79 Elm Street • Hartford, CT 06106

- 5127 www.ct.gov/deep Affirmative Action/Equal Opportunity Employer

April 8 , 20 1 4

David B. Conroy, Chief Air Programs Branch United States Environmental Protection Agency

– Region 1 5 Post Office Square

- Suite 100 Boston, MA 02109

- 3912

Re: Revision to the Connecticut State Implementation Plan for Aboveground Stora ge Tanks

Dear Mr. Conroy:

This package is a revision to the State Implementation Plan (SIP) concerning v olatile organic compounds (VOC) emissions from la rge aboveground storage tanks

. Pursuant to 40 CFR 51, Appendix V, Section 2.1(a) and the April 21, 2 011 letter agreement between our two agencies , a copy of the final regulation and documentation of the public hearing are provided. An electronic copy of this submission has also been mailed to the copy recipient s listed below. I certify that such copy i s an exact copy of this paper submission.

The Connecticut Department of Energy and Environmental Protection ( DEEP ) revised Regulations of Connecticut State Agencies ( RCSA ) section 22a

- 174

- 20( a ) to update the requirements for controlling VOC emissions fr om large aboveground storage tanks

. DEEP completed the adoption of the r egulatory requirements on March 7 , 201 4

. Effective the same date, DEEP also made minor revisions to RCSA section s 22a

- 174

- 20( b )

, (c) and ( x ). All of these
revisions are elements of this SIP revision and are included in Attachment A.

All required state and federal procedures for public participation were followed , including satisfaction of the requirements of 40 CFR 51, Appendix V, Section 2. To demonstrate
satisfaction of the feder al public participation requirements, we have enclosed a certified copy of the regulatory revisions; the public notice; a list of attendees at the public hearing; certification of public hearing; and a hearing report, which summarizes comments received, id entifies the commenters and describes changes made as a result of the comments. DEEP has the necessary legal authority to adopt and implement such requirements as demonstrated in previous SIP
submissions

. The submitted attachment s include the following:

Attachment A Revisions to RCSA section 22a

- 174

- 20, effective on March 7

, 201 4

, in the form filed with the Secretary of the State including revisions required in the Legislative Commissioners’ Office report , marked with brackets and underlined

text to show the changes to the current SIP requirements.

### Page 2

David B. Conroy April 8,2014

Attachment B Publicnotice as published in the Connecticut Law Journal and on the DEEP

website on January 10, 2013.

Attachment C Attendees at the public hearing on Mar~ch 7, 2013, DEEP Headquarters, 79 Elm

Street, Hartford, CT :

Attachment D Certification of public hearing

Attachment E Hearing report

Attachment F Legislative Commissioners’ Office report



### If you require additional information or have any questions about this submission, please get in touch with Robin Baena of the Bureau of Air Management at (860) 424-3196 or robin.baena@ct.gov.

Sincerely,

Anne R. Gobin Chief, Bureau of Air Management

cc~ 

### Anne Arnold, EPA Region 1 Robert McConnell, EPA Region 1Attachment A

Revisions to RCSA section 22a

- 174

- 20, effective on March 7, 201 4, in the form filed with the

Secretary of the State, marked with brackets and underlined text to show the changes to the current SIP requirements.R-39 Rev. 08/2012

IMPORTANT: Read
instruction~ on bottom of last page (Certification Page) before completing this form. Failure to comply with instructions may cause disapproval of proposed regulations 

## State of Connecticut
REGULATION of Page 1 of 15

NAME OF AGENCY " ~’ "

Energy and Environmental Protection

.,, Concerning

SUBJECT MATTER OF REGULATION :

Amendmen~ of Section 22a-174-20 of the Regulations of Connecticut State Agencies (RCSA) Co.ntrol of Organic Compound Emissions

,. Section 1. Subsection (a) of,section 22a-174-20 of the Regulations of Connecticut State Agencies is amended to read as follows:



### Sec. 22a-174-20. Control of organic compound emissions ,

(a) Storage of ["]volatile organic compounds["] and restrictions for the Reid [Vapor Pressure] vapor pressure of gasoline.



### [(a)](1) Defil~tions. For the purposes of this subsection and subsections (b) and (c) of tiffs section:

_(A) "Aboveground" means located on or above the surface of the _ground, partially

buried, bunkered or located in a subterranean vault;

"Approved control system" means, a vapor balance system or a vapor recovery system[.];

"Degassing" means the process of removing organic vapors from a storage tank in preparation for human entry;



### "Delivery vehicle" means a tank truck, tank-equipped trailer, railroad tank car, or other ["]mobile source["] equipped with a storage ["]tank["] .used for the transportation of gasoline from ["]sources["] of supply to any stationary storage ["]tank[."];

"Dispensing facility" means any site where gasoline is delivered to motor vehicles other than agricultural vehicles from any stationary storage ["]tank["] with a capacity of 250 gallons or more[.];

"Floating roof" means a movable roof in a storage vessel consisting of a floating deck resting on the surface of the liquid contents, a continuous seal supported against the inner surface of the tank shell, and an envelope closing the gap between the floating deck and the seal. The entire deck, seal and envelope combination is free to rise and fall with the surface of the liquid during filling and emptying of the storage vessel;Page 2 of 15

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- 39 Rev. 08/2012

(G) “Gasoline” means any petroleum distillate or petroleum distillate and alcohol
blend [having a reid vapor pressure of four pounds or greater] commercially
kno wn or sold as “gasoline” and commonly used as [a motor vehicle] an internal combustion engine fuel[.] ;

(H) “Gasoline storage tank farm” means a [“premise”] premises with any individual [“]gasoline[”] storage [“]tank[”] with a capacity equal to or greater tha n forty thousand (40,000) gallons[.] ;

(I) “Leak

- free” means a condition that exists when the reading on a portable hydrocarbon analyzer is less than 500 ppm, expressed as methane, above background, measured using EPA Method 21, as identified in 40 CFR Part 60, Appendix A, Determination of Volatile Organic Compounds Leaks;

(J) “Loading facility” means any combination of equipment located on a premises and used to load or unload any VOC with a vapor pressure of 0.75 pounds per square inch or greater under standard c onditions;

(K) “Reid [Vapor Pressure] vapor pressure ” or “RVP” means the vapor pressure of a liquid in pounds per square inch absolute at one hundred (100) degrees fahrenheit as determined by American Society for Testing and Materials method [D323

- 82

“ Standar d Method for Vapor Pressure of Petroleum Products (Reid Method).]
D5191

- 07 “ Standard Test Method for Vapor Pressure of Petroleum Products (Mini Method) ; ”

(L) “Roof landing” means the reduction of the liquid level in a floating roof tank so that the floating ro of is no longer floating on the surface of the stored liquid but is resting on its legs or is supported from above by cables or hangers;

(M) "Storage tank" means any tank, reservoir or vessel that is a container for liquids or gases, wherein:

(i) No manufactu ring process, or part thereof, other than filling or emptying takes place, and

(ii) The only treatment carried out is treatment necessary to prevent change from occurring in the physical condition or chemical properties of the liquids or gases deposited i nto the container. Such treatment may include, but is not limited to, recirculating, agitating, maintaining the temperature of the stored liquids or gases, replacing air in the vapor space above the stored liquids or gases with an inert gas to inhibit the occurrence of a chemical reaction or adding a biocide to prevent microbial growth;

(N) “Throughput” means the number of gallons delivered through all equipment at a dispensing facility or a loading facility over a specified time interval[ .] ;

(O) “ Underground” m eans “underground” as defined in section 22a

- 449(d)

- 1(a)(2) of the Regulations of Connecticut State Agencies;Page 3 of 15

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- 39 Rev. 08/2012

(P) “Vapor balance system” means a combination of pipes or hoses [which] that creates a closed connection between the vapor spaces of an unloading [“] tank[”] and receiving [“]tank[”] such that vapors displaced from the receiving [“]tank[”] are transferred to the [“]tank[”] being unloaded and for which the vapor space connections on the unloading tank, the receiving tank and the pipes or hoses used

are e quipped with fittings [which] that are vapor

- tight and [which] will automatically and immediately close upon disconnection so as to prevent the release of vapors. [The complete system as a whole and not just the individual components shall have been tested and approved by a nationally recognized testing laboratory.] ;

(Q) “Vapor recovery system” means a device or system [of devices with attendant valves, fittings, piping, and other appurtenances incorporating a means for the incineration of vapors or the liquef action of vapors by absorption, adsorption, condensation or other means. The complete system as a whole and not just the individual components shall have been tested and approved by a nationally recognized testing laboratory .] that collects vapors to preve nt release into the atmosphere. Collected vapors are recovered for use or destroyed; and

(R) "Vapor

- tight" means not capable of allowing the passage of gases at the pressures
encountered.

[(a)(2) No “person” shall place, store or hold in any stationary “tank” reservoir or other container of more than 40,000 gallons capacity any “volatile organic compound” with a vapor pressure of 1.5 pounds per square inch absolute or greater under actual storage conditions unless the “tank,”
reservoir or other container is a pressure “tank” capable of maintaining working pressures sufficient at all times to prevent vapor or gas loss to the atmosphere or is designed, and equipped, with one of the vapor loss control devices listed in subparagraphs (A) through (D) below. If the

c ontrol devices specified in subparagraphs 22a

- 174

- 20(a)(2)(A) or (a)(2)(D) are used to comply with the requirements of this subdivision, then the requirements of subdivision 22a

- 174

- 20(a)(8) must also be met.]

(2) No owner or operator shall place, store or hold in any aboveground storage tank of 40,000 gallons (150,000 liters) capacity or greater any VOC with a vapor pressure of 0.75 pounds per square inch or greater under standard conditions unless the tank is designed and equipped with a vapor loss cont rol device identified in either subparagraph (A), (B), (C) or (D)
of this subdivision.

(A) The tank is a pressure tank capable of maintaining working pressures sufficient at all times to prevent vapor or gas loss to the atmosphere;

[ (A)] (B) [A] The tank is equipped with a fixed roof and a floating roof[, consisting of a pontoon type, double deck type roof or internal floating cover, which will rest]
that rests on the surface of the liquid contents and [be] is equipped with a closure
seal or seals to close t he space between the roof edge and [“]tank[”] wall. This control equipment is not permitted if the [“volatile organic compound”] VOC has a vapor pressure of 11.0 pounds per square inch absolute (568 mm[.] Hg)[,] or greater under [actual storage] standard c onditions. [All “tank” gauging or sampling devices must be gas

- tight except when “tank” gauging or sampling isPage 4 of 15

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- 39 Rev. 08/2012

taking place.] The owner or operator shall operate and maintain such a tank to
ensure that:

(i) There are no visible holes, tears or other openi ngs in the seal or any seal
fabric or materials

,

(ii) All openings except stub drains are equipped with covers, lids or seals
such that:

(I) The cover, lid or seal is in the closed position at all times except when in actual use,

(II) Automatic bleeder vents are closed at all times except when the roof is being floated off or being landed on the roof leg supports,
and

(III) Rim vents, if provided, are set to open to the manufacturer's recommended setting when the roof is floated off the roof leg support s or cables,

(iii) All tank gauging and sampling devices are vapor

- tight except when tank gauging or sampling is taking place, and

(iv) No liquid accumulates on the top of the floating roof;

[(B)] (C) [A] The tank is equipped with a fixed roof and a [“]vap or recovery system[” which collects all volatile organic compound vapors and gases discharged from the tank and a vapor return or disposal system which] that is designed and operated to [process such vapors so as to] reduce [their emission] emissions of
VO C s to the atmosphere by at least 95 percent by weight. An owner or operator limiting vapor loss according to this subparagraph shall perform the following actions no later than ten years after the effective date of this subsection if the tank
is in existen ce prior to the effective date of this subsection or by the initial fill date
if a tank is constructed on or after the effective date of this subsection:

(i) Equip any gauging or sampling device on the tank with a leak

- free cover
that shall be closed at al l times, with no visible gaps, except during gauging or sampling,

(ii) Maintain the fixed roof in a leak

- free condition with no holes, tears or uncovered openings,

(iii) Install and maintain each roof opening in a leak

- free condition at all times except w hen the cover is open for access or when a vent is required to be open to relieve excess pressure or vacuum in accordance with the manufacturer’s design

, and

(iv) Once per month, demonstrate compliance with this subsection by inspecting the fittings locate d on the roof, piping, pressure relief valves and all other valves to ensure they are leak

- free using EPA Method 21 orPage 5 of 15

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- 39 Rev. 08/2012

using another method approved by the commissioner and the Administrator; or

[(C)] (D) [Other] The tank is equipped with other equipment or means of air pollution
control with an efficiency equal to or greater than that required under subparagraph [22a

- 174

- 20(a)(2)(B)] (C) of this subdivision [for purposes of “air pollution” control as may be] that is approved by the [“Commissioner”]
commiss ioner [by] in a permit or order , where such permit or order has been approved by the Administrator

.
[(D) On or after June 1, 1985 a floating roof, consisting of a pontoon type, double deck type roof or external floating cover, which will rest on the surfac e of the liquid contents and be equipped with primary and secondary closure seals to close the space between the roof edge and the tank wall. This control equipment is not permitted if the volatile organic compound has a vapor pressure of 11.0 pounds per

s quare inch absolute (568 mm. Hg), or greater under actual storage conditions. All tank gauging or sampling devices must be gas

- tight except when tank gauging or sampling is taking place. The owner or operator of any tank subject to this provision
shall ens ure that:

(i) Any seal is intact and uniformly in place around the circumference of the floating roof between the floating roof and the tank wall;

(ii) The total area of gaps, determined in accordance with the requirements of
subdivision 22a

- 174

- 20(a)(9) , exceeding 0.125 inches in width between the secondary closure seal and the tank wall does not exceed 1.0 square inch per foot of tank diameter;

(iii) A secondary closure seal gap measurement as specified in (ii) above is made annually;

(iv) A visual in spection of the secondary closure seal is conducted semi

- annually;

(v) Any emergency roof drain is provided with a slotted fabric cover which covers at least ninety percent (90%) of the area opening.]

(3) An owner or oper ator limiting vapor loss in accor dance with subdivision (2)(B) of this subsection shall conduct inspections as follows:

(A) Once per month visually inspect the floating roof deck, deck fittings and rim seal system through the roof hatches of the fixed roof to determine compliance with
th e requirements of subdivision (2)(B) of this subsection; and

(B) Whenever the tank is emptied and degassed, but no less than once every 10 years, conduct an inspection from within the tank by:

(i) Visually inspecting the floating roof deck, deck fitting s and rim seal system to determine compliance with the requirements of subdivision (2)(B) of this
subsection and ensure that the seal between the floating roof and the tank wall is uniform, andPage 6 of 15

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(ii) Physically measuring gaps between any deck fitting gasket , seal or wiper and any surface that such gasket, seal or wiper is intended to seal. Gaps shall
not exceed 0.125 inches.

(C) The inspection specified in subparagraph (B) of this subdivision may be performed entirely from the top side of the floating roof a s long as there is visual access to all deck components specified in subdivision (2)(B) of this subsection.

(4) For any tank subject to subdivision (2) of this subsection, if any piping, valves, vents, seals, gaskets or covers of roof openings are found to have defects or visible gaps or the VOC control requirements of this subsection are not met, the owner or operator shall:

(A) If the tank is not storing liquid, complete repairs or replacements prior to filling the tank;

(B) If the tank is storing liqui d, complete repairs or replacements or remove the tank from service within 45 days after discovery of the defect or visible gap. If the owner or operator anticipates that a repair or replacement cannot be completed or the tank cannot be emptied within suc h 45 day period , the owner or operator shall notify the commissioner prior to the end of such 45 day period. The owner or operator shall make repairs or completely empty the tank as soon as possible; and

(C) Any evidence of leakage as described in this su bsection shall also be treated as a malfunction of control equipment as described in section 22a

- 174

- 7 of the Regulations of Connecticut State Agencies.

[(a)(3)] (5) No [“]person[”] shall place, store, or hold in any stationary storage vessel of more
tha n 250

- gallon (950 liter) capacity any [“volatile organic compound”] VOC with a vapor pressure of [1.5] 0.75 pounds per square inch or greater under [actual storage] standard conditions unless such vessel is equipped with a permanent [“]submerged fill pipe[ ” with a discharge point eighteen (18) inches or less from the bottom of the storage vessel] or is a pressure [“]tank[”] as described in subdivision [22a

- 174

- 20(a)(2)] (2)(A) of this subsection

. Submerged fill pipes installed on or prior to the effective date of this subsection shall have a discharge point no more than 18 inches from the bottom of the storage tank or be compliant with the requirements of 40 CFR 63 Subpart CCCCCC. Submerged fill pipes installed after the
effective date of this subsection s hall have a discharge point no more than six inches from the bottom of the storage tank.

[(a)(4)] (6) The provisions of subdivision [22a

- 174

- 20(a)(3)] (5) of this subsection shall not apply
to the following:

(A) [loading] Loading of [“volatile organic comp ounds”] VOC s into any storage vessel having a capacity of less than one

- thousand (1,000) gallons [which was] installed prior to June 1, 1972[,] ;

(B) [nor to any] Any underground storage vessel installed prior to June 1, 1972, where the fill pipe between t he fill connection and the storage vessel is an [“]offset fill pipe[.”] ; orPage 7 of 15

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(C) Any aboveground storage tank equipped with a floating roof.

(7) The external surfaces of any storage tank containing VOCs with a vapor pressure of 0.75 pounds per square inch or greater under standard conditions that has a maximum capacity of 2,000 gallons (7,570 liters) or greater and is exposed to the rays of the sun shall be either mill

finished aluminum or painted and maintained white upon the next painting of the tank, or upon being returned to service after being out of service for the first time after the effective date of this subsection, whichever is sooner, and no less than 10 years after the effective date of this subsection, except the requirement to use mill

- finishe d aluminum or white paint shall not apply to words and logograms applied to the external surface of the storage tank for purposes of identification provided such symbols do not cover more than 20 percent of the external surface
area of the tank's sides and top or more than 200 square feet (18.6 square meters), whichever is
less.

(8) When performing a roof landing of a floating roof tank, the owner or operator of any tank
shall :

(A) When the roof is resting on its leg supports or suspended by cables or han gers, empty and refill the tank as a continuous process; and

(B) After the tank is degassed for the first time after the effective date of this subsection, any in

- service roof landing shall be with the landed height of the floating roof at its minimum set ting.

(9) An owner or operator of an aboveground storage tank shall perform degassing and cleaning as set out in this subdivision.

(A) Beginning with the first June 1 after the effective date of this subsection, an owner or operator shall not perform de gassing of any aboveground storage tank subject to subdivision (2) of this subsectio n during the period from June 1 through August 31 of any calendar year, except as provided in subparagraph (B) of this
subdivision

.

(B) Notwithstanding subparagraph (A) of this subdivision, an owner or operator may degas an aboveground storage tank at any time for the purpose of performing a repair that is necessary for safe and proper function of the tank. An owner or operator shall notify the commissioner when a tank i s emptied and degassed under this subparagraph within 72 hours of completing the degassing and repair. Such notification shall be submitted to the Compliance Assistance and Coordination Unit of the Bureau of Air Management and shall include the following
information:

(i) Identification of the facility and the tank degassed,

(ii) Identification of the VOC stored,

(iii) An explanation of the need to degas the tank during the period from June 1 through August 31,Page 8 of 15

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- 39 Rev. 08/2012

(iv) The date the owner or operator determined that degassing and repair would be necessary,

(v) The dates that degassing commenced and was completed, and

(vi) The date that inspection, repair and refilling was or is a nticipated to be completed.

(C) An owner or operator shall clean an aboveground storage tank subject to
subdivi sion (2) of this subsection using one or more of the following methods:

(i) Using any of the following cleaning agents:

(I) Diesel fuel,

(II) A solvent with an initial boiling point of greater than 302 degrees Fahrenheit,

(III) A solvent with a vapor pressure less than 0.5 pounds per square inch,

(IV) A solvent with 50 grams per liter VOC content or less, or

(V) Another cleaning agent approved by the commissioner and the Administrator, or

(ii) Steam cleaning.

(10) Records

.

(A) An owner or o perator shall maintain records including, at a minimum, the information described in subparagraph (B) of this subdivision. All such records
shall be:

(i) Made available to the commissioner to inspect and copy upon request, and

(ii) Maintained for five years from the date such record is created.

(B) An owner or operator shall maintain records of the following information:

(i) For a tank equipped with a vapor loss control device specified in subdivision (2) of this subsection:

(I) Type of VOC stored , vapor pressure and monthly throughput,

(II) A Material Safety Data Sheet or Environmental Data Sheet for each VOC stored, andPage 9 of 15

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(III) Records of the inspections conducted under subdivision (3) of this subsection including, but not limited to, date of th e inspection, results and corrective actions taken, if applicable,

(ii) Documentation of control device efficiency and capture efficiency, if applicable, using an applicable EPA reference method or alternate method as approved by the commissioner and the Administrator,

(iii) Date and type of maintenance performed on air pollution control equipment, if applicable,

(iv) Documentation of any leak detected pursuant to subdivision (4) of this subsection, including, but not limited to, the date the leak was d etected, location of the leak, type of repair made and the date of repair and explanation of the reason for delaying repair, if applicable,

(v) For each floating roof landing event, the tank contents before landing and after refilling, landed height of th e floating roof, height of any liquid remaining in the bottom of the tank after landing, duration of landing and landing emissions calculated using AP

- 42 Chapter 7 methodology,

(vi) Dates of all tank degassing activities performed pursuant to subparagrap hs (A) or (B) of subdivision (9) of this subsection,

(vii) Date, cleaning method and cleaning agents used for any cleaning performed pursuant to subparagraph (C) of subdivision (9) of this subsection, and

(viii) Any approval by the commissioner or Admi nistrator issued pursuant to
this subsection.

[(a)(5)] (11) Between May 1 and September 15 the owner or [“]operator[”] of any [“]gasoline storage tank farm[”] shall not offer for sale, sell or deliver to any [“]dispensing facility[”] in Connecticut [“]g asoline[”] with a [“]Reid Vapor Pressure[”] in excess of 9.0 pounds per square
inch.

[(a)(6)] (12) In addition to the requirements of section 22a

- 174

- 4 of the Regulations of Connecticut State Agencies , the [“Commissioner”] commissioner may by permit or or der require the owner or [“]operator[”] of any [“]gasoline storage tank farm[”] to provide records of the analysis of [“]gasoline[”] samples to determine compliance with the provisions of subdivision [22a

- 174

- 20(a)(5)] (11) of this subsection

.

[(a)(7) Any “person” who samples or tests “gasoline” for the purposes of determining compliance with subdivision 22a

- 174

- 20(a)(5) shall use the following American Society for Testing and Materials (ASTM) test methods:

(A) ASTM Method D323

- 82, “Standard Method for V apor Pressure of Petroleum Products (Reid Method)”;Page 10 of 15

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(B) ASTM Method D4057

- 81, “Standard Practice for Sampling of Petroleum and Petroleum Products”; or

(C) ASTM Method D270 “Standard Method of Sampling of Petroleum and Petroleum
Products.”

(a)(8) The o wner or operator of any “tank” which uses the control devices specified in subparagraphs 22a

- 174

- 20(a)(2)(A) or (a)(2)(D) shall ensure that such “tank” meets the requirements of subparagraphs (A) through (F) of this subdivision.

(A) There are no visible holes, tears or other openings in the seal or any seal fabric or
materials.

(B) All openings except stub drains are equipped with covers, lids or seals such that:

(i) the cover, lid or seal is in the closed position at all times except in actual use;

a nd

(ii) automatic bleeder vents are closed at all times except when the roof is being floated off or being landed on the roof leg supports; and

(iii) 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.

(C) Routine inspections are conducted through roof hatches once per month.

(D) A complete inspection of cover and seal is conducted whenever the “tank” is emptied for non

- operational reasons but in any event at l east once per year; and

(E) Records of the average monthly storage temperature, true vapor pressure, monthly throughput and type of volatile organic compounds stored are maintained and kept for a minimum of two (2) years after such record is made.

(F) R ecords of the results of the inspections conducted under subparagraphs (C) and (D) of this subdivision are maintained and kept for a minimum of two (2) years after
such record is made.

(a)(9) Compliance with the requirements regarding the total area of g aps under subparagraph
22a

- 174

- 20(a)(2)(D) shall be determined by physically measuring the length and width of all gaps around the entire circumference of the secondary seal in each place where a O.32 cm (1/8 in.) uniform diameter probe passes freely (with out forcing or binding against the seal) between the seal and the tank wall and summing the area of the individual gaps. Any person who proposes to conduct this test shall notify the Department's Air Compliance Unit not less than thirty (30) days before t he test so the Department may, at its option, observe the test.

(a)(10) The owner or operator of any tank with a capacity in excess of 40,000 gallons and which is equipped with an external floating roof shall maintain records of the average monthlyPage 11 of 15

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stora ge temperature, the type of liquid stored and its vapor pressure, for any “volatile organic compound” with a vapor pressure under actual storage conditions which is greater than 1.0 pounds per square inch but less than 1.5 pounds per square inch.]

(13) Sa mples to be analyzed for RVP shall be collected and handled according to the applicable procedures in American Society for Testing and Materials method D 5842

– 95(2000), “Standard Practice for Sampling and Handling of Fuels for Volatility Measurement.”

(14) RVP shall be determined using American Society for Testing and Materials method
D5191

- 07 (2007), except that the following correlation equation shall be used:

RVP psi = (0.956 * X) − 0.347.

Sec 2. Subdivisions (1) through (4) of subsection (b) of section 22a

- 174

- 20 of the Regulations of Connecticut State Agencies are amended to read as follows:

(1) [Additional definitions. For the purposes of this subsection the following definition shall apply: “Loading facility” means any aggregation or combination of equipment located on a premises and used to load or unload any volatile organic compound with a vapor pressure of 1.5 pounds per square inch or greater under actual storage conditions.] Reserved.

(2) No person shall load or permit the loading of any [volatile organic compound] VOC with a vapor pressure of [1.5] 0.75 pounds per square inch or greater under [actual storage] standard conditions into any deliver y vehicle from any loading facility with a throughput of 10,000 gallons or more in any one day unless such loading facility is equipped with a vapor collection and [disposal] vapor recovery system or its equivalent, properly installed, in good working orde r, and in operation, and :

(A) [the] The vapors discharged from the delivery vehicle during loading are processed by a vapor recovery system; and

(B) [the] The amount of [volatile organic compounds] VOCs released to the ambient
air is less than 80 milli grams per liter of liquid loaded over a six (6) hour period. To determine compliance with this requirement the reference methods and test procedures found in [Title] 40 [Code of Federal Regulations Part] CFR 60.503(a) and [Part] 60.503(c), respectively

, sh all be used.

(3) No person shall load or permit the loading of any [volatile organic compounds] VOC with a vapor pressure of [1.5] 0.75 pounds per square inch or greater under [actual storage]
standard conditions into any delivery vehicle having a capaci ty in excess of 200 gallons (760 liters) from any loading facility with a throughput of 10,000 gallons or more in any one day unless such loading facility is equipped with a loading arm with a vapor collection adaptor, pneumatic, hydraulic, or other mechan ical means to force a vapor

- tight seal between the adaptor and the hatch. A means shall be provided to prevent liquid organic compounds drainage from the loading device when it is removed from the hatch of any delivery vehicle, or to accomplish complete d rainage before such removal. When loading is effected through means other thanPage 12 of 15

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hatches, all loading and vapor lines shall be equipped with fittings [which] that make vapor

- tight connections and [which] close automatically when disconnected.

(4) Subdivis ions (2) and (3) of this subsection shall apply only to the loading of [volatile organic compounds] VOCs with a vapor pressure of [1.5] 0.75 pounds per square inch or greater under [actual storage] standard conditions at a facility from which at least 10,0 00 gallons of such organic compounds are loaded in any one day. The applicability of subdivisions (2) and (3) of this subsection shall be based upon a thirty day rolling average

, and once a loading facility exceeds this limit, the requirements of subdivis ions (2) and (3) of this subsection shall [always] apply.

Sec 3. Subsection (b) of section 22a

- 174

- 20 of the Regulations of Connecticut State Agencies is amended by adding subdivision (17):

(NEW)

(17) The owner or operator of a loading facility with a throughput of 4,000 gallons or more in any day shall not cause, allow or permit leakage from any equipment in VOC service, including but not limited to pumps, valves and compressors. The owner or operator of any equipment in VOC service that is leaking as determined by sight, smell, sound or measurement of VOC s in excess of 5000 parts per million shall repair such leak no later than fifteen days after detection. A request to delay a repair of a leak may be made to the commissioner and the Administrator in writing if the repair is infeasible for technical or safety reasons. Such a request shall be submitted no later than 15 days after detection of the leak.

Sec 4. Subsection (c) of section 22a

- 174

- 20 of the Regulations of Connecticut State Agencies is amended to read as follows:

(c) [“]Volatile organic compound[” /] and water separation. No [“person”] owner or operator shall use any compartment of any single or multiple compartment [“]volatile organic compound[”/ “] and waste water separator[” which] that receives effluent water containing 200 gallons (760 liters) a day or more of any [“volatile organic compound”] VOC with a vapor pressure of 1.5 pounds per square inch or more from any equipment processing, refining, treating, storing, or handling [“v olatile organic compounds”] VOC s unless such compartment is equipped with one or more of the following vapor loss control devices, properly installed, in good working order, and in operation:

(1) A container having all openings sealed and totally enclosi ng the liquid contents. All gauging and sampling devices shall be [gas

- tight] vapor

- tight except when gauging or sampling is taking place[.] ;

(2) A container equipped with a floating roof[, consisting of a pontoon type, double deck type roof, or interna l floating cover, which will rest] that rests on the surface of the contents and [be] is equipped with a closure seal or seals to close the space between the roof edge and container wall. All gauging and sampling devices shall be [gas tight] vapor

- tight e xcept when gauging or sampling is taking place[.] ;Page 13 of 15

R

- 39 Rev. 08/2012

(3) A container equipped with a [“]vapor recovery system[” which collects all volatile organic compound vapors discharged from the container and which processes such vapors to reduce their] that reduces VOC emissions by at least 95 per cent by weight[.] ; or

(4) A container having other equipment of [equal] equivalent efficiency [for the purpose of “air pollution” control as required by subdivision (3) of this subsection] may be approved by the [“Commiss ioner”] commissioner [by] in a permit or order , where such permit or order has been approved by the Administrator

.

Sec 5. Sub division (12) of subsection (x) of section 22a

- 174

- 20 of the Regulations of Connecticut State Agencies is amended to read as fo llows:

(12) Notice and retests.

Any evidence of leakage as described in this subsection shall [also] be treated as a malfunction of control equipment or methods as described in section 22a

- 174

- 7 of the Regulations of Connecticut State Agencies . [Correct ive actions shall be taken in accordance with the provisions of subsection [22a

- 174

- 7(c).] A retest in accordance with the provisions of subdivision [(x)(8)] (8) of [section 22a

- 174

- 20] this subsection [must] shall be performed [immediately] not more than two business days after all required repairs are complete.Page 14 of 15

R

- 39 Rev. 08/2012

Statement of purpose The main purpose of this proposal is to update existing and add new requirements to control volatile organic compound (VOC) emissions from large aboveground storage tanks ( AST). The requirements are consistent with those in other Northeastern states and generally conform to measures used by AST owners and operators to limit product loss. The proposal will also assist Connecticut in meeting the reasonably available control technology requirements necessary
under the 2008 8

- hour national ambient air quality standard for ozone

.

The Department of Energy and Environmental Protection (DEEP) currently regulates VOC emissions from storage and transfer of VOC

- containing substance s through various provisions of
section 22a

- 174

- 20 of the Regulations of Connecticut State Agencies. The main provisions of the proposal include: termination of the option of using an undomed floating roof tank to store
VOC s ; clarification of the inspecti on requirements; and the addition of requirements for roof landing events and degassing and cleaning operations. (Section 1) For storage and transfer of
VOC s , DEEP is proposing to include a lower vapor pressure floor for determining applicability and simp lify that provision by basing it on vapor pressure at standard conditions, a constant, rather than the actual vapor pressure that changes with ambient temperature. (Sections 1 and 2) To minimize fugitive emissions facility

- wide, DEEP is proposing to requ ire timely repair of leaks from loading facilities. (Section 3) In addition, DEEP is proposing to revise the floating roof requirements for VOC and water separators to clarify that roof designs are not limited to pontoon

- type or double deck covers. (Sect ion 4)

Minor revisions are proposed to the leak control provisions for synthetic organic chemical and polymer manufacturing equipment by removing an outdated regulatory reference and clarifying the time limit for retesting. (Section 5)

The proposal has no legal impact beyond the direct impact on operations of the owners and operators of equipment subject to the revised requirements.R-39 Rev. 08/2012 

### Page 15 of 15

CERTiFiCATiON

Be it known that the foregoing (check~ [~ Regulations r--] Emergency Regulations

are (check all that apply) [--] Adopted [~ Amended as hereinabove stated [--] Repealed

by the aforesaid agency pursuant to section(s) 

### 22a-174. of the General Statutes a~nd/or Public Act

number(s) ....

,

(If applicable) after publication of notice of intent in the Connecticut Law Journal on 

### January 29, 2013,,

(If applicable) and the holding of an advertised public hearing on 

### March 7,201 !,,,;

WHEREFORE, the foregoing regulations are hereby (check all that apply)

1-] Adopted I~ Amended as hereinabove stated

EFFECTIVE: (check one, and complete as applicable)

I~ When filed with the Secretary of the State [--] Repealed

OR I--] (insert date)

In Witness DATE SIGNED (Hep~ofBoard/Ag~,cyp’rCo~fnission) OFFICIAL TITLE, DULY AUTHORIZED Whereof: ~-~ II gf]i 5 ~ ~//~,f,~.i~’~’~ ’" "

APPROVED by the A~orney Genefffl~as;~o~legal su~ciency in accor~nce with CGS Section 4-169, as amended

DATE ~ ~ SIGNE~(A General orAG’s designated representative) OFFICIAL TITLE, DULY AUTHORIZED



### ~ ~ o~o APPROVEO by me 4~ONe~neraZ in accordence ~ith C~S SocOon 4-~, as amended, 

### due to failure to give Or notice to the agency of any legal insuNdien]c~ within thi~ (30) days of Ne receipt of the proposed regulation.

I " DATE SIGNE~ead of Board, Agency or CommNsion) OFFICIAL TITLE, DULY AUTHORIZED

For Regulation Review Committee Use ONL ~ ~ r-m 

# ~proved ~ Rejected without prejudice I :::,: ~" ~Approved with technical corrections ~ Disapproved in pa~, (Indicate Section Numbers ~%pp/~;~nly)

~ Deemed approved ~ ;:: ~:~@#~--

pursuant to CGS 4-170(c) as amended ~. ,. -~;

By the Legislative Regulation Review DATE

I S~t.~n Review Commi~ee) Committee in accordance with CGS Section 4-170, as amended ~ ~’ g~ ~ t’ ~-"~ ~"~
Two ceAified copies received and filed and one such copy fo~arded to the Commission on Official Legal Publications in accordance with CGS Section 4-172, as amended.

DATE SIGNED (Secreta~ of the State) BYAttachment B

Public notic e as published in the Connecticut Law Journal and on the DEEP website on January 10, 2013

.Janums~ 29, 2013 CONNECTICUT LAW JOURNAL Page



### ADMINISTRAT [VE REGULATIONS

Regulations and notices published herein, pursuant to General Statutes Sections 4-168 and 4-173, are printdd exactly~as submitted by the forwarding agencies. These, being official documents submitted by the responsible agencies, are consequently not subject to editing by the Commission on Official Legal Publications. A cumulative list of effective amendments to the Regulations of Con~ necticut State Agencies may be found in the Connecticut Law Journal dated January 1, 2013.

DEPARTMENT OF ENERGY AND ENVIRONMENTAL PROTECTION

Notice of Intent to Amend a Section of the Air Quality Regulations and to

ReviSe the State Implementation Plan

The Commissioner of the Department of Energy and Environmental Protection (DEEP) hereby gives notice of a public hearing as part of a proceeding to amend a state regulation concerning the abatement of air pollution. Upon adoption, the amended section will be submitted to the U.S. Environmental Protection Agency as a revision to the State Implementation Plan for air quality.

The proposal primarily enhances existing requirements concerned with the control of volatile organic compound (VOC) emissions from large aboveground storage tanks through revisions to section 22a-174-20 of the Regulations of Connecticut State Agencies. DEEP is proposing to:  ̄ remove the option of using an undomed floating roof tank to store VOCs, clarify inspection requirements and add requirements for roof landing events and degassing and cleaning operations; o require timely repair of leaks throughout the VOC storage and transfer facility; o revise the floating roof requirements for VOC and water separators to be consistent with the floating roof requirements for storage tanks; and o revise the leak control provisions for synthetic organic chemical and polymer manufacturing equipment by removing an outdated regulatory reference and clarifying the time limit for retesting.

All interested persons are invited to comment on the proposal. Comments should be submitted no later than 8 March 20!3 to Robin D. Baena, DEEP, Bureau of Air Management, Engineering & Enforcement, 79 Elm Street, Hartford, Connecticut 06106-5127. Comments may be submitted by post, facsimile to (860) 424-4064 or by electronic mail to robin.baer~a@ct.gov_.

In addition to accepting written comments, DEEP will also hold the public hearing described below. Any person giving oral comment at the hearing will be asked to submit a written copy of such comments.

PUBLIC HEARING 7 March 2013 11 AM DEEP, 5th Floor, Holcombe Room
79 Elm Street, Hartford, CT_Page 2C CONNECTICUT LAW JOURNAL. January 29, 2013

Copies of the proposa! described above, the fiscal impact analysis~ and a statement required by section 22a-6(h) of the Connecticut General Statutes (CGS) are available for public inspection during normal business hours from Robin Baena at the Bureau of Air Management, Engineering & Enforcement, 5th Floor, 79 Elm Street, Hartford, CT. The same documents are posted on DEEP’s web~ite at the following location: http.:l/www,ct,gov/dep/cwplview~,asp?..a=2684&q=331220&depNav_GID=t 619

For further information, contact Robin Baena of the Bureau of Air Management at (860) 424-4152 or by electronic mail to ~bha.baena@ct.gov.

DEEP is an affirmative actiort/equa! opportunity employer, and service provider. In conformance with the Americans with Disabilities Act, DEEP makes every effort to provide equally effective services for persons with disabilities. Any person with a disability who may need information in an alternative format may contact the agency’s ADA Coordinator at 8.60-424-3t94, or at O~ep,hrmed@ct. ogg_y.. Persons who are hearing impaired shouId call the State of Connecticut relay number 711.Requests for accommodations must be made at least two weeks prior to the program date,
The authority to adopt the proposal is granted by CGS sections 22a-6 and 22a174, This notice is required pursuant to CGS sections 22a-6 and 4-168 and 40 Code of Federal Regulations 51.102.

~].0 January 20t..3 Date /s/Daniel C, Esty Commissioner

’~’--~ CONNECTICUT AIRPORT AUTHORIT ~.~/~. i(: :"

~..Notice of Intent to Adopt Policy and Procedures

In accordance witl~S~.~tion 1-121 of the Connecticut Genera] Statutes, notice is hereby given that the ~~fi.cut Airport Authority prppS~es to adopt a Policy relating to Equal Employmeh~portunity and Affirmative Action. Summary of written procedu~The Conrte~t Airport Authority is committed to providing equal opportunities ]~rms.~’r]ts recruiting and hiring practices. The Connecticut Airport Authority is als~:fi~tted to providing equal opportunitiesto its employees in all of its emp!oymep~ ~ps. The Connecticut Airport Authority further pledges its strong commitmdnt to en~m:_e that all contractors and subcon- ’(ractors who do business with ~e~S~onnecticut~’~ort Authority provide equal employment in employment t~_a~’~qualified persons Sb~,!y on the basis of job-related ...... ~_~:~° skills, ability and merit ,..~: "

Statement of purpo~ The proposed Policy establishes’~.e plan and procedurefor implementing th$~Connecticut Airport Authority’s Equal ENl~oyment and Affirmative Actton Btttcy. ~.

Copies ~!t~i~e proposed Policy are available at the Connecticut ~ Authority between .th~ hours of 8:30 a.m. and 5:00 p.m., Monday through Friday, 5~:~qntacting Sharo~}aficante at 8g0-292-2073 or ~traficant¢@bradlevairoort.com. Ati~~e.sted

pa~ ~ may submit comments in connection with the proposed Procedures, ~t~in ~{~} days following publication of this .... notice, to Sharon Traficante, Connect~Attachment C

Attendees at the public hearing on March 7, 201 3 DEEP Headquarters, 79 Elm Street, Hartford, CT79 Elm Street • Hartford, CT 06106

- 5127 www.ct.g ov/deep Affirmative Action/Equal Opportunity Employer

Requested Copies of the Proposal

No person requested a copy of the proposal.

Attended the Public Hearing

Nathan Stevens Cumberland Gulf Group of Companies 100 Crossing Boulevard Framingham, MA 01702

Submitted Comments

Anne Arnold, Manager Air Qu ality Planning Unit USEPA Region 1 5 Post Office Square, Suite 100 Boston, MA 02109

- 3912

Pamela F. Faggert
Vice President and Chief Environmental Officer
Dominion
5000 Dominion Boulevard

Glen Allen, VA 23060

Steve Guveyan
Executive Director
Connecticut Petroleum Council

44 Capitol Ave., Suite 103

- B Hartford, CT 06106

Christian A. Herb

Vice President Connecticut Energy Marketers Association (CEMA) 10 Alcap Ridge Cromwell, CT 0641679 Elm Street • Hartford, CT 06106

- 5127 www.ct.gov/deep Affirmative Action/Equal Opportunity Employer



### Attachment D

HEARING CERTIFICATION

This certifies in accordance with the provisions of Title 40 Code of Federal Regulations Part 51.102 that the following actions were taken regarding the proposed amendment or adoption of various sections of the air qua lity regulations:

1) The public hearing was held on March 7 , 201 3 as announced in the notice of hearing ( A ttach ment A );

2) In accordance with the notice, materials were available for review at the Department of Energy and Environmental Protection and posted on the Department’s website;

3) Copies of the notice were mailed electronically to the directors of the air pollution control agencies in New York, New Jersey, Rhode Island and Massachusetts along with a copy to the Director of the Air Management Division of Region I of the U.S. Environmental Protection Agency; and

4) The notice of hearing was published in the Connecticut Law Journal on January
29 , 201 3 and on the Department of Energy and Environmental Protection’s
website.

4/8/2014 /s/ Robin D. Baena

Date Bureau of Air ManagementAttachment E

Hearing report79 Elm Street • Hartford, CT 06106

- 5127 www.ct.gov /deep Affirmative Action/Equal Opportunity Employer

HEARING REPORT

Prepared Pursuant to Section 4

- 168(d) of the
Connecticut General Statutes and
Section 22a

- 3a

- 3(d)(5) of the Department of Energy and Environmental Protection
Rules of Practice

Regarding Amendment of Air Quality Regulations Concerning Volatile Organic Compound Emissions from Storage
Tanks

Hearing Officer:
Robin D. Baena

Date of Hearing: March 7, 2013

On January 10, 2013, the Commissioner of the Department of Energy and Environmental Protection (DEEP) published a notice of intent to am end section 22a

- 174

- 20 of the Regulations of Connecticut State Agencies (RCSA). Pursuant to such notice, a public hearing was held on
March 7 , 201 3 , with the public comment period closing on March 8, 2013

.

I. Hearing Report Content As required by section 4

- 168(d) of the Connecticut General Statutes (CGS), this report describes the proposal, identifies principal reasons in support of and in opposition to the proposal, and summarizes and responds to all comments on the proposal.

The proposal is included as Attachment 2 to this report. A final revised version of the proposal based on the recommendations in this report is included as Attachment 3. A statement in
satisfaction of CGS section 22a

- 6(h) is included as Attachment 1.

II. Summary of Proposal
The commiss ioner is proposing to revise subsections (a), (b), (c) and (x) of RCSA section 22a

174

- 20. The primary purpose of the proposal is to update requirements concerned with the control of volatile organic compound (VOC) emissions from large aboveground storage tanks (AST) through revisions to RCSA section 22a

- 174

- 20(a). DEEP is proposing to:

• Remove the option of using an undomed floating roof tank to store VOCs, clarify inspection requirements and add requirements for roof landing events and degassing and
clea ning operations;

• Require timely repair of leaks throughout any VOC storage and transfer facility;

• Update the floating roof requirements for VOC and water separators; and2

• Revise the leak control provisions for synthetic organic chemical and polymer
manufa cturing equipment by removing an outdated regulatory reference and clarifying the time limit for retesting.

Based on the 2007 Connecticut emissions inventory, there are 45 AST in the state that would be subject to the AST requirements of this proposal. Al l 45 AST are floating roof tanks. As a group, t hese tanks emit approximately 150 t ons, or less than two

- tenths of one percent, of the over 86,000 tons 1 of the anthropogenic VOC emitted in Connecticut annually

. AST owners and operators are attentive to pr actices that lim it loss of stored product, which has a co

- benefit of
limit ing VOC emissions

. T here is , therefore, little opportunity for a s ignificant reduction in
emissions as a result of this proposal

. Rather, the proposal serves as regulatory mainten ance and satisfies a commitment to other Northeastern states to adopt reasonable controls for AST
emissions.

III. Opposition to the Proposal

No submitted comments oppose adoption of this proposal.

IV. Summary of Comments

O ral comment w as given at the he aring by:

1. Nathan Stevens
Cumberland Gulf Group of Companies 100 Crossing Boulevard Framingham, MA 01702

Written comments were received from the following persons:

2

. Anne Arnold, Manager Air Quality Planning Unit USEPA Region 1 5 Post Office Square, Suite 100 Boston, MA 02109

- 3912

3. Pamela F. Faggert
Vice President and Chief Environmental Officer
Dominion
5000 Dominion Boulevard Glen Allen, VA 23060

4

. Steve Guveyan
Executive Director
Connecticut Petroleum Council 44 Capitol Ave., Suite 103

- B
Ha rtford, CT 06106

1 2008 N ational E missions I nventory, http://www.epa.gov/ttn/chief/net/2008inventory.html3

5. Christian A. Herb
Vice President Connecticut Energy Marketers Association (CEMA) 10 Alcap Ridge Cromwell, CT 06416

All comments submitted are summarized below with DEEP’s responses. Commenters are
associated with the individual com ments below by the number assigned above. When changes to the proposed text are indicated in response to comment, new text is in bold font and deleted text is in strikethrough font.

Comment 1 : The proposed definition of “storage tank” at RCSA section 22 a

- 174

- 20(a)(1)(M)(ii) appears to prohibit the use of biocides in cases of microbial contamination of
fuel. The lowering of sulfur content in fuels , combined with federally mandated requirements for ethanol use in automotive gasoline, have produced environ ments within the petroleum distribution infrastructure which are more conducive to microbial growth and the resultant problems of increased water content in stored fuels and product degradation. Accordingly, it is important for both product quality and sa fety that operators be permitted to use appropriate
biocide treatments on an as

- needed basis. Similar methods are widely utilized for microbial management in underground tank systems and by end users such as airlines. ( 1, 5 )

Response : DEEP did not intend to limit the use of biocides to protect the quality of the
stored product

. Section 22a

- 174

- 20(a)(1)(M)(ii) should be revised as follows:

(ii) The only treatment carried out is treatment necessary to prevent change from occurring in the physical conditio n or chemical properties of the liquids or gases deposited into the container. Such treatment may include , but is not limited to, recirculating, agitating, maintaining the temperature of the stored liquids or gases, or replacing air in the vapor space abo ve the stored liquids or gases with an inert gas in order to inhibit the occurrence of a chemical
reaction or adding a biocide to prevent microbial growth ;

Comment 2 : In RCSA section 22a

- 174

- 20(a)(1), the de finition of “throughput” was deleted;
h owever, since this term is still used in the rule in a way that differs from how the term is defined
in RCSA section 22a

- 174

- 1 , t he definition should be retained. (2)

Response : The definition of “throughput” should be retained as subsection (a)(1)(N),
since the me aning of the term is distinct from that of the definition of “throughput” in
RCSA section 22a

- 174

- 1 . The subparagraphs following this subparagraph should be re

lettered alphabetically.

Comment 3 : The use of kilopascals (kp) for the units of Reid vapor pre ssure (RVP) in the definition of “gasoline” in proposed subs ection (a)(1)( G ) is inconsistent with the units in the definition of “Reid vapor pressure” provided in proposed subs ection (a)(1)(K) . Pounds per square inch is the U

. S

. c ustomary unit for R VP

. ( 1

, 3, 5 )

Response : DEEP agrees with the commenter s that consistent units should be used throughout the subsection for simplicity and clarity. In reviewing the proposed definition of “gasoline,” we recognized that RVP is not necessary to define “ gasoline. ” Gasoline is a4

well

- known commercially identified product. For example, the U.S. Environmental
Protection Agency ( EPA ) defines gasoline as “any fuel sold

... for use in motor vehicles and motor vehicle engines, and commonly or commerc ially known or sold as gasoline ” in 40 CFR 80.2(c). The definition of “gasoline” in proposed subs ection (a)(1)( G ) should be
revised as follows:

“Gasoline” means any petroleum distillate or petroleum distillate and alcohol blend having a [reid] Reid vapor pressure of [ four poun ds ] 27.6 kilopascals or greater commercially known or sold as “ gasoline ” and commonly use d as a [motor vehicle] an internal combustion engine fuel [.] ;

Comment 4 : Proposed RCSA s ection 22a

- 174

- 20(a)(1)(N) provides a definition of “underground” which is inco nsistent with 40 CFR 280.12

, which regulates underground storage tanks. Similarly, this definition of “underground” is inconsistent with that contained in section
22a

- 449(d)

- 1(a)(2) , the Co nnecticut underground storage tank regulations. The commenter

rec ommend s that the proposed definition be amended to reflect the other current definitions. ( 5 )

Response : The term “underground” is used once in the proposal as proposed subsection (a)(6) . Since it is not DEEP’s intent to create an alternative meaning of t his term

, the proposed definition of “underground” should be revised as follows:

“Underground” means situated below the grade of the land and completely covered with
soil “underground” as defined in section 22a

- 449(d)

- 1(a)(2) of the Regulations of
Connecti cut State Agencies ;

The definition of “underground” in RCSA section 22a

- 449(d)

- 1(a)(2) reads as follows:

“ Underground ” when referrin g to a facility or facility component means that ten percent or more of the volumetric capacity of the facility or component is below the surface of the ground and that portion which is below the surface of the ground is not fully visible for inspection.

Comment 5 : The proposed revisions contain multiple provisions where the facility is allowed to
use alternative controls or al ternative test methods that have been approved by the commissioner. Such state discretion is not allowed in rules that are incorporated into a State Implementation Plan (SIP). Therefore, each of the following subsections of section 22a

- 174

- 20 should be r evised to also require EPA approval: (a)(2)(C)(iv), (a)(2)(D), (a)(9)(A)(i i )( I V), (a)(9)( B )(i)(V)

, (a)(10)(B)(ii), (b)(17) and (c)(4). (2)

Response : As suggested in the comment, DEEP should require the EPA administrator
and the DEEP commissioner to approv e alternative controls and test methods in proposed subsections ( a)(2)(C)(iv), (a)(2)(D), (a)(9)( B )(i)(V)

, (a)(10)(B)(ii), (b)(17) and (c)(4)

. Subsection (a)(9)(A)(i i )( I V) should be deleted as described in the response to comments
8 and 9.

S pecifically, s ubsection (a)(2)(C)(iv) should be revised as follows:

Once per month, demonstrate compliance with this subsection by inspecting the fittings located on the roof, piping, pressure relief valves and all other valves to5

ensure they are leak

- free using EPA M ethod 21 or using another method approved by
the commissioner and the Administrator ; or

Subsection (a)(2)(D) should be revised as follows:

[Other] The tank is equipped with other equipment or means of air pollution control with an efficiency equal to o r gr eater than that required under subparagraph [22a

- 174

- 20(a)(2)(B)] (C) of this subdivision [for purposes of “air pollution” control as may be] that is approved by the [“Commissioner”] commissioner by in a permit or order , where such permit or order has bee n approved by the Administrator

.
Proposed s ubsection (a)(9)( B )( i )(V) ( subsection (a)(9)( C )(i)(V) in the final proposal as described in the re sponse to comments 8 and 9) should be revised as follows:

Another cleaning agent approved by the commissioner and t he Administrator , or

Subsection (a)(10)(B)(ii) should be revised as follows:

Documentation of control device efficiency and capture efficiency, if applicable, using an applicable EPA reference method or alternate method as approved by the
commissioner and the Administrator

,

The third sentence of s ubsection (b)(17) should be revised as follows:

... A request to delay a repair of a leak may be made to the c ommissioner and the
Administrator in writing if the repair is infeasible for technical or safety reasons.

...

Subsection (c)(4) should be revised as follows:

A container having other equipment of [ equal ] equivalent efficiency [ for the purpose of “air pollution” control as required by subdivision (3) of this subsection ] may be approved by the [“Commissioner” ] c ommissioner [ by] in a permit or order , where such permit or order has been approved by the Administrator

.

In addition , owners or operators should keep records of Administrator approvals. Therefore, proposed subsection (a) (10)(B)(vii) (subsection (a)(10)(B )(viii) in the final proposal) should be revised as follows:

Any approval by the commissioner or Administrator issued pursuant to this
subsection.

Comment 6 : The applicability of proposed subsection (a)(4) is not clear and should be explicitly stated. Th e proposed new regulatory language of subsection (a)(4), which contains requirements to complete repairs or replacements for defects in tanks and/or equipment
associated with the tanks

, does not contain a clear or direct reference back to subsection (a)(3)

, which applies to tanks with capacities of 40,000 gallons or greater, and could be inadvertently misinterpreted to apply to tanks of any size. The commenter suggests adding the phrase “ a s a result of the inspection required under subsection (a)(3) or othe r observations of the equipment specified in subsection (a)(2 ) ” to clarify applicability. (3)6

Response : DEEP agrees with the commenter that the applicability of proposed subsection (a)(4) is not clear . Subsection (a)(4) is intended to apply to tanks subj ect to subsection (a)(2)

. Therefore, subsection (a)(4) should be revised as follows:

For any tank subject to subdivision (2) of this subsection
, If if any piping, valves, vents, seals, gaskets or covers of roof openings are found to have defects or visibl e gaps or the VOC control requirements of this subsection are not met

, the owner or operator
shall:

...

Comment 7 : P ropos ed subsection (a)(5) that requires submerged fill pipes to have a discharge point not more than six inches from the bottom of the tank is problematic. A fill pipe that close to the floor would clearly stir up sludge, dirt and/or water that has accumulated, thereby creating product quality issues. The bottom of the tank serves an important purpose in protecting product quality from impurit ies that may be introduced along the transportation route to the terminal. It is unclear to us what the agency’s intent is in proposing this change, as lowering the fill discharge would not reduce vapor emissions. Even cable

- suspended internal floating r oofs cannot be lowered to heights less than three feet from the tank floor due to piping and structures within the tank. It appears that the negative impacts of this change would far outweigh any possible positive impacts. (4)

Response : DEEP agrees that the six

- inch maximum height from the floor requirement is not

necessar y for tanks with floating roofs. This provision is intended to reduce splashing and vapor generation as a tank is filled by ensuring the discharge point is below the level of the liquid in the tank

. For tanks with floating roofs the discharge point will be below the surface of the liquid

, except when the roof is landed

, which is governed by proposed s ubsection (a)(8)

. T herefore, proposed subsection (a)(6) should be revised to exe mpt ta nks with floating
roofs f r o m the requirements of propo sed subsection (a)(5) as follows:

The provisions of subdivision [22a

- 174

- 20(a)(3)] (5) of this subsection shall not apply to
the following :

(A) loading Loading of [“volatile organic compounds”] VOC int o any storage vessel having a capacity of less than one

- thousand (1,000) gallons [ which

was ] installed prior to June 1, 1972 , n or to ;

(B) any Any underground storage vessel installed prior to June 1, 1972, where the fill pipe between the fill connection an d the storage vessel is an [“]offset fill pipe

. [”] ; or

(C) A ny aboveground storage tank equipped with a floating roof

.

Comment 8 : Section 22a

- 174

- 20(a)(9)(A) proposes to restrict degassing and cleaning of tanks
from May 1 through September 30. Degassing a nd cleaning during this period would be allowed only if VOCs contained in the tank vapor space are routed to a vapor control system rated at a minimum 95 percent efficiency. The proposal impart s an additional financial obligation on industry, and an unint ended effect on the environment.

The standard industry solutions implemented in these situations, at locations from Texas to Massachusetts, take the form of combustion, either in an internal combustion engine, flare, or a
similar device. These treatment technologies are not without cost, and may provide limited7

benefits when the total impact is considered. A recent tank degassing vapor control system required by regulators in another New England state during the degassing and cleaning of three gasoline storage tanks indicated the following:

1. The operator spent an additional $100,000 extra for vapor controls;

2. There were 6 days additional days of downtime of the tanks;

3. A total of 9,407 pounds of VOCs were incinerated (a treatment cost of $10.63 per pound) ; and,

4. An estimated total of 42,396 pounds of carbon dioxide (a greenhouse gas) were emitted directly by this combustion 2 , including from the combustion of propane as a
make

- up gas, but not including the impacts of transporting the combustion units and

pr opane to the site.

In short, the requirement to dramatically increase greenhouse gas emissions due to terminal operations seems inconsistent with the goal of Connecticut’s Public Act No. 08

- 98, An Act Concerning Global Warming Solutions. (1, 5)

Comment 9 : The time

- frame for banning summertime tank cleanings without vapor control
should be narrowed. While the agency’s intent regarding the ban is understandable , the time

frame is unnecessarily long, considering that May and September typically are not hot

- we ather months in Connecticut. According to the Weather Underground historical data, the average mean temperatures in New Haven are: May

– 62, June

– 69, July

– 76, August

– 75, September

– 66, so the May 1 st through September 30 th date range seems excessiv e. The date range should be
shortened to June 1 st through August 31 st . An alternative would be ending it on September 15 th
to coincide with the end of the RVP season. (4)

Response to comments 8 & 9 : Emissions from d egassing in the summer months are a

c oncern because they contribute VOCs that can react in the atmosphere to form ozone during the time when exceedences of the ozone national ambient air quality standards are most likely

. Degassing emissions are also a public health concern given the local i mpact of the
release of VOC and toxics. However, given the information submitted on control costs and
carbon dioxide emissions , DEEP should revis it the proposed degassing requirements.

Degassing VOC emissions are relatively low in Connecticut. DEEP unde rsta nds that owne rs and operators degas and clean their tanks relatively infrequently, averaging once every ten years. On average, four or five of the 45 floating roof tanks located in the state are degass ed annually

. A verage degassing VOC emissions , bas ed on the commenters ’ data, are approximately 1.5 tons per tank. The staff report for the 2005 revisions to San Joaquin Valley Air Pollution Control District (SJVAPCD) Rule 4623 3

, 4 estimated degassing VOC emissions to be one half ton per tank . With four or five tanks degassing annually, total state

wide degassing emissions are estimated to be in the range of two to seven tons per year.

2 Determination of greenhouse gas emissions based on the United States Environmental Protection Agency’s Emission Factors for Greenhouse Gas Inventories, last modified November 7, 2011.
3 The degassing and cleaning requirements in the proposal are from a n OTC model rule

, which is based on the New Jersey VOC stationary storage tank rule. The degassing and cleaning requirements in the New Jersey rule are based on SJVAPCD
Rule 4623

. 4 San Joaquin Valley Air Pollution Control District . “Final Staff Report, Proposed Amendments to Rule 4623 (Storage of Organic Liquids).” May 19, 2005.8

T he commenters calculated the c ost effectiveness of degassing controls to be $10.63 per pound (approximately $22,000 per ton ) of VOC removed b y dividing the cost of degassing controls ($100,000) by the emissions reductions (9,407 pounds of VOC)

. This cost is higher than DEEP generally considers cost effective for VOC controls.

On the other hand, SJVAPCD and New Jersey (base d on the SJVAPCD staff report) determined that degassing controls were cost effective. The SJVAPCD Rule 4623 staff report reported a cost of $6,283 to $11,781 for degassing controls on a 2.6 million gallon
tank. Annualizing the cost over ten years with a n interest rate of 10% (resulting in a cost recovery factor of 0.163)

, SJVAPCD calculated a prorated annual cost range of $1,024 to $1,920 and a cost effectiveness ranging from $2,288 to $4,290 per ton of VOC re move d

. The cost effectiveness number s repres ent the cost each year over the ten

- year maintenance cycle, including those years when the tank is not degassed, for each ton of VOC treated. It is not a total cost per ton.

For comparison with the commenters’ cost effectiveness calculations, the hearing officer
calculated t he cost per ton of VOC removed using the SJVAPCD data without annualiz ing the costs over ten years

. B y dividing the cost of degassing controls per tank ($6,283 to $11,781) by the average emissions reductions per tank (0.5 ton), the cos t effectiveness
calculated range d from approxim ately $12,000 to $24,000 per ton of VOC removed

. These costs are congruent with those provided by the commenter and exceed those generally
considered cost effective for VOC control.

In recognition of the e nvironmental impact of emissions from using combustion as a control, the small quantity of VOC emissions likely to be released in uncontrolled degassing and the cost of controlling those VOC emissions, DEEP should revise the proposal to prohibit degassing f or planned routine maintenance and inspection during June, July and August. Tank owners/operators may degas to inspect and perform maintenance on their tanks without controls any time during the months of September through May. Degassing necessary to

re pair a tank , where such repairs are necessary for safe and proper function of the tank

, should not be restricted.

In reviewing the proposed degassing and cleaning requirements of subdivision (9), the hearing officer recognizes the need to clarify the use o f low

- VOC solvent s for cleaning and
makes that clarification , as well, in the following revised text

. Subdivision (9) of subsection (a) should be revised as follows:

(9) On and after one year after the effective date of this subsection, the owner or opera tor of any aboveground storage tank subject to subdivision (2) of this subsection shall not perform degassing and cleaning during the period from May 1 through September 30 of any year unless the owner or operator complies with the requirements of this sub division.

(A) An owner or operator may degas a tank if the owner or operator:

(i) Empties the tank of the VOC liquid,

(ii) Minimizes VOC vapors in the tank vapor space by one of the methods identified in subclauses (I) through (IV) of this clause.9

(I ) Exhausts VOCs contained in the tank vapor space to a vapor control system rated at a minimum 95 percent efficiency until the organic vapor concentration is 5,000 parts per million by volume (ppmv) or less as methane, or is 10 percent or less of the lowe r explosive limit, whichever is less,

(II) Displaces VOCs contained in the tank vapor space to a vapor control system rated at a minimum 95 percent efficiency by filling the tank with a suitable liquid until 90 percent or more of the maximum operating le vel of the tank is filled. Suitable liquids are organic liquids having a vapor pressure of less than 0.5 pounds per square inch, water, clean produced water, or produced water derived from crude oil having a vapor pressure less than 0.5 pounds per square i nch,

(III) If the tank is a free

- water knockout tank, degases the tank vapor space by restricting the outflow of water and floating off the oilpad, such that at least 90 percent of the tank volume is displaced, or

(IV) Uses another measure approved by th e commissioner as being equally or more effective in preventing VOC emissions to the outdoor atmosphere. A request to use such a measure shall be submitted in writing to the commissioner no less than 30 days prior to conducting degassing, and

(V) For a fl oating roof tank, the vapor in the vapor space below the floating roof shall be controlled, and

(iii) As appropriate, temporarily removes a suitable tank fitting, such as a manway, to facilitate connection to an external vapor control system for no longer than one hour;

(9) An owner or operator of an aboveground storage tank shall perform degassing and cleaning as set out in this subdivision.

(A) Beginning with the first June 1 after the effective date of this subsection, an owner or operator shall not perform degassing of any aboveground storage tank subject to subdivision (2) of this subsection during the period from June 1 through August 31 of any calendar year, except as provided in subparagraph (B) of this subdivision;

(B) Notwithstanding subpar agraph (A) of this subdivision, an owner or operator may degas an aboveground storage tank at any time for the purpose of performing a repair that is necessary for safe and proper function of the tank. An owner or operator shall notify the commissioner wh en a tank is emptied and degassed under this subparagraph within 72 hours of completing the degassing and repair. Such notification shall be submitted to10

the Compliance Assistance and Coordination Unit of the Bureau of Air Management and shall include the following information :

(i) Identification of the facility and the tank degassed,

(ii) Identification of the VOC stored,

(iii) An explanation of the need to degas the tank during the period from June 1 through August 31
,

(iv) The date the owner or operator determined that de gassing and repair would be necessary,

(v) The dates that degassing commenced and was completed,

(vi) The date that inspection, repair and refilling was or is anticipated to be completed; and

(B) (C) The An owner or operator shall clean a tank if an aboveground storage tank subject to subdivision (2) of this subsection using one or more of the following methods :
(i) At least one of the U sing any of t he following cleaning agents is used :

(I) Diesel fuel,

(II) A solvent with an initial boiling point of greater than 302 degrees Fahrenheit,

(III) A solvent with a vapor pressure less than 0.5 pounds per square inch,

(IV) A solvent with 50 grams per liter VOC content or less, or

(V) Another cleaning agent approved by the commissioner and the
Administrator , or
(ii) Steam cleaning is performed; and

.

(C) The owner or operator shall control emissions from the sludge removed from a
tank that stores a VOC with a vapor pressure of 1.5 pounds per square inch or greater at standard conditions by:

(i) During sludge r emoval, controlling emissions from the receiving vessel by operating a vapor control system that reduces VOC emissions by at least 95 percent,

(ii) Transferring removed sludge into containers that are vapor

- tight and free of liquid leaks, and11

(iii) For s ludge stored onsite, storing removed sludge in containers that are

vapor

- tight and free of liquid leaks or in tanks that comply with subdivision (2) of this subsection.

( The revision recommended in response to comment 5 is included in the above text.)

In a ddition, the recordkeeping requirement for degassing and cleaning in proposed subdivision (10)(B) (vi) should be revised to be reflect the changes to proposed subdivision (9). Subdivisions (10)(B) (vi) and (vii) should be revised as follows:

(vi ) Records Dat e s of all tank degassing , cleaning and sludge removal activities performed pursuant to subparagraphs (A) or (B) of subdivision (9) of this subsection, and

(vii) Date, cleaning method and cleaning agents used for any cleaning performed pursuant to subparag raph (C) of subdivision (9) of this subsection, and

(vi i ) (viii) Any approval by the commissioner or Administrator issued pursuant to this subsection.

( The revision recommended in response to comment 5 is included in the above text.)

Comment 10 : Propo sed subsection (a)(10)(B)(iv) should expl icitly state that documentation of leaks is required for leaks detected under subdivision (4) . (3)

Response : DEEP agrees with the commenter that proposed subsection (a)(10)(B)(iv) should limit recordkeeping to leaks regulated by subsection (a)(4) as follows : Documentation of any leak detected pursuant to subdivision (4) of this subsection

, including, but not limited to, the date the leak was detected, location of the leak, type of repair made and the date of repair a nd explanation of the reason for delaying repair, if applicable,

Co mment 11 : The applicability of proposed subsection (b)(17) is not clear and should be explicitly stated. The commenter suggests revising the text to read: “The owner or operator of any l oading facility, dispensing facility or delivery vehicle subject to the provisions of this
subsection shall ...” to make the applicability clear. (3)

Response : DEEP agrees with the commenter that the applicability of proposed subsection (b)(17) should be cla rified. The provision i s intended to apply to facilities t hat have a daily throughput of 4 ,000 gallons or greater ( i.e. those facilities subject to subdivision ( 4 ) or ( 5 ) of subsection (b)) . DEEP d oes not intend for this provision to apply to delivery ve hicle s , addressed in subsection (b)(12) through (14) , or dispensing facilities (gas stations). Further, proposed subsection (b)(17) should be revised to clarify that any one of the fo u r determinants

– sight, smell, sound or measurement of VOC

– trigger th e repair requirement. Therefore,
subsection (b)(17) should be revised to read as follow:

The owner or operator of a loading facility with a throughput of 4,000 gallons or more in any day shall not cause, allow or permit leakage from any equipment in VOC s ervice, including but not limited to pumps, valves and compressors. The owner or operator of12

any equipment in VOC service that is leaking as determined by sight, smell, sound or
measurement of VOC measured in excess of 5000 parts per million shall repair such
leak no later than fifteen days after detection. A request to delay a repair of a leak may
be made to the c ommissioner and the Administrator in writing if the repair is infeasible for technical or safety reasons. Such a request shall be submitted no later than 15 days
after detection of the leak.

( The revision recommended in response to comment 5 is included in the above text.)

V. Comments of Hearing Officer

The hearing officer suggests the following additional revisions to the proposal. The suggest ed revisions are minor, noncontroversial and will make for a clearer final proposal.

(1) T he definition s of “a boveground” and “ d egassing” should placed in alphabetical order in subsection (a)(1), and subsection (a)(1) should be re

- lettered accordingly

.

(2) The period after the millimeter abbreviation in subsection (a) (2)(B) is unnecessary and should be removed. Subsection (a) (2)(B) should be revised to read as follows:

... This control equipment is not permitted if the [“volatile organic compound”] VOC has a vapor pressure of 11.0 pounds per square inch absolute (568 mm

. Hg) [,] or greater under [actual storage] standard conditions

...

(3) The first sentence of proposed subsection (a) (2)(B) is awkward and should be revised as follows for clarity:

[A] The tank is equipped with a fixed roof and a [“] vapor recovery system [ ” which collects all volatile organic compound vapors and gases discharged from the tank and a vapor return or disposal system which] that is designed and operated to [ process such vapors so as t o ] reduce [ their emission ] emissions of VOC to the atmosphere of VOC by at least 95 percent by weight.

( 4 ) The word “replacement” in subsection (a)(4)(A) should be in the plural form as follows:

(A) If the tank is not storing liquid

, complete repairs or r eplacement replacements prior to filling the tank;

( 5 ) Subsection (a)(4)(B) should be revised by replacing the word “replacement” with its plural form, by replacing the phrase “ needed repair or replacement” with “ defect or visible gap” to improve clarity, and by adding a hyphen between “45” and “day ” in the phrase “45

- day period”
as follows:

(B) If the tank is storing liquid

, complete repairs or replacement replacements or remove the tank from service within 45 days after discovery of the needed repair

or replacement defect or visible gap

. If the owner or operator anticipates that a repair or replacement cannot be completed or the tank cannot be emptied within 45 days, the owner or operator shall notify the commissioner prior to the end of
the 45

- day peri od.

...13

( 6 ) Subsection (a)(4)(C) should be revised as follows:

(C) Any evidence of leakage as described in this subsection shall also be treated as a malfunction of control equipment as described in section 22a

- 174

- 7 of the Regulations of Connecticut St ate Agencies. A re

- inspection An inspection in accordance with the provisions of this subdivision (3) if this subsection shall be performed immediately after all required repairs are complete.

(7) For consistency, the word “before” should be replaced with “prior to” in subsection (a)(5)
as follows:

... Submerged fill pipes installed on or before prior to the effective date of this
subsection shall have a discharge point no more than 18 inches from the bottom of the storage tank or be compliant with the requir ements of 40 CFR 63 Subpart
CCCCCC.

...

(8) The process of emptying and filling a tank during roof landings should be continuous, without starts and stops. However, as written, subsection (a)(8)(A) could be read to imply that emptying and filling a tank du ring roof landings needs to be conducted in a hurried manner. For clarity, subsection (a)(8)(A) should be revised as follows:

(A) When the roof is resting on its leg supports or suspended by cables or hangers, the process of filling, emptying or refill ing shall be continuous and shall be accomplished as rapidly as possible empty and refill the tank as a continuous

process ; and

(9) The acronym RVP is defined in the definition of Reid vapor pressure in subsection (a)(1)(K) and should be used in subdivisio ns (13) and (14) of subsection (a) as follows:

(13) Samples to be analyzed for Reid vapor pressure RVP shall be collected and handled according to the applicable procedures in American Society for Testing and
Materials method D 5842

– 95(2000), “Standard Pr actice for Sampling and Handling of Fuels for Volatility Measurement.”

(14) Reid vapor pressure RVP shall be determined using American Society for Testing
and Materials method D5191

- 07 (2007)

...

(10) The acronym for Code of Federal Regulations , CFR, is defin ed in RCSA section 22a

174

- 1(23) and should be used in subsection (b)(2)(B) . Subsection (b)(2)(B) should be revised as
follows:

(B) [the] The amount of [ volatile organic compounds ] VOCs released to the ambient air is less than 80 milligrams per liter of liquid loaded over a six (6) hour period. To determine compliance with this requirement the reference methods and test procedures found in [ Title ] 40 Code of Federal Regulations CFR [ Part ] 60.503(a)
and [ Part ] 60.503(c), respectively

, shall be used.14

(11) R eferencing subsection (a)(2)(B) in proposed subsection (c)(2) makes the scope and intent of proposed subsection (c)(2) unclear. Since VOC and water separators are generally much smaller than the AST regulated under subsection (a)(2) and their potential em issions much lower, DEEP d oes not intend that VOC and water separators comply with the same requirements as large AST. A floating roof, as is required in current subsection (c)(2), is an appropriate level of control for these sources. Therefore, the ref erence to subsection (a)(2)(B) should be removed. In addition, subsection (c)(2) should be revised to clarify that the types of floating roof s allowed
are not limited to pontoon

- type or double deck covers . Finally, the term “gas tight” is not
defined and should be replaced with the defined term “ vapor

- tight .” Subsection (c)(2) should be
revised as follows:

(2) A container [ equipped with a floating roof , consisting of a pontoon type, double deck type roof, or internal floating cover, which wil l rest that rests on the surface of the

contents and be is equipped with a closure seal or seals to close the space between the roof edge and container wall. All gauging and sampling devices shall be gas tight vapor
tight except when gauging or sampling is taking pl ace

. ] meeting the requirements of subparagraph (a)(2)(B) of this section ;

VI. Conclusion

Based upon the comments addressed in this Hearing Report, I recommend the proposal be revised as recommended herein and that the recommended final proposal, include d as Attachment 3 to this report, be submitted by the Commissioner for approval by the Attorney General and the Legislative Regulations Review Committee and upon adoption, be submitted to
the EPA as a SIP revision.

/s/ Robin D Baena 08/15 / 2013
Robin D. Baena

, Hearing Officer DateA TTACHMENT 1
S TATEMENT P URSUANT TO S ECTION 22 a
- 6( h ) OF THE G ENERAL S TATUTES : F EDERAL S TANDARDS A NALYSIS

Pursuant to section 22a

- 6(h) of the Connecticut General Statutes (CGS) , the Commissioner of the Depart ment of Energy and Environmental Protection (the Department) is authorized to adopt regulations pertaining to activities for which the federal government has adopted standards or procedures. At the time of public notice, the Commissioner must distinguish clearly all provisions of a regulatory proposal that differ from federal standards or procedures either within the regulatory language or through supplemental documentation accompanying the proposal. In addition, the Commissioner must provide an explanati on for all such provisions in the regulation

making record required under CGS Title 4, Chapter 54 and make such explanation publicly available at the time of the publication of the notice of intent required under CGS section 4

- 168.

In accordance with the r equirements of CGS section 22a

- 6(h), the following statement is entered into the administrative record in the matter of the proposed revisions to section 22a

- 174

- 20 of the Regulations of Connecticut State Agencies (RCSA):

The proposal primarily enhances existing requirements concerned with the control of volatile organic compound (VOC) emissions from large aboveground storage tanks through revisions to
RCSA section 22a

- 174

- 20. The Department is proposing to:

• remove the option of using an undomed floating roof tank to store VOCs, clarify inspection requirements and add requirements for roof landing events and degassing and cleaning operations;

• require timely repair of leaks throughout the VOC storage and transfer facility;

• revise the floating roof require ments for VOC and water separators to be consistent with the floating roof requirements for storage tanks; and

• revise the leak control provisions for synthetic organic chemical and polymer manufacturing equipment by removing an outdated regulatory referen ce and clarifying the time limit for retesting.

The Department performed a comparison of the proposal to analogous federal regulations, namely, 40 Code of Federal Regulations (CFR) 60 Subpart Kb, New Source Performance Standards (NSPS) for VOC Storage Tank s for which Construction, Reconstruction or Modification Commenced After July 23, 1984 and 40 CFR 63 Subpart R, National Emission Standards for Gasoline Distribution Facilities (Bulk Gasoline Terminals and Pipeline Breakout Stations) . Subpart Kb identifie s seal and deck fitting specifications for internal and external floating roof tanks as well as inspection criteria for the seals and fittings. Subpart R refers to Subpart Kb for seal and deck fitting specifications and specifies inspection criteria for a ll equipment in gasoline service. Both Subpart Kb and Subpart R identify timelines for repairs when inspections indicate that repairs are necessary. 5

5 Storage tank control requirements, including the use of an internal or external floating roof, are also set out in 40 CFR 63 subpart WW, National Emission Standards for Storag e Vessels (Tanks)

– Control Level 2

. However, the applicability of subpart WW is based on a reference to su bpart WW in another subpart of the CFR. The Department is not aware of such a reference and is not aware of any storage tank located in Connecticut subject to subpart WW.2

Based on its review of Federal regulations, the Department has determined that the proposed
amendment is more stringent in requiring that all floating roof tanks must be domed in Connecticut. As all existing tanks are domed, the restriction has no impact on existing tank owners and operators.

With regard to the proposed roof landing requirements and oz one season degassing and cleaning requirements, there are no equivalent federal requirements in 40 CFR 60 Subpart Kb or 40 CFR 63 Subpart R. .

With regard to the remaining provisions of the amendment, the requirements are consistent with the federal req uirements.

4 January 2013 /s/Merrily A. Gere
Date Bureau of Air Management

### Attachment 2

Proposal

Section 1. Subsection (a) of section 22a

- 174

- 20 of the Regulations of Connecticut State Agencies is amended to read as follows:

Sec. 22a

- 174

- 20. Control of orga nic compound emissions

(a) Storage of [“]volatile organic compounds[”] and restrictions for the Reid [Vapor Pressure] vapor pressure of gasoline

.

[(a)](1) Definitions. For the purposes of this subsection and subsections (b) and (c) of this
section:

(A) “A pproved control system” means, a vapor balance system or a vapor recovery system[.];

(B) “Delivery vehicle” means a tank truck, tank

- equipped trailer, railroad tank car, or other [“]mobile source[”] equipped with a storage [“]tank[”] used for the transportatio n of gasoline from [“]sources[”] of supply to any stationary storage [“]tank[.”];

(C) “Aboveground” means located on or above the surface of the ground, partially buried, bunkered or located in a subterranean vault;

(D) “Degassing” means the process of removing o rganic vapors from a storage tank in preparation for human entry;

(E) “Dispensing facility” means any site where gasoline is delivered to motor vehicles other than agricultural vehicles from any stationary storage [“]tank[”] with a capacity of 250 gallons or m ore[.] ;

(F) “Floating roof” means a movable roof in a storage vessel consisting of a floating deck resting on the surface of the liquid contents, a continuous seal supported against the inner surface of the tank shell, and an envelope closing the gap
between t he floating deck and the seal. The entire deck, seal and envelope combination is free to rise and fall with the surface of the liquid during filling and emptying of the storage vessel;

(G) “Gasoline” means any petroleum distillate or petroleum distillate and alcohol
blend having a [reid] Reid vapor pressure of [four pounds] 27.6 kilopascals or greater and used as a [motor vehicle] internal combustion engine fuel[.] ;

(H) “Gasoline storage tank farm” means a [“premise”] premises with any individual [“]gasoline[”] st orage [“]tank[”] with a capacity equal to or greater than forty thousand (40,000) gallons[.] ;

(I) “Leak

- free” means a condition that exists when the reading on a portable hydrocarbon analyzer is less than 500 ppm, expressed as methane, above background, measur ed using EPA Method 21, as identified in 40 CFR Part 60, Appendix A, Determination of Volatile Organic Compounds Leaks;2

(J) “Loading facility” means any combination of equipment located on a premises and used to load or unload any VOC with a vapor pressure of 0.75 pounds per square inch or greater under standard conditions;

(K) “Reid [Vapor Pressure] vapor pressure ” or “RVP” means the vapor pressure of a liquid in pounds per square inch absolute at one hundred (100) degrees fahrenheit as determined by American So ciety for Testing and Materials method [D323

- 82

“ Standard Method for Vapor Pressure of Petroleum Products (Reid Method).]
D5191

- 07 “ Standard Test Method for Vapor Pressure of Petroleum Products (Mini Method) ; ”

(L) “Roof landing” means the reduction of the liqu id level in a floating roof tank so that the floating roof is no longer floating on the surface of the stored liquid but is resting on its legs or is supported from above by cables or hangers;

(M) "Storage tank" means any tank, reservoir or vessel that is a co ntainer for liquids or gases, wherein:

(i) No manufacturing process, or part thereof, other than filling or emptying takes place, and

(ii) The only treatment carried out is treatment necessary to prevent change from occurring in the physical condition or chemical properties of the liquids or gases deposited into the container. Such treatment may include recirculating, agitating, maintaining the temperature of the stored liquids or gases, or replacing air in the vapor space above the stored liquids or

gas es with an inert gas in order to inhibit the occurrence of a chemical reaction;

[“Throughput” means the number of gallons delivered through all equipment at a dispensing facility or a loading facility over a specified time interval .]

(N) “ Underground” means situated below the grade of the land and completely covered with soil;

(O) “Vapor balance system” means a combination of pipes or hoses [which] that creates a closed connection between the vapor spaces of an unloading [“]tank[”] and receiving [“]tank[”] such that vapors displaced from the receiving [“]tank[”] are transferred to the [“]tank[”] being unloaded and for which the vapor space connections on the unloading tank, the receiving tank and the pipes or hoses used are equipped with fittings [which] that are vapor

- tight and [which] will automatically and immediately close upon disconnection so as to prevent the release of vapors. [The complete system as a whole and not just the individual components shall have been tested and approved by a nationally recogniz ed testing laboratory.] ;

(P) “Vapor recovery system” means a device or system [of devices with attendant valves, fittings, piping, and other appurtenances incorporating a means for the incineration of vapors or the liquefaction of vapors by absorption, adsorp tion, condensation or other means. The complete system as a whole and not just the3

individual components shall have been tested and approved by a nationally recognized testing laboratory .] that collects vapors to prevent release into the atmosphere. Colle cted vapors are recovered for use or destroyed; and

(Q) "Vapor

- tight" means not capable of allowing the passage of gases at the pressures
encountered.

[(a)(2) No “person” shall place, store or hold in any stationary “tank” reservoir or other container
of more than 40,000 gallons capacity any “volatile organic compound” with a vapor pressure of 1.5 pounds per square inch absolute or greater under actual storage conditions unless the “tank,” reservoir or other container is a pressure “tank” capable of maintaining working pressures sufficient at all times to prevent vapor or gas loss to the atmosphere or is designed, and equipped, with one of the vapor loss control devices listed in subparagraphs (A) through (D) below. If the control devices specified in subparagra phs 22a

- 174

- 20(a)(2)(A) or (a)(2)(D) are used to comply with the requirements of this subdivision, then the requirements of subdivision 22a

- 174

- 20(a)(8) must also be met.]

(2) No owner or operator shall place, store or hold in any aboveground storage tan k of 40,000 gallons (150,000 liters) capacity or greater any VOC with a vapor pressure of 0.75 pounds per square inch or greater under standard conditions unless the tank is designed and equipped with a vapor loss control device identified in either subpar agraph (A), (B), (C) or (D)
of this subdivision.

(A) The tank is a pressure tank capable of maintaining working pressures sufficient at all times to prevent vapor or gas loss to the atmosphere;

[ (A)] (B) [A] The tank is equipped with a fixed roof and a floa ting roof[, consisting of a pontoon type, double deck type roof or internal floating cover, which will rest]
that rests on the surface of the liquid contents and [be] is equipped with a closure seal or seals to close the space between the roof edge and [“] tank[”] wall. This control equipment is not permitted if the [“volatile organic compound”] VOC has a vapor pressure of 11.0 pounds per square inch absolute (568 mm. Hg)[,] or greater under [actual storage] standard conditions. [All “tank” gauging or sampli ng devices must be gas

- tight except when “tank” gauging or sampling is taking place.] The owner or operator shall operate and maintain such a tank to
ensure that:

(i) There are no visible holes, tears or other openings in the seal or any seal
fabric or ma terials

,

(ii) All openings except stub drains are equipped with covers, lids or seals
such that:

(I) The cover, lid or seal is in the closed position at all times except when in actual use,

(II) Automatic bleeder vents are closed at all times except whe n the roof is being floated off or being landed on the roof leg supports,
and4

(III) Rim vents, if provided, are set to open to the manufacturer's recommended setting when the roof is floated off the roof leg supports or cables,

(iii) All tank gauging and sampling devices are vapor

- tight except when tank gauging or sampling is taking place, and

(iv) No liquid accumulates on the top of the floating roof;

[(B)] (C) [A] The tank is equipped with a fixed roof and a [“]vapor recovery system[”
which collects all volatile organic compound vapors and gases discharged from the tank and a vapor return or disposal system which] that is designed and operated to [process such vapors so as to] reduce [their emission] emissions to the atmosphere of VOC by at least 95 perce nt by weight. An owner or operator limiting vapor loss according to this subparagraph shall perform the following actions no later than ten years after the effective date of this subsection if the tank is in existence prior to the effective date of this su bsection or by the initial fill date
if a tank is constructed on or after the effective date of this subsection:

(i) Equip any gauging or sampling device on the tank with a leak

- free cover that shall be closed at all times, with no visible gaps, except dur ing gauging or sampling,

(ii) Maintain the fixed roof in a leak

- free condition with no holes, tears or uncovered openings, and

(iii) Install and maintain each roof opening in a leak

- free condition at all times except when the cover is open for access or wh en a vent is required to be open to relieve excess pressure or vacuum in accordance with the manufacturer’s design , or

(iv) Once per month, demonstrate compliance with this subsection by inspecting the fittings located on the roof, piping, pressure relief valves and all other valves to ensure they are leak

- free using EPA Method 21 or using another method approved by the commissioner; or

[(C)] (D) [Other] The tank is equipped with other equipment or means of air pollution
control with an efficiency equal to o r greater than that required under subparagraph [22a

- 174

- 20(a)(2)(B)] (C) of this subdivision [for purposes of “air pollution” control as may be] that is approved by the [“Commissioner”]
commissioner by permit or order.

[(D) On or after June 1, 1985 a flo ating roof, consisting of a pontoon type, double deck type roof or external floating cover, which will rest on the surface of the liquid contents and be equipped with primary and secondary closure seals to close the space between the roof edge and the tank wall. This control equipment is not permitted if the volatile organic compound has a vapor pressure of 11.0 pounds per square inch absolute (568 mm. Hg), or greater under actual storage conditions. All tank gauging or sampling devices must be gas

- tight ex cept when tank gauging or5

sampling is taking place. The owner or operator of any tank subject to this provision
shall ensure that:

(i) Any seal is intact and uniformly in place around the circumference of the floating roof between the floating roof and the tank wall;

(ii) The total area of gaps, determined in accordance with the requirements of subdivision
22a

- 174

- 20(a)(9), exceeding 0.125 inches in width between the secondary closure seal and the tank wall does not exceed 1.0 square inch per foot of tank d iameter;

(iii) A secondary closure seal gap measurement as specified in (ii) above is made annually;

(iv) A visual inspection of the secondary closure seal is conducted semi

- annually;

(v) Any emergency roof drain is provided with a slotted fabric cover whi ch covers at least ninety percent (90%) of the area opening.]

(3) An owner or operator limiting vapor loss according to subdivision (2)(B) of this subsection shall conduct inspections as follows:

(A) Once per month visually inspect the floating roof deck , deck fittings and rim seal system through the roof hatches of the fixed roof to determine compliance with the requirements of subdivision (2)(B) of this subsection; and

(B) Whenever the tank is emptied and degassed, but no less than once every 10 year s, conduct an inspection from within the tank by:

(i) Visually inspecting the floating roof deck, deck fittings and rim seal system to determine compliance with the requirements of subdivision (2)(B) of this
subsection and ensure that the seal between the floating roof and the tank wall is uniform, and

(ii) Physically measuring gaps between any deck fitting gasket, seal or wiper and any surface that it is intended to seal. Gaps shall not exceed 0.125
inches.

(C) The inspection specified in subparagraph (B) of this subdivision may be performed entirely from the top side of the floating roof as long as there is visual access to all deck components specified in subdivision (2)(B) of this subsection

.

(4) If any piping, valves, vents, seals, gaskets or covers of roof openings are found to have defects or visible gaps or the VOC control requirements of this subsection are not met, the owner or operator shall:

(A) If the tank is not storing liquid

, complete repairs or replacement prior to filling the tank;

(B) If the tank is storing liquid

, complete repairs or replacement or remove the tank
from service within 45 days after discovery of the needed repair or replacement. If6

the owner or operator anticipates that a repair or replacement cannot be completed
or the ta nk cannot be emptied within 45 days, the owner or operator shall notify the commissioner prior to the end of the 45 day period. The owner or operator shall make repairs or completely empty the tank as soon as possible; and

(C) Any evidence of leakage as de scribed in this subsection shall also be treated as a malfunction of control equipment as described in section 22a

- 174

- 7 of the Regulations of Connecticut State Agencies. A re

- inspection in accordance with the provisions of this subdivision (3) if this sub section shall be performed immediately after all required repairs are complete.

[(a)(3)] (5) No [“]person[”] shall place, store, or hold in any stationary storage vessel of more
than 250

- gallon (950 liter) capacity any [“volatile organic compound”] VOC wi th a vapor pressure of [1.5] 0.75 pounds per square inch or greater under [actual storage] standard conditions unless such vessel is equipped with a permanent [“]submerged fill pipe[” with a discharge point eighteen (18) inches or less from the bottom of t he storage vessel] or is a pressure [“]tank[”] as described in subdivision [22a

- 174

- 20(a)(2)] (2)(A) of this subsection

. Submerged fill pipes installed on or before the effective date of this subsection shall have a discharge point no more than 18 inches f rom the bottom of the storage tank or be compliant with the requirements of 40 CFR 63 Subpart CCCCCC. Submerged fill pipes installed after the effective date of this subsection shall have a discharge point no more than six inches from the
bottom of the sto rage tank.

[(a)(4)] (6) The provisions of subdivision [22a

- 174

- 20(a)(3)] (5) of this subsection shall not apply to the loading of [“volatile organic compounds”] VOC into any storage vessel having a capacity
of less than one

- thousand (1,000) gallons [which was] installed prior to June 1, 1972, nor to any underground storage vessel installed prior to June 1, 1972, where the fill pipe between the fill connection and the storage vessel is an [“]offset fill pipe.[”]

(7) The external surfaces of any storage tank containing VOC with a vapor pressure of 0.75 pounds per square inch or greater under standard conditions that has a maximum capacity of 2,000 gallons (7,570 liters) or greater and is exposed to the rays of the sun shall be either mill

finished aluminum or painted and maintained white upon the next painting of the tank, or upon being returned to service after being out of service for the first time after the effective date of this subsection, whichever is sooner, and no less than 10 years after the effectiv e date of this subsection, except the requirement to use mill

- finished aluminum or white paint shall not apply to words and logograms applied to the external surface of the storage tank for purposes of identification provided such symbols do not cover more than 20 percent of the external surface area of the tank's sides and top or more than 200 square feet (18.6 square meters), whichever is
less.

(8) When performing a roof landing of a floating roof tank, the owner or operator of any tank
shall :

(A) When the roof is resting on its leg supports or suspended by cables or hangers, the process of filling, emptying or refilling shall be continuous and shall be accomplished as rapidly as possible; and7

(B) After the tank is degassed for the first time after the effective date of this subsection, any in

- service roof landing shall be with the landed height of the floating roof at its minimum setting.

(9) On and after one year after the effective date of this subsection, the owner or operator of any aboveground sto rage tank subject to subdivision (2) of this subsection shall not perform degassing and cleaning during the period from May 1 through September 30 of any year unless the owner or operator complies with the requirements of this subdivision.

(A) An owner or operator may degas a tank if the owner or operator:

(i) Empties the tank of the VOC liquid,

(ii) Minimizes VOC vapors in the tank vapor space by one of the methods identified in subclauses (I) through (IV) of this clause.

(I) Exhausts VOCs contained in the tank vapor space to a vapor control system rated at a minimum 95 percent efficiency until the organic vapor concentration is 5,000 parts per million by volume (ppmv) or less as methane, or is 10 percent or less of the lower explosive limit, whiche ver is less,

(II) Displaces VOCs contained in the tank vapor space to a vapor control system rated at a minimum 95 percent efficiency by filling the tank with a suitable liquid until 90 percent or more of the maximum operating level of the tank is filled. Suitable liquids are organic liquids having a vapor pressure of less than 0.5 pounds per square inch, water, clean produced water, or produced water derived from crude oil having a vapor pressure less than 0.5 pounds per square inch,

(III) If the tank is a free

- water knockout tank, degases the tank vapor space by restricting the outflow of water and floating off the oilpad, such that at least 90 percent of the tank volume is displaced, or

(IV) Uses another measure approved by the commissioner as being

eq ually or more effective in preventing VOC emissions to the outdoor atmosphere. A request to use such a measure shall be submitted in writing to the commissioner no less than 30 days prior to conducting degassing, and

(V) For a floating roof tank, the vapo r in the vapor space below the floating roof shall be controlled, and

(iii) As appropriate, temporarily removes a suitable tank fitting, such as a manway, to facilitate connection to an external vapor control system for no longer than one hour;

(B) The ow ner or operator may clean a tank if:8

(i) At least one of the following cleaning agents is used:

(I) Diesel fuel,

(II) A solvent with an initial boiling point of greater than 302 degrees Fahrenheit,

(III) A solvent with a vapor pressure less than 0. 5 pounds per square inch,

(IV) A solvent with 50 grams per liter VOC content or less, or

(V) Another cleaning agent approved by the commissioner, or

(ii) Steam cleaning is performed; and

(C) The owner or operator shall control emissions from the slu dge removed from a tank that stores a VOC with a vapor pressure of 1.5 pounds per square inch or greater at standard conditions by:

(i) During sludge removal, controlling emissions from the receiving vessel by operating a vapor control system that reduces VOC emissions by at least 95 percent,

(ii) Transferring removed sludge into containers that are vapor

- tight and free of liquid leaks, and

(iii) For sludge stored onsite, storing removed sludge in containers that are

vapor

- tight and free of liquid leaks or in tanks that comply with subdivision (2) of this subsection.

(10) Records

. (A) An owner or operator shall maintain records including, at a minimum, the information described in subparagraph (B) of this subdivision. All such records
shall be:

(i) Made available to the commissioner to inspect and copy upon request, and

(ii) Maintained for five years from the date such record is created.

(B) An owner or operator shall maintain records of the following information:

(i) For a tank equipped with a vapor loss control device specified in subdivision (2) of this subsection:

(I) Type of VOC stored, vapor pressure and monthly throughput,9

(II) A Material Safety Data Sheet or Environmental Data Sheet for each VOC stored, and

(III) Records of the inspe ctions conducted under subdivision (3) of this subsection including, but not limited to, date of the inspection, results and corrective actions taken, if applicable,

(ii) Documentation of control device efficiency and capture efficiency, if applicable, u sing an applicable EPA reference method or alternate method as approved by the commissioner,

(iii) Date and type of maintenance performed on air pollution control equipment, if applicable,

(iv) Documentation of any leak detected, including, but not limit ed to, the date the leak was detected, location of the leak, type of repair made and the date of repair and explanation of the reason for delaying repair, if applicable,

(v) For each floating roof landing event, the tank contents before landing and
after refilling, landed height of the floating roof, height of any liquid remaining in the bottom of the tank after landing, duration of landing and landing emissions calculated using AP

- 42 Chapter 7 methodology,

(vi) Records of all tank degassing, cleaning an d sludge removal activities performed pursuant subdivision (9) of this subsection, and

(vii) Any approval by the commissioner issued pursuant to this subsection.

[(a)(5)] (11) Between May 1 and September 15 the owner or [“]operator[”] of any [“]gasolin e storage tank farm[”] shall not offer for sale, sell or deliver to any [“]dispensing facility[”] in Connecticut [“]gasoline[”] with a [“]Reid Vapor Pressure[”] in excess of 9.0 pounds per square
inch.

[(a)(6)] (12) In addition to the requirements of secti on 22a

- 174

- 4 of the Regulations of Connecticut State Agencies , the [“Commissioner”] commissioner may by permit or order require the owner or [“]operator[”] of any [“]gasoline storage tank farm[”] to provide records of the analysis of [“]gasoline[”] samples to determine compliance with the provisions of subdivision [22a

- 174

- 20(a)(5)] (11) of this subsection

.

[(a)(7) Any “person” who samples or tests “gasoline” for the purposes of determining compliance with subdivision 22a

- 174

- 20(a)(5) shall use the followi ng American Society for Testing and Materials (ASTM) test methods:

(A) ASTM Method D323

- 82, “Standard Method for Vapor Pressure of Petroleum Products (Reid Method)”;

(B) ASTM Method D4057

- 81, “Standard Practice for Sampling of Petroleum and
Petroleum Pro ducts”; or10

(C) ASTM Method D270 “Standard Method of Sampling of Petroleum and Petroleum Products.”]

(13) Samples to be analyzed for Reid vapor pressure shall be collected and handled according to the applicable procedures in American Society for Testing and Materials method D 5842

– 95(2000), “Standard Practice for Sampling and Handling of Fuels for Volatility Measurement.”

(14) Reid vapor pressure shall be determined using American Society for Testing and
Materials method D5191

- 07 (2007), except that the f ollowing correlation equation shall be used:

RVP psi = (0.956 * X) − 0.347.

[(a)(8) The owner or operator of any “tank” which uses the control devices specified in subparagraphs 22a

- 174

- 20(a)(2)(A) or (a)(2)(D) shall ensure that such “tank” meets the

req uirements of subparagraphs (A) through (F) of this subdivision.

(A) There are no visible holes, tears or other openings in the seal or any seal fabric or
materials.

(B) All openings except stub drains are equipped with covers, lids or seals such that:

(i ) the cover, lid or seal is in the closed position at all times except in actual use;
and

(ii) automatic bleeder vents are closed at all times except when the roof is being floated off or being landed on the roof leg supports; and

(iii) rim vents, if p rovided, are set to open when the roof is being floated off the roof leg supports or at the manufacturer's recommended setting.

(C) Routine inspections are conducted through roof hatches once per month.

(D) A complete inspection of cover and seal is condu cted whenever the “tank” is emptied for non

- operational reasons but in any event at least once per year; and

(E) Records of the average monthly storage temperature, true vapor pressure, monthly throughput and type of volatile organic compounds stored are maintained and kept for a minimum of two (2) years after such record is made.

(F) Records of the results of the inspections conducted under subparagraphs (C) and (D) of this subdivision are maintained and kept for a minimum of two (2) years after
such reco rd is made.

(a)(9) Compliance with the requirements regarding the total area of gaps under subparagraph
22a

- 174

- 20(a)(2)(D) shall be determined by physically measuring the length and width of all gaps around the entire circumference of the secondary seal i n each place where a O.32 cm (1/8 in.) uniform diameter probe passes freely (without forcing or binding against the seal) between the seal and the tank wall and summing the area of the individual gaps. Any person who proposes to conduct this test shall no tify the Department's Air Compliance Unit not less than thirty (30) days before the test so the Department may, at its option, observe the test.

(a)(10) The owner or operator of any tank with a capacity in excess of 40,000 gallons and which is equipped wit h an external floating roof shall maintain records of the average monthly storage temperature, the type of liquid stored and its vapor pressure, for any “volatile organic11

compound” with a vapor pressure under actual storage conditions which is greater than 1.0 pounds per square inch but less than 1.5 pounds per square inch.]

Sec 2. Subdivisions (1) through (4) of subsection (b) of section 22a

- 174

- 20 of the Regulations of Connecticut State Agencies are amended to read as follows:

(1) [Additional definiti ons. For the purposes of this subsection the following definition shall apply: “Loading facility” means any aggregation or combination of equipment located on a premises and used to load or unload any volatile organic compound with a vapor pressure
of 1.5 pounds per square inch or greater under actual storage conditions.] Reserved.

(2) No person shall load or permit the loading of any [volatile organic compound] VOC with a vapor pressure of [1.5] 0.75 pounds per square inch or greater under [actual storag e] standard conditions into any delivery vehicle from any loading facility with a throughput of 10,000 gallons or more in any one day unless such loading facility is equipped with a vapor collection and [disposal] vapor recovery system or its equivalent, p roperly installed, in good working order, and in operation, and :

(A) [the] The vapors discharged from the delivery vehicle during loading are processed by a vapor recovery system; and

(B) [the] The amount of [volatile organic compounds] VOCs released t o the ambient air is less than 80 milligrams per liter of liquid loaded over a six (6) hour period. To determine compliance with this requirement the reference methods and test procedures found in [Title] 40 Code of Federal Regulations [Part] 60.503(a) and [Part] 60.503(c), respectively

, shall be used.

(3) No person shall load or permit the loading of any [volatile organic compounds] VOC with a vapor pressure of [1.5] 0.75 pounds per square inch or greater under [actual storage]
standard conditions into a ny delivery vehicle having a capacity in excess of 200 gallons (760 liters) from any loading facility with a throughput of 10,000 gallons or more in any one day unless such loading facility is equipped with a loading arm with a vapor collection adaptor,

pn eumatic, hydraulic, or other mechanical means to force a vapor

- tight seal between the adaptor and the hatch. A means shall be provided to prevent liquid organic compounds drainage from the loading device when it is removed from the hatch of any delivery v ehicle, or to accomplish complete drainage before such removal. When loading is effected through means other than hatches, all loading and vapor lines shall be equipped with fittings [which] that make vapor

- tight connections and [which] close automaticall y when disconnected.

(4) Subdivisions (2) and (3) of this subsection shall apply only to the loading of [volatile organic compounds] VOC with a vapor pressure of [1.5] 0.75 pounds per square inch or greater under [actual storage] standard conditions at a facility from which at least 10,000 gallons of such organic compounds are loaded in any one day. The applicability of subdivisions (2) and (3) of this subsection shall be based upon a thirty day rolling average

, and once a loading facility
exceeds this l imit, the requirements of subdivisions (2) and (3) of this subsection shall [always] apply.12

Sec 3. Subsection (b) of section 22a

- 174

- 20 of the Regulations of Connecticut State Agencies is amended by adding subdivision (17):

(NEW) (17) The owner or oper ator shall not cause, allow or permit leakage from any equipment in VOC service, including but not limited to pumps, valves and compressors. The owner or operator of any equipment in VOC service that is leaking as determined by sight, smell, sound or
VOC measured in excess of 5000 parts per million shall repair such leak no later than fifteen days after detection. A request to delay a repair of a leak may be made to the commissioner in writing if the repair is infeasible for technical or safety reasons. Such a request shall be submitted no later than 15 days after detection of the leak.

Sec 4. Subsection (c) of section 22a

- 174

- 20 of the Regulations of Connecticut State Agencies is amended to read as follows:

(c) [“]Volatile organic compound[” /] and wat er separation. No [“person”] owner or operator shall use any compartment of any single or multiple compartment [“]volatile organic compound[”/ “] and waste water separator[” which] that receives effluent water containing 200 gallons (760 liters) a day or more of any [“volatile organic compound”] VOC with a vapor pressure of 1.5 pounds per square inch or more from any equipment processing, refining, treating, storing, or handling [“volatile organic compounds”] VOC unless such compartment is equipped with on e or more of the following vapor loss control devices, properly installed, in good working order, and in operation:

(1) A container having all openings sealed and totally enclosing the liquid contents. All gauging and sampling devices shall be [gas

- tight ] vapor

- tight except when gauging or sampling is taking place[.] ;
(2) A container [equipped with a floating roof, consisting of a pontoon type, double deck type roof, or internal floating cover, which will rest on the surface of the contents and be equipp ed with a closure seal or seals to close the space between the roof edge and container wall. All gauging and sampling devices shall be gas tight except when gauging or sampling is taking place.] meeting the requirements of subparagraph (a)(2)(B) of this s ection;

(3) A container equipped with a [“]vapor recovery system[” which collects all volatile organic compound vapors discharged from the container and which processes such vapors to reduce their] that reduces VOC emissions by at least 95 per cent by wei ght[.] ; or
(4) A container having other equipment of [equal] equivalent efficiency [for the purpose of “air pollution” control as required by subdivision (3) of this subsection] may be approved by the [“Commissioner”] commissioner by permit or order.

Sec 5. Subsection (x)(12) of section 22a

- 174

- 20 of the Regulations of Connecticut State Agencies is amended to read as follows:

(12) Notice and retests.

Any evidence of leakage as described in this subsection shall [also] be treated as a malfunction
of co ntrol equipment or methods as described in section 22a

- 174

- 7 of the Regulations of Connecticut State Agencies . [Corrective actions shall be taken in accordance with the provisions of subsection [22a

- 174

- 7(c).] A retest in accordance with the provisions of subdivision [(x)(8)]13

(8) of [section 22a

- 174

- 20] this subsection [must] shall be performed [immediately] not more than two business days after all required repairs are complete.

Statement of purpose The main purpose of this proposal is to enhance existi ng and add new requirements to control volatile organic compound (VOC) emissions from large aboveground storage tanks (AST). The requirements are consistent with those in other Northeastern states and generally conform to measures used by AST owners and o perators as a means to limit product loss. The proposal will
also create a small reduction in VOC emissions that will assist Connecticut to attain and maintain
the federal national ambient air quality standard for ozone

.

The Department of Energy and En vironmental Protection (DEEP) currently regulates VOC emissions from storage and transfer of VOC

- containing substances under section 22a

- 174

- 20 of the Regulations of Connecticut State Agencies. DEEP is proposing to remove the option of using an undomed fl oating roof tank to store VOC, clarify inspection requirements and add requirements for roof landing events and degassing and cleaning operations. (Section 1) For storage and transfer of VOC, DEEP is also proposing to include a lower vapor pressure floor for determining applicability and simplify that provision by basing it on absolute vapor pressure rather than actual vapor pressure. (Sections 1 and 2) To minimize fugitive emissions facility

wide, DEEP is proposing to require timely repair of leaks thro ughout the VOC storage and transfer facility. (Section 3) In addition, DEEP is proposing to revise the floating roof requirements for volatile organic compound and water separators to be consistent with the floating roof requirements for storage tanks. ( Section 4)

Minor revisions are proposed to the leak control provisions for synthetic organic chemical and polymer manufacturing equipment by removing an outdated regulatory reference and clarifying the time limit for retesting. (Section 5)

The proposal has no legal impact beyond the direct impact on operations of the owners and operators of equipment subject to the revised requirements.

### Attachment 3
Final Text of the Proposal, Based on Recommendations in the Hearing Officer’s Report

Section 1. Subsection (a) of section 22a

- 174

- 20 of the Regulations of Connecticut State Agencies is amended to read as follows:

Sec. 22a

- 174

- 20. Control of organic compound emissions

(a) Storage of [“]volatile organic compounds[”] and restrictions for the Reid [Vapor Pressure] vapor pressure of gasoline

.

[(a)](1) Definitions. For the purposes of this subsection and subsections (b) and (c) of this
section:

(R) “Aboveground” means located on or above the surface of the ground, partially buried, bunkered or located in a subterranean vault;

(S) “Approved control system” means, a vapor balance system or a vapor recovery syst em[.] ;

(T) “Degassing” means the process of removing organic vapors from a storage tank in preparation for human entry;

(U) “Delivery vehicle” means a tank truck, tank

- equipped trailer, railroad tank car, or other [“]mobile source[”] equipped with a storage [“]ta nk[”] used for the transportation of gasoline from [“]sources[”] of supply to any stationary storage [“]tank[.”] ;

(V) “Dispensing facility” means any site where gasoline is delivered to motor vehicles other than agricultural vehicles from any stationary storag e [“]tank[”] with a capacity of 250 gallons or more[.] ;

(W) “Floating roof” means a movable roof in a storage vessel consisting of a floating deck resting on the surface of the liquid contents, a continuous seal supported against the inner surface of the tank shell, and an envelope closing the gap between the floating deck and the seal. The entire deck, seal and envelope combination is free to rise and fall with the surface of the liquid during filling and emptying of the storage vessel;

(X) “Gasoline” means any p etroleum distillate or petroleum distillate and alcohol
blend [having a reid vapor pressure of four pounds or greater] commercially known or sold as “gasoline” and commonly used as [a motor vehicle] an internal combustion engine fuel[.] ;

(Y) “Gasoline storag e tank farm” means a [“premise”] premises with any individual [“]gasoline[”] storage [“]tank[”] with a capacity equal to or greater than forty thousand (40,000) gallons[.] ;Post Hearing 2

(Z) “Leak

- free” means a condition that exists when the reading on a portable hydrocarbo n analyzer is less than 500 ppm, expressed as methane, above background, measured using EPA Method 21, as identified in 40 CFR Part 60, Appendix A, Determination of Volatile Organic Compounds Leaks;

(AA) “Loading facility” means any combination of equipment lo cated on a premises and used to load or unload any VOC with a vapor pressure of 0.75 pounds per square inch or greater under standard conditions;

(BB) “Reid [Vapor Pressure] vapor pressure ” or “RVP” means the vapor pressure of a liquid in pounds per square inc h absolute at one hundred (100) degrees fahrenheit as determined by American Society for Testing and Materials method [D323

- 82

“ Standard Method for Vapor Pressure of Petroleum Products (Reid Method).]
D5191

- 07 “ Standard Test Method for Vapor Pressure of Pe troleum Products (Mini Method) ; ”

(CC) “Roof landing” means the reduction of the liquid level in a floating roof tank so that the floating roof is no longer floating on the surface of the stored liquid but is resting on its legs or is supported from above by cab les or hangers;

(DD) "Storage tank" means any tank, reservoir or vessel that is a container for liquids or gases, wherein:

(i) No manufacturing process, or part thereof, other than filling or emptying takes place, and

(ii) The only treatment carried out is tr eatment necessary to prevent change from occurring in the physical condition or chemical properties of the liquids or gases deposited into the container. Such treatment may include, but is not limited to, recirculating, agitating, maintaining the temperat ure of the stored liquids or gases, replacing air in the vapor space above the stored liquids or gases with an inert gas to inhibit the occurrence of a chemical reaction or adding a biocide to prevent microbial growth;

(EE) “Throughput” means the number of gal lons delivered through all equipment at a dispensing facility or a loading facility over a specified time interval[ .] ;

(FF) “ Underground” means “underground” as defined in section 22a

- 449(d)

- 1(a)(2) of the Regulations of Connecticut State Agencies;

(GG) “Vapor bala nce system” means a combination of pipes or hoses [which] that creates a closed connection between the vapor spaces of an unloading [“]tank[”] and receiving [“]tank[”] such that vapors displaced from the receiving [“]tank[”] are transferred to the [“]tank[ ”] being unloaded and for which the vapor space connections on the unloading tank, the receiving tank and the pipes or hoses used are equipped with fittings [which] that are vapor

- tight and [which] will automatically and immediately close upon disconnectio n so as to prevent the release of vapors. [The complete system as a whole and not just the individual components shall have been tested and approved by a nationally recognized testing laboratory.] ;Post Hearing 3

(HH) “Vapor recovery system” means a device or system [of devi ces with attendant valves, fittings, piping, and other appurtenances incorporating a means for the incineration of vapors or the liquefaction of vapors by absorption, adsorption, condensation or other means. The complete system as a whole and not just the individual components shall have been tested and approved by a nationally recognized testing laboratory .] that collects vapors to prevent release into the atmosphere. Collected vapors are recovered for use or destroyed; and

(II) "Vapor

- tight" means not capable of allowing the passage of gases at the pressures
encountered.

[(a)(2) No “person” shall place, store or hold in any stationary “tank” reservoir or other container of more than 40,000 gallons capacity any “volatile organic compound” with a vapor pressure of 1.5 pounds per square inch absolute or greater under actual storage conditions unless the “tank,” reservoir or other container is a pressure “tank” capable of maintaining working pressures sufficient at all times to prevent vapor or gas loss to the atmo sphere or is designed, and equipped, with one of the vapor loss control devices listed in subparagraphs (A) through (D) below. If the control devices specified in subparagraphs 22a

- 174

- 20(a)(2)(A) or (a)(2)(D) are used to comply with the requirements of t his subdivision, then the requirements of subdivision 22a

- 174

- 20(a)(8) must also be met.]

(2) No owner or operator shall place, store or hold in any aboveground storage tank of 40,000 gallons (150,000 liters) capacity or greater any VOC with a vapor press ure of 0.75 pounds per square inch or greater under standard conditions unless the tank is designed and equipped with a vapor loss control device identified in either subparagraph (A), (B), (C) or (D)
of this subdivision.

(A) The tank is a pressure tank ca pable of maintaining working pressures sufficient at all times to prevent vapor or gas loss to the atmosphere;

[ (A)] (B) [A] The tank is equipped with a fixed roof and a floating roof[, consisting of a pontoon type, double deck type roof or internal floatin g cover, which will rest]
that rests on the surface of the liquid contents and [be] is equipped with a closure seal or seals to close the space between the roof edge and [“]tank[”] wall. This control equipment is not permitted if the [“volatile organic com pound”] VOC has a vapor pressure of 11.0 pounds per square inch absolute (568 mm[.] Hg)[,] or greater under [actual storage] standard conditions. [All “tank” gauging or sampling devices must be gas

- tight except when “tank” gauging or sampling is taking pla ce.] The owner or operator shall operate and maintain such a tank to
ensure that:

(i) There are no visible holes, tears or other openings in the seal or any seal
fabric or materials

,

(ii) All openings except stub drains are equipped with covers, lids or seals
such that:Post Hearing 4

(I) The cover, lid or seal is in the closed position at all times except when in actual use,

(II) Automatic bleeder vents are closed at all times except when the roof is being floated off or being landed on the roof leg supports,
and

(II I) Rim vents, if provided, are set to open to the manufacturer's recommended setting when the roof is floated off the roof leg supports or cables,

(iii) All tank gauging and sampling devices are vapor

- tight except when tank gauging or sampling is taking place, and

(iv) No liquid accumulates on the top of the floating roof;

[(B)] (C) [A] The tank is equipped with a fixed roof and a [“]vapor recovery system[” which collects all volatile organic compound vapors and gases discharged from the tank and a vapor r eturn or disposal system which] that is designed and operated to [process such vapors so as to] reduce [their emission] emissions of
VOC to the atmosphere by at least 95 percent by weight. An owner or operator limiting vapor loss according to this subparag raph shall perform the following actions no later than ten years after the effective date of this subsection if the tank is in existence prior to the effective date of this subsection or by the initial fill date
if a tank is constructed on or after the eff ective date of this subsection:

(i) Equip any gauging or sampling device on the tank with a leak

- free cover that shall be closed at all times, with no visible gaps, except during gauging or sampling,

(ii) Maintain the fixed roof in a leak

- free condition wi th no holes, tears or uncovered openings, and

(iii) Install and maintain each roof opening in a leak

- free condition at all times except when the cover is open for access or when a vent is required to be open to relieve excess pressure or vacuum in accordan ce with the manufacturer’s design , or

(iv) Once per month, demonstrate compliance with this subsection by inspecting the fittings located on the roof, piping, pressure relief valves and all other valves to ensure they are leak

- free using EPA Method 21 or

u sing another method approved by the commissioner and the Administrator; or

[(C)] (D) [Other] The tank is equipped with other equipment or means of air pollution
control with an efficiency equal to or greater than that required under subparagraph [22a

- 174

- 20 (a)(2)(B)] (C) of this subdivision [for purposes of “air pollution” control as may be] that is approved by the [“Commissioner”]Post Hearing 5

commissioner [by] in a permit or order , where such permit or order has been approved by the Administrator

.

[(D) On or after Jun e 1, 1985 a floating roof, consisting of a pontoon type, double deck type roof or external floating cover, which will rest on the surface of the liquid contents and be equipped with primary and secondary closure seals to close the space between the roof ed ge and the tank wall. This control equipment is not permitted if the volatile organic compound has a vapor pressure of 11.0 pounds per square inch absolute (568 mm. Hg), or greater under actual storage conditions. All tank gauging or sampling devices must be gas

- tight except when tank gauging or sampling is taking place. The owner or operator of any tank subject to this provision
shall ensure that:

(i) Any seal is intact and uniformly in place around the circumference of the floating roof
between the floati ng roof and the tank wall;

(ii) The total area of gaps, determined in accordance with the requirements of subdivision
22a

- 174

- 20(a)(9), exceeding 0.125 inches in width between the secondary closure seal and the tank wall does not exceed 1.0 square inch per foot of tank diameter;

(iii) A secondary closure seal gap measurement as specified in (ii) above is made annually;

(iv) A visual inspection of the secondary closure seal is conducted semi

- annually;

(v) Any emergency roof drain is provided with a slotted f abric cover which covers at least ninety percent (90%) of the area opening.]

(3) An owner or operator limiting vapor loss according to subdivision (2)(B) of this subsection shall conduct inspections as follows:

(A) Once per month visually inspect the flo ating roof deck, deck fittings and rim seal system through the roof hatches of the fixed roof to determine compliance with the requirements of subdivision (2)(B) of this subsection; and

(B) Whenever the tank is emptied and degassed, but no less than onc e every 10 years, conduct an inspection from within the tank by:

(i) Visually inspecting the floating roof deck, deck fittings and rim seal system to determine compliance with the requirements of subdivision (2)(B) of this
subsection and ensure that the se al between the floating roof and the tank wall is uniform, and

(ii) Physically measuring gaps between any deck fitting gasket, seal or wiper and any surface that it is intended to seal. Gaps shall not exceed 0.125
inches.

(C) The inspection specified in su bparagraph (B) of this subdivision may be performed entirely from the top side of the floating roof as long as there is visual access to all deck components specified in subdivision (2)(B) of this subsection

.Post Hearing 6

(4) For any tank subject to subdivision (2) of this subsection, if any piping, valves, vents, seals, gaskets or covers of roof openings are found to have defects or visible gaps or the VOC control requirements of this subsection are not met, the owner or operator shall:

(A) If the tank is not storing liquid

, complete repairs or replacements prior to filling the tank;

(B) If the tank is storing liquid

, complete repairs or replacements or remove the tank
from service within 45 days after discovery of the defect or visible gap. If the owner or operator a nticipates that a repair or replacement cannot be completed or the tank cannot be emptied within 45 days, the owner or operator shall notify the commissioner prior to the end of the 45

- day period. The owner or operator shall make repairs or completely empt y the tank as soon as possible; and

(C) Any evidence of leakage as described in this subsection shall also be treated as a malfunction of control equipment as described in section 22a

- 174

- 7 of the Regulations of Connecticut State Agencies. An inspection in accordance with the provisions of this subdivision (3) if this subsection shall be performed immediately after all required repairs are complete.

[(a)(3)] (5) No [“]person[”] shall place, store, or hold in any stationary storage vessel of more
than 250

- g allon (950 liter) capacity any [“volatile organic compound”] VOC with a vapor pressure of [1.5] 0.75 pounds per square inch or greater under [actual storage] standard conditions unless such vessel is equipped with a permanent [“]submerged fill pipe[” with a discharge point eighteen (18) inches or less from the bottom of the storage vessel] or is a pressure [“]tank[”] as described in subdivision [22a

- 174

- 20(a)(2)] (2)(A) of this subsection

. Submerged fill pipes installed on or prior to the effective date of this subsection shall have a discharge point no more than 18 inches from the bottom of the storage tank or be compliant with the requirements of 40 CFR 63 Subpart CCCCCC. Submerged fill pipes installed after the
effective date of this subsection shall have a discharge point no more than six inches from the bottom of the storage tank.

[(a)(4)] (6) The provisions of subdivision [22a

- 174

- 20(a)(3)] (5) of this subsection shall not apply
to the following:

(A) [loading] Loading of [“volatile organic compounds”] V OC into any storage vessel having a capacity of less than one

- thousand (1,000) gallons [which was] installed prior to June 1, 1972[,] ;

(B) [nor to any] Any underground storage vessel installed prior to June 1, 1972, where the fill pipe between the fill co nnection and the storage vessel is an [“]offset fill pipe[.”] ; or

(C) Any aboveground storage tank equipped with a floating roof.

(7) The external surfaces of any storage tank containing VOC with a vapor pressure of 0.75 pounds per square inch or greater under standard conditions that has a maximum capacity of 2,000 gallons (7,570 liters) or greater and is exposed to the rays of the sun shall be either mill

finished aluminum or painted and maintained white upon the next painting of the tank, or uponPost Hearing 7

being returned to service after being out of service for the first time after the effective date of this subsection, whichever is sooner, and no less than 10 years after the effective date of this subsection, except the requirement to use mill

- finished aluminum or white paint shall not apply to words and logograms applied to the external surface of the storage tank for purposes of identification provided such symbols do not cover more than 20 percent of the external surface area of the tank's sides and top or mor e than 200 square feet (18.6 square meters), whichever is
less.

(8) When performing a roof landing of a floating roof tank, the owner or operator of any tank
shall :

(A) When the roof is resting on its leg supports or suspended by cables or hangers, empty and refill the tank as a continuous process; and

(B) After the tank is degassed for the first time after the effective date of this subsection, any in

- service roof landing shall be with the landed height of the floating roof at its minimum setting.

(9) An owner or operator of an aboveground storage tank shall perform degassing and cleaning as set out in this subdivision.

(A) Beginning with the first June 1 after the effective date of this subsection, an owner or operator shall not perform degassing of any aboveground storage tank subject to subdivision (2) of this subsection during the period from June 1 through August 31 of any calendar year, except as provided in subparagraph (B) of this subdivision;

(B) Notwithstanding subparagraph (A) of this su bdivision, an owner or operator may degas an aboveground storage tank at any time for the purpose of performing a repair that is necessary for safe and proper function of the tank. An owner or operator shall notify the commissioner when a tank is emptied and degassed under this subparagraph within 72 hours of completing the degassing and repair. Such notification shall be submitted to the Compliance Assistance and Coordination Unit of the Bureau of Air Management and shall include the following
informatio n:

(vii) Identification of the facility and the tank degassed,

(viii) Identification of the VOC stored,

(ix) An explanation of the need to degas the tank during the period from June 1 through August 31,

(x) The date the owner or operator determined that degassing and repair

wo uld be necessary,

(xi) The dates that degassing commenced and was completed,

(xii) The date that inspection, repair and refilling was or is anticipated to be completed; andPost Hearing 8

(C) An owner or operator shall clean an aboveground storage tank subject to subdivision (2) of this subsection using one or more of the following methods:

(i) Using any of the following cleaning agents:

(I) Diesel fuel,

(II) A solvent with an initial boiling point of greater than 302 degrees Fahrenheit,

(III) A solvent with a vapor pressur e less than 0.5 pounds per square inch,

(IV) A solvent with 50 grams per liter VOC content or less, or

(V) Another cleaning agent approved by the commissioner and the Administrator, or

(ii) Steam cleaning.

(10) Records

. (A) An owner or operator s hall maintain records including, at a minimum, the information described in subparagraph (B) of this subdivision. All such records
shall be:

(i) Made available to the commissioner to inspect and copy upon request, and

(ii) Maintained for five years fro m the date such record is created.

(B) An owner or operator shall maintain records of the following information:

(i) For a tank equipped with a vapor loss control device specified in subdivision (2) of this subsection:

(I) Type of VOC stored, vapor pr essure and monthly throughput,

(II) A Material Safety Data Sheet or Environmental Data Sheet for each VOC stored, and

(III) Records of the inspections conducted under subdivision (3) of this subsection including, but not limited to, date of the inspecti on, results and corrective actions taken, if applicable,

(ii) Documentation of control device efficiency and capture efficiency, if applicable, using an applicable EPA reference method or alternate method as approved by the commissioner and the Administr ator,Post Hearing 9

(iii) Date and type of maintenance performed on air pollution control equipment, if applicable,

(iv) Documentation of any leak detected pursuant to subdivision (4) of this subsection, including, but not limited to, the date the leak was detected,
l ocation of the leak, type of repair made and the date of repair and explanation of the reason for delaying repair, if applicable,

(v) For each floating roof landing event, the tank contents before landing and after refilling, landed height of the floating roof, height of any liquid remaining in the bottom of the tank after landing, duration of landing and landing emissions calculated using AP

- 42 Chapter 7 methodology,

(vi) Dates of all tank degassing activities performed pursuant to subparagraphs (A) or (B) of subdivision (9) of this subsection,

(vii) Date, cleaning method and cleaning agents used for any cleaning performed pursuant to subparagraph (C) of subdivision (9) of this subsection, and

(viii) Any approval by the commissioner or Administrator issued pursuant to
this subsection.

[(a)(5)] (11) Between May 1 and September 15 the owner or [“]operator[”] of any [“]gasoline storage tank farm[”] shall not offer for sale, sell or deliver to any [“]dispensing facility[”] in Connecticut [“]gasoline[”] with a [“]Reid Vapor Pressure[”] in excess of 9.0 pounds per square
inch.

[(a)(6)] (12) In addition to the requirements of section 22a

- 174

- 4 of the Regulations of Connecticut State Agencies , the [“Commissioner”] commissioner may by permit or order require the owner or [“]operator[”] of any [“]gasoline storage tank farm[”] to provide records of the analysis of [“]gasoline[”] samples to determine compliance with the provisions of subdivision [22a

- 174

- 20(a)(5)] (11) of this subsection

.

[(a)(7) Any “person” wh o samples or tests “gasoline” for the purposes of determining compliance with subdivision 22a

- 174

- 20(a)(5) shall use the following American Society for Testing and Materials (ASTM) test methods:

(A) ASTM Method D323

- 82, “Standard Method for Vapor Pressure of Petroleum Products (Reid Method)”;

(B) ASTM Method D4057

- 81, “Standard Practice for Sampling of Petroleum and Petroleum Products”; or

(C) ASTM Method D270 “Standard Method of Sampling of Petroleum and Petroleum
Products.”

(a)(8) The owner or operator of any “tank” which uses the control devices specified in subparagraphs 22a

- 174

- 20(a)(2)(A) or (a)(2)(D) shall ensure that such “tank” meets the requirements of subparagraphs (A) through (F) of this subdivision.Post Hearing 10

(A) There are no visible holes, tears or o ther openings in the seal or any seal fabric or
materials.

(B) All openings except stub drains are equipped with covers, lids or seals such that:

(i) the cover, lid or seal is in the closed position at all times except in actual use;
and

(ii) automatic bleeder vents are closed at all times except when the roof is being floated off or being landed on the roof leg supports; and

(iii) 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.

(C) Routine inspections are conducted through roof hatches once per month.

(D) A complete inspection of cover and seal is conducted whenever the “tank” is emptied for non

- operational reasons but in any event at least once per year; an d

(E) Records of the average monthly storage temperature, true vapor pressure, monthly throughput and type of volatile organic compounds stored are maintained and kept for a minimum of two (2) years after such record is made.

(F) Records of the results of the inspections conducted under subparagraphs (C) and (D) of this subdivision are maintained and kept for a minimum of two (2) years after
such record is made.

(a)(9) Compliance with the requirements regarding the total area of gaps under subparagraph
22a

- 174

- 20(a)(2)(D) shall be determined by physically measuring the length and width of all gaps around the entire circumference of the secondary seal in each place where a O.32 cm (1/8 in.) uniform diameter probe passes freely (without forcing or binding aga inst the seal) between the seal and the tank wall and summing the area of the individual gaps. Any person who proposes to conduct this test shall notify the Department's Air Compliance Unit not less than thirty (30) days before the test so the Department may, at its option, observe the test.

(a)(10) The owner or operator of any tank with a capacity in excess of 40,000 gallons and which is equipped with an external floating roof shall maintain records of the average monthly storage temperature, the type of liquid stored and its vapor pressure, for any “volatile organic compound” with a vapor pressure under actual storage conditions which is greater than 1.0 pounds per square inch but less than 1.5 pounds per square inch.]

(13) Samples to be analyzed for RVP shall be collected and handled according to the applicable procedures in American Society for Testing and Materials method D 5842

– 95(2000), “Standard Practice for Sampling and Handling of Fuels for Volatility Measurement.”

(14) RVP shall be determined usi ng American Society for Testing and Materials method
D5191

- 07 (2007), except that the following correlation equation shall be used:

RVP ps i = (0.956 * X) − 0.347.

Sec 2. Subdivisions (1) through (4) of subsection (b) of section 22a

- 174

- 20 of the Regulations of Connecticut State Agencies are amended to read as follows:Post Hearing 11

(1) [Additional definitions. For the purposes of this subsection the f ollowing definition shall apply: “Loading facility” means any aggregation or combination of equipment located on a premises and used to load or unload any volatile organic compound with a vapor pressure of 1.5 pounds per square inch or greater under actual storage conditions.] Reserved.

(2) No person shall load or permit the loading of any [volatile organic compound] VOC with a vapor pressure of [1.5] 0.75 pounds per square inch or greater under [actual storage] standard conditions into any delivery vehic le from any loading facility with a throughput of 10,000 gallons or more in any one day unless such loading facility is equipped with a vapor collection and [disposal] vapor recovery system or its equivalent, properly installed, in good working order,
and in operation, and :

(A) [the] The vapors discharged from the delivery vehicle during loading are processed by a vapor recovery system; and

(B) [the] The amount of [volatile organic compounds] VOCs released to the ambient air is less than 80 milligrams p er liter of liquid loaded over a six (6) hour period. To determine compliance with this requirement the reference methods and test procedures found in [Title] 40 [Code of Federal Regulations Part] CFR 60.503(a) and [Part] 60.503(c), respectively

, shall be used.

(3) No person shall load or permit the loading of any [volatile organic compounds] VOC with a vapor pressure of [1.5] 0.75 pounds per square inch or greater under [actual storage]
standard conditions into any delivery vehicle having a capacity in e xcess of 200 gallons (760 liters) from any loading facility with a throughput of 10,000 gallons or more in any one day unless such loading facility is equipped with a loading arm with a vapor collection adaptor, pneumatic, hydraulic, or other mechanical me ans to force a vapor

- tight seal between the adaptor and the hatch. A means shall be provided to prevent liquid organic compounds drainage from the loading device when it is removed from the hatch of any delivery vehicle, or to accomplish complete drainage before such removal. When loading is effected through means other than hatches, all loading and vapor lines shall be equipped with fittings [which] that make vapor

- tight connections and [which] close automatically when disconnected.

(4) Subdivisions (2 ) and (3) of this subsection shall apply only to the loading of [volatile organic compounds] VOC with a vapor pressure of [1.5] 0.75 pounds per square inch or greater under [actual storage] standard conditions at a facility from which at least 10,000 gallo ns of such organic compounds are loaded in any one day. The applicability of subdivisions (2) and (3) of this subsection shall be based upon a thirty day rolling average

, and once a loading facility exceeds this limit, the requirements of subdivisions (2) and (3) of this subsection shall [always] apply.

Sec 3. Subsection (b) of section 22a

- 174

- 20 of the Regulations of Connecticut State Agencies is amended by adding subdivision (17):

(NEW) (17) The owner or operator of a loading facility with a throughp ut of 4,000 gallons or more in any day shall not cause, allow or permit leakage from any equipment in VOC service, includingPost Hearing 12

but not limited to pumps, valves and compressors. The owner or operator of any equipment in VOC service that is leaking as determi ned by sight, smell, sound or measurement of VOC in excess of 5000 parts per million shall repair such leak no later than fifteen days after detection. A request to delay a repair of a leak may be made to the commissioner and the Administrator in writing if the repair is infeasible for technical or safety reasons. Such a request shall be submitted no later than 15 days after detection of the leak.

Sec 4. Subsection (c) of section 22a

- 174

- 20 of the Regulations of Connecticut State Agencies is amended to r ead as follows:

(c) [“]Volatile organic compound[” /] and water separation. No [“person”] owner or operator shall use any compartment of any single or multiple compartment [“]volatile organic compound[”/ “] and waste water separator[” which] that receive s effluent water containing 200 gallons (760 liters) a day or more of any [“volatile organic compound”] VOC with a vapor pressure of 1.5 pounds per square inch or more from any equipment processing, refining, treating, storing, or handling [“volatile organ ic compounds”] VOC unless such compartment is equipped with one or more of the following vapor loss control devices, properly installed, in good working order, and in operation:

(1) A container having all openings sealed and totally enclosing the liquid c ontents. All gauging and sampling devices shall be [gas

- tight] vapor

- tight except when gauging or sampling is taking place[.] ;
(2) A container equipped with a floating roof[, consisting of a pontoon type, double deck type roof, or internal floating cover , which will rest] that rests on the surface of the contents and [be] is equipped with a closure seal or seals to close the space between the roof edge and container wall. All gauging and sampling devices shall be [gas tight] vapor

- tight except when gaugi ng or sampling is taking place[.] ;
(3) A container equipped with a [“]vapor recovery system[” which collects all volatile organic compound vapors discharged from the container and which processes such vapors to reduce their] that reduces VOC emissions by at least 95 per cent by weight[.] ; or
(4) A container having other equipment of [equal] equivalent efficiency [for the purpose of “air pollution” control as required by subdivision (3) of this subsection] may be approved by the [“Commissioner”] commission er [by] in a permit or order , where such permit or order has been approved by the Administrator

.

Sec 5. Subsection (x)(12) of section 22a

- 174

- 20 of the Regulations of Connecticut State Agencies is amended to read as follows:

(12) Notice and retests.

A ny evidence of leakage as described in this subsection shall [also] be treated as a malfunction of control equipment or methods as described in section 22a

- 174

- 7 of the Regulations of Connecticut State Agencies . [Corrective actions shall be taken in accord ance with the provisions of subsection [22a

- 174

- 7(c).] A retest in accordance with the provisions of subdivision [(x)(8)] (8) of [section 22a

- 174

- 20] this subsection [must] shall be performed [immediately] not more than two business days after all require d repairs are complete.

Statement of purposePost Hearing 13

The main purpose of this proposal is to update existing and add new requirements to control volatile organic compound (VOC) emissions from large aboveground storage tanks (AST). The requirements are consisten t with those in other Northeastern states and generally conform to measures used by AST owners and operators to limit product loss. The proposal will also assist Connecticut in meeting the reasonably available control technology requirements necessary
und er the 2008 8

- hour national ambient air quality standard for ozone

.

The Department of Energy and Environmental Protection (DEEP) currently regulates VOC emissions from storage and transfer of VOC

- containing substances through various provisions of
secti on 22a

- 174

- 20 of the Regulations of Connecticut State Agencies. The main provisions of the proposal include: termination of the option of using an undomed floating roof tank to store VOC; clarification of the inspection requirements; and the addition of r equirements for roof landing events and degassing and cleaning operations. (Section 1) For storage and transfer of VOC, DEEP is proposing to include a lower vapor pressure floor for determining applicability and simplify that provision by basing it on vap or pressure at standard conditions, a constant, rather than the actual vapor pressure that changes with ambient temperature. (Sections 1 and 2) To minimize fugitive emissions facility

- wide, DEEP is proposing to require timely repair of leaks from loading facilities. (Section 3) In addition, DEEP is proposing to revise the floating roof requirements for VOC and water separators to clarify that roof designs are not limited to pontoon

- type or double deck covers. (Section 4)

Minor revisions are proposed to the leak control provisions for synthetic organic chemical and polymer manufacturing equipment by removing an outdated regulatory reference and clarifying the time limit for retesting. (Section 5)

The proposal has no legal impact beyond the direct impac t on operations of the owners and operators of equipment subject to the revised requirements.Attachment F

Legislative Commissioners’ Office report

# The Ge era] Assembly

Legislative Commissioners’ Office

Edwin J. Maley, Jr. Commissioner William A. Hamzy
Commissioner

Larry G: J. Shapiro Director Legislative Office Building Suite 5500 Hartford, Connecticut 06106-1591 (860) 240-8410 fax (860) 240-8414 e-mail: lco@cga.ct.gov



# Memorandum

From" Committee Meeting Date: Legislative Regulation Review Committee Legislative Commissioners’ Office February 25, 2014

Regulation No:

Agency:

Subject Matter:

Statutm-y Authority: 2013-37A

Department of Energy and Environmental Protection
Storage of Volatile Organic Compounds

22a-174



### For the Committee’s Information:

This is a resubmittal of regulations that were rejected without prejudice at the committee’s meeting on November 26, 2013. The resubmittal addresses the substantive concern and technical corrections noted in the November 26, 2013 report. An additional technical correction is noted below.

Substantive Concerns"

### Technical Corrections:

1. Throughout the proposed regulation, there are instances where "VOC" should be "VOCs" for proper form. For example, on page 6, in section 22a- 174-20(a)(6)(A),"VOC" should be "VOCs" for proper form.

### Recommendatfion:



### x X Approval in whole

with technical corrections

with deletions with substitute pages Disapproval in whole or in part Rejection without prejudice



### Reviewed by:

Date: Bradford M. Towson

February 8, 2014 / Shalmon McCarthy

### Sec. 22a-174. (Formerly Sec. 19-508). Powers of the commissioner. Regulations.

Fees. Exemptions. General permits. Appeal of commissioner’s action re permit applications. (a) The commissioner, in the manner provided in subdivision (1) of section 22a-6, shall have the power to formulate, adopt, amend and repeal regulations to control and prohibit air pollution throughout the state or in such areas of the state as are affected thereby, which regulations shall be consistent with the federal Air Pollution Control Act and which qualify the state and its municipalities for available federal grants. Any person heard at the public hearing on any such regulation shall be given written notice of the

determination of the commissioner.

(b) The commissioner shall have the power to (1) enter into contracts with technical consultants, including, but not limited to, nonprofit corporations created for the purpose of facilitating the state’s implementation of multistate air pollution control programs, for special studies, advice and assistance; to consult with and advise and exchange information with other departments or agencies of the state; and (2) serve on the board of directors of a nonprofit corporation, including, but not limited to, a nonprofit corporation created for the purpose of facilitating the state’s implementation of multistate air pollution control

programs.

(c) The commissioner shall have the power, in accordance with regulations adopted by him, (1) to require that a person, before undertaking the construction, installation, enlargement or establishment of a new air contaminant source specified in the regulations adopted under subsection (a) of this section, submit to him plans, specifications and such information as he deems reasonably necessary relating to the construction, installation, enlargement, or establishment of such new air contaminant source; (2) to issue a permit approving such plans and specifications and permitting the construction, installation, enlargement or establishment of the new air contaminant source in accordance with such plans, or to issue an order requiring that such plans and specifications be modified as a condition to his approving them and issuing a permit allowing such construction, installation, enlargement or establishment in accordance therewith, or to issue an order rejecting such plans and specifications and prohibiting construction, installation, enlargement or establishment of a new air contaminant source in accordance with the plans and specifications submitted; (3) to require periodic inspection and maintenance of combustion equipment and other sources of air pollution; (4) to require any person to maintain such records relating to air pollution or to the operation of facilities designed to abate air pollution as he deems necessary to carry out the provisions of this chapter and section 14-164c; (5) to require that a person in control of an air contaminant source specified in the regulations adopted under subsection (a), obtain a permit to operate such source if the source (A) is subject to any regulations adopted by the commissioner concerning high risk hazardous air pollutants, (B) bums waste oil, (C) is allowed by the

### coamnissioner, pursuant to regulations adopted under subsection (a), to exceed emission

limits for sulfur compounds, (D) is issued an order pursuant to section 22a-178, or (E) violates any provision of this chapter, or any regulation, order or permit adopted or issued thereunder; (6) to require that a person in control of an air contaminant source who is not required to obtain a permit pursuant to this subsection register with him and provide such information as he deems necessary to maintain his inventory of air pollution sources and the commissioner may require renewal of such registration at intervals he deems necessary to maintain such inventory; (7) to require a permit for any source regulated under the federal Clean Air Act Amendments of 1990, RL. 101-549; (8) to refuse to issue a permit if the Environmental Protection Agency objects to its issuance in a timely manner under Title V of the federal Clean Air Act Amendments of 1990; and (9) notwithstanding any regulation adopted under this chapter, to require that any source permitted under Title V of the federal Clean Air Act Amendments of 1990 shall comply with all applicable standards set forth in the Code of Federal Regulations, Title 40, Parts 51, 52, 59, 60, 61, 63, 68, 70,
72 to 78, inclusive, and 82, as amended from time to time.

(d) The commissioner shall have all incidental powers necessary to carry out the purposes of this chapter and section 14-164c.

(e) As used in this subsection, "contiguous" means abutting or adjoining without consideration of the actual or projected existence of roadways, walkways, plazas, parks or other minor intervening features; "indirect source" means any building, structure, facility, installation or combination thereof, that has or leads to associated activity as a result of which any air pollutant is or may be emitted. The commissioner shall not require the submission of plans and specifications under indirect source regulations adopted pursuant to subdivisions (1) and (2) of subsection (c) of this section for proposed construction to be undertaken within a redevelopment area or urban renewal project, as defined in chapter 130, provided (1) the proposed construction is pursuant to a plan for such redevelopment area or urban renewal project adopted pursuant to section 8-127 prior to October 1, 1974, or to a modification of such plan, (2) the proposed construction is part of a contiguous, single purpose or multipurpose development or developments and (3) site clearance or construction had commenced on a portion of the site of such development or developments prior to October 1, 1974, nor shall the commissioner issue any order pursuant to subdivision (1) of subsection (c) of this section pertaining to the enforcement of indirect source regulations with respect to such proposed construction within such redevelopment areas and urban renewal projects. In the event that the modification of any such plan after October 1, 1974, would result in the proposed construction generating substantially more motor vehicle traffic than would have been generated prior to such modification, the submission of plans and specifications shall be required for such proposed modification. The commissioner shall not require the renewal of an indirect source operating permit

### issued in accordance with subsection (c) of this section unless such indirect source no

longer conforms with plans, specifications or other information submitted to said commissioner in accordance with said subsection (c).

(f) The commissioner shall allow the open burning of brush on residential property, provided the burning is conducted by the resident of the property or the agent of the resident and a permit for such burning is obtained from the local open burning official of the municipality in which the property is located, and the open burning of brush in municipal landfills, transfer stations and municipal recycling centers, provided a permit for such burning is obtained from the fire marshal of the municipality where the facility is located, except that no open burning of brush shall occur (1)when national or state ambient air quality standards may be exceeded; (2) where a hazardous health condition might be created; (3) when the forest fire danger in the area is identified by the commissioner as extreme and where woodland or grass land is within one hundred feet of the proposed burn; (4) where there is an advisory from the commissioner of any air pollution episode; (5) where prohibited by an ordinance of the municipality; and (6) in the case of a municipal landfill, when such landfill is within an area designated as a hot spot on the open burning map prepared by the commissioner. A permit for the burning of brush at any municipal landfill, municipal transfer station or municipal recycling center shall be issued no more than six times in any calendar year. The proposed permit to burn brush at any municipal landfill, municipal transfer station or municipal recycling center shall be submitted to the commissioner by the fire marshal, with the approval of the chief elected official of the municipality in which the municipal landfill, municipal transfer station or municipal recycling center is located. The commissioner shall approve or disapprove the fire marshal’s proposed permitting of burning of brush at a municipal landfill, municipal transfer station or municipal recycling center within a reasonable time of the filing of such application. The burning of leaves, demolition waste or other solid waste deposited in such landfill shall be prohibited. The burning of nonprocessed wood for campfires and bonfires is not prohibited if the burning is conducted so as not to create a nuisance and in accordance with any restrictions imposed on such burning. Nothing in this subsection or in any regulation adopted pursuant to this subsection shall affect the power of any municipality to regulate or ban the open burning of brush within its boundaries for any purpose. Notwithstanding any other provision of this section, fire breaks for the purpose of controlling forest fires and controlled fires in salt water marshes to forestall uncontrolled fires are not prohibited. Open burning may be engaged in for any of the following purposes if the open burning official with jurisdiction over the area where the burning will occur issues an open burning permit: Fire-training exercises; eradication or control of insect infestations or disease; agricultural purposes; clearing vegetative debris following a natural disaster; and vegetative management or enhancement of wildlife habitat or ecological sustainability on municipal property or on any privately owned property permanentlydedicated as open space. Open burning for such purposes on state property 111ay be

engaged in with the written approval of the commissioner. Local burning officials nominated for the purposes of this subsection shall be nonainated only by the chief executive officer of the municipality in which the official will serve and shall be certified by the commissioner. The chief executive officer may revoke the nomination. The commissioner may adopt regulations, in accordance with the provisions of chapter 54, governing open burning and may authorize or prohibit open burning consistent with this section. The regulations may require the payment of an application fee and inspection fee and may establish a certification procedure for local burning officials.



### (g) The commissioner shall require, by regulations adopted in accordance with the provisions of chapter 54, the payment of a permit application fee sufficient to cover the reasonable costs of reviewing and acting upon an application for, and monitoring compliance with the terms and conditions of, any state or federal permit, license, order, certificate or approval required pursuant to this section. Any person obtaining a permit, pursuant to said regulations, for the construction or operation of a source of air pollution or for modification to an existing source of air pollution shall submit a permit fee of twice the amount of the fee established by regulations in effect on July 1, 1990. The commissioner shall require the payment of a permit application fee of two hundred dollars.

(h) The commissioner may require, by regulations adopted in accordance with the provisions of chapter 54, payment of a fee by the owner or operator of a source of air pollution, sufficient to cover the reasonable cost of a visual test of an air pollution control device through the use of a dust compound in the detection of leaks in such device, or the monitoring of such test, provided such fee may not exceed the average cost to the department for the conduct or monitoring of such tests plus ten per cent of such average cost. Except as specified in section 22a-27u, all payments received by the commissioner pursuant to this subsection shall be deposited in the General Fund and credited to the appropriations of the Department of Energy and Environmental Protection in accordance with the provisions of section 4-86.

(i) Notwithstanding the provisions of subsections (g) and (h) of this section, no municipality shall be required to pay more than fifty per cent of any fee established by the commissioner pursuant to said subsections.

(j) Fees or increased fees prescribed by this section shall not be applicable to residential

property.

(k) (1) The commissioner may issue a general permit with respect to a category of new or existing stationary air pollution sources, except with respect to a source which is already covered by an individual permit, provided the general permit is not inconsistent with the

### federal Clean Air Act, as amended in 1990, 42 USC, Sections 7401 et seq., and as it may

be further amended from time to time. Any person conducting an activity for which a general permit has been issued shall not be required to obtain an individual permit under this section, except as provided in subdivision (5) of this subsection. The general permit may regulate a category of sources which, whether or not requiring a permit under the federal Clean Air Act, (A) involve the same or substantially similar types of operations or substances, (B) require the same types of pollution control equipment or other operating conditions, standards or limitations, and (C) require the same or similar monitoring, and which, in the opinion of the commissioner, are more appropriately controlled under a general permit than under an individual permit. The general permit may require that any person proposing to conduct any activity under the general permit register such activity, including obtaining approval from the commissioner, before the general permit becomes effective as to such activity, and may include such other conditions as the commissioner deems appropriate, including, but not limited to, management practices and verification and reporting requirements. Any such reports shall be made available to the public by the commissioner. The commissioner shall grant an application for approval under a general permit without repeating the notice and comment procedures provided under subdivision (2) of this subsection, and such a grant shall not be subject to judicial review under subdivision (4) of this subsection. Registrations and applications for approval under the general permit shall be submitted on forms prescribed by the commissioner; application forms concerning activities regulated under the federal Clean Air Act shall require that the applicant provide such information as may be required by that act. The commissioner shall prepare, and annually amend, a list of holders of general permits under this section, which list shall be made available to the public.

(2) Notwithstanding any other procedures in this chapter, any regulations adopted thereunder, and chapter 54, the commissioner may issue a general permit in accordance with the following procedures: (A) The commissioner shall publish in a newspaper, having a substantial circulation in the affected area or areas, notice of (i) intent to issue a general permit, (ii) the right to inspect the proposed general permit, (iii) the opportunity to submit written comments thereon, and (iv) the right to a public hearing if, within the comment period, the commissioner receives a petition signed by at least twenty-five persons provided the notice shall state that the right to a public hearing may be exercised upon request of any person if the permit regulates an activity which is subject to provisions of the federal Clean Air Act; (B) the administrator of the United States Environmental Protection Agency and any states affected by the general permit shall be given notice as may be required by the federal Clean Air Act; (C) the commissioner shall allow a comment period of thirty days following publication of notice under subparagraph (A) of this subdivision during which interested persons may submit written comments concerning the permit to the commissioner; (D) the commissioner shall not issue the general permit until

### after the comment period and the public hearing, if one is held; (E) the commissioner shall

publish notice of any general permit issued in a newspaper having a substantial circulation in the affected area or areas; and (F) summary suspension may be ordered in accordance with subsection (c) of section 4-182. Any person may request that the commissioner issue, modify, revoke or suspend a general permit in accordance with this subsection.

(3) Any general permit under this subsection shall be issued for a fixed tenn. A general permit covering an activity regulated under the federal Clean Air Act shall be issued for a term of no more than five years. A general pel~nit covering an activity regulated under the federal Clean Air Act shall contain such additional conditions as may be required by that

act.

(4) Notwithstanding any other provision of this chapter and chapter 54, with respect to a general permit concerning activities regulated under the federal Clean Air Act, any person who submitted timely comments thereon may appeal the issuance of such permit to the superior court in accordance with the provisions of section 4-183. Such appeal shall have precedence in the order of trial as provided in section 52-192.

(5) Subsequent to the issuance of a general permit, the commissioner may require a person whose activity is or may be covered by the general permit to apply for and obtain an individual permit pursuant to this chapter if he determines that an individual permit would better protect the land, air and waters of the state from pollution. The commissioner may require an individual permit under this subdivision in cases including, but not limited to, the following: (A) The permittee is not in compliance with the conditions of the general permit; (B) a change has occurred in the availability of demonstrated technology or practices for the control or abatement of pollution applicable to the permitted activity; (C) circumstances have changed since the time the general permit was issued so that the permitted activity is no longer appropriately controlled under the general permit, or a temporary or permanent reduction or elimination of the permitted activity is necessary; or (D) a relevant change has occurred in the applicability of the federal Clean Air Act. In making the determination to require an individual permit, the commissioner may consider the location, character and size of the source and any other relevant factors. The commissioner may require an individual permit under this subdivision only if the person whose activity is covered by the general permit has been notified in writing that an individual permit is required. The notice shall include a brief statement of the reasons for requiring an individual permit, an application form, a statement setting a time for the person to file the application and a statement that the general permit as it applies to such person shall automatically terminate on the effective date of the individual permit. Such person shall forthwith apply for, and use best efforts to obtain, the individual permit. Any person may petition the cormnissioner to take action under this subdivision.

### (6) The commissioner may adopt regulations, in accordance with the provisions of

chapter 54, to carry out the purposes of this subsection.

(1) In any proceeding on an application for a permit which is required under 42 USC 7661a, the applicant, and any other person entitled under said section to obtain judicial review of the commissioner’s final action on such application may appeal such action in accordance with the provisions of section 4-183.

(m) The commissioner shall not issue a permit for an asphalt batch plant or continuous mix facility under the provisions of this section until July 1, 2004, unless the commissioner determines that the issuance of the permit will result in an improvement of environmental performance of an existing asphalt batch plant or continuous mix plant. The provisions of this section shall apply to any application pending on May 5, 1998. Nothing in this section shall apply to applications for upgrading, replacing, consolidating or otherwise altering the physical plant of an existing facility provided such upgrade, replacement, consolidation or alteration results in an improvement of environmental performance or in reduced total emissions of air pollutants.

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