UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

WASHINGTON. D.C. 20460 

NOV - 2 20i2 

Bob Martin, Commissioner 

New Jersey Department of Environmental Protection 

401 E. State Street 

7th Floor, East Wing 

P.O. Box402 

Trenton, NJ 08625-0402 

Joseph Martens, Commissioner 

New York State Department of Environmental Conservation 

625 Broadway 

Albany, NY 12233·1010 

AS$5TAN1 ACMINtSTMfOR 

'0AIN~TANO 

COMPUMICt: 1\SSUMNa: 

RE; No Action Ass111'81lCe for the Use of Vapor Recovery Systems Related to Hurricane Sandy 

Dear Sirs: 

This letter is in response to the need for a No Action Assurance (NAA) relating to loading an4 unloading of 

fuel at bulk gasoline and marine loading terminals and associated truck loading racks in the State$ of New 

York and New Jersey. Due to operational iSSUe$ resulting from Hurricane Sandy, including the loss of power, 

damage to vapor recovery devices at fuel loading and unloading terminals, andlor the need to utilize fuel 

loading/unloading facilities that are not equipped with vapor recovery/combustion deviees, an NAA is needed 

to allow the loading and unloading of fuel without the use of a vapor recovery device or vapor combustion 

device as required by the New Source Performance Standards (NSPS) and the National Emission Standards for 

Hazardous Air Pollutants (NESHAP}. See 40 C.F .R. Part 60. Subpart XX and 40 C.F.R. Part 63, Subparts R, 

Y, and BBBBBB. The need for this request is to address severe fuel shortages that have £C$ulted from damage 

caused by Hurricane Sandy to the fuel distribution systems in New York and New Jersey. 

In light of the emergency in New York and New Jersey, and subject to the conditions discussed below, the 

EPA will exercise its diserction not to pursue enforcement for violations of the vapot recovery requirements 

for fuel loading and unloading under 40 C.F.R. Part 60 Subpart XX and Part 63 Subparts R, Y, and BBBBBB 

under the conditions set forth below. These regulations apply only to Bulk Gasoline Terminals. Pipeline 

Breakout Stations and Marine Tank Vessel Loading Operations as those terms are defined in the regulations 

cited above. This NAA is in effect commcnc:ingNovember2, 2012, and terminate$ November 17,2012 at 

II :59 PM EST. The EPA reserves the right to revoke or modify the NAA if the EPA believe$ that such action 

is necessary to protect public health and the environment. This NAA docs not apply to any other federal 

requirements that may apply to regulated activities at these facilities other than those listed above. 

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Nothing in this exercise of enforcement discretion relieves any person of the obligation under law, if any, to 

report emissions from the operation of equipment covered by this action. Pursuant to this NAA. the EPA will 

not enforce violations of the NSPS and NESHAP applicable to these facilities in New York and New Jersey, 

subject to the following conditions: 

I. The Owner/Operator notifies the EPA prior to initiation of loading and unloading activities using this 

NAA (phone or email); 

2. Vapor Recovery or combustion devices are used to the greatest extent practicable when available and 

operable; 

3. Owners/Operators continue to make best efforts to repair/replace the vapor recovery systems, in an 

expeditious manner or switch operations to facilities with operational vapor recovery/combustion 

devices as soon as practicable; 

4. Owners/Operators exercise good air pollution control practices as required by any and all applicable 

standards; 

5. Owners/Operators minimize, to the greatest extent practicable, loading operations near residential areas 

when vapor recovery/combustion devices are not in operation; 

6. Owners/Operators comply with all conditions imposed by State or local authorities on these emergency 

operations; 

7. Along with the notice required under paragraph 2 above, Owners/Operators must provide the EPA with 

their best estimate of the projected hourly and daily VOC emissions rates from operation without vapor 

recovery/combustion devices; and 

8. Owners/Operators must keep records that demonstrate the daily volume of fuel loaded and unloaded 

without the use of vapor recovery/combustion devices. 

Only those terminal operations with damaged or inoperable vapor recovery/combustion devices, or that are not 

equipped with otherwise required vapor recovery/combustion devices, may take action in accordance with the 

terms of this NAA, and only to the extent needed until the expiration of this NAAor at such time as vapor 

recovery/combustion controls are operable or available, whichever comes first. The EPA reserves the right to 

amend or revoke this NAA at any time. 

The notifications identified above should be sent via email to brooka.philliJ>!llc:PI!.WlV and 

cbapman.apglc!'tl!coo.goy. 

The issuance of an NAA for this period of time is in the public interest. Through today's NAA, the EPA is 

continuing its commitment to address the very difficult circumstances caused by Hurricane Sandy. Nothing in 

this NAA is intended to over-ride State or local authorities. 
If you have any questions or if facilities in your State need additional time to repair or replace the vapor 

recovery systems, please call Phillip Brooks (202) 564-0652 or John Fogany (202)564-8865 of my staff. 

Si cerely,~ -R) 

f'lc nthia Giles 1 

ssistant Administrator --- cc: Dore LaPosta, Director, Division of Enforcement and Compliance Assistance EPA Region 2 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

WASHINGTON D.C. 20460 

NOV 0 5 2012 

Robert Summers, Secretary 

Maryland Department of the Environment 

1800 Washington Blvd. 

Baltimore, MD 21230 

Kenneth Kimmell, Commissioner 

Massachusetts Department of Environmental 

Protection 

One Winter Street 

Boston. MA 021 08 

Bob Martin, Commissioner 

'.>'Fir:E <)f 

i:NF,-_.!R~EME:NT Af;D 

·~ :.•V.PL1AI~CE /•S5t<RM~·.::F 

New Jersey Department of Environmental Protection 

401 E. State Street 

7th Floor, East Wing 

P.O. Box 402 

Trenton, NJ 08625-0402 

Joseph Martens, Commissioner 

New York State Department of Environmental 

Conservation 

625 Broadway 

Albany, NY 12233-1010 

RE: No Action Assurance for the Use of Vapor Recovery Systems Related to Hurricane Sandy 

Dear Sirs: 

On November 2, 2012, to address operational issues resulting from Hurricane Sandy, EPA issued a No Action 

Assurance (NAA) in which the Agency exercised its discretion not to pursue enforcement for violations of the 

vapor recovery requirements for fuel loading and unloading under 40 C.F.R. Part 60 Subpart XX and Part 63 

Subparts R, Y, and BBBBBB in the States of New Jersey wtd New York, subject to certain conditions (copy 

anached). In light of the continuing effects of Hurricane Sandy on the supply of fuels throughout the region 

and the need for this same action to be undertaken in other areas affected by and/or delivering fuel supplies to 

areas impacted by Hurricane Sandy, there is a need to extend the geographic scope of the NAA to also include 

the States of Maryland and Massachusetts. 

Theretore, in light of the emergency caused by damage to fuel distribution systems in areas impacted by 

Hurricane Sandy, the EPA will extend the November 2, 2012, NAA so that it includes Massachusetts and 

Maryland, in addition to New Jersey and New York. 

Accordingly, in Massachusetts, Maryland, New Jersey and New York, the EPA will not enforce violations of 

the vapor recovery requirements for fuel loading and unloading under 40 C.F.R. Part 60 Subpart XX and Part 

63 Subparts R, Y, and BBBBBB applicable to Bulk Gasoline Terminals, Pipeline Breakout Stations and 

Marine Tank Vessel Loading Operations, as those terms are defined in the regulations, and subject to the same 

conditions and requirements listed in the November 2 NAA. This NAA terminates on November !7, 2012, at 

II :59 PM EST in all four states. 

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The issuance of an NAA for this period oftime is in the public interest. Through today's NAA, the EPA is 

continuing its commitment to address the very difficult circumstances caused by Hurricane Sandy. Nothing in 

this N AA is intended to over-ride State or local authorities. 

If you have any questions or if facilities in your State need additional time to repair or replace the vapor 

recovery systems, please call Phillip Brooks (202) 564-0652 or John Fogarty (202) 564-8865 of my staff. 

~ely,Q--~f.iJ 

ia Giles 

Attachment 

cc: Susan Studlien, Director, Office of Environmental Stewardship, EPA Region 1 

Dore LaPosta, Director, Division of Enforcement and Compliance Assistance EPA Region 2 

Samantha Beers, Director, Office of Enforcement, Compliance and Environmental Justice, EPA Region 3