Slotted Guidepoles at Certain Petroleum and Organic Liquid Storage Vessels

ENVIRONMENTAL PROTECTION AGENCY

[FRL-6518-3]

Slotted Guidepoles at Certain Petroleum and Organic Liquid

Storage Vessels

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Proposed Storage Tank Emission Reduction Partnership

Program and Request for Comments.

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SUMMARY: In today's Federal Register the Environmental Protection

Agency (``EPA'') reaffirmed the applicability of certain NSPS Subpart

Ka/Kb requirements to slotted guidepoles. EPA believes there are a

substantial number of affected facilities with slotted guidepoles and,

therefore, intends to establish a program for reducing their emissions

in an expeditious, highly cost-effective manner. EPA solicits comments

on the Storage Tank Emission Reduction Partnership Program described

below.

DATES: Comments should be submitted by February 28, 2000.

ADDRESSES: Comments must be submitted to: Air Enforcement Division

(Mail Code 2242A), Environmental Protection Agency, Ariel Rios

Building, 1200 Pennsylvania Avenue, NW., Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Mr. James K. Jackson, Air Enforcement

Division (2242A), Environmental Protection Agency, Ariel Rios Building,

1200 Pennsylvania Avenue, NW., Washington, DC 20460, telephone (202)

564-2002.

SUPPLEMENTARY INFORMATION: Slotted guidepoles are hollow poles with

holes or ``slots'' that perforate the length of the pole and that are

typically a foot-long and 1-2 inches wide. Where the pole passes

through a floating roof, there is an opening in the roof and a gap

between the pole and the roof. These holes, slots and gaps contribute

to evaporative product losses and volatile organic compound (VOC)

emissions. VOCs include a wide variety of hydrocarbons, some of which

are hazardous air pollutants (e.g., benzene, toluene, xylene and ethyl

benzene). Depending on the size, location and contents of a tank,

uncontrolled emissions from slotted guidepoles can exceed 25,000 pounds

per year. Relatively simple and inexpensive solutions exist to minimize

these emissions and reduce evaporative losses.

A substantial but undetermined number of NSPS Subpart Ka/Kb tanks

have slotted guidepoles. EPA is aware of at least 70 such tanks at 10

refineries in 4 EPA Regions, but the universe of all such tanks is much

broader than refineries. They may be found at any facility that stores

substantial quantities of volatile organic liquids, including petroleum

products (e.g., refineries, gasoline distribution terminals, chemical

plants and other facilities). Several EPA Regions have settled

enforcement actions by requiring companies to install controls on their

slotted guidepoles. EPA understands

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that certain other companies have also installed slotted guidepole

controls. In the interests of promoting fast, efficient and widespread

emission reductions, EPA intends to offer and enter into agreements

with companies that installed or will install controls to reduce

slotted guidepole emissions at their NSPS Subpart Ka/Kb tanks. As under

EPA's policy concerning voluntary disclosure, this opportunity will be

available only to owners/operators of affected NSPS Subpart Ka/Kb

facilities that are not currently the subject of an enforcement action

based upon their use of slotted guidepoles. See Incentives for Self-

Policing: Discovery, Disclosure, Correction and Prevention of

Violations, 60 FR 66706 (December 22, 1995).

The American Petroleum Institute (``API'') has actively

participated on this and related tank issues, suggesting that this

matter could be resolved by establishing a cooperative emissions

reduction program for tanks with slotted guidepoles. EPA engaged in

discussions with API on the scope, appropriateness and terms of such a

program, the result being the below-described program, appendices and

related attachments.

During our discussions with API an issue arose over the use of

slotted guidepoles at internal floating roof tanks. API agreed that

they should be included in the program but urged that no add on

controls be required (as under the existing source Refinery MACT

1). EPA's Office of Air Quality Planning and Standards

(OAQPS) has been requested to: (1) identify and quantify the emissions

from slotted guidepoles at internal floating roof tanks without add-on

controls; (2) assess whether slotted guidepoles at internal floating

roof tanks should be exempt from add on control requirements; and, if

so, (3) decide whether a rulemaking is necessary and will be pursued to

resolve the issue. If OAQPS commits to a rulemaking for these internal

floating roof tanks, EPA may exclude them from this program. Comments

are solicited on whether and what add-on controls could be installed at

internal floating roof tanks with slotted guidepoles to reduce their

evaporative product emissions.

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\1\ New refinery tanks are subject to the same or similar

slotted guidepole requirements as under NSPS Subpart Ka/Kb. Compare

40 CFR 63.646(a), 63.119(b) and 63.119(c) with 40 CFR 60.112a(a) and

60.112b(a). Since existing sources are not subject to these

requirements, 40 CFR 63.646(c), the Refinery MACT is less stringent

than NSPS Subparts Ka/Kb at such sources.

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EPA believes the Storage Tank Emission Reduction Partnership

Program will result in substantial emission reductions through

installing low cost controls while avoiding the time and expense of

litigation. Since these emission controls also reduce potentially

significant evaporative product losses, EPA believes that the total

annualized cost of controls (with product recovery credits) could be

less than $0.

EPA's proposal offers clear and consistent terms to reduce

uncertainty, inform company decisions and eliminate the need for

extended, individualized negotiations:

The agreement would identify acceptable slotted guidepole

controls. See APPENDIX I (Acceptable Controls for Slotted Guidepoles

under the Storage Tank Emissions Reduction Partnership Program). EPA

previously determined that floats and wipers (i.e., gasketed covers)

complied with applicable control requirements under NSPS Subparts Ka

and Kb. Based on information provided by API, EPA believes that several

other approaches are as or more effective in reducing emissions and

evaporative product loses and are, therefore, identified as being

acceptable in APPENDIX I. Suggestions for and comments on other

controls/approaches are solicited.

The agreement would not require that penalties be paid as

a condition of program participation. EPA believes that immediate

emission reductions under this program would be preferable to

initiating enforcement actions seeking penalties under the Clean Air

Act. Nonetheless and if a participating company fails to implement its

agreed-to controls in a timely manner, stipulated penalties under its

agreement with EPA would be imposed. This program addresses federal

requirements and federal enforcement only; states may have more

stringent requirements.

EPA would specify the terms and conditions for program

participation through a standard participation agreement that each

participant must execute. See APPENDIX II. Comments on the specific

terms and conditions of that agreement are solicited, including the

possible use of binding arbitration to resolve certain disputes if and

to the extent such may then be permitted under the Alternative Dispute

Resolution Act.

To aid informed company decision making on whether to participate,

EPA intends to establish a realistic implementation schedule based on a

progression of activities:

1. Each program participant will notify EPA of its intent to

participate within 60 days of a final program notice. Such early

registration will enable better resource planning and coordination by

the Agency and participating companies.

2. Participants must then assess all of their NSPS Subpart Ka/Kb

tanks with slotted guidepoles. A company could withdraw from the

program even after completing this assessment, but EPA anticipates that

few will do so.

3. Each company will be required to submit an executed

participation agreement to EPA, including a complete Annex A, within

240 days of the final program notice. Annex A would identify all that

company's NSPS Subpart Ka/Kb tanks with slotted guidepoles, specify

when acceptable controls were or will be installed on such tanks and

predict emission reductions that will result from the installation of

these controls. The accuracy of all information submitted to EPA will

be certified by a responsible corporate official. Companies that

already installed acceptable controls on some, many or all of their

NSPS Subpart Ka/Kb affected facilities can participate in this program

and benefit from its certainty and protections, provided such

facilities are identified and included in Annex A.

4. EPA will execute the participation agreement and issue an

enforceable order incorporating the company-supplied Annex A if no

deficiencies are identified (e.g., Annex A's schedule for installing

controls is or will be consistent with applicable requirements under

Section 113(a)(4) of the Clean Air Act at the time the order is

issued).

5. As required by the agreement and order, participating companies

would then install controls as expeditiously as possible.

EPA believes that the above-described program is the best, most

cost-effective way to achieve immediate environmental improvement and

significant progress in resolving this issue. Its terms, conditions and

protections will be available only to those companies that elect to

participate. If and as appropriate, nonparticipants may be subject to

enforcement actions in which significant penalties would be sought for

violations of NSPS Subparts Ka and Kb.

Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August

10, 1999), requires EPA to develop an accountable process to ensure

``meaningful and timely input by State and local officials in the

development of regulatory policies that have federalism implications.''

``Policies that have federalism implications'' is defined in the

Executive Order to include regulations and regulatory policies that

have ``substantial direct effects on the

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States, on the relationship between the national government and the

States, or on the distribution of power and responsibilities among the

various levels of government.''

This notice does not have federalism implications. It will not have

substantial direct effects on the States, on the relationship between

the national government and the States, or on the distribution of power

and responsibilities among the various levels of government, as

specified in Executive Order 13132. It reaffirms and publicizes prior

EPA determinations concerning the applicability of certain federal

requirements to the regulated community. Thus, the requirements of

section 6 of the Executive Order do not apply to this notice.

Comments on the approach outlined above, as well as on the specific

items and terms reflected in the following Appendices, are solicited.

To be considered fully, comments must be received by February 28, 2000.

Dated: December 23, 1999.

Eric V. Schaeffer,

Director, Office of Regulatory Enforcement, Office of Enforcement and

Compliance Assurance.

Appendix I--Acceptable Controls for Slotted Guidepoles Under the

Storage Tank Emissions Reduction Partnership Program

1. Pole Float System--Each opening through the deck of the

floating roof for a slotted guidepole shall be equipped with a deck

cover, a pole wiper and a pole float. The deck cover shall also be

equipped with a gasket between the cover and deck. The wiper or seal

of the pole float shall be at or above the height of the pole wiper.

2. Alternate Control Technologies and Combinations--The

following will inform EPA's determination of whether an alternate

control technology is acceptable for use under the Storage Tank

Emissions Reduction Partnership Program. An alternate control

technology must be shown to have an emission factor less than or

equal to the emission factor for the above-identified control

system. Tests to determine emission factors for an alternate control

technology shall accurately simulate conditions representative of

the conditions under which the technology will/would operate (e.g.,

wind, temperature and barometric pressure). Such tests may utilize

the methods listed in American Petroleum Institute (API) Manual of

Petroleum Measurement Standards, Chapter 19, Section 3, Part A (Wind

Tunnel test Method for the Measurement of Deck-Fitting Loss Factors

for External Floating-Roof Tanks) or Part E (Weight Loss Test Method

for the Measurement of Deck-Fitting Loss Factors for Internal

Floating-Roof Tanks).

A combination of technologies and devices to control emissions

from slotted guidepoles and deck fittings may be acceptable under

the Storage Tank Emissions Reduction Partnership Program if such

alternate emits no more than the above-identified control system

plus the same combination of deck fittings (equipped as required

under NSPS Subpart Kb), as determined using AP-42. The emissions

from an alternate combination of control technologies and devices

shall be determined using AP-42 and/or as specified above.

3. Pole Sleeve System--Each opening through the deck of the

floating roof for a slotted guidepole shall be equipped with a deck

cover, a pole wiper and a pole sleeve. The deck cover shall be

equipped with a gasket between the cover and the deck. The sleeve

extends into the stored liquid.

4. Internal Sleeve Emission Control System--An internal

guidepole sleeve that eliminates the hydrocarbon vapor emission

pathway from inside the tank through the guidepole slots to the

outside air; a guidepole cover at the top of the guidepole; and a

well cover positioned at the top of the guidepole well that seals

any openings between the well cover and the guidepole (e.g., pole

wiper), any openings between the well cover and any other objects

that pass through the well cover, and any other openings in the top

of the guidepole well.

5. Covers on External Floating Roof Tanks--The external floating

roof tank shall be (or have been) modified by installing a fixed

roof mounted on the tank above its external floating roof. Each

opening through the deck for a slotted guidepole shall have its

lower edge below the surface of the stored liquid.

6. Removal of Tank from Service and Surrender of Permits--Remove

the tank from service storing liquids subject to NSPS Ka or Kb

controls, surrender any and all operating permits for that tank to

the appropriate state/local regulatory authority and represent to

such authority that it will not be used to store petroleum liquids,

as defined in 40 CFR 60.111a(b) that have a maximum true vapor

pressure in the range defined in 40 CFR 60.112a(a), or volatile

organic liquids, as defined in 40 CFR 60.111b(k), that have a

maximum true vapor pressure in the range defined in 40 CFR

60.112b(a).

Definitions: Deck cover means a device which covers an opening

in a floating roof deck. Some deck covers move horizontally relative

to the deck (i.e., a sliding cover).

Pole float means a float located inside a guidepole that floats

on the surface of the stored liquid. The rim of the float has a

wiper or seal that extends to the inner surface of the pole.

Pole sleeve means a device which extends from either the cover

or the rim of an opening in a floating roof deck to the outer

surface of a pole that passes through the opening. The sleeve

extends into the stored liquid.

Pole wiper means a seal that extends from either the cover or

the rim of an opening in a floating roof deck to the outer surface

of a pole that passes through the opening.

Slotted guidepole means a guidepole or gaugepole that has slots

or holes through the wall of the pole. The slots or holes allow the

stored liquid to flow into the pole at liquid levels above the

lowest operating level.

Appendix II--Storage Tank Emission Reduction Partnership Agreement

The United States Environmental Protection Agency (``EPA'') and

____________ (``Participating Company''), the parties herein, desire

to enter into and be bound by the terms of this Storage Tank

Emission Reduction Partnership Agreement (``Partnership Agreement''

or ``Agreement'').

Whereas Participating Company recognizes that reducing emissions

from tanks and other storage vessels with slotted guidepoles

1 can improve air quality while reducing evaporative

product losses.

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\1\ A guidepole (also referred to as a gaugepole, gauge pipe or

stilling well) is a vertically oriented pipe or tube that is affixed

to a tank and that passes through its floating roof. Slotted

guidepoles are guidepoles with slots or holes that allow stored

liquids to flow into the pole, thereby enabling representative

samples to be collected from within the slotted guidepole.

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Whereas Participating Company is committed to environmental

improvement and the cost-effective reduction of emissions.

Whereas EPA recognizes the value of cooperative emission

reduction programs with industry.

Whereas Participating Company desires to participate in the

Storage Tank Emission Reduction Partnership Program announced by EPA

at __________ Fed. Reg. __________ (2000) (hereinafter referred to

as ``Program notice'').

Now, therefore, in consideration of the above and the mutual

undertakings of each to the other, EPA and Participating Company

agree as follows:

Applicability

1. The provisions of this Partnership Agreement shall apply to

and be binding upon EPA and upon Participating Company, its

officers, directors, agents, servants, employees, successors and

assigns. Participating Company shall give notice of this Agreement

to any successor in interest prior to the transfer of any ownership

interest in any tank identified in Annex A.

Representations

2(a). Participating Company represents that:

a. It notified EPA of its intent to participate in the Storage

Tank Emission Reduction Partnership Program within 60 days of the

Program notice.

b. It assessed and evaluated each of its NSPS Subpart Ka and Kb

affected facilities 2 with slotted guidepoles

(hereinafter referred to as ``Tanks'') and is submitting this

executed Partnership Agreement to EPA within 240 days of the Program

notice.

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\2\ NSPS Subpart Ka applies to petroleum liquid storage vessels

with a capacity of greater than 40,000 gallons that were

constructed, reconstructed or modified after May 18, 1978; NSPS

Subpart Kb applies to volatile organic liquid storage vessels with a

capacity of greater than 40 cubic meters that were constructed,

reconstructed or modified after July 23, 1984. The equipment design

requirements for floating roof tanks subject to NSPS Subparts Ka and

Kb are found at 40 CFR 60.112a and 60.112b.

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c. Annex A (attached hereto and incorporated by reference

herein) is a true, accurate and complete identification of:

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i. Each Tank;

ii. The date(s) by which controls were or will be installed at

each Tank, provided that if controls were installed before

__________ [the date of the Program notice] that date may be used;

and

iii. Predicted emission reductions such controls will achieve at

each Tank.

d. The controls identified in Annex A were either specified in

Appendix I to the Program notice (Acceptable Controls for Tanks with

Slotted Guidepoles Under the Storage Tank Emission Reduction

Partnership Program), attached hereto and incorporated by reference

herein, or expressly determined by EPA to be acceptable for purposes

of the Storage Tank Emission Reduction Partnership Program under

Paragraph 2 of Appendix I.

e. The predicted emission reductions reflected in Annex A were

calculated and derived through the proper use of either EPA's TANKS

software (version 3.1 or later) or an alternative methodology

expressly determined to be acceptable for this purpose by EPA.

f. The undersigned is a duly authorized representative of

Participating Company, with full powers to make these

representations, enter into this Agreement and bind Participating

Company to the terms hereof.

(b). The undersigned EPA representative is authorized to enter

into this Agreement and bind EPA to the terms hereof.

Participating Company Undertakings

3. Participating Company shall install slotted guidepole

controls on Tanks identified in Annex A as expeditiously as possible

(e.g., when the Tank is next taken out of service) but not later

than:

a. Twenty-six (26) months after issuance of the Program notice;

or

b. One hundred and twenty months (120) of the Program notice if

a Tank must be taken out of service in order to instal such

controls, provided Annex A describes why such Tank(s) must be taken

out of service and either identifies the date(s) by which

appropriate interim controls will be installed (i.e., a self-

aligning float equipped with at least one wiper seal gasket that is

maintained at or above the height of the pole wiper) or describes

why such Tank(s) must be taken out of service in order to instal

interim controls.

4. Participating Company shall properly operate and maintain all

slotted guidepole controls required under Paragraph 3 in the manner

specified in Attachment 1 and shall include such controls and this

requirement in federally enforceable permits issued by appropriate

permitting authorities.

5. Participating Company shall not seek or obtain emission

reduction credits for emission reductions that result from

installing slotted guidepole controls under Paragraph 3 or from the

work required under Paragraph 4 of this section, nor shall it use

such reductions to offset or net against other emission increases in

any permitting or enforcement action required by or taken pursuant

to state or federal law.

6. Participating Company agrees and by entering into this

Agreement consents to EPA's issuance of an order under and as

specified in Paragraph 9.

EPA Undertakings

7. Compliance with the requirements set forth herein, including

Paragraphs 3-6, shall be deemed and will, therefore, constitute full

settlement and satisfaction by EPA of those violations of the

Standards of Performance for New Sources, Subparts Ka and Kb, that

could be or could have been alleged in civil actions or proceedings

brought by EPA or the United States concerning Participating

Company's use of slotted guidepoles at Tanks identified in Annex A.

8. Within sixty (60) days of its receipt of this Partnership

Agreement, EPA will promptly review and either sign and return a

fully executed copy of that Agreement to Participating Company or

identify deficiencies in Annex A. If deficiencies identified by EPA

are not corrected and a revised Annex A submitted within thirty (30)

days of Participating Company's receipt of such identification by

EPA, Participating Company's opportunity to participate under the

Storage Tank Emission Reduction Partnership Program shall then cease

and all its rights, expectations, obligations and undertakings (if

any) under that program and this Agreement shall terminate and be

deemed a nullity.

9. If and after EPA executes this Agreement as specified in

Paragraph 8, it will issue an order to Participating Company in the

form provided at Attachment 2.

Publicity

10. Participating Company may publicize that it is partnering

with EPA under the Storage Tank Emission Reduction Partnership

Program.

11. Upon request, EPA will recognize and acknowledge

Participating Company's participation under this Partnership Program

and/or industry's leadership and assistance in identifying controls

for slotted guidepoles.

Access and Inspection

12. Without prior notice, any authorized representative of EPA

(including a designated contractor), upon presentation of

credentials where Tanks are located, may enter such location(s) at

reasonable times to determine compliance with the requirements,

terms and conditions of this Agreement. To make such a

determination, EPA's authorized representative(s) shall have full

and complete access to inspect, photograph, or videotape any Tank

and to copy such records related to Participating Company's

undertakings under this Agreement that EPA's representative(s) may

deem necessary, provided such is consistent with EPA's authority

under applicable laws, permits and regulations. Access under this

Paragraph is subject to the normal health and safety requirements in

effect at such locations. This Paragraph is in addition to, and not

in limitation of, EPA's authority to investigate, inspect or enter

premises pursuant to applicable laws, permits and regulations.

Force Majeure

13. If any event occurs that causes or may cause a delay in

Participating Company's compliance with Paragraphs 3 or 4 of this

Agreement, Participating Company shall notify EPA within thirty (30)

days after Participating Company becomes aware of such event. This

notice shall reasonably describe the anticipated length of the

delay, the reason(s) for the delay, measures Participating Company

has taken and will take to prevent or minimize the delay, and the

timetable by which these measures have been or will be implemented.

Increased costs or expenses associated with the implementation of

this Agreement shall not be the sole or primary basis for a change

in its terms or an extension of time. Participating Company shall

adopt reasonable measures to avoid or minimize any such delay.

14. If the parties agree that the delay or anticipated delay in

compliance with Paragraph 3 of this Agreement has been or will be

caused by circumstances beyond the reasonable control of

Participating Company and its contractors as under Paragraph 20, the

time for performance hereunder shall be extended for a period no

longer than the length of the delay caused by such circumstances.

The parties shall also then seek to agree on the period of such

extension as under Paragraph 20, but if they cannot so agree, the

determination by EPA shall control unless Participating Company

invokes the formal Dispute Resolution provisions of Paragraph 21.

15. If EPA determines that such delay, anticipated delay or any

identified portion thereof was caused by circumstances within the

reasonable control of Participating Company and its contractors,

Participating Company shall be in breach of this Agreement and

subject to stipulated noncompliance penalties as set forth in

Paragraph 16 unless Participating Company invokes the Dispute

Resolution provisions of this Agreement (Paragraphs 20-21).

Stipulated Noncompliance Penalties

16. If Participating Company fails to comply with the

requirements of Paragraphs 3 (including Annex A), 4 or 5, it shall

pay up to $1,000 per day for the first thirty (30) days of

noncompliance and up to $2,500 per day for each day of noncompliance

thereafter until compliance is demonstrated. Stipulated penalties

are to be determined for each Tank, provided that stipulated

penalties for all noncompliance occurring on the same day shall not

exceed $10,000 per facility at which such noncompliance exists or

occurs and $25,000 per participating company. Payment of stipulated

penalties shall be by cashier's check, certified check or wire

transfer, payable to ``Treasurer, United States of America'' and

delivered to EPA.

17(a). If any noncompliance with Paragraphs 3, 4 or 5 is

discovered by Participating Company, it shall so notify EPA and

provide a written statement describing such noncompliance by the

last day of the month following the month in which such

noncompliance was identified by Participating Company.

If any noncompliance with Paragraphs 3, 4 or 5 is discovered by

EPA, it shall so notify Participating Company and there describe

such noncompliance.

18. After an opportunity to informally resolve issues under

Paragraph 20, EPA will

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demand payment of such stipulated penalties as it determines are

appropriate under the circumstance and permitted under Paragraph 16.

Stipulated penalties shall be paid by the last day of the month

following the month in which such demand is made unless

Participating Company invokes the formal Dispute Resolution

provisions of Paragraph 21.

19. For any noncompliance that is or could be subject to

stipulated noncompliance penalties hereunder, EPA expressly reserves

the right to seek any other relief to which it may be entitled under

law, including but not limited to specific performance of this

Agreement, injunctive relief under the Act and such other relief as

may be available under any federal statute or the common law.

Dispute Resolution

20. Informal. If Participating Company disputes any

determination made by EPA pursuant to Paragraphs 14-15 (Force

Majeure), Paragraph 18 (Stipulated Noncompliance Penalties),

Paragraphs 32-33 (Termination) or Appendix I (Alternate Control

Technologies) but only if such alternate was requested by

Participating Company, it shall send a written notice to EPA

outlining the nature of the dispute/disagreement and requesting

informal negotiations to resolve the dispute. Such period of

informal negotiations shall not extend beyond thirty (30) days from

the date when the notice was sent unless the parties expressly agree

otherwise in writing.

21. Formal. If informal negotiations are unsuccessful, either

party may request and both parties shall then attempt to reach

agreement on a process and procedure for resolving the dispute by

formal means using a neutral third party. Such process and

procedures may include, but need not be limited to, mediation,

nonbinding arbitration and binding arbitration (but only if and to

the extent binding arbitration is then permitted under the

Administrative Dispute Resolution Act of 1996 and EPA policy). If an

agreement on process and procedure is not reached within sixty (60)

days from the date notice was sent under Paragraph 20 or as

otherwise provided in this Agreement, either party may then assert

whatever rights they may have hereunder in an appropriate federal

court.

Notification

22. All notices, records and submissions required under this

Agreement shall be maintained where each Tank is located or where

such Tank's records are normally maintained, provided they can be

made available by facsimile (or otherwise) upon request during an

inspection under Paragraph 12.

23. All notices, submissions and certifications required of

Participating Company under this Agreement shall be in writing and

postmarked or hand delivered to:

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with copy to: U.S. Environmental Protection Agency, Air Enforcement

Division--Station Source Enforcement Branch, Mail Code 2242A,

Washington, DC 20460.

All notices required of EPA and all EPA determinations under

this Agreement shall be in writing and postmarked or hand delivered

to:

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24. Upon completion of its obligations and undertakings under

this Agreement, Participating Company shall provide a written

certification of its compliance with this Agreement to EPA,

including a description of the work performed under Paragraph 3, the

date such work was completed and an identification of such permit(s)

that were or will be issued under Paragraph 4. Such certification

shall be signed by a responsible official and contain the following

language: I certify under penalty of law that the information

contained in and accompanying this document (if applicable) is true,

accurate, and complete to the best of my knowledge, information and

belief after reasonable inquiry.

For purposes of this Paragraph, a ``responsible official'' means

the president, secretary, treasurer, or a vice-president of

Participating Company, its senior management representative(s) where

such Tanks are located, or any person who performs similar policy or

decision-making functions for Participating Company.

Miscellaneous Provisions

25. Participating Company agrees to accept service from EPA by

mail with respect to all matters relating to or arising under this

Agreement at the address listed below (if different from Paragraph

23):

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EPA agrees to accept service from Participating Company by mail

with respect to all matters relating to or arising under this

Agreement at the address listed below (if different from Paragraph

23):

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26. Annex A of this Participation Agreement may be modified only

if EPA and Participating Company agree and consent to such

modification in writing.

27. This Agreement does not modify or affect in any way

Participating Company's responsibility to achieve and maintain

compliance with all other applicable federal, state and local laws,

regulations and permits.

28. Each party shall bear its own costs, attorney's fees and

disbursements in this matter.

29. This document, including its attached Annex A, Appendix I

and Attachments 1 and 2, encompasses the entire agreement of the

parties with respect to the subject matter hereof and totally

supersedes all prior agreements and understandings, whether oral or

in writing.

Termination

30. When Participating Company has complied with Paragraph 3, is

in compliance with Paragraph 4 and has certified compliance under

Paragraph 24, Participating Company may notify EPA of its intent to

terminate this Agreement. EPA may object to such termination only on

the grounds that Participating Company has not complied with this

Agreement.

31. If EPA does not object to Participating Company's notice of

intent to terminate, this Agreement will terminate ninety (90) days

after the date of dispatch of such notice of intent to terminate.

Notwithstanding such termination of this Participation Agreement,

the obligations of Paragraphs 3, 4, 5 and 7 shall continue

indefinitely.

32. If EPA objects to Participating Company's notice of intent

to terminate, it must do so in writing within sixty (60) days of its

receipt of such notice. If EPA objects to Participating Company's

notice of intent to terminate, Participating Company may invoke the

Dispute Resolution provisions of this Agreement (Paragraphs 20-21).

In resolving any dispute regarding termination of this Agreement,

Participating Company shall have the burden of proving that it is,

was and has been in compliance with this Agreement.

33. If EPA determines that Participating Company is in material

breach of this Agreement (e.g., evinces a pattern and practice of

noncompliance with its terms and conditions), it shall give notice

of such breach and may give notice of its intent to terminate this

Agreement. If Participating Company objects to EPA's determination

and/or notice of intent to terminate, Participating Company may

invoke the Dispute Resolution provisions of this Agreement

(Paragraphs 20-21). If then terminated, Participating Company's

opportunity to participate under the Storage Tank Emission Reduction

Partnership Program shall then cease and all its rights,

expectations, obligations and undertakings (if any) under that

program and this Agreement shall terminate and be deemed a nullity.

Reservation of Rights

34. By entering into the Agreement, EPA understands that

Participating Company neither agrees nor concedes that its use of

slotted guidepoles without the controls specified in Appendix I

violate or violated any Clean Air Act requirement. Similarly,

Participating Company understands that EPA neither agrees nor

concedes that Participating Company's prior use of slotted

guidepoles without such controls was acceptable or excused in any

way or on any basis whatsoever. With respect to any tank(s) other

than a Tank identified in Annex A, each party reserves all rights

they may have to contest or otherwise litigate any issue arising out

of any use of slotted guidepoles.

Effective Date

35. This Participation Agreement shall be effective when signed

by both Participating Company and EPA.

By:--------------------------------------------------------------------

[Participating Company]

Date:------------------------------------------------------------------

[[Page 2396]]

By:--------------------------------------------------------------------

U.S. Environmental Protection Agency

Date:------------------------------------------------------------------

Attachment 1: Operating and Maintenance Requirements for Slotted

Guidepole Controls Under the Storage Tank Emissions Reduction

Partnership Program

The sliding cover shall be in place over the slotted-guidepole

opening through the floating roof at all times except when the

sliding cover must be removed for access. If the control technology

used includes a guidepole float, the float shall be floating within

the guidepole at all times except when it must be removed for access

to the stored liquid or when the tank is empty.

Visually inspect the deck fitting for the slotted guidepole at

least once every 10 years and each time the vessel is emptied and

degassed. If the slotted guidepole deck fitting or control devices

have defects, or if a gap of more than 0.32 centimeters (1/8 inch)

exists between any gasket required for control of the slotted

guidepole deck fitting and any surface that it is intended to seal,

such items shall be repaired before filling or refilling the storage

vessel with regulated material.

Tanks taken out of hydrocarbon service, for any reason, do not

have to have any controls in place during the time they are out of

service.

Attachment 2: Form Compliance Order

United States Environmental Protection Agency

In The Matter of:

[Participating Company]

Respondent.

Storage Tank Emission Reduction Partnership Program

Agreement No. __________

Findings and Order

Pursuant to Section 113(a)(3) of the Clean Air Act (``CAA''),

consistent with the Storage Tank Emission Reduction Partnership

Agreement identified above and entered into between the United

States Environmental Protection Agency (``EPA'') and Respondent, and

based upon available information, EPA hereby makes and issues the

following Findings and Order:

Findings

1. Respondent is a Participating Company under above-identified

Storage Tank Emission Reduction Partnership Agreement.

2. EPA promulgated New Source Performance Standards (``NSPS'')

for Petroleum Liquid Storage Vessels and for Volatile Organic Liquid

Storage Vessels, appearing in 40 CFR Part 60, Subparts Ka and Kb.

3. Respondent owns or operates certain ``affected facilities''

under NSPS Subpart Ka and/or Kb that have or had floating roofs with

slotted guidepoles, as identified in Annex A.

Order

4. Respondent shall install, maintain and operate properly those

controls specified in Annex A by the date(s) there indicated and

shall include or seek to include such controls and this requirement

in federally enforceable permits issued by appropriate permitting

authorities.

5. Respondent shall not seek or obtain emission reduction

credits for emission reductions that result from its compliance with

this order, nor shall it use such reductions to offset or net

against other emission increases in any permitting or enforcement

action required by or taken pursuant to state or federal law.

6. Pursuant to Section 113(a) of the CAA, failure to comply with

this Order may lead to a civil action to obtain compliance or an

action for civil or criminal penalties.

Issued this ________ day of ________, 2000.

U.S. Environmental Protection Agency.

[FR Doc. 00-620 Filed 1-13-00; 8:45 am]

BILLING CODE 6560-50-U