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06-096 

Chapter 112: 

1. Scope 

DEPA~MENT OF ENVIRON:VIENTAL PROTE~ON 

BULK TERMINAL PETROLEUM LIQUID TRANSFER 

REQUIREMENTS 

SUMMARY: This regulation requires bulk gasoline terminals loading tank 

trucks or trailers and who dispense 20,000 gallons or more of gasoline per day 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 of the State of Maine. 

B. This regulation shall apply to all bulk gasoline terminals that have a daily throughput of gasoline 

of 20,000 gallons or more and the appurtenant equipment necessary to load tank trucks or trailer 

compartments. Once a bulk gasoline terminal exceeds a daily throughput of 20.000 gallons or 

more of gasoline, the requirements of this 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, Subpart XX. 

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 of a hazardous air pollutant (HAP) or 25 tons/year or 

more of a combination of HAPs) or are located at plant sites that are major sources of HAPs are 

subject to Section 7(A) of this 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 of Section 7(A). 

D. Marine tank vessel loading operations are subject to Section 7(8) of this regulation. 

2. Definitions 

A. Loading rack. "Loading rack" means the loading arms, pumps, meters. shutoff valves, 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 or to other facilities. 

3. Prohibition. No owner or operator of any bulk gasoline terminal may permit or suffer gasoline to be 

loaded into any tank trucks or trailer unless: 

A. The tank truck or trailer has been certified within the last 12 months as vapor-tight pursuant to 

Chapter 120 of the 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 vapor control system shall consist of the 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 of volari le organic 

compounds do not exceed 35 milligrams per liter of gasoline 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 com pi iance 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 or to 

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 relief settings. 

Gasoline dispensing facilities and bulk gasoline terminals may not allow gasoline to be discarded 

in sewers or stored in open containers. Gasoline dispensing facilities and bulk gasoline terminals 

may not allow gasoline to be handled in any manner that would result in evaporation. 

4. Emission Standard 

A. As of August 31, 1996, no owner or operator of any bulk gasoline terminal shall allow the mass 

emissions of volatile organic compounds from such terminal to exceed the emission limit of 35 

milligrams per liter of gasoline transferred. 

B. No owner or operator of any 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 of total organic compounds per liter of gasoline loaded to cargo tanks. 

5. Compliance Schedule 

Final compliance with the 35 milligrams per liter of gasoline transferred emissions limit shall be 

achieved before August 3 1, 1996. 

6. Emission Testing. Compliance with this standard shall be determined by methods promulgated in 

40 Code of Federal Regulations, Part 60.503 or other methods approved by the Commissioner and 

the United States Environmental Protection Agency. 

Chapter 112: Bulk Terminal Petroleum Liquid Transfer Requirements 

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06-096 DEPA~ENTOF ENVIRONMENTAL PROTE~N . 

7. ;'ll'ational Emission Standards for Hazardous Air Pollutants: Gasoline Distribution (Stage I) 

and Marine Tank Vessel Loading Operations. 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 pollutant emissions. EPA has promulgated National Emission Standards for Hazardous 

Air Pollutants for the following: 

:\. -W CFR Part 63, Subpart R. "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 CFR Part 63, Subpart Y. "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: December 26, 1981 

Amended: June 26, 1986 

Amended: September 21, 1988 

Amended: October 3, 1989 

Amended: November3, 1990 

Amended: June 9, 1991 

Amended: July II, 1994 

Amended: July 25, 1995 

Amended: f:e br va.r( .:J. J1 I r 9 8" 

Gasoline is a hydrocarbon vapor that aids the formation of ozone 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 of gasoline emission so to 

reduce the ozone formed. 

BASIS STATEMENT FOR AMENDMENT OF OCTOBER 14, 1981 

Public Law 1981, Chapter 441, authorized the Board of Environmental Protection with the consent of the 

United States Environmental Protection Agency to modify the compliance schedule of 38 M.R.S.A., 

Section 610, "as the public interest requires to afford equitable treatment to bulk gasoline terminals in the 

Central Maine and Downeast Air Quality Control Regions." Upon Petition for Rulemaking by Irving Oil 

Chapter I 12: Bulk Terminal Petroleum Liquid Transfer Requirements 

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.. t,j DEPAR~ENT OF ENVIRONMENTAL PROTECTION 

Corporation of Se: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 STATEMENT FOR AMENDMENT OF JUNE 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 of this regulation to the federally approved method. 

BASIS STATEMENT FOR AMENDMENT OF AUGUST 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 of hydrocarbons annually. The use of floating 

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 STATEMENT FOR AMENDMENT OF SEPTEMBER 27, 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-off exemption of 3500 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 STATEMENT FOR AMENDMENT OF SEPTEMBER 26, 1990 

During the I 14th Session of the Maine Legislature, the Board of Environmental 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 STATEMENT FOR AMENDMENT OF NL"-Y 22, 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 of the 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 of less than 3500 gallons and that after this date any additional trucks added to the 

fleet not be exempted from VOC Control requirements. 

Chapter 112: Bulk Terminal Petroleum Liquid Transfer Requirements 

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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 STATEMENT FOR AMENDMENT OF JUNE 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 I 00. Definitions since these apply to more than 

just Chapter I 12. 

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 STATEMENT FOR AMENDMENT OF JULY 19, 1995 

This amendment lowers allowable emissions of VOCs 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 of the rule. 

BASIS STATEMENT FOR AMENDMENT OF JANUARY 28, 1998 

The 1990 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 pollutant emissions. 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 vapor collection and processing systems due to the loading of gasoline cargo tanks be 

limited to I 0 milligrams of total organic compound per liter of gasoline loaded. The federal rules will 

reduce volatile organic compounds (VOC) and emissions of about 10 air toxics, including benzene and 

toluene. 

Chapter 112: Bulk Terminal Petroleum Liquid Transfer Requirements 

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TO: 

ATTN: 

1. 

Secretary of State 

Administrative Procedure Officer 

State House Station 329 FEB 1 7~ 

Augusta, Maine 04333 SES?.S/-~._,. c;-;: ·;:"7,-;:t.:.__j 

AGENCY: Deoartment of Environment'a1 ProtecriO'~--

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 0 D (S) 0 F 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 of Existing Rule 

D Emergency Rule D Repeal of Existing Rule 

D Suspension of Existing Rule 

8. NAME/PHONE OF AGENCY CONTACT PERSON: Carolvn Wheeler at 

207-287-243 7. 

9. CERTIFICATION STATEMENT: I. Edward 0. Sullivan. herebv certifv that 

the attached is a true copv of the 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 :i I o/$ 

SIGNATURE: cs;;t , ... ~ I 

PRINTED NAME: 

MAPA-I FOR1\t1 November 1992