### ,· 06-096 Chapter 112:

1. Scope

# DEPA~MENT OF ENVIRON:VIENTAL

# PROTE~ON BULKTERMINALPETROLEUMLIQUIDTRANSFER REQUIREMENTS SUMMARY: This regulation requires bulk gasoline terminals loading tank trucks ortrailers and who dispense 20,000 gallons or more ofgasoline perday to install a vapor control system and requires tank truck tightness cen:ification. This system must control gasoline vapors so that not more than 35 milligrams of vapor escapes for each liter of gasoline transferred. Two federal regulations. requiring controls on marine vessel loading operations and gasoline distribution using maximum achievable control technology (NlACT). are incorporated by reference.

A. This regulation applies to all ambient air quality control regions ofthe State ofMaine. B. This regulation shall apply to all bulk gasoline terminals that have a daily throughput ofgasoline of20,000 gallons or more and the appurtenant equipment necessary to load tank trucks ortrailer compartments. Once a bulk gasoline terminal exceeds a daily throughput of20.000 gallons or more ofgasoline, the requirements ofthis regulation shall always apply. Bulk gasoline terminals built or modified after December 17. 1980 are subject to New Source Performance Standards as defined in 40 CFR, Part 60, SubpartXX. C. All bulk gasoline terminals or pipeline breakout stations that are major sources (those that have the potential to emit 10 tons/year or more ofa hazardous air pollutant (HAP) or 25 tons/year or more ofa combination ofHAPs) or are located at plant sites that are major sources ofHAPs are subject to Section 7(A) ofthis regulation. Bulk gasoline terminals or pipeline breakout stations that are located at a non-major source of HAPs are subject to some of the recordkeeping, reporting and operating requirements ofSection 7(A). D. Marinetank vessel loadingoperations are subjectto Section 7(8)ofthis regulation.

2. Definitions A. Loading rack. "Loading rack" means the loading arms, pumps, meters. shutoffvalves, relief valves, and other piping and valves necessary to fill gasoline tank trucks at bulk gasoline terminals. B. Pipeline breakout station. "Pipeline breakout station" means a facility along a pipeline containing storage vessels used to relieve surges or receive and store gasoline from the pipeline for reinjection and continued transportation by pipeline orto other facilities. 3. Prohibition. No owneroroperatorofany bulk gasoline terminal may permit or suffergasoline to be loaded into any tank trucks ortrailer unless: A. The tank truck or trailer has been certified within the last 12 months as vapor-tight pursuant to Chapter 120 ofthe Department's regulations.06-096 . . 

# ,_,**DEPA~ENT** OF ENVIRONMENTAL PROTECTION

B. The bulk gasoline terminal is equipped to vent all displaced vapors and gases only to a vapor control system that has been properly installed and \vhich is maintained in good \vorking order. and which must be in operation at all times gasoline is being transferred to tank trucks from the storage tanks. This vaporcontrol system shall consist ofthe follov.·ing: (I) An absorber/adsorption unit or condensation system \vhich processes and recovers all vapors and gases from the equipment being controlled such that mass emissions ofvolarile organic compoundsdo not exceed 35 milligrams per literofgasoline transferred: or (2) A vapor collection system \vhich directs all vapors to a fuel gas system. such as a them1al oxidizer: or (3) Any other compiiance plan that has express written approval by the Commissioner and the United States Environmental Protection Agency. 

### C. A means is provided to prevent liquid drainage from the loading device when it is not in use orto accomplish complete drainage before the loading device is disconnected. There shall be no liquid drainage from the loading device. D. All loading and vapor lines are equipped with fittings which make vapor-tight connections and which close automatically when disconnected. E. The pressure in the vapor collection system is not allowed to exceed the tank truck or trailer pressure reliefsettings. Gasoline dispensing facilities and bulk gasoline terminals may not allow gasoline to be discarded in sewers or stored in open containers. Gasoline dispensingfacilities and bulk gasoline terminals may not allow gasolineto be handled in any manner that would result in evaporation. 4. Emission Standard A. As ofAugust 31, 1996, no owneror operator ofany bulk gasoline terminal shall allow the mass emissions ofvolatile organic compounds from such terminal to exceed the emission limit of35 milligrams per literofgasoline transferred. B. No owner or operator ofany bulk gasoline terminal which is a major source for hazardous air pollutants (HAPs) shall allow emissions from the vapor collection and processing system to exceed 10 milligrams oftotal organic compounds per literofgasoline loaded to cargo tanks. 5. ComplianceSchedule Final compliance with the 35 milligrams per liter ofgasoline transferred emissions limit shall be achieved before August 31, 1996. 6. Emission Testing. Compliance with this standard shall be determined by methods promulgated in 40 Code ofFederal Regulations, Part 60.503 or other methods approved by the Commissioner and the United States Environmental Protection Agency. Chapter 112: BulkTerminal Petroleum LiquidTransferRequirements -2-06-096

# DEPA~ENTOF ENVIRONMENTAL

# PROTE~N .

7. ;'ll'ational Emission Standards for Hazardous Air Pollutants: Gasoline Distribution (Stage I) and MarineTankVessel LoadingOperations. Section 112(d) of the !990 Clean Air Act Amendments require EPA to promulgate regulations establishing emission standards for each category or subcategory of major sources and area sources of hazardous air pollutants. These emission standards require maximum achievable control technology (MACT) for the reduction of hazardous air pollutantemissions. EPA has promulgated National Emission Standards for Hazardous Air Pollutants for the following: :\. -WCFR Part63, SubpartR. "National Emission Standards for Hazardous Air Pollutants for Source Categories: Gasoline Distribution (Stage I)" as published in the Federal Register, Vol. 59. No. 239. pages 64303-64325 on December 14. 1994:60 FR 7627:60 FR 32913: 60 FR 43260; 60 FR 62992: 61 FR 77'2.3: and 62 FR 9092 are incorporated by reference herein. B. 40 CFRPart63, SubpartY. "National Emission Standards for Hazardous Air Pollutants for Marine Tank Vessel Loading Operations" as published in the Federal Register. Vol. 60.No. 181, pages 48399-48417 on September 19, 1995, are incorporated by reference herein.

BASIS STATEMENT AUTHORITY: 38 M.R.S.A., Section 585, 585-A EFFECTIVE DATE: May 7, 1979 Amended: December26, 1981 Amended: June 26, 1986 Amended: September21, 1988 Amended: October3, 1989 Amended: November3, 1990 Amended: June 9, 1991 Amended: July II, 1994 Amended: July 25, 1995 Amended: f:e

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Gasoline is a hydrocarbon vapor that aids the formation ofozone in the atmosphere. It is necessary to control such hydrocarbon vapors present in the atmosphere, because Maine is violating the federal ozone ambient air quality standard. This regulation controls the maximum amount ofgasoline emission so to reduce the ozone formed. BASIS STATEMENTFORAMENDMENTOFOCTOBER 14, 1981 Public Law 1981, Chapter441, authorized the Board ofEnvironmental Protection with the consent ofthe United States Environmental Protection Agency to modify the compliance schedule of 38 M.R.S.A., Section 610, "as the public interestrequires to afford equitable treatment to bulk gasoline terminals in the Central Maine and DowneastAir Quality Control Regions." Upon Petition for Rulemaking by Irving Oil Chapter I12: BulkTerminal Petroleum Liquid TransferRequirements

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# DEPAR~ENT OF ENVIRONMENTAL PROTECTION Corporation ofSe:lrSport the Board concluded that Regulation. Chapter 112 does not apply in Searsport because imposing expensive emission controls on Irving is inequitable as long as nearby terminals in the Downeast Air Quality Control Region with which the Searsport terminal competes are not equipped with VOC controls. BASIS STATEMENTFORAMENDMENT OFJUNE 26,1986 The United States Environmental Protection Agency promulgated test methods and procedures for volatile organic compound emissions from bulk gasoline terminals. This regulation change updates the emission testing procedure provisions ofthis regulation to the federally approved method. BASIS STATEMENTFORAMENDMENTOFAUGUST 10,1988 This amendment expanded the scope of the regulation to include all Ambient Air Quality Control Regions. Uncontrolled gasoline storage terminals in Downeast and Central Maine Air Quality Control Regions have been estimated as emitting over 800 tons ofhydrocarbons annually. The use offloating roofs and vapor control systems (Chapters Ill and 112) for bulk gasoline terminals is considered Best Practical Treatment and will reduce emissions by about 94 percent. BASIS STATEMENTFORAMENDMENTOFSEPTEMBER27, 1989 This amendment corrected certain minor deficiencies identified by the U.S. Environmental Protection Agency in the State Implementation Plan (SIP) and for consistency with State statute. The U.S. Environmental Protection Agency commented that there should be no cut-offexemption of3500 gallons for tank trucks as the original SIP includes all tank trucks. The Department believes the 3500 gallon capacity cut-off is appropriate. There are only a minimum number of trucks under the 3500 gallon capacity which pick up gasoline at the bulk gasoline terminals. Therefore the environmental impact is deemed insignificant. BASIS STATEMENTFORAMENDMENTOFSEPTEMBER26, 1990 During the I 14th Session ofthe Maine Legislature, the Board ofEnvironmental Protection was given the authority under 38 M.R.S.A. 585 and 585-A to establish and amend emission standards and regulations to implement ambient air quality standards and emission standards. This rule was amended to reflect the new authority under statute. No request for public hearing nor comments were received on the reauthorization. BASIS STATEMENTFORAMENDMENTOF

### NL"-Y22, 1991 This amendment corrected certain minor deficiencies identified by the Environmental Protection Agency in the State Implementation Plan (SIP). The U. S. Environmental Protection Agency commented that since the State has opted to retain the tank truck cutoff exemption of 3500 gallons or less, a demonstration must be made to show that those trucks account for less than 0.8 percent ofthe gasoline throughput in the State. A survey was conducted that sufficiently met that criteria. The U. S. EPA also commented that the "tank truck" definition need clarification that the exemption applied to trucks with a total truck capacity ofless than 3500 gallons and that after this date any additional trucks added to the fleet not be exempted from VOC Control requirements.

Chapter 112: BulkTerminal Petroleum Liquid Transfer Requirements

- 4-06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION Finally, the EPA had identified a problem with the effective dates that caused confusion over control requirements at certain facilities, which was corrected in this amendment. BASIS STATEMENTFORAMENDMENTOFJUNE 22, 1994 This amendment removes the definitions bulk gasoline terminal, gasoline, tank truck. and vapor control system from this chapter and relocates them to Chapter I00. Definitions since these apply to more than justChapter I12. In addition to the Basis Statement above. the Department has filed with the Secretary of State its responses to comments received during the public comment period. BASIS STATEMENTFORAMENDMENT OFJULY 19, 1995 This amendment lowers allowable emissions ofVOCs from 80 milligrams per liter to 35 milligrams per liter as a control strategy in Maine's 15% Reasonable Further Progress plan. Only one terminal operator presented testimony in opposition to this new emission limit. In response to concerns regarding the compliance deadline the Department moved the deadline back to August 31, 1996. Several other minor changes were enacted to clarify provisions ofthe rule. BASIS STATEMENTFORAMENDMENT OFJANUARY 28, 1998 The 1990 Clean Air Act Amendments require EPA to promulgate regulations establishing emission standards for each category orsubcategoryofmajor sources and area sources ofhazardous airpollutants. These emission standards require maximum achievable control technology (MACT) for the reduction of hazardous airpollutantemissions. EPA has promulgated [\;ational Emission Standards for Hazardous Air Pollutants to control gasoline distribution sources and marine vessel loading operations. These two federal rules are incorporated by reference in this Chapter. The gasoline distribution standard requires emissions from the vaporcollection and processing systems due to the loading ofgasoline cargo tanks be limited to I0 milligrams oftotal organic compound per liter ofgasoline loaded. The federal rules will reduce volatile organic compounds (VOC) and emissions ofabout 10 air toxics, including benzene and toluene.

Chapter 112: BulkTerminal PetroleumLiquidTransferRequirements

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### TO: ATTN:

1. 

### Secretary ofState Administrative Procedure Officer State House Station 329 

## FEB 1**7~** Augusta, Maine 04333**SES?.S/-~._,.** c;-;:

## ·;:"7,-;:t.:.__j Deoartment ofEnvironment'a1

## ProtecriO'~-- AGENCY: 2. AGENCY UMBRELLA AND UNIT#:**=06:!--.::::..:09~6:......--**

### ________ _ 3. TITLE OF RULE(S):Bulk Terminal Petroleum Liquid Transfer Requirements 4. 

### 5. CHAPTER NUMBER ASSIGNED TO THE RULE(S): Chapter 112 DATE(S)/METH

### 0D(S) 

### 0F NOTICE:

_ __::O:...:..:n....,N_,_,o<...:.v=em=be=r_.,l'-'-4..._.""""'19'"""9...:..7....,_,i n'"'-=th=e

__ Kennebec Journal and on November 26. 1997 in the Kennebec Journal. Brunswick Times Record. Portland Press Herald. Bangor Dailv News. Lewiston Sun-Journal, Biddeford Journal Tribune and Waterville Morning Sentinel. 6. DATE(S)/PLACE(S) OF HEARINGS(S): December 17, 1997 at 9:00 A.M. at the Civic Center, Augusta, Maine. 7. TYPE OF RULE: 

### 0 New Rule • Amendment ofExisting Rule 

## D Emergency Rule 

## D Repeal ofExisting Rule 

## D Suspension ofExisting Rule 8. NAME/PHONE OF AGENCY CONTACT PERSON: Carolvn Wheeler at 207-287-2437. 9. CERTIFICATION STATEMENT: I. 

### Edward 0. 

### Sullivan. herebv certifv that the attached is a true copv ofthe rule described above and lawfully adopted bv the

PRINTED NAME & 

### TITLE: Edward 0. 

### Sullivan. Commissioner 10.

# APPROVE~ to 

### form and legality by the Attorney General on

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SIGNATURE: 

# cs;;t,...**~**I 

### PRINTED NAME: MAPA-I FOR1\t1 November 1992