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 

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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 
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NOTICE OF AGENCY RULE-MAKING PROPOSAL 

AGENCY: Department of Environmental Protection 

RULE TITLE: Chapter 112 Bulk Terminal Petroleum Liquid Transfer Requirements 

PROPOSED RULE NUMBER: ______________________ _ 

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 of a hazardous 

air pollutant (HAPs) or 25 tons/year or more of a combination of HAPs) are subject to these two emission 

standards. The standard requires emissions from the vapor collection and processing systems due to the 

loading of gasoline cargo tanks be limited to 10 milligrams of total organic compound per liter of gasoline 

loaded. 

TillS RULE WILL ___ WILL NOT X HAVE A FISCAL 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: Carolyn Wheeler 

AGENCY NAME: 

ADDRESS: 

TELEPHONE: 

Bureau of Air Quality Control 

Department of Environmental Protection 

State House, Station 17 

Augusta, ME 04333 

207-287-2437 
AUGUSTA 

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 

Dear Anne: 

~JCIERWJEID) 

NOV 17 1997 

EDWARD 0. SULLIVAN 

COMMISSIONER 

AIR QUALITY PLANNING UNIT 

Enclosed is a draft copy of Chapter 112 Bulk Terminal Petroleum Liquid Transfer 

Requirements rule for your 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. 

If you have any questions, please give me a call at (207) 287-2437. 

Sincerely, 

r a/tt &;~ /11A-~ e,___ ; 

Carolyn Wheeler 

Serving Maine People & Protecting Their Environment 

PORTLAND BANGOR PRESQUE ISLE 

17 STATE HOUSE STATION 312 CANCO ROAD 

PORTLAND. ME 041 03 

106 HOGAN ROAD 

BANGOR, ME 04401 

1235 CENTRAL DRIVE. SKYWAY PARK 

AUGUSTA, MAINE 04333-0017 PRESQUE ISLE. ME 04769 

(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 

OFFICE LOCATED AT: RAY BUILDING. HOSPITAL STREET 

printed on recycled paper 
06-096 

Chapter 112: 

1. Scope 

DEP tt!MENT OF ENVIRONMENTAL PROT~TION 

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 certification. 

This system must control gasoline vapors so that not more than 35 milligrams of 

vapor escapes for each liter of gasoline transferred. 

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 existing and new bulk gasoline terminals that are major sources (those that emit 10 tons/year 

or more of a listed pollutant or 25 tons/year or more of a combination of pollutants) of hazardous 

air pollutants CHAPs) or are located at plant sites that are major sources of HAPs are subject to 

Sections 7(A) and 7(B) ofthis regulation. 

D. All existing and new bulk gasoline terminals that emit less than 10 tons/year or 25 tons/year of a 

combination of hazardous air pollutants CHAPs) are subject to the recordkeeping, reporting, and 

operating requirements of Sections 7(A) and 7CB) 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. 

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. 

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 

storage tanks. This vapor control system shall consist of the following: 
06-096 DEPtfrMENT OF ENVIRONMENTAL PROT~TION 

(1) An absorber/adsorption unit or condensation system which processes and recovers all vapors 

and gases from the equipment being controlled such that mass emissions of volatile organic 

compounds do not exceed 35 milligrams per liter of gasoline transferred 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 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 the effeetiYe date of the 1995 ameadmeat to this Chapter, ao O'.VRer or operator of aay lntlk 

termiaal shall allow the mass emissioas of volatile orgaaie eomp01:mds from s1:1eh termiaals to 

ex:eeed the emissioa limit of 80 milligrams per liter of gasoliae traasferred 

B. A. As of August 3 1, 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 31, 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 DEP ~MENT OF ENVIRONMENTAL PROT~TION 

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

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

Air Pollutants for the following: 

A. 40 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, 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: 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 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 

Corporation of Searsport 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 

Chapter 112: Bulk Terminal Petroleum Liquid Transfer Requirements 

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06-096 DEP tfrMENT OF ENVIRONMENTAL PROT~TION 

Downcast 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 Downcast 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 MAY 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. 

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. 

Chapter 112: Bulk Terminal Petroleum Liquid Transfer Requirements 

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06-096 DEPWTMENT OF ENVIRONMENTAL PROT~TION 

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 1 00, Definitions since these apply to more than 

just Chapter 112. 

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 

Chapter 112: Bulk Terminal Petroleum Liquid Transfer Requirements 

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