# "**~** UNITED STATES ENVIRONMENTAL PROTECTION AGENCY



### December 30, 1997 

### Jeff Crawford REGION 1 JOHN F. KENNEDY FEDERAL BUILDING BOSTON, MASSACHUSETTS 02203-0001



### Bureau of Air Quality Control Department of Environmental Protection State House, Station No. 17 

### Augusta, ME 04333 

### Dear Mr. Crawford: The Maine Department of Environmental Protection is currently proposing revisions to its existing Chapter 112 

### "Bulk Terminal Petroleum Liquid Transfer Requirements." EPA staff have reviewed the proposed revisions and comments are provided in the enclosure to this letter. If you have any questions regarding the enclosed comments, please contact Anne Arnold at (617) 565-3166.



### David B. Conroy, nager Air Quality Plann1ng Unit Enclosure
cc: Carolyn Wheeler, ME DEP

Internet Address (URL) • http://www.epa.gov Recycled/Recyclable • Printed wtth Vegetable 011 Based Inkson Recycled Paper (Minimum 25% Postconsumer)

### ENCLOSURE COMMENTS ON MAINE'S PROPOSED REVISIONS TO CHAPTER 112 "BULK TERMINAL PETROLEUM LIQUID TRANSFER REQUIREMENTS"



### 1. Maine is proposing revisions to Chapter 112 which incorporate by reference the federal regulations for gasoline distribution and marine vessel loading operations contained in 40 CFR Part 63. Section 1 of Chapter 112 is being revised to reflect the applicability of these rules. The proposed Sections 1(C) and 1(D) of Chapter 112, however, incorrectly state the same applicability threshold for both federal rules. Although the applicability of the gasoline distribution rule is based on a facility's potential to emit HAPs (as stated in Sections 1(C) and 1(D) of Chapter 112), the applicability of the marine vessel loading rule is based on a facility's actual HAP emissions. Also, the applicability threshold for the marine vessel loading rule is calculated somewhat differently depending on whether or not the applicability determination is occurring before or after the compliance date of the rule. Furthermore, the marine vessel rule also contains a second applicability threshold, based on the number of barrels of crude oil and/or gasoline loaded, which applies to the RACT (reasonably available control technology) standards contained in the rule. Therefore, EPA recommends that Sections 1(C) and 1(D) of Chapter 112 be revised to read as follows: "1(C). All bulk gasoline terminals or pipeline breakout stations that are major sources (those that haye 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 record keeping. reporting and operating requirements of 7(A). 1(Dl. Marine tank vessel loading operations are subject to Section 7(Bl of this regulation." 2. Section 7 references the final promulgation dates and Federal Register notices of the two rules which are being incorporated by reference. However, there have been several amendments to the gasoline distribution (Stage I) rule since its promulgation date. Maine may also want to include references to these amendments in Section 7:

### - February 8, 1995 (60 FR 7627) contains a correction to the final rule

- June 26, 1995 (60 FR 32913) contains a correction to the final rule.

- August 18, 1995 (60 FR 43260) contains an amendment to the final rule.

- December 8, 1995 (60 FR 62992) contains a stay to the final rule.

- February 29, 1996 (61 FR 7723) contains an amendment to the final rule.

- February 28, 1997 (62 FR 9092) contains a direct final amendment to the final rule. 3. Maine may also want to consider updating the summary section of the rule to reflect the revisions that are being proposed to the regulation.

2

# ~ 

# NOTICE OF AGENCY RULE-MAKING PROPOSAL AGENCY: Department ofEnvironmental Protection RULE TITLE: Chapter 112 Bulk Terminal Petroleum Liquid Transfer Requirements PROPOSED RULENUMBER:
______________________ _ CONCISE SUMMARY: This amendment incorporates by reference two National Emission Standards for Hazardous Air Pollutants

- Gasoline Distribution (Stage I) and Marine Tank Vessel Loading Operations. All existing and new bulk terminals that are major sources (those that emit 10 tons/year or more ofa hazardous air pollutant (HAPs) or25 tons/year or more ofa combination ofHAPs) are subject to these two emission standards. The standard requires emissions from the vapor collection and processing systems due to the loading ofgasoline cargo tanks be limited to 10 milligrams oftotal organic compound per liter ofgasoline loaded. TillSRULE WILL
___ WILLNOT X HAVE AFISCAL IMPACT ON MUNICIPALITIES. 

### STATUTORY AUTHORITY: PUBLIC HEARING: 38 MRSA § 

### 585 and § 

### 585-A December 17, 1997 9:00A.M. Augusta Civic Center Augusta, Maine DEADLINE FOR COMMENTS: December 31, 1997 5:00pm AGENCY CONTACT PERSON: CarolynWheeler AGENCY NAME: ADDRESS:
TELEPHONE: Bureau ofAir Quality Control Department ofEnvironmental Protection State House, Station 17 Augusta, ME04333 207-287-2437AUGUSTA 

### STATE OF

# M~E DEPARTMENT OF ENVIRONMENTAL PROTECTION

ANGUS S. KING, JR. GOVERNOR



### November 12, 1997

Anne Arnold U.S. EPA Region I JFK Federal Building Boston, Mass 02203 DearAnne:

# ~JCIERWJEID) NOV 17 

## 1997 EDWARD 0. SULLIVAN COMMISSIONER



## AIR QUALITY PLANNING UNIT

Enclosed is a draft copy ofChapter 112 Bulk Terminal Petroleum Liquid Transfer Requirements rule foryour review. This amendment incorporates the Gasoline Distribution MACT and the Marine Tank Vessel Loading Operations MACT. This rule was posted to public hearing by the Board of Environmental Protection today for a hearing at their December 17, 1997 meeting. The comment period ends December 31, 1997. Ifyou have any questions, please give me a call at (207) 287-2437. Sincerely, 

# r a/tt

# &;~**/11A-~**e,___ ; 

### Carolyn Wheeler



## ServingMaine People &

## Protecting TheirEnvironment
PORTLAND BANGOR PRESQUE ISLE 17STATE HOUSE STATION 312 CANCO ROAD PORTLAND. ME 041 03 106 HOGAN ROAD BANGOR, ME 04401 1235 CENTRAL DRIVE. SKYWAY PARK PRESQUE ISLE. ME 04769 AUGUSTA, MAINE 04333-0017 (207) 287-7688 FAX: (207) 287-7826 (207) 822·6300 FAX: (207) 822·6303 (207) 941-4570 FAX: (207) 941-4584 (207) 764-0477 FAX: (207) 764-1507 OFFICELOCATEDAT: RAY BUILDING. HOSPITAL STREET printedon recycledpaper

### 06-096 Chapter 112:

1. Scope DEPtt!MENTOF ENVIRONMENTAL

# PROT~TION BULKTERMINALPETROLEUMLIQUIDTRANSFER REQUIREMENTS SUMMARY: This regulation requires bulk gasoline terminals loading tank trucks ortrailers and who dispense 20,000 gallons ormore ofgasoline per day to install a vapor control system and requires tank truck tightness certification. This system must control gasoline vapors so that not more than 35 milligrams of vapor escapes for each liter ofgasolinetransferred.

A. This regulation appliesto 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 tanktrucks or trailer 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 ormodified after December 17, 1980 are subject to New Source Performance Standards as defined in 40 CFR, Part 60, SubpartXX. C. All existing and new bulk gasoline terminals that are major sources (those that emit 10 tons/year ormore ofa listed pollutantor25 tons/year ormore ofa combination ofpollutants) ofhazardous air pollutants CHAPs) or are located at plant sites that are major sources ofHAPs are subject to Sections 7(A) and 7(B) ofthisregulation. D. All existing and new bulk gasoline terminals that emit less than 10 tons/year or 25 tons/year ofa combination ofhazardous air pollutants CHAPs) are subject to the recordkeeping, reporting, and operatingrequirements ofSections 7(A) and 7CB) ofthis 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. 3. Prohibition. No owneroroperatorofanybulk gasoline terminal may permit or suffer gasoline to be loaded into any tanktrucks ortrailerunless: 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. 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 which is maintained in good working order, and which must be in operation at all times gasoline is being transferred to tank trucks from the storagetanks. This vapor control system shall consistofthe following:06-096 DEPtfrMENTOF ENVIRONMENTAL

# PROT~TION (1) An absorber/adsorption unit orcondensation system which processes and recovers all vapors and gases from the equipment being controlled such that mass emissions ofvolatile organic compounds do notexceed 35 milligrams perliter ofgasolinetransferred or, (2) A vapor collection system which directs all vapors to a fuel gas system, such as a thermal oxidizer; or, (3) Any other compliance plan that has express written approval by the Commissioner and the United StatesEnvironmental Protection Agency. C. A means is providedto prevent liquid drainage from the loadingdevice when it is not in use orto accomplish complete drainage before the loading device is disconnected. There shall be no liquid drainage from the loadingdevice. D. All loading and vapor lines are equipped with fittings which make vapor-tight connections and which close automaticallywhen disconnected. E. The pressure in the vapor collection system is not allowed to exceed the tank truck or trailer pressurereliefsettings. Gasoline dispensing facilities and bulk gasolineterminals may not allow gasoline to be discarded in sewers orstored in open containers. Gasoline dispensing facilities andbulk gasoline terminals may notallow gasolineto be handled in any mannerthatwould result in evaporation. 

### 4. Emission Standard A.. As ofthe effeetiYe date ofthe 1995 ameadmeatto this Chapter, ao O'.VRer oroperator ofaaylntlk termiaal shall allow the mass emissioas ofvolatile orgaaie eomp01:mds from s1:1eh termiaals to ex:eeedthe emissioa limitof80 milligrams perliterofgasoliaetraasferred 

### B. A. As ofAugust 31, 1996, no owner or operator ofany bulk gasoline terminal shall allow the mass emissions ofvolatile organic compounds from such terminal to exceed the emission limit of 35 milligrams perliterofgasolinetransferred. 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 compoundsperliter ofgasoline loadedto cargotanks. 

### 5. Compliance Schedule 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 StatesEnvironmental Protection Agency.

Chapter 112: BulkTerminal Petroleum Liquid TransferRequirements

- 2-06-096 DEP

# ~MENT OF ENVIRONMENTAL

# PROT~TION 7. National Emission Standards for Hazardous Air Pollutants: Gasoline Distribution (Stage I) 

### andMarineTankVessel LoadingOperations. Section 112(d) of the 1990 Clean Air Act Amendments requires 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 airpollutantemissions. EPA has promulgatedNational Emission Standards for Hazardous AirPollutants forthe following: 

### A. 40 CFRPart63, SubpartR. "National Emission Standards for HazardousAirPollutants for Source Categories: Gasoline Distribution (Stage I)" as published in the Federal Register, Vol. 59, No. 239, pages 64303-64325 on December 14, 1994, are incorporated by reference herein. 

### B. 40 CFRPart63, SubpartY. "National Emission Standards for Hazardous AirPollutants for Marine TankVessel Loading Operations" as published in the Federal Register, Vol. 60, No. 181, pages48399-48417 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: November 3, 1990 Amended: June 9, 1991 Amended: July 11, 1994 Amended: July 25, 1995 Amended:

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, "asthe public interestrequires to afford equitabletreatmentto bulk gasoline terminals in the Central Maine and Downeast Air Quality Control Regions." Upon Petition for Rulemaking by Irving Oil Corporation ofSearsportthe 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 Chapter 112: BulkTerminal Petroleum Liquid Transfer Requirements - 3 -06-096 DEP tfrMENTOF ENVIRONMENTAL

# PROT~TION DowncastAir Quality Control Region with which the Searsportterminal competes are not equipped with VOC controls. BASIS STATEMENTFORAMENDMENT OFJUNE26, 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 emissiontesting 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 Downcast 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 Treatmentand 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. BASISSTATEMENTFORAMENDMENTOF SEPTEMBER26, 1990 Duringthe I14th Session ofthe Maine Legislature, the Board ofEnvironmental Protection was given the authorityunder 38 M.R.S.A. 585 and 585-Ato establish and amend emission standards and regulationsto 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 STATEMENTFORAMENDMENTOFMAY22, 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. Finally, the EPA had identified a problem with the effective dates that caused confusion over control requirements atcertain facilities, which was corrected in this amendment. Chapter 112: BulkTerminal Petroleum Liquid Transfer Requirements

- 4-06-096 DEPWTMENTOF ENVIRONMENTAL

# PROT~TION
BASIS STATEMENTFORAMENDMENT OFJUNE 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 1 00, Definitions since these apply to more than justChapter 112. In addition to the Basis Statement above, the Department has filed with the Secretary of State its responses to commentsreceived duringthe public commentperiod. 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 changeswere enactedto clarifyprovisions oftherule. BASIS STATEMENTFORAMENDMENT OF

Chapter 112: BulkTerminal Petroleum Liquid TransferRequirements

- 5-