STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

OFFICE OF AIR RESOURCES

AIR POLLUTION CONTROL REGULATION NO. 32

CONTROL OF VOLATILE ORGANIC COMPOUNDS 

FROM MARINE VESSEL LOADING OPERATIONS 

Effective 31 March 1994

Last Amended 19 July 2007

AUTHORITY: These regulations are authorized pursuant to R.I. Gen. Laws § 42-

17.1-2(s) and 23-23, as amended, and have been promulgated pursuant to the 

procedures set forth in the R.I. Administrative Procedures Act, R.I. Gen. Laws Chapter 

42-35.
RHODE ISLAND DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

OFFICE OF AIR RESOURCES

AIR POLLUTION CONTROL REGULATION NO. 32

CONTROL OF VOLATILE ORGANIC COMPOUNDS FROM

MARINE VESSEL LOADING OPERATIONS

TABLE OF CONTENTS

32.1 Definitions ...................................................................................................................................................1

32.2 Applicability ................................................................................................................................................2

32.3 Emission Limitations ...................................................................................................................................2

32.4 Recordkeeping and Recording.....................................................................................................................4

32.5 Compliance Demonstration/Testing.............................................................................................................6

32.6 Compliance Schedules.................................................................................................................................6

32.7 General Provisions........................................................................................................................................7
Page 1 of 9

RHODE ISLAND DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

OFFICE OF AIR RESOURCES

AIR POLLUTION CONTROL REGULATION NO. 32

CONTROL OF VOLATILE ORGANIC COMPOUNDS FROM

MARINE VESSEL LOADING OPERATIONS

32.1 Definitions

Unless otherwise expressly defined in this section, the terms used in this regulation shall 

be defined by reference to the Rhode Island Air Pollution Control General Definitions 

Regulation. As used in this regulation, the following terms shall, where the context 

permits, be construed as follows:

32.1.1 "Combustion device" means emission control equipment used for combustion or 

destruction of organic vapors and includes, but is not limited to, thermal 

incinerators, catalytic incinerators, flares, boilers, and process heaters.

32.1.2 "Emsion Control Equipment" means any equipment, machinery, apparatus, or 

device used to recover or reduce emissions of volatile organic compounds.

32.1.3 "Gasoline" means any petroleum distillate having a Reid vapor pressure of more 

than 4 psia as determined by ASTM Method D323. This term includes but is not 

limited to mixtures of alcohols and gasoline.

32.1.4 "Leak free" means the dripping of a liquid containing volatile organic 

compounds at a rate of four drops per minute or less; or an emission of gaseous 

volatile organic compounds which causes an appropriate analyzer sampling one 

centimeter or less from a source to register less than 10,000 ppm as methane.

32.1.5 "Loading Event" means an incident or occurrence beginning with the connecting 

of marine terminal storage tanks to a marine tank vessel by means of pipes or 

hoses followed by the transferring of organic liquid cargo and ending with the 

disconnecting of the pipes or hoses; or any means of admitting any other liquid 

into a marine vessel's cargo tanks. Loading events shall include only such 

incidents which occur when a marine tank vessel is moored to a dock or other 

permanent stationary structure.

32.1.6 "Marine Tank Vessel" means any marine vessel which is specially constructed 

or converted to carry liquid bulk cargo in tanks.

32.1.7 "Marine Terminal" means any facility, equipment, or structure constructed to 

load or unload organic liquid bulk cargo into or out of marine tank vessels.
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32.1.8 "Marine Vessel" means any tugboat, tanker, freighter, passenger ship, barge or 

other boat, ship or water craft except those used primarily for recreation.

32.1.9 "Organic Liquid" means, for the purposes of this regulation, gasoline, gasoline 

blending stocks, aviation gas and aviation fuel which contains gasoline, such as 

JP-4 type.

32.1.10 "Recovery device" means emission control equipment used to remove organic 

vapors and recover liquids or chemicals and includes, but is not limited to, 

absorbers, carbon adsorbers, and condensers.

32.1.11 "Segregated ballasting operations" means the loading of ballast water into 

tanks on a marine vessel if those tanks are used only for ballasting and never hold 

organic liquid.

32.1.12 "Vapor tight marine vessel" means a marine vessel which has been 

demonstrated within the previous 12 months to have no leaks. A marine vessel 

loaded at negative pressure is assumed to be vapor tight for the purposes of this 

regulation. Discharges from pressure/vacuum relief valves on cargo tank vent 

lines are not considered leaks for the purposes of this definition.

32.2 Applicability

32.2.1 The provisions of this regulation apply to any loading event in which organic 

liquid is loaded into marine tank vessels and to loading events in which any liquid 

is loaded into a marine vessel's cargo tanks if the most recent cargo held in those 

tanks was an organic liquid. This regulation does not apply to segregated 

ballasting operations.

32.2.2 Wherever the term Volatile Organic Compound or VOC is used in Sections 32.2 

through 32.6, this term should be read as Volatile Organic Compound and 

Halogenated Organic Compound or VOC and HOC.

32.3 Emission Limitations

32.3.1 A loading event shall not be conducted unless one of the following conditions is 

met:

(a) Volatile organic compounds emissions do not exceed 5.7 grams per cubic 

meter (2 pounds per 1000 barrels) of liquid loaded into the marine tank 

vessel, or

(b) The emissions of volatile organic compounds are reduced by at least 95 

percent by weight from uncontrolled conditions if a recovery device is 
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used and by at least 98 percent by weight from uncontrolled conditions if a 

combustion device is used.

32.3.2 All of a marine terminal's hatches, pressure relief valves, connections, gauging 

ports and vents which are used in connection with a loading event shall be leak 

free.

32.3.3 A loading event shall not be conducted unless the receiving marine vessel is vapor 

tight. To determine whether a marine vessel is vapor tight, the owner or operator 

of the marine terminal must follow the following procedures for each loading 

event, with the exception of loading events performed at a negative pressure:

(a) Obtain a copy of the record of the most recent pressure test or leak test on 

the receiving marine vessel. The record must contain all information 

specified in Subsection 32.4.2.

(b) If, according to the records obtained pursuant to the requirements of 

Subsection 32.3.3 (a), the marine vessel passed the most recent pressure or 

leak test and that test was performed within the previous 12 month period, 

the vessel shall be considered vapor tight.

(c) If, according to the records obtained pursuant to the requirements of 

Subsection 32.3.3 (a), the marine vessel failed its most recent leak or 

pressure test, no loading event shall be conducted unless the operator of 

the marine vessel provides written documentation that all leaks have been 

repaired subsequent to the failed test. Any loading event involving a 

marine vessel that has been repaired subsequent to failing its most recent 

leak or pressure test must be conducted in conjunction with the 

performance of a leak test, as specified in Subsection 32.3.3 (d).

(d) If, according to the records obtained pursuant to the requirements of 

Subsection 32.3.3 (a), the marine vessel has not passed a leak or pressure 

test within the previous 12 month period, a leak test of the vessel shall be 

performed during the loading event. No loading events shall be performed 

if the vessel failed its most recent leak test or pressure test and does not 

provide the owner or operator of the marine terminal with documentation 

that shows that all leaks subsequently have been repaired, as specified in 

Subsection 32.3.3 (c).

(e) A person testing a marine vessel to determine whether that vessel is vapor 

tight shall provide the operator of the marine vessel and the owner or 

operator of the marine terminal with documentation of the test which 

includes all information specified in Subsection 32.4.2.
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32.4 Recordkeeping and Recording

32.4.1 The owner or operator of a marine terminal loading facility shall record the 

following information about each loading event and maintain this information at 

the facility for a period of five years:

(a) The location of the loading event,

(b) The company responsible for conducting the loading event,

(c) The date and time at which the marine vessel arrived and departed from 

the location of the loading event,

(d) The name, registry of vessels and name and address of the legal owner of 

the marine tank vessel participating in the loading event,

(e) The prior cargo carried by the receiving marine tank vessel,

(f) The type and amount of liquid cargo loaded into the receiving marine tank 

vessel,

(g) The condition of the receiving tanks prior to being loaded (i.e. cleaned, 

crude oil, washed, gas freed, etc.),

(h) The amount of ballast water added to a marine vessel's tanks, except for 

ballast water used in segregated ballasting operations, and

(i) A description of procedures used to prevent venting.

32.4.2 The owner or operator of a marine terminal shall maintain at the facility for a 

period of five years a record of the most recent leak test or pressure test conducted 

on a marine vessel prior to or in conjunction with each loading event. Such 

records shall be made available to the Department or to EPA on request and shall 

include the following information:

(a) Test method;

(b) Marine vessel owner and address;

(c) Marine vessel identification number;

(d) Date and location of test;

(e) Tester's name and signature;
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(f) Witnessing inspector's name, signature and affiliation; and

(g) Test results.

32.4.3 The owner or operator of a marine terminal at which loading events subject to this 

regulation are conducted shall collect and record the following information and 

maintain the information at the facility for a period of 5 years. These records shall 

be made available to the Department and EPA upon request.

(a) The date and results of each emission test performed at the facility as 

required in Subsection 32.5.1 and of each leak free determination 

performed as required in Subsection 32.5.2;

(b) A daily log of operating time for any capture system, emission control 

equipment, and monitoring equipment;

(c) A maintenance log for any capture system, emission control equipment, 

and monitoring equipment detailing all routine and non-routine 

maintenance performed, including dates and duration of any outages;

(d) A maintenance log for all of the marine terminal's hatches, pressure relief 

valves, connections, gauging ports and vents which are used in connection 

with loading events, including dates when leaks were repaired;

(e) The dates of any loading events which bypassed the emission control 

equipment or which were performed when the marine terminal was not 

leak free;

(f) For thermal incinerators:

(1) All 3-hour periods of operation in which the average combustion 

temperature was more than 28EC (50EF) below the average 

combustion temperature during the most recent performance test 

that demonstrated that the facility was in compliance, and

(2) The operating temperature.

(g) For catalytic incinerators:

(1) All periods where the temperature increase across the catalyst bed 

is less than 80% of the temperature increase recorded during the 

most recent performance test that demonstrated that the facility was

in compliance, and

(2) The inlet and outlet temperatures and temperature rise across the 
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catalyst bed.

(h) For carbon adsorbers:

(1) All 3-hour periods of operation during which the average VOC 

concentration or reading of organics in the exhaust gases is more 

than 20 percent greater than the average exhaust gas concentration 

or reading measured by the organics monitoring device during the 

most recent determination of the recovery efficiency of the carbon 

adsorber that demonstrated that the facility was in compliance, and

(2) The pressure drop across the adsorber and the hydrocarbon levels 

for breakthrough.

32.5 Compliance Demonstration/Testing

32.5.1 Compliance with the emission limitations of Subsection 32.3.1 shall be 

demonstrated upon start up of the emission control equipment and thereafter upon 

request of the Director in accordance with 40 CFR 60, Appendix A, Method 25 as 

amended or another EPA approved method which has been accepted by the 

Director. This test shall be conducted so that at least 50% of the total liquid 

loaded is included.

32.5.2 Leak free determinations at marine terminals shall be made upon start up of the 

emission control equipment and monthly thereafter. Gaseous leaks shall be 

measured in accordance with EPA Reference Method 21 or another method which 

has been accepted by the Director and by EPA.

32.5.3 Any leak test or pressure test used to demonstrate that a marine vessel is vapor 

tight shall utilize a method which has been accepted by the Director and by EPA.

32.5.4 The owner or operator of a marine terminal shall notify the Director of the date of 

any test demonstrating the control efficiency of emission control equipment at 

least 90 days in advance of that date. If required by the Department, a sampling 

protocol shall be submitted at least 60 days in advance of the testing date. Testing 

results shall be submitted to the Office of Air Resources within 30 days of 

completion of the test.

32.6 Compliance Schedules

32.6.1 Any marine terminal at which a loading event subject to this regulation is 

conducted shall be in compliance with the provisions of Sections 32.3 and 32.4 on 

and after January 1, 1996.
Page 7 of 9

32.6.2 The owner or operator of any marine terminal at which loading events subject to 

this regulation are conducted shall, by July 30, 1994, submit to the Director a 

compliance plan which describes the steps and schedule that will be taken to 

achieve compliance with this regulation.

32.6.3 Any compliance plan which includes equipment replacement or modification or 

installation of emission control equipment shall provide for periodic increments of 

progress, including but not limited to:

(a) Date by which engineering plans and permit applications will be 

submitted,

(b) Date by which equipment will be ordered,

(c) Installation date after confirmation of order by the manufacturer, and

(d) Date by which the applicable regulatory emission limitations will be 

achieved after equipment is in satisfactory operation.

32.6.4 No compliance schedule submitted to satisfy the requirements of this section shall 

allow a facility to exceed any applicable emission limitations including but not 

limited to:

(a) Best Available Control Technology determinations, or

(b) Lowest Achievable Emissions Rate determinations, or

(c) Federal New Source Performance Standards codified at 40 CFR Part 60, or 

National Emission Standards for Hazardous Air Pollutants, codified at 40 

CFR Part 61 or Part 63, or

(d) Any other condition or standard that is specifically required by the Clean 

Air Act (as amended) for new or modified sources.

32.6.5 Compliance schedules submitted in accordance with the requirements of this 

section are subject to review and approval by the Director.

32.7 General Provisions

32.7.1 Purpose

The purpose of this regulation is to limit volatile organic compound 

emissions from marine vessel loading operations.

32.7.2 Authority
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These regulations are authorized pursuant to R.I. Gen. Laws § 42-17.1-2(s) 

and 23-23, as amended, and have been promulgated pursuant to the 

procedures set forth in the R.I. Administrative Procedures Act, R.I. Gen. 

Laws Chapter 42-35

32.7.3 Application

The terms and provisions of this regulation shall be liberally construed to 

permit the Department to effectuate the purposes of state law, goals and 

policies.

32.7.4 Severability

If any provision of this regulation or the application thereof to any person or 

circumstance, is held invalid by a court of competent jurisdiction, the 

validity of the remainder of the regulation shall not be affected thereby.
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32.7.5 Effective Date

The foregoing regulation, "Control of Volatile Organic Compounds from 

Marine Vessel Loading Operations”, as amended, after due notice, is hereby

adopted and filed with the Secretary of State this _29th_ day of 

_______June____, 2007_ to become effective twenty (20) days thereafter, in 

accordance with the provisions of Chapters 23-23, 42-35, 42-17.1, 42-17.6, 

of the General Laws of Rhode Island of 1956, as amended.

W. Michael Sullivan, PhD., Director

Department of Environmental Management

Notice Given on: February 21, 2007

Public Hearing held: March 23, 2007

Filing Date: June 29, 2007

Effective Date: July 19, 2007