TELEPHONE CONTACT SUMMARY – 0210426.003.006 

FROM: Karen Schaffner, RTI International 

DATE OF CONTACT: February 23, 2010 

ORGANIZATION CONTACTED: 

American Petroleum Institute and Members 

Participants: 

Matt Todd, API 

Carol Butero, KinderMorgan 

Dirk Cockrum, KinderMorgan 

Rob Ferry, TGB 

Clay Freeberg, Chevron 

Bob Hermanson, BP 

Shari Keller, Shell 

John Lowe, Chevron 

Jack McClure 

Bob Morehouse, ExxonMobil 

Peter Weaver, ILTA 

Other API members 

Steve Shedd, EPA 

Karen Schaffner, RTI 

SUMMARY OF CONTACT 

The purpose of the conference call was to provide an update on the risk and technology 

review (RTR) project at EPA for the marine vessel loading source category. In 

particular, the discussion focused on the RTR update; the startup, shutdown, and 

malfunction (SSM) vacature for the 40 CFR part 63, subpart A General Provisions; the 

Natural Resources Defense Council (NRDC) petition (dated January 2009) to fix missing 

standards; and several other long-term issues related to marine vessels. 

The original proposal for the RTR project was in October 2008, and EPA received 

comment that the NEI database analysis was not representative of the source category. 

EPA is reviewing the NEI and also looking at the Waterborne Commerce Statistics 

Center (WCSC) database. API members suggested that EPA contact states for more 

information regarding the facilities in the source category. 

Certain parts of the General Provisions related to SSM provisions were vacated. EPA is 

reviewing rules to revise startup and shutdown provisions. 
2 

The NRDC petition dated January 2009 identified two subcategories in the MVL rule that 

needed to be addressed: existing major sources with MVL emissions less than 10 or 25 

tons per year (ton/yr) emissions, and existing offshore major sources. EPA is reviewing 

information on these subcategories and asked whether API has additional information on 

state regulations for MVL. EPA is currently negotiating the schedule for the RTR 

petition letter and the dates for proposal and promulgation have not been finalized. 

EPA is considering sending out a section 114 information collection request (ICR) survey 

for the MVL source category to support the RTR project. EPA is currently working on a 

draft of the ICR survey. Industry will have an opportunity to review the survey and then 

EPA will send to approximately nine companies. 

In addition to the RTR project, EPA is also looking at several long-term issues related to 

marine vessels but that may not necessarily be part of the MVL source category. EPA 

reviewed several of the issues and asked for input from API. EPA asked about tank 

vessel pressure relief when the vessel comes in to the dock to unload and whether there 

are releases prior to connection and unloading of the vessel. EPA asked about wastewater 

issues related to nonsegregated ballast water. Some vessels may still be conducting 

nonsegregated ballasting, and at some facilities, Valdez was mentioned, the facility 

collects nonsegregated ballast water and treats it through their wastewater system. API 

members noted that most vessels do not conduct nonsegregated ballasting. EPA asked 

about tank cleaning, whether this was conducted onsite or offsite of the MVL facility, and 

whether vessels typically switch, or change, the commodity loaded. API members noted 

that cleaning and degassing vessels would likely be conducted offsite. API members 

noted that use of dedicated vs. nondedicated vessels varies from facility to facility. EPA 

also asked about lightering operations and noted that NESCAUM is working on a white 

paper related to this issue and noted that Delaware has a vapor balancing rule related to 

lightering. For inland barges, lightering is not typically done and would only occur in 

emergency situations where a barge was stuck. EPA asked about marine vessel leaks and 

vent losses while in-transit. There is an ORD study related to this topic. EPA asked 

whether MVL terminals own the vessels or owned by another party. API members noted 

that ownership of vessels varies across the industry.