned duly designated deputy agency clerk hereby certifies that this NOTICE OF FINAL TITLE V AIR OPERATION PERMIT 

(including the FINAL Determination and the FINAL Permit) was sent by certified mail or electronically (with Received Receipt) before the close 

of business on ______________ to the person(s) listed or as otherwise noted: 

Mr. Dudley Tarlton, Responsible Official 

The undersigned duly designated deputy agency clerk hereby certifies that a copy of this NOTICE OF FINAL TITLE V AIR OPERATION 

PERMIT was sent by U.S. Mail or electronically (with Received Receipt) before the close of business on ______________ to the person(s) listed 

or as otherwise noted: 

Christopher G. Stirrat, P.E. 

Lee Hoefert, PE, District Air Program Administrator, FDEP Southeast District Barbara Friday, BAR 

Barbara Friday, BAR [barbara.friday@dep.state.fl.us] (for posting with Region 4 , U.S. EPA) 

FILING AND ACKNOWLEDGMENT FILED, on this date, pursuant to §120.52(7), Florida Statutes, with the designated Department Clerk, 

receipt of which is hereby acknowledged. 

 (Clerk) (Date) 
FINAL Determination

Title V Air Operation Permit Revision 

FINAL Permit Project No.: 0110069-019-AV 

TransMontaigne Terminals, LLC 

Site: TransMontaigne Terminals, LLC - Port Everglades North Terminal

Page 1 of 1 

I. Comment(s). 

 No comments were received from the USEPA during their 45 day review period of the PROPOSED Permit. 

II. Conclusion.

 In conclusion, the permitting authority hereby issues the FINAL Permit. 

Attachment I-1 

List of Insignificant Emissions Units and/or Activities

TransMontaigne Port Everglades North Terminal Permit No.: 0110069-019-AV 

The facilities, emissions units, or pollutant-emitting activities listed in Rule 62- 210.300(3)(a), 

F.A.C., Categorical Exemptions, are exempt from the permitting requirements of Chapters 62-210 

and 62-4, F.A.C.; provided, however, that exempt emissions units shall be subject to any applicable 

emission limiting standards and the emissions from exempt emissions units or activities shall be 

considered in determining the potential emissions of the facility containing such emissions units. 

Emissions units and pollutant-emitting activities exempt from permitting under Rule 62-

210.300(3)(a), F.A.C., shall not be exempt from the permitting requirements of Chapter 62-213, 

F.A.C., if they are contained within a Title V source; however, such emissions units and activities 

shall be considered insignificant for Title V purposes provided they also meet the criteria of Rule 62-

213.430(6)(b), F.A.C. No emissions unit shall be entitled to an exemption from permitting under

Rule 62.210.300(3)(a), F.A.C., if its emissions, in combination with the emissions of other units and 

activities at the facility, would cause the facility to emit or have the potential to emit any pollutant in 

such amount as to make the facility a Title V source. 

The below listed emissions units and/or activities are considered insignificant pursuant to Rule 

62-213.430(6), F.A.C. 

1. All miscellaneous storage tanks with a capacity less than 10,500 gallons 

2. Terminal Rectifiers (Electrical insulating oil for cathodic protection system) 

3. Miscellaneous maintenance painting operations 

4. Fuel blenders for blending No. 6 and No. 2 Fuel Oil 

5. Small gas engines (<20 hp each) used for water pumps and pressure washer 

6. Miscellaneous maintenance and repair shop activities involving small quantities for VOCs 

7. Tanker truck unloading of crude oil 

8. Miscellaneous parts washing with diesel fuel 

9. Anti-freeze (approximately 25 gal/year) added to the flare knockout tank for corrosion protection. 

10. Mobile Sources 

11. Vehicle Fueling 

12. Boat Motors 

13. Gas explosion Meters and Calibration Gases 

14. Propane Storage Tanks 

15. HVAC Systems 

16. Truck Rack Funnel/Slop Buckets 

17. Emergency Tank Unloading 

18. Monitoring Wells 

19. Lawn Maintenance and Equipment 

20. Storm water Ponds 

21. Chemical/Solvent Storage in Closed Containers 

22. Waste Storage in Closed Containers 

23. Sample Collection and Storage in Closed Containers 

24. All Applicable Activities Identified in White Paper for Streamlined Development of Part 70 

Permit Applications, September 1, 1999, Florida Department of Environmental Protection 

(FDEQ) Guidance Memoranda DARM-PER-12, 03/01/00 (attached) 
ATTACHMENT H-1: PERMIT HISTORY 

____________________________________________________________________________________

TransMontaigne North Port Everglades Terminal Permit No.: 0110069-013-AV 

E.U. No.

Brief Description

29 Hot Oil Heaters 

30 Marine Loading/Unloading (Berth 6) with VRU 

31 Petroleum Products Loading Rack with VRU

33 Fixed Roof Tanks 201,202,204-211,225-231 

37 Miscell. VOC Sources (uncontrolled Asphalt loading, valves, etc) 

38 Boiler No.1 

39 Diesel Fired Engines - yard usage 

40 Tanks with Internal Floaters (203,207,212-218,220 & 223) 

44 External Floating Roof Tanks 219, 224 

E.U. 

ID No. 

Description Permit No. Effective 

Date 

Expiration 

Date 

All Operation: Storage tanks, loading racks, hot oil 

boilers. AO 06-31100 7/11/1980 7/11/1985 

31 Construction: Loading rack and a VRU. AC 06-58230 12/22/1982 12/22/1983 

40 Construction: Fixed roof tanks PM-12 and 

PM-13 and modify PM-5, PM - 6, PM-8, and 

PM-11 from fixed roof to internal floaters. AC06085700 10/3/1984 7/3/1985 

All Operation: Storage tanks, loading racks, hot oil 

boilers. AO 06123945 11/21/1986 11/30/1991 

29 Construction: Two 30,000 vertical lube oil 

tanks #11 and 14. AC06100328 5/17/1985 5/17/1986 

33 Construction: Fixed roof tank #228 and modify 

internal floater tank #226. Both tanks store 

ethanol. AC06116680 7/7/1986 7/7/1987 

31 Construction: Replace the McGill VRU with a 

flare. Add emission limits. AC 06-118495 9/30/1987 9/30/1988 

All Operation: Storage tanks, loading racks, hot oil 

boilers. AO06147612 9/30/1988 9/30/1991 

All Operation: Storage tanks, loading racks, hot oil 

boilers. AO06204097 12/23/1991 11/30/1996 

29 Construction: Construct two hot oil heaters. AC06265705 7/13/1995 4/1/1996 

29 Operation: Operate two hot oil heaters. 0110069001AO 1/10/1996 1/10/2001

30 Construction: Construct vapor recovery system 

at the Marina (Berth #7). Revisions to product 

throughputs. 0110069002AC 10/16/1996 7/1/1997 

30 Extension of 0110069002AC 0110069005AC 5/20/1997 1/1/1998

31 Construction: Construct vapor recovery unit at 

the bulk terminal. Revisions to product 

throughputs. 0110069004AC 8/13/1997 8/15/1998 

30 Extension of 0110069005AC 0110069006AC 12/10/1997 6/1/1998

30 Extend 0110069004AC and 0110069006AC 0110069008AC 8/31/1999 8/31/2004 

30 Extend 0110069006AC 0110069007AC 9/9/1998 12/1/1998
ATTACHMENT H-1: PERMIT HISTORY 

____________________________________________________________________________________

30 Extend 0110069008AC 0110069009AC 5/11/1999 12/1/1999

All Operation: Initial Title V Permit 0110069003AV 8/31/1999 8/31/2004 

40 Construction: Construct Loading Rack -5 

Lanes/ 1 new tank/ modify existing tanks 0110069011AC 10/16/2002 10/16/2003 

40 Extension of 0110069011AC 0110069012AC 9/18/2003 10/16/2004 

40 Extension of 0110069012AC 0110069014AC 9/28/2004 9/28/2005 

All Operation: TV Renewal of 0110069003AV 0110069013AV 9/1/2005 8/31/2010 

33, 40 Construction: Construction - (9) Storage Tanks 0110069015AC 9/28/2007 9/28/2008 

30 Construction: Construct Marina Loading/ 

Unloading and Vessel Bunkering at Berth #6 

(inactivate Berth #7 operations). 0110069016AC 12/17/2007 12/17/2008 

33, 40 Extension of 0110069015AC 0110069017AC 10/1/2008 9/28/2009 

30 Extension of 0110069016AC 0110069018AC 12/30/2008 12/17/2009 
STATEMENT OF BASIS 

FINAL 

Title V Air Operation Permit Revision 

TransMontaigne Terminals, LLC - Port Everglades North Terminal 

Permit No. : 0110069-019-AV 

Applicant: The applicant for this project is TransMontaigne Terminals, LLC. The applicant’s responsible 

official and mailing address are: Mr. Dudley Tarlton, Vice-President, TransMontaigne Product Services, Inc., 

P.O. Box 5660, Denver, Colorado 80217-5660 

Project Description: The purpose of this permitting project is to revise the source existing Title V permit No. 

0110069-013-AV, which was issued on 9/1/2005, to incorporate a name change, the operation of two new natural 

gas fired hot oil heaters, and the operation of a newly constructed Marine Loading/ Unloading and Vessel 

Bunkering facility.

Facility Description: The applicant operates the TransMontaigne Terminals, LLC - Port Everglades North Bulk 

Petroleum Products Terminal, which is located at 1180 Spangler Road, Fort Lauderdale, Broward County, 

Florida. The primary emission sources of volatile organic compounds (VOC) and hazardous air pollutants (HAP) 

are: 

• Gasoline Loading Rack with a Vapor Recovery Unit (VRU) 

• Hot Oil Heaters 

• Marine Loading/Unloading and Vessel Bunkering with VRU 

• Boiler No.1 

• Fixed Roof Storage Tanks 

• External Floating Roof Storage Tanks 

• Fugitive VOC Sources (Asphalt, Fuel Oil #2,6 Loading Racks, ...) 

• Diesel Fired Engines - Yard Usage 

Also included in this permit are miscellaneous insignificant emissions units and/or activities. 

Primary Regulatory Requirements 

Title III: The facility is a major source of HAP. 

Title V: The facility is a Title V major source of VOC in accordance with Chapter 62-213, Florida Administrative 

Code (F.A.C.). 

PSD: The facility is a Prevention of Significant Deterioration (PSD) synthetic minor source of VOC in 

accordance with Rule 62-212.400, F.A.C. 

NSPS: The facility operates emission units subject to the New Source Performance Standards (NSPS) of 40 Code 

of Federal Regulations (CFR) 60. 

NESHAP: The facility is subject to the National Emissions Standards for Hazardous Air Pollutants (NESHAP) 

Subpart R for Gasoline Distribution Facilities, and 40 CFR 63 Subpart Y for the Marine loading operations. 

CAM: Compliance Assurance Monitoring (CAM) does apply to the Marine Loading/Unloading and Vessel 

Bunkering with VRU 

Project Review 

This facility was renamed from Coastal Terminals, LLC to TransMontaigne Terminals, LLC - Port Everglades 

North Terminal. This Title V permit revision incorporates the operation of two new natural gas fired hot oil 

heaters, and a new Marine Loading/ Unloading and Vessel Bunkering facility at Berth #6 (construction permit, 

No. 0110069-016-AC issued 12/17/2007). After incorporating the revisions to the existing TV permit, the source 

remains minor for VOC under the PSD program. 

Conclusion 

This Title V air operation permit revision is issued under the provisions of Chapter 403, Florida Statues (F.S.), 

and Chapters 62-4, 62-210, 62-213 and 214, F.A.C. In accordance with the terms and conditions of this permit, 

the above named permittee is hereby authorized to operate the facility as shown on the application and approved 

drawings, plans, and other documents, on file with the permitting authority.
Attachment U-1 

List of Unregulated Emissions Units and/or Activities. 

TransMontaigne Port Everglades North Terminal Permit No.: 0110069-019-AV 

Unregulated Emissions Units and/or Activities. An emissions unit which emits no “emissions-limited 

pollutant” and which is subject to no unit-specific work practice standard, though it may be subject to 

regulations applied on a facility-wide basis (e.g., unconfined emissions, odor, general opacity) or to 

regulations that require only that it be able to prove exemption from unit-specific emissions or work 

practice standards. 

The below listed emissions units and/or activities are neither ‘regulated emissions units’ nor ‘insignificant 

emissions units’. 

E.U. ID 

No. Brief Description of Emissions Units and/or Activity 

 

-39 Diesel Fired Engines - Yard Usage 

QTY

Description of 

Engine

Construction 

Date

Cylinder 

Displacement

(Liters)

Rated 

Horsepower

(hp)

4 Cummins Diesel 8/30/1989 14.0 270

2 Detroit Diesel 1980 6.1 110

1 Detroit Diesel 1980 14.3 300