Federal Standards for Marine Tank Vessel Loading Operations and National Emission Standards for Hazardous Air Pollutants for Marine Tank Vessel Loading Operations

Federal RegisterSep 19, 1995

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 9 and 63

[AD-FRL-5272-8]

RIN 2060-AD02

Federal Standards for Marine Tank Vessel Loading Operations and

National Emission Standards for Hazardous Air Pollutants for Marine

Tank Vessel Loading Operations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This action promulgates standards under section 183(f) of the

Clean Air Act (the Act) and requires reasonably available control

technology (RACT) to limit air emissions of volatile organic compounds

(VOC) and hazardous air pollutants (HAP) from new and existing marine

tank vessel loading operations. VOC emissions, together with nitrogen

oxides are precursors to the formation of tropospheric ozone, which can

impair lung capacity, cause eye, nose and throat irritation, timber and

other valuable crops such as soybeans and cotton. The health effects of

exposure to HAPs can include cancer, respiratory irritation and damage

to the nervous system. An additional set of standards promulgate

national emission standards for hazardous air pollutants (NESHAP) under

section 112 of the Act for marine tank vessel loading operations and

require existing and new major sources to control emissions using

maximum achievable control technology (MACT) to control HAP.

EFFECTIVE DATE: This regulation is effective September 19, 1995. See

Supplementary Information section concerning judicial review.

ADDRESSES: Technical Support Document. The Technical Support Document

(TSD) for the promulgated standards may be obtained from the U.S.

Department of Commerce, National Technical Information Service (NTIS),

Springfield, Virginia 22161, telephone number (703) 487-4650. Please

refer to ``Federal Standards for Marine Tank Vessel Loading Operations

and National Emission Standards For Hazardous Air Pollutants For Marine

Tank Vessel Loading Operations--Technical Support Document for Final

Standards,'' Document Number PB95-234514. The TSD contains, (1) a

summary of public comments made on the proposed standards and the

Administrator's response to the comments and (2) a summary of the

changes made to the standards since proposal.

Electronic versions of the promulgation TSD as well as this final

rule are available for download from the EPA's Technology Transfer

Network (TTN), a network of electronic bulletin boards developed and

operated by the Office of Air Quality Planning and Standards (select

``CAAA'' ``Title III''). The TTN provides information and technology

exchange in various areas of air pollution control. The service is

free, except for the cost of a phone call. Dial (919) 541-5742 for data

transfer of up to a 14,400 bits per second (bps). If more information

on TTN is needed, contact the systems operator at (919) 541-5384. A

copy of the TSD has also been placed in the Docket at the address given

below.

Docket. Docket No. A-90-44, containing supporting information used

in developing the promulgated standards, is available for public

inspection and copying from 8 a.m. to 4 p.m., Monday through Friday, at

the EPA's Air and Radiation Docket and Information Center, Waterside

Mall, Room M-1500, Ground Floor, 401 M Street SW., Washington, DC

20460. A reasonable fee may be charged for copying.

FOR FURTHER INFORMATION CONTACT: For information concerning the

standards or technical aspects, contact Mr. David Markwordt at (919)

541-0837, Emission Standards Division (MD-13), U.S. Environmental

Protection Agency, Research Triangle Park, North Carolina 27711.

SUPPLEMENTARY INFORMATION: Under section 307(b)(1) of the Act, judicial

review of NESHAP is available only by the filing of a petition for

review in the U.S. Court of Appeals for the District of Columbia

Circuit within 60 days of today's publication of this rule. Under

section 307(b)(2) of the Act, the requirements that are the subject of

today's notice may not be challenged later in civil or criminal

proceedings

[[Page 48389]]

brought by the EPA to enforce these requirements.

The information presented in this preamble is organized as follows:

I. The Standards

II. Summary of Impacts

III. Significant Changes to the Proposed Standards

A. Public Participation

B. Comments on the Proposed Standards

C. Significant Changes

D. Minor Changes

E. Other Significant Issues

IV. Administrative Requirements

A. Docket

B. Paperwork Reduction Act

C. Administrative Designation and Regulatory Analysis

D. Regulatory Flexibility Act

E. Unfunded Mandates Act

I. The Standards

A summary of today's final standards is listed in Table 1. Included

in this table are applicability cutoffs based on annual throughput

(under section 183(f)) and HAP emissions (under section 112),

separation of marine tank vessel loading operations at petroleum

refineries (which are now included under the petroleum refineries

source category), and emission standards based on subcategory

determinations for offshore terminals and the Alyeska Pipeline Service

Company's (APSC's) Valdez Marine Terminal (VMT). The promulgated

regulations allow for several alternative compliance technologies to

allow owners or operators maximum compliance flexibility.

Table 1.--Final Standards, National Costs, and Emission Reductions

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Emission reduction, Mg/

Section of act Subcategory Standard yr Annual cost, $MM

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183(f).............. New and existing terminals having 98 percent reduction in emissions if 13,000 (VOC), 900 (HAP). 20-40.

throughput of 1.6 billion using combustion techniques; 95

liters per year (10 million barrels percent reduction in emissions if

per year) of gasoline or 32 billion liters per year (200

million barrels per year) of crude

oil.

112................. Existing major source terminals having 97 percent reduction in HAP emissions. 7,000 (VOC), 750 (HAP).. 20-40.

emissions of hazardous air pollutants

(HAP) of 10/25 tons per year or more

from loading of marine tank vessels.

112................. Existing major source terminals 97 percent reduction in HAP emissions Impacts included in Impacts included in

collocated at petroleum refineries for existing sources, 98 percent previous subcategory previous subcategory

having HAP emissions of 10/25 tons reduction in HAP emissions for new data. data.

per year or more from loading of sources; emissions averaging with

marine tank vessels; new major source petroleum refinery emissions points

terminals regardless of HAP emissions is allowed.

from marine tank vessel loading (both

existing and new sources are

regulated under the Gasoline

Refineries NESHAP).

112................. Existing major source terminals having No control............................ None.................... None.

HAP emissions of less than 10/25 tons

per year from loading of marine tank

vessels.

112................. New major source terminals regardless 98 percent reduction in HAP emissions. None.................... None.

of HAP emissions from marine tank

vessel loading.

112 and 183(f)...... Existing major source terminals No control............................ None.................... None.

located more than 0.8 kilometers (0.5

miles) offshore.

112................. New major source terminals located 95 percent reduction in HAP emissions. None.................... None.

more than 0.8 kilometers (0.5 miles)

offshore.

112 and 183(f)...... Alyeska Pipeline Service Company's 98 percent reduction in emissions with 19,000 (VOC), 2,500 20.

Valdez Marine Terminal. maximum throughput limits. (HAP).

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Sources required to reduce emissions are also required to monitor

the performance of control technology installed to achieve the required

emissions reductions. Baseline parameters may be established by owners

or operators during initial performance tests, or continuous emissions

monitoring devices may be used to provide indicators of performance.

The baseline parameters may be based on manufacturer's recommended

operating parameters or other parameters selected by the source and

approved by the Administrator. Sources are also required to develop and

implement an operation and maintenance plan that describes a program of

corrective action for varying (i.e., exceeding baseline parameters) air

pollution control equipment and monitoring equipment used to comply

with these emissions standards. This plan includes operating parameters

that shall be monitored and recorded as indicators of proper operation

of the air pollution control devices.

In developing these final monitoring requirements and compliance

provisions, the Agency has provided significant flexibility to owners

or operators of sources required to reduce emissions in regard to

selecting monitoring protocols, yet has assured compliance with the

standards. Compliance is assured through reporting and recordkeeping

requirements that specify annual reports of system performance. This

reporting interval is compressed to semi-annual for sources that

experience excess emissions.

Owners or operators of all marine tank vessel loading operations

subject to the federal standards promulgated

[[Page 48390]]

under section 183(f) of the Act (RACT sources) are required to commence

construction of its vapor collection system and air pollution control

device(s) within 2 years from September 19, 1995. These RACT sources

are required to complete the installation of the control technology

needed to comply with the standards within 3 years from September 19,

1995. Owners or operators of new RACT sources with an initial startup

after September 21, 1998 are required to comply with all requirements

upon startup. A RACT source may request a waiver of final compliance

for up to 1 year if it can prove that the additional time is necessary

for the installation of controls.

Owners or operators of marine tank vessel loading operations

subject only to the requirements promulgated under section 112(d) of

the Act (MACT standards) are required to install the control technology

needed to comply with the standards within 4 years from September 19,

1995. Owners or operators of new MACT-only sources with initial startup

after September 20, 1999 are required to comply with all requirements

upon startup.

The VMT owners or operators are required to install the control

technology needed to comply with the standards within 30 months from

September 19, 1995.

II. Summary of Impacts

These standards will reduce nationwide emissions of hazardous air

pollutants (HAP) from marine tank vessel loading operations by

approximately 4,150 Mg (4,565 tons) after 1999 compared to the

emissions that would result in the absence of the standards. These

standards will reduce emissions of volatile organic compounds (VOC)

from marine tank vessel loading operations by approximately 39,000 Mg

(42,900 tons) after 1999 compared to the emissions that would result in

the absence of the standards. No significant adverse secondary air,

water, solid waste, or energy impacts are anticipated from the

promulgation of these standards.

The implementation of this regulation is expected to result in

nationwide annualized costs for existing marine tank vessel loading

operations of $60 million to $100 million beyond baseline based on an

analysis of applying controls to all existing facilities not currently

controlled to the level of the standards. Nationwide capital costs

expected to result from these regulations are approximately $266

million to $440 million.

As discussed in this preamble under Regulatory Flexibility Act

Compliance, the economic impact analysis performed for this rulemaking

showed that the estimated maximum price increases for the affected

products varied, but were not large (less than 1%). These price-

increase estimates reflect the control cost increases for transporting

crude and products. Because these increases are small and because the

elasticities of demand for petroleum products are small, estimated

percent output reductions were minimal. Correspondingly, estimated

employment reductions were also relatively small.

Potentially significant economic impacts on some of the smaller

affected terminal operations were identified, although the decision not

to require emission controls for existing smaller operations greatly

reduces the potential for adverse economic impacts on small terminal

operations. These potential impacts would result from the high per

barrel control cost differential between the smaller and larger

terminal operations that would need to control emissions. Some of these

smaller terminal operations, to the extent that they are competing with

nearby larger or unaffected terminal operations, could have had

difficulty raising prices to cover cost increases and could have been

significantly adversely impacted by this rule.

The potential economic impact on marine tank vessel owners was

substantially reduced because of the decision not to require emission

controls on small existing terminals in this rulemaking. Because only a

small percentage of U.S. marine transported volume of products will be

impacted by the standard, only a relatively small percentage of U.S.

marine tank vessels will need to retrofit. Thus, only the vessels that

will need the least cost to retrofit (most likely the larger, newer,

double-skin vessels) will do so, leading to some degree of dedicated

service. It is expected that vessel owners that do retrofit will be

able to pass most retrofit costs forward in terms of higher prices.

III. Significant Changes to the Proposed Standards

Proposed standards for marine tank vessel loading operations were

published in the Federal Register on May 13, 1994 (59 FR 25004). Under

section 183(f) of the Act, the proposed rule would have required a 98

percent reduction in emissions (or a 95 percent reduction, if recovery

techniques were used) from marine tank vessel loading and unloading

operations that load either 100 million barrels per year of crude oil

or 5 million barrels per year of gasoline. Sources would have had 2

years to comply with these RACT standards. Under section 112(d) of the

Act, the proposed rule also would have required owners or operators of

major sources that emit 1 ton per year or more of HAP from marine tank

vessel loading and unloading operations to reduce total HAP emissions

by at least 93 percent. Sources would have had 3 years to comply with

these MACT standards. The control devices used to meet these standards

were required to be operated at 98 and 95 percent efficiencies for

combustion and recovery control technologies respectively. The EPA also

proposed to regulate emissions from ballasting.

Three alternatives were proposed to ensure vessel tightness: (1)

Pressure test the vessel, (2) perform a leak test on all components

using Method 21 of appendix A of 40 CFR part 60, or (3) load the vessel

at less than atmospheric pressure.

Proposed monitoring requirements required owners or operators to

monitor any valves that could divert flow from a control device if

those bypass valves could not be secured. Monitoring criteria were also

proposed for combustion devices, carbon adsorbers, condensers,

absorbers, and flares. Owners or operators were generally required to

establish operating parameters during an initial performance test and

then monitor combustion temperature for combustion devices, VOC

concentration in the exhaust stream for carbon adsorbers, exhaust

stream temperature for condensers, VOC outlet concentration for

absorbers, and continuous presence of a flame and the vent stream flow

for flares. Criteria to apply for and obtain approval for alternative

monitoring criteria (and for alternative monitoring devices) were also

specified in the proposed rule.

Under the proposed rule, owners or operators of sources required to

install controls would have had to fulfill the reporting and

recordkeeping requirements of the part 63 General Provisions, including

submittal of the following reports: (1) Initial notification that the

source is subject to the standards, (2) notification of initial

performance test, (3) initial notification of compliance status, (4)

annual excess emissions and monitoring system performance report and/or

summary report, and (5) an annual emissions estimation report. These

sources would also have been required to maintain documentation that

vessels loaded at the facility were vapor tight. All information was to

have been made readily available to the Administrator or

[[Page 48391]]

delegated State authority for a minimum of 5 years.

In addition, the Agency requested comment on several issues,

including the subcategorization of certain types of terminals. On

August 31, 1994, the Agency published a notice reopening the comment

period to request comment on amending the Marine Tank Vessel Loading

and the Petroleum Refinery source categories to move marine terminals

collocated at petroleum refineries to the Petroleum Refineries source

category (59 FR 44955). On March 8, 1995, the Agency reopened the

comment period to request comment on extending the proposed compliance

dates (60 FR 12703).

A. Public Participation

Prior to proposal of the standards, interested parties were advised

by public notice in the Federal Register (56 FR 1186) of a meeting of

the National Air Pollution Control Techniques Advisory Committee to

discuss the regulation of this source category. This meeting was held

on January 31, 1991. The meeting was open to the public, and each

attendee was given an opportunity to comment on the standards

recommended for proposal.

The standards were proposed, and the preamble was published in the

Federal Register on May 13, 1994 (59 FR 25004). The preamble to the

proposed standards discussed the availability of the regulatory text

and proposal TSD, which described the regulatory alternatives

considered and the impacts of those alternatives. Public comments were

solicited at the time of proposal, and copies of the regulatory text

and TSD were distributed to interested parties. Electronic versions of

the preamble, regulation, and TSD were made available to interested

parties via the TTN (see ADDRESSES section of this preamble).

To provide interested persons the opportunity for oral presentation

of data, views, or arguments concerning the proposed standards, a

public hearing was held on June 15, 1994 in Research Triangle Park,

North Carolina. The public comment period was from May 13 to July 18,

1994. The Agency also reopened the public comment period for specific

comments on two occasions--August 31, 1994 (59 FR 44955) and March 8,

1995 (60 FR 12723). In all, over 150 comment letters were received

(including seven duplicates). Additional information received from

interested parties but not submitted directly to the docket was

included in the docket as additional comments on the proposed

regulation. Information submitted after the close of the comment period

is also included in the docket and may appear on the docket index as

public comments in docket category IV-D. The comments have been

carefully considered, and changes have been made to the proposed

standards when determined by the Administrator to be appropriate.

B. Comments on the Proposed Standards

Comments on the proposed standards were received from 143

commenters composed mainly of States, environmental groups, private

citizens, control device vendors, industry, and trade associations. A

detailed discussion of these comments and responses can be found in the

promulgation TSD, which is referred to in the ADDRESSES section of this

preamble. The summary of comments and responses in the TSD serves as

the basis for the revisions that have been made to the regulations

between proposal and promulgation. Most of the comment letters

contained multiple comments. A summary of the revisions to the

regulations along with discussion of the comments on the major issues

is provided below. In the TSD, the comments have been divided into the

following areas:

(1) Applicability of standards.

(2) Inclusion of certain terminals with the petroleum refinery

source category.

(3) Subcategorization issues.

(4) RACT/MACT.

(5) Compliance schedule for Titles I and III standards.

(6) Compliance, performance testing, and monitoring requirements.

(7) Vapor tightness requirements.

(8) Leak detection and repair.

(9) Reporting and recordkeeping requirements.

(10) General provisions interaction.

(11) Wording of regulation.

(12) Administrative record/sources of information.

(13) Cost effectiveness/impacts.

(14) Miscellaneous.

(15) Comments on proposed appendices to 40 CFR part 64.

C. Significant Changes

Several changes have been made since the proposal of these

standards. The majority of the changes have been made to clarify

portions of the rule that were unclear to the commenters. A summary of

the major changes is presented below.

(1) Removal of unloading operations (ballasting) from the source

category. In the proposed rule, the Agency included regulations

proscribing emissions from ballasting of vessels following unloading of

vessels. Comments asserted that ballasting operations are performed by

vessel operators, not by the regulated terminal sources. The Agency

agrees with this interpretation of the affected source. The Agency also

agrees that regulating ballasting operations would be difficult to

enforce. The Agency's intent in prohibiting ballasting emissions in the

proposed regulation was to provide a cross-reference with existing

Coast Guard regulations addressing ballasting in vessels. The Coast

Guard rules require vessels to have segregated ballast tanks for crude

oil loadings. The Agency sees no benefit to restating Coast Guard

requirements for ballasting. Moreover, EPA agrees that the relatively

low amount of actual emissions associated with ballasting does not

justify dual regulation of ballasting. As discussed in the proposal

TSD, the total VOC emissions from crude oil tankship ballasting were

estimated to be approximately 950 Mg/yr. Based on the portion of HAP in

crude oil vapor, total HAP emissions from ballasting are less than 120

Mg/yr. Ballasting emissions will diminish in the future because

tankships built since 1980 are required by domestic law and

international agreement to use segregated ballast tanks that do not

emit vapors during ballasting. Therefore, in order to prevent confusion

in the regulated community, the Agency does not address ballasting or

bunkering emissions in the final regulation. The Agency defers to the

U.S. Coast Guard's existing standards (33 CFR parts 155 and 157; and 46

CFR parts 30 et al.).

(2) Extension of the compliance schedule for section 183(f)

(``Title I'') and section 112 (``Title III'') standards. In the

proposed rule, EPA proposed to establish compliance deadlines of 2

years for the section 183(f) standards, and 3 years for the section 112

standards. The Agency received numerous comments regarding these

schedules that stated the length of the compliance periods was

insufficient to comply with the standards. Commenters noted that

facilities' abilities to install pollution control devices are

constrained by several factors, including the following: (1) The

limited number of contractors experienced in installing control

equipment in marine loading facilities; (2) the numerous facilities

that will need to meet the standards at the same time; and (3) the lead

time needed to meet permitting and safety requirements from permitting

authorities and the U.S. Coast Guard.

Commenters stated that EPA had discretion to extend the compliance

period under section 183(f), noting the ambiguity of the term

``effective date'' and that the evidence indicated that the proposed

emission control technologies

[[Page 48392]]

would not be ``reasonably available, considering costs, nonair-quality

benefits, environmental impacts, energy requirements, and safety

factors'' within 2 years. Commenters also noted that EPA had the

authority to provide for a waiver of compliance with MACT standards

under section 112 for up to 1 year if certain findings were made.

On March 8, 1995, EPA reopened the comment period to receive more

comments on the issue of whether the compliance periods for the RACT

and MACT regulations should be extended. Numerous commenters indicated

support for extending the compliance periods, generally reiterating the

views expressed in earlier comments. Some commenters also pointed out

that greater environmental benefits can sometimes be obtained by

granting longer compliance periods, which can allow for better

designed, more robust, safer and more advanced technologies, and in

this instance, could result in greater use of recovery technologies

(rather than incineration). Commenters also noted that previous

attempts by States to regulate tank vessel loading in less than 3 years

resulted in the need for numerous waivers as it became clear that the

deadlines could not be met. One commenter provided a list of several

marine loading terminals in California that had installed emission

control equipment and indicated that almost all of these installation

projects took at least 3 years to complete.

The Agency agrees with the commenters that permitting and safety

approvals from permitting authorities and the Coast Guard, the dearth

of skilled engineering and construction firms, and the history of

facilities being unable to comply with existing regulations compels the

Agency to extend the date for full compliance with the RACT and MACT

rules. In these final standards, EPA allows sources regulated under

section 183(f) 3 years to be in full compliance with the emission

control requirements promulgated under section 183(f). In addition,

RACT sources may request a waiver of up to 1 year to achieve full

compliance with the requirements if they can show that the additional

period is necessary for the installation of controls. The Agency

believes that this result is consistent with section 183(f). Section

183(f) requires the application of ``reasonably available'' control

technology, considering costs, any non-air quality benefits,

environmental impacts, energy requirements, and safety factors. The

overwhelming evidence received by the Agency indicates that most, if

not all, sources that must install emission control devices cannot do

so within 2 years. States that have attempted to enforce such a

requirement have been forced to provide waivers to the regulated

sources. Given the relative scarcity of qualified contractors and the

permitting and other requirements necessary for such construction, it

is clear that the emission control technologies required by this rule

will not be ``reasonably available'' within 2 years of the promulgation

of this rule. Moreover, the information provided to the Agency

indicates that a 2-year deadline may force regulated sources to install

equipment that is less reliable and that may cause safety concerns.

Given the emphasis that Congress put on safety in these regulations and

the fact that the Coast Guard will need to review such installations

prior to operation, a 2-year deadline seems contrary to Congress' broad

intent and may result in conflicts with Coast Guard requirements. The

Agency has in the past provided sources with reasonable time to

complete actions required by the Clean Air Act. See EPA rulemaking on

fuel/fuel additives published on June 27, 1994 (59 FR 33042).

Moreover, EPA believes that the imprecision of the term ``effective

date'' could also provide EPA with the ability to allow compliance

after 2 years. The distinction between ``effective dates'' of

regulations and ``compliance dates'' is important and has been a clear

part of administrative procedure for many years. See, e.g., section

112(i)(3); Natural Resources Defense Council v. Environmental

Protection Agency, 22 F. 3d 1125, 1138 (D.C. Cir. 1994).

The Agency is requiring regulated RACT sources to provide proof

that they have commenced construction of vapor collection systems and

air pollution control devices within 2 years after promulgation of the

final standards. The Agency believes that these actions can reasonably

be achieved within 2 years of promulgation.

The Agency believes that most RACT terminals will be able to meet

the emissions reduction requirements contained in the final standards

within the 3 years following the promulgation date. The Agency

estimates that only 8 terminals subject to the RACT requirements are

not presently controlling emissions to the level specified in the

standards. These terminals are among the largest terminals in the U.S.,

and can reasonably be expected to have in-house staff capable of

assisting in the design and installation of control technology.

Furthermore, the Agency is aware that some of these terminals are

already designing control equipment in anticipation of these final RACT

requirements.

The EPA shall allow existing sources regulated solely under section

112 four years to be in full compliance with the emission control

requirements promulgated under section 112. Sources must generally

comply with MACT standards under section 112 within 3 years of

promulgation. However, section 112(i) of the Act specifically allows

EPA to provide sources with a waiver of up to 1 year to achieve full

compliance with the requirements if they can show that the additional

period is necessary for installing the controls. Commenters stated that

standards containing similar compliance dates for a large number of

sources would result in numerous facilities competing for a limited

number of experienced contractors in order to meet the standards at the

same time. Commenters suggested a staggered compliance schedule for the

sources affected by the standards. Commenters also stated that many

sources would require more than 3 years to install the required control

equipment given the limited number of contractors experienced in

installing control equipment in marine loading facilities and the lead

time needed to meet permitting and safety requirements from permitting

authorities and the U.S. Coast Guard.

The Agency agrees with the commenters that many MACT sources would

probably require 1-year waivers if there was a 3-year compliance date

for MACT sources in the final rule. The Agency notes that these sources

are typically smaller than the sources regulated under RACT, and would

not be as likely to have in-house staff capable of assisting in the

design and installation of control technology. Therefore, the Agency

believes that the sources controlled under section 112 that are not

controlled under section 183(f) should automatically receive a waiver

of 1 year that will allow a total of four years from September 19, 1995

to comply with the MACT emission reduction requirements. The Agency

believes that this total of 4 years is sufficient time for the

estimated 20 sources presently uncontrolled to design and install

control technologies sufficient to meet the MACT standards. The Agency

believes that the staggered compliance schedule (i.e., 3 years for RACT

terminals and 4 years for MACT terminals) coupled with the reduced

number of terminals required to control emissions under the final rule

should alleviate commenters' concerns about the scarcity of qualified

installation consultants and vendors. This extended

[[Page 48393]]

schedule is also expected to address concerns regarding permitting

delays.

The Agency is providing the VMT with 30 months to be in full

compliance with these regulations. The Agency believes, per its

discussions with APSC, that this extension provides sufficient time to

comply with the promulgated rule.

(3) Addition of new subcategories under the section 112 regulations

for offshore terminals and for the Alyeska Pipeline Service

Corporation's Valdez Marine Terminal. In the proposed rule, the Agency

established two subcategories based on size for the section 112 MACT

regulations. The Agency also solicited comments on whether additional

subcategories should be established under the MACT regulations for

specific types of terminals based on particular characteristics of

those types of terminals of which the Agency had no information at that

time. Based on information received in the public comments, the Agency

has determined that two additional subcategories exist within the

marine tank vessel loading operation source category.

(a) Subcategory for offshore terminals. As stated in the

solicitation of comments in the proposed rule, the Agency does not

believe that a facility at least one-half mile offshore is part of a

land-based contiguous site. The Agency also stated that such offshore

terminals present unique regulatory challenges such as costs,

environmental impacts, and/or size constraints. The Agency requested

information regarding the feasibility and costs of controlling

emissions from offshore terminals. The Agency also requested comments

on whether offshore terminals should be grouped into a separate

subcategory and what the control status of terminals in such a

subcategory should be. Comments in response to this request indicated

that these types of vessel loading operations face significant

challenges in controlling emissions that were different from land-

based, contiguous loading operations. These challenges include high

costs, technical complications, and permitting requirements that would

result from requirements to construct new platforms to locate control

equipment adjacent to the offshore terminal or additional subsea or

surface lines to route loading vapors to onshore control equipment.

Commenters noted that these challenges are either non-existent or not

as pronounced for onshore, contiguous terminals. The Agency has

therefore determined that a subcategory for these types of terminals is

justified and has based its definition for offshore terminals on a

minimum distance of one-half mile from the terminal's furthest loading

point to the shore, regardless of the existence of subsea lines. [See

the discussion in section 2.3.2 of the TSD for the rationale supporting

the one-half mile limit].

Once the Agency determined that offshore terminals should be placed

in a subcategory for the MACT standards, the MACT floor was determined

(see Docket A-90-44, Item Number IV-B-2). Based on information received

from commenters, (see Docket A-90-44, Item Number IV-D-136) the Agency

estimates that there are fewer than 20 offshore terminals having subsea

lines. None of these terminals presently control emissions from marine

tank vessel loading. The Agency is also aware of additional offshore

terminals that do not have subsea lines. Two of these terminals are

known to presently control emissions (see Docket A-90-44, Item Number

IV-D-80). Based on the information available to the Agency, the MACT

floor for this subcategory is no control of HAP emissions (see MACT

floor memorandum in Docket A-90-44, Item Number IV-B-2). Data submitted

by commenters showed that the costs associated with the control of

offshore terminals are between two and five times more expensive than

comparable onshore control techniques (see Docket A-90-44, Item numbers

IV-D-108 and IV-D-136). Because of the poor cost effectiveness

resulting from these significantly higher costs, as well as the

environmental, safety, and technical challenges associated with

requiring control more efficient than the MACT floor, the Agency has

selected the MACT floor level of no control for offshore marine tank

vessel loading operations.

The Agency also determined that offshore terminals loading 10

million barrels or more per year of gasoline or 200 million barrels or

more of crude oil should not be required to control VOC or HAP

emissions under section 183(f) RACT requirements. Although one

commenter (see Docket A-90-44, Item Number IV-D-80) noted two

controlled offshore terminals, no information was submitted regarding

the specific control techniques used at these two terminals. Since most

of the other comments noted that the significantly higher costs and

poor cost effectiveness shown by these sources (see previous paragraph)

would make control requirements unreasonable for these offshore

terminals, the Agency determined that requirement for controls at

offshore RACT terminals would not be consistent with the requirements

for the technology to be ``reasonable.''

(b) Subcategory for Alyeska Pipeline Service Company's Valdez

Marine Terminal. In the proposed rule, the Agency solicited comment on

the possibility of placing the VMT in a separate subcategory. Comments

from APSC and several other commenters representing State and local

governments, industry, private citizens, and environmental groups were

considered by the Agency in developing this final rule.

The Agency has determined that the VMT should be placed in a

separate subcategory for the following reasons: (1) The VMT is the

largest (by a significant amount) crude oil loading operation in the

U.S.; (2) special circumstances, including climatic and economic

conditions, require keeping the oil moving through the pipeline; (3)

severe meteorological conditions result in increased loading

irregularity; (4) the VMT throughput projections show declining

throughput over the next several years. Several comments from

environmental groups, State and local agencies, and private citizens in

the Valdez area did not object to placing VMT in a separate subcategory

provided that emissions were controlled. Based on all of these factors,

the Agency determined that APSC's VMT should be placed in a separate

subcategory.

Once the subcategory for VMT was established, the Agency determined

the MACT floor for the subcategory (see Docket A-90-44, Item Number IV-

B-2). The VMT presently does not control emissions, therefore the MACT

floor is no control. However, the Agency noted that in all of the

comments received concerning the establishment of this subcategory, the

cost effectiveness associated with requiring controls more stringent

than the MACT floor is not prohibitive. The annual emissions reductions

anticipated from controlling VMT are expected to be approximately

19,000 Mg (20,900 tons) of VOC and approximately 2,500 Mg (2,750 tons)

of HAP. The annual costs anticipated with today's regulation of VMT are

expected to be $20 million. The resulting cost effectiveness is

approximately $1,050 per megagram based on VOC or approximately $8,000

per megagram based on HAP. The Agency therefore selected a strategy for

both MACT and RACT standards for VMT that requires a reduction in

emissions by 98 percent efficiency of all throughput loaded from at

least two of the terminal's loading berths. Maximum limits for total

throughput and throughput at uncontrolled berths (above which all VMT

loading berths would be required to reduce emissions by 98 percent) are

included as part of these standards.

[[Page 48394]]

These throughput limits address the projected decreasing throughput

that would necessitate the use of only two berths for routine loading

after 2001. Provisions to allow for scheduled maintenance of the

controlled berths are also established in the VMT standards.

Some commenters initially noted that the cost of controlling VOC

may be high relative to the benefits of controlling VOC at a remote

site in an Arctic ozone attainment area. Additionally, some commenters

initially stated that the benefits of controlling HAP would not appear

to justify the costs. However, the Agency has also considered later

comments from the APSC, the State of Alaska, the Prince William Sound

Regional Citizens Advisory Committee (a local citizens group) and

private citizens in determining MACT/RACT for the VMT. These commenters

agreed that a Federal rule mandating control of primary emissions at

the APSC was acceptable. After careful consideration of the costs, the

environmental impacts and the comments, the Agency decided that MACT

for this subcategory was control beyond the level of the MACT floor

(see Docket A-44-90, Item Number IV-B-2).

(4) Expansion of the petroleum refineries source category to

include marine tank vessel loading operations collocated at petroleum

refinery operations. The preamble to the proposed petroleum refinery

NESHAP published in the Federal Register on July 15, 1994 (59 FR 36130)

requested comments on whether marine tank vessel loading operations at

refineries should be included in emissions averaging. On August 31,

1994, the EPA also reopened the comment period for the proposed NESHAP

for Marine Tank Vessel Loading Operations (59 FR 44955) to request

comment on whether marine terminals collocated at refineries should be

moved to the petroleum refinery source category. During the comment

period for the gasoline distribution NESHAP, commenters requested that

bulk gasoline terminals contiguous to a refinery be regulated by the

petroleum refinery NESHAP.

Several commenters responding to the marine tank vessel loading

operations proposed NESHAP supported averaging of refinery process unit

emissions with emissions from marine terminals and gasoline

distribution operations that are located at refineries. The commenters

cited more cost effective emission reduction as the advantage of

including these emission points in emissions averaging and specifically

commented that the costs per Mg emission reduction of the marine tank

vessel loading emission controls are high. These commenters also

claimed that emission calculation procedures for loading are well

established and that adding marine loading to the averaging provisions

will not appreciably increase the complexity of enforcement. Other

commenters opposed including marine tank vessel loading and gasoline

distribution in emissions averaging. Some commenters claimed that these

are separate source categories, and the Act does not permit averaging

across source categories. Others were concerned that including marine

loading in averages could result in uncontrolled peak emissions.

In the final rules, emissions from marine tank vessel loading

operations, bulk gasoline terminal or pipeline breakout station storage

vessels, and bulk gasoline terminal loading racks at petroleum

refineries are allowed to be included in emissions averages. The

petroleum refinery source category and source definitions have been

changed to include marine tank vessel loading operations, bulk gasoline

terminal and pipeline breakout station storage vessels, equipment

leaks, and bulk gasoline terminal loading racks classified under SIC

codes 5171 (Petroleum Bulk Stations and Terminals) and 4613 (Refined

Petroleum Pipelines) that are located at refinery plant sites. Note

that these operations are closely connected with refinery process unit

operations since they transfer products of the refinery process units.

A marine tank vessel loading operation or gasoline terminal or

pipeline breakout station that is collocated at a petroleum refinery

can be considered part of the same source as the refinery subject to

this rule. Because these operations are redefined to be part of the

source subject to the rule, the prohibition against intersource

averaging is not violated. However, all terminals subject to section

183(f) regardless of location will not be allowed to average emissions

with petroleum refinery sources.

In keeping with EPA's stated goal of increasing flexibility in

rulemakings, this decision has been made to provide more opportunities

to average. This decision optimizes the opportunities for refiners to

find cost-effective emission reductions from overall facility

operations on-site. Costs and cost effectiveness of controlling a

particular kind of emission point, such as marine tank vessel loading,

will vary depending on many site-specific factors. Emissions averaging

allows the owner and operator to find the optimal control strategy for

their particular situation.

Including emissions from marine tank vessel loading operations,

bulk gasoline terminal or pipeline breakout station storage vessels,

and bulk gasoline terminal loading racks in emissions averages will

result in equivalent or greater overall HAP emission reduction at each

refinery. The averaging provisions are structured such that ``debits''

generated by not controlling an emission point that otherwise would

require control must be balanced by achieving extra control at other

refinery emission points covered by the NESHAP.

With regard to commenter's concerns about peak emissions, the

quarterly cap on the ratio of debits to credits is intended to limit

the possibility of exposure peaks. Furthermore, because loading

operations occur fairly frequently and emissions from an individual

vessel filling or loading event are relatively small, such emissions

are not expected to cause significant exposure peaks. Moreover, no

evidence has been presented that emissions averaging would permit a

very different mix of emissions to occur than would point-by-point

compliance. That is, peaks of exposures from batch streams, storage,

and loading operations should be equally likely under point-by-point

compliance as under emissions averaging; therefore, emissions averaging

does not represent a less effective control strategy. Furthermore, in

order to receive approval for an emissions average, the owner or

operator is required to demonstrate that the emissions average does not

increase the risk or hazard relative to compliance without averaging.

(5) Revision to the subcategories established based on annual HAP

emissions from 1 ton per year to 10 tons per year of any single HAP or

25 tons per year of total HAP. The proposed standards grouped major

source terminals into two subcategories based on HAP emissions:

Terminals with HAP emissions of 1 ton per year or more and terminals

having HAP emissions of less than 1 ton per year. In the preamble of

the proposed rule, the Agency requested comment on establishing these

subcategories based on size (i.e., HAP emissions). In the public

comments, the Agency found general, though not universal, agreement on

establishing subcategories based on size for this source category.

However, some of the comments encouraged the Agency to raise the HAP

emissions level of the controlled subcategory. The final standards

continue to group major source terminals into subcategories based on

HAP emissions; however, these subcategories were changed to terminals

with emissions of 10 tons per year or more of any single HAP or 25

[[Page 48395]]

tons per year or more of total HAP and terminals having HAP emissions

of less than 10 tons per year of all single HAP or less than 25 tons

per year of total HAP. The Agency based this decision on information

found in the comments received. Commenters noted that prior state

regulations generally (though not invariably) distinguished between

large tank vessel loading facilities that are responsible for the vast

majority of emissions and small tank vessel loading facilities that are

substantially less cost effective to regulate. (As discussed below, the

incremental cost effectiveness of moving from the 10/25 ton per year

distinction to the 1-ton delineation is between $80,000 and $112,000

per megagram, while the cost effectiveness of the 10/25 ton delineation

is between $14,500 and $24,000 per megagram.)

Though section 112 does not provide any language indicating the

criteria for subcategorization, section 112(d)(1) of the Act states

that EPA may distinguish among classes, types, and sizes of sources in

establishing standards. EPA believes that division of this source

category into two subcategories based on size is appropriate in this

instance. (See section 2.3.1 of the promulgation TSD for additional

discussion of the subcategories based on size.)

(6) Incorporation of minimum vapor pressure limit. The Agency

received several comments regarding HAP having low vapor pressures.

Most of these commenters stated that these low vapor pressure HAPs are

not presently controlled under existing State regulations and that the

control of these low vapor pressure compounds presents technical

challenges and imposes significantly greater costs to the affected

industry. The proposed rule enabled individual facilities to determine

which products to control to achieve the 93 percent mass limit.

Therefore, facilities would not have had to control low vapor pressure

liquids under the proposed rule if higher vapor pressure liquids were

available for control. Based on the comments received, the Agency

altered the format of the MACT standards to explicitly exempt low vapor

pressure liquids consistent with State requirements and recalculated

the control requirement for liquids above the vapor pressure limit.

Therefore, the MACT floor for existing sources is no control for

liquids having a vapor pressure below 1.5 psia and 97 percent control

for liquids having a vapor pressure 1.5 psia or greater. Because no low

vapor pressure liquids are required to be controlled at any of the

known existing sources, the MACT floor for new sources is also no

control for liquids having a vapor pressure below 1.5 psia and 98

percent control for liquids having a vapor pressure 1.5 psia or

greater. The format of the standard was changed to an efficiency format

to reflect the new approach.

The issue of cost effectiveness to control emission streams from

the loading of these low vapor pressure materials was also a realistic

concern of the commenters. As the MACT floor for regulation of such

activities is no control, EPA has discretion, based on section 112(d)'s

criteria used for going beyond the floor, to institute a vapor pressure

limit. Because of the high costs cited by commenters, the Agency

elected not to require controls more stringent than the MACT floor for

these low vapor pressure HAP. The Agency therefore selected a vapor

pressure limit of 1.5 psia for determining the HAP emissions reduction

for the final standards. Control of HAP having vapor pressures below

this limit is not required to meet the standards.

(7) Recalculation of the MACT floors. The MACT floors determined

for this final rulemaking are different than those in the proposed

rule. These final rule MACT floors reflect changes in the Agency's

regulation of marine tank vessel loading including: (1) The

establishment of subcategories for offshore terminals and the VMT

terminal; (2) the incorporation of a 1.5 psia minimum vapor pressure

limit instead of the weighted average as was proposed; and (3) the

increase of the levels of the subcategories based on size (i.e., HAP

emissions) from 1 ton per year to 10/25 tons per year. The MACT floors

for the final rule also reflect comments on the proposed rule. However,

the Agency has not changed the way in which the MACT floors for the

final rule have been calculated. With the exception of the MACT floor

for VMT, the MACT floors for existing and new sources in the marine

tank vessel loading source category are shown in Table 1.

Using the criteria established in section 112(d)(3) of the Act, and

after inclusion of information supplied in the public comments, the

MACT floors for existing source marine terminal subcategories subject

to regulation under Title III of the Clean Air Act were determined.

Additional information on the determination of these MACT floors is in

the docket (Docket Number A-90-44, Item Number IV-A-2). There are

approximately 44 major source terminals (not including the VMT) that

emit 10 tons per year or more of any one hazardous air pollutant (HAP)

or 25 tons per year or more of any combination of HAP. Twenty-three of

these terminals are controlled. The resulting MACT floor level of

control is a 97 percent reduction of HAP emissions. There are

approximately 1,435 terminals that emit less than 10 tons per year of

all individual HAP and less than 25 tons per year of combined HAP.

Seventy-nine of these terminals reduce emissions from marine tank

vessel loading. The resulting MACT floor level of control is no

reduction in HAP emissions. The Agency estimated that there are less

than 30 offshore terminals (i.e., loading terminals located 0.5 miles

or more from shore). The Agency is aware of only 2 controlled offshore

terminals. Therefore the resulting MACT floor level of control is no

reduction in HAP emissions. The VMT is presently uncontrolled. Since

this is the only terminal in the VMT source category, the MACT floor

level of control is no control.

The MACT floors for new source marine terminal subcategories

subject to regulation under Title III of the Act were also calculated

following the criteria in section 112(d)(3) of the Act. For new major

source onshore terminals (not including the VMT) regardless of the

marine tank vessel loading HAP emissions, the best performing source

achieves a 98 percent reduction of controlled emissions. Therefore, the

resulting MACT floor for these sources is 98 percent reduction of HAP

emissions. For new major source offshore terminals whose marine tank

vessel loading HAP emissions exceed the limits for a major source

(i.e., 10 tons of any one HAP, or 25 tons of total HAP), the best

controlled similar source achieves a 95 percent reduction of controlled

emissions. The resulting MACT floor for new offshore major sources is

therefore a 95 percent reduction in HAP emissions. Since the VMT

subcategory only contains a single source, and it is not possible for

an additional source to be added to this subcategory, no new source

MACT floor was calculated for the VMT subcategory.

(8) Incorporation of additional flexibility to the monitoring

requirements and compliance provisions. The proposed rule required

parametric monitoring or continuous emissions monitoring (CEM) as a

means of showing compliance with the standards. Any exceedance of the

parameters or concentration limits established during a performance

test would have resulted in a violation of the standard. Comments

indicated that this approach was too severe and warranted additional

flexibility. Although the Agency continues to believe that parametric

monitoring can be used to determine compliance given availability

[[Page 48396]]

of sufficient test data to establish the relationship between control

performance and associated parameters, in consideration of the lack of

test data establishing the relationship between marine tank vessel

loading emissions control efficiency and parametric monitoring and

because of the batch nature of marine tank vessel loading operations,

the Agency has thoroughly revised the monitoring requirements and

compliance provisions of the final rule. A requirement for an operation

and maintenance (O & M) plan has been added to the final regulation to

ensure proper operation of the air pollution control and monitoring

equipment. The O & M plan contains an inspection schedule for each

component of the control and monitoring equipment. The ``compliance''

language that appeared in Sec. 63.563 of the proposed rule has been

removed. In its place, the final rule contains provisions that require

an unscheduled inspection and corrective actions when operating

parameters exceed the applicable baseline parameters.

Flexibility has also been added to the methods for determining

baseline parameters. Owners or operators of a source required to reduce

emissions may establish baseline parameters during a performance test

or may choose to set the applicable baseline based on a manufacturer's

recommended baseline operating parameter.

Commenters on the proposed rule also requested that additional

operating parameters be added to the regulation and that sources be

allowed to apply for alternatives to the Administrator. Additional

operating parameters have been added to the final regulation for

several control devices. A cross reference to the general provisions

found in 40 CFR part 63 (containing requirements for establishing

alternative monitoring procedures) has been provided to assist sources

seeking approval of alternative monitoring procedures. Commenters also

requested that time intervals of the monitoring requirements be made

consistent for each of the operating parameters. In the final rule,

sources are required to monitor and record data points every 15 minutes

for each operating parameter.

D. Minor Changes

(1) Revisions to definitions and phrasing have been made to clarify

the regulation.

(2) Based on comments received and on changes to the monitoring and

compliance provision requirements, the reporting requirements have been

changed. Under today's final rule, the Agency is requiring the

following one-time reports as specified in the general provisions found

in 40 CFR part 63, subpart A: report of startup, construction or

modification; notification and report of emissions tests and results

and/or initial notification of compliance status; notification and

report of physical/operational changes; notification and report of

waiver applications; and an engineering report describing the vent

system used to vent each vent stream to a control device.

The final rule also requires owners or operators to submit yearly

summary reports and yearly reports of excess emissions and monitoring

system performance reports. However, in order to provide relief from

the reporting requirements to well-controlled sources while assuring

compliance with the standards, the Agency has provided that sources

whose exceedances have durations that total less than 5 percent of the

total reporting time for that reporting period and whose CMS downtime

for the reporting period is less than 10 percent of the total operating

time for that reporting period may submit only the summary report found

in 40 CFR part 63 subpart A instead of both the summary report and the

full excess emissions and continuous monitoring system performance

report found in Sec. 63.567(d)(2).

The final rule does not require quarterly reports of excess

emissions or monitoring parameter exceedances. The Agency agreed with

commenters that quarterly reporting did not add sufficient compliance

assurance to warrant the high costs associated with the quarterly

reporting. Quarterly reporting also did not agree with the revised

monitoring and compliance determination requirements found in the final

rule (see section 3(c)(5) of this preamble and section 2.6 of the

promulgation TSD for additional discussion of the revised monitoring

requirements contained in the final rule).

(3) Several commenters requested clarification of the general

provisions found in 40 CFR part 63 as they relate to this rule. A table

identifying the relationship of the final General Provisions

requirements has been added to the final regulation. Language similar

to that in the General Provisions has been added to subpart Y in cases

where a direct reference to the General Provisions was not appropriate.

(4) References to the proposed Performance Specifications 101 and

102 have been updated to incorporate the Agency's promulgation of

Performance Specifications 8 and 9.

E. Other Significant Issues

(1) Regulation Under Sections 183(f) and 112

The EPA proposed to regulate tank vessel loading operations under

both sections 183(f) and 112 of the Act. Some commenters suggested that

regulation under section 112 was inappropriate because section 183(f)

specifically provides for regulation of tank vessel loading operations,

whereas section 112 is a more general standard. On the other hand, one

commenter believed that regulation was more appropriate, at least for

certain facilities, under section 112.

The Agency believes that the best interpretation of the Clean Air

Act requires that standards be issued under both sections 183(f) and

112. The language of section 112 of the Act is clear. ``[T]he

Administrator shall publish * * * a list of all categories and

subcategories of major sources and area sources of [HAP].'' Clean Air

Act section 112(c)(1), 42 U.S.C. Sec. 7412(c)(1) [emphasis added].

Further, the Administrator ``shall promulgate regulations establishing

emission standards for each category or subcategory of major sources

and area sources of hazardous air pollutants listed for regulation

pursuant to subsection (c).'' Clean Air Act section 112(d)(1), 42

U.S.C. Sec. 7412(d)(1). The marine tank vessel loading operations

source category is clearly a category of major sources, as defined in

the Act. The Act is thus clear on its face that this source category

should be regulated under section 112.

The fact that two separate sections of the Act regulate the same

source category does not necessitate that one of the sections should be

ignored. In fact, unless the regulations promulgated under one section

would create an inescapable conflict with regulations promulgated under

the other section, both must be followed. The regulations promulgated

under section 112 are not in conflict with those promulgated under

section 183(f). EPA believes that any source regulated under both

sections would have no problem meeting the requirements of both

standards at the same time.

Congress often provides for regulation of sources under two

separate sections. The legislative history indicates that Congress was

well aware that sources could be subject to dual regulation under

section 112 and other sections of the Act. See page 167 of the Senate

Committee Report (Report 101-228). In addition, where Congress wanted

one section of the Clean Air Act to be exclusive of further regulation

under

[[Page 48397]]

section 112(d), they said so explicitly; see sections 129(h)(2),

112(d)(9). Thus, Congress could have added specific language to section

183(f) preventing the Agency from regulating this source category under

section 112; however, it did not do so.

In addition, neither the statute nor the legislative history

indicates that Congress intended EPA regulations under section 183(f)

to be the exclusive regulation of these sources. In fact, section

183(f) explicitly provides that states may regulate tank vessel loading

processes and, in fact, requires that any such regulations be as

stringent or more stringent than the Agency's regulations under section

183(f).

IV. Administrative Requirements

A. Docket

The Docket is an organized and complete file of all the information

considered by the EPA in the development of this rulemaking. The Docket

is a dynamic file, since material is added throughout the rulemaking

development. The docketing system allows members of the public and

industries to readily identify and locate documents so that they can

effectively participate in the rulemaking process. Along with the

statement of basis and purpose of the proposed and promulgated

standards and the EPA responses to significant comments, the contents

of the Docket will serve as the record in case of judicial review

[section 307(d)(7)(A)].

B. Paperwork Reduction Act

The information collection requirements in this rule have been

approved by the Office of Management and Budget (OMB) under the

provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., and

have been assigned OMB control number (2060-0289). An Information

Collection Request (ICR) document has been prepared by the EPA (ICR No.

1679.02) to reflect the changed information requirements of the final

rule.

This collection of information has an estimated burden per affected

facility of about 685 hours for the first year. In subsequent years,

the burden is approximately 280 hours per affected facility. These

burden estimates include time for reviewing instructions, searching

existing data sources, gathering and maintaining the data needed, and

completing and reviewing the collection of information.

Send comments regarding the burden estimate or any other aspect of

this collection of information, including suggestions for reducing this

burden to Director, Regulatory Information Division, EPA, 401 M St.,

S.W. (Mail Code 2136), Washington, DC 20460, and to the Office of

Information and Regulatory Affairs, Office of Management and Budget,

Washington, DC 20503, marked ``Attention: Desk Officer for EPA.''

C. Administrative Designation and Regulatory Analysis

Under Executive Order 12866 [58 FR 51735 (October 4, 1993)], the

EPA is required to judge whether a regulation is ``significant'' and

therefore subject to Office of Management and Budget (OMB) review and

the requirements of this Executive Order to prepare a regulatory impact

analysis (RIA). The Order defines ``significant regulatory action'' as

one that is likely to result in a rule that may: (1) Have an annual

effect on the economy of $100 million or more or adversely affect in a

material way the economy, a sector of the economy, productivity,

competition, jobs, the environment, public health or safety, or State,

local, or tribal governments or communities; (2) create a serious

inconsistency or otherwise interfere with an action taken or planned by

another agency; (3) materially alter the budgetary impact of

entitlements, grants, user fees, or loan programs, or the rights and

obligations of recipients thereof; or (4) raise novel legal or policy

issues arising from legal mandates, the President's priorities, or the

principles set forth in the Executive Order.

Pursuant to the terms of Executive Order 12866, it has been

determined that this rule is a ``significant regulatory action''

because it will have an annual effect on the economy of $100 million or

more. As such, this action was submitted to OMB for review. Changes

made in response to OMB suggestions or recommendations are documented

in the public record (see Docket A-90-44, Item Number IV-H-2).

D. Regulatory Flexibility Act

The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires the

EPA to consider potential impacts of proposed regulations on small

business ``entities,'' which are small businesses, small organizations,

and small governments. It is EPA's current policy to perform a

regulatory flexibility analysis whenever a regulation is anticipated to

adversely affect any small entities. An economic impact and regulatory

flexibility analysis for this regulation was performed and included

within the regulatory impact analysis that has been submitted to the

public docket (Docket Number A-90-44, Item Number IV-A-2).

The regulatory flexibility analysis identified two types of

businesses that could incur adverse economic impacts from this

standard, marine terminal operations and marine vessel operations. With

regard to marine terminal operations, only the very largest terminal

operations are expected to be affected by this standard. The decision

not to require controls at existing smaller operations greatly reduces

the potential for adverse economic impacts on small terminal

operations. Nevertheless, some of the smaller terminal operations that

will be affected by this regulation could be put under increased

competitive pressure as a result of this rule. Of these terminals,

however, it is expected that few or none are independently owned. The

rest are part of large integrated petroleum operations. The number of

small business terminal operations affected by this regulation is

expected to be minimal.

With regard to marine vessel operations, the economic impact

analysis considered the majority of these operations to be small

businesses. However, the number of vessel operations significantly

impacted from the proposed standard is not expected to be substantial.

Only a relatively small percentage of U.S. marine transported

throughput will be impacted by the standard. Excluding crude oil volume

shipped by large tankers from the VMT, no more than one-third of the

remaining U.S. marine transported throughput is expected be impacted by

the standard. It is expected that an even smaller percentage of U.S.

vessels will need to be retrofitted to accommodate the volume of

affected products. Only the largest and newest vessels (i.e., those

that will cost least to retrofit) will therefore need to be

retrofitted. Moreover, it is expected that vessel owners will be able

to pass forward most retrofit costs in the form of higher prices.

Vessels that cannot retrofit cost effectively and that cannot pass

through costs can be dedicated to transporting unregulated products.

Economic Impacts

The EPA performed an economic impact analysis of the regulatory

requirements in this regulation. Potential price, output, and

employment impacts for affected products and for the marine transport

industry were examined. Detailed results from the analysis are included

in the regulatory impact analysis for this rule that has been submitted

to the public docket.

[[Page 48398]]

Estimated maximum price increases for the affected products varied

but were not large (less than 1%). These price-increase estimates

reflect the control cost increases for transporting crude and products.

Because these increases are small and because the elasticities of

demand for petroleum products are small, estimated percent output

reductions were minimal. Correspondingly, estimated employment

reductions were also relatively small.

Potentially significant economic impacts on some of the smaller

affected terminal operations were identified, although the decision not

to require emission controls for existing smaller operations greatly

reduces the potential for adverse impacts on small terminal operations.

These potential impacts would result from the high per barrel control

cost differential between the smaller and larger terminal operations

that would need to control emissions. Some of these smaller terminal

operations, to the extent that they are competing with nearby larger or

unaffected terminal operations, could have had difficulty raising

prices sufficiently to cover cost increases and could have been

significantly and adversely impacted by this rule if the rule were

applicable to such operations.

The potential economic impact on marine vessel owners was

substantially reduced because of the decision not to require emission

controls for small terminals in this rulemaking. Because only a

relatively small percentage of U.S. marine transported volume of

products will be impacted by the standard, only a relatively small

percentage of U.S. marine vessels will need to retrofit. Thus only the

vessels that will cost least to retrofit (most likely the larger,

newer, double-skin vessels) will do so, leading to some degree of

dedicated service. Vessel owners that do retrofit probably will be able

to pass most retrofit costs forward in terms of higher prices.

E. Unfunded Mandates Act

Under section 202 of the Unfunded Mandates Reform Act of 1995

(Unfunded Mandates Act), signed into law on March 22, 1995, the EPA

must prepare a budgetary impact statement to accompany any proposed or

final rule that includes a Federal mandate that may result in estimated

costs to State, local, or tribal governments in the aggregate; or to

the private sector of $100 million or more. The budgetary impact

statement must include: (1) An identification of the Federal law under

which the rule is promulgated; (2) a qualitative and quantitative

assessment of anticipated costs and benefits of the Federal mandate and

an analysis of the extent to which such costs to State, local, and

tribal governments may be paid with Federal financial assistance; (3)

if feasible, estimates of the future compliance costs and any

disproportionate budgetary effects of the mandate; (4) if feasible,

estimates of the effect on the national economy; and (5) a description

of the Agency's prior consultation with elected representatives of

State, local, and tribal governments and a summary and evaluation of

the comments and concerns presented. Section 203 provides that if any

small governments may be significantly or uniquely impacted by the

rule, the Agency must establish a plan for obtaining input from and

informing, educating, and advising any such potentially affected small

governments.

Under section 205 of the Unfunded Mandates Act, the Agency must

identify and consider a reasonable number of regulatory alternatives

before promulgating a rule for which a budgetary impact statement must

be prepared. The Agency must select from those alternatives the least

costly, most cost-effective, or least burdensome alternative for State,

local, and tribal governments and the private sector, that achieves the

objectives of the rule, unless the Agency explains why this alternative

is not selected or unless the selection of this alternative is

inconsistent with law.

Because this final rule is estimated to result in the expenditure

by State, local, and tribal governments in aggregate or by the private

sector of $60 million to $100 million per year starting in 2000, EPA

has prepared a supplement to the Regulatory Impact Analysis (RIA) in

compliance with the Unfunded Mandates Act. The EPA summarizes that

supplement as follows:

This final rule is promulgated under section 112 and section 183(f)

of the Clean Air Act. The analysis in the RIA developed in preparation

of the proposed rule and revised in preparation of the final rule

contains the information to be considered in response to the

requirements of the Unfunded Mandates Act.

Total expenditures resulting from the final rule are estimated at

between $60 million and $100 million (of which less than $75,000 is by

State, local, and tribal governments) per year in 1997-2000; and

$550,000 (of which $38,000 is by State, local, and tribal governments)

per year starting in 2001. There are no federal funds available to

assist State, local, and tribal governments in meeting these costs.

There are important benefits from VOC and HAP emission reductions

because these compounds have significant, adverse impacts on human

health and welfare and on the environment. The rule does not have any

disproportionate budgetary effects on any particular region of the

nation, any State, local, or tribal government, or urban or rural or

other type of community. On the contrary, the rule will result in only

a minimal increase in the average product rates (less than 1 percent).

Moreover, the rule will not have a material effect on the national

economy.

Prior to issuing this rule, the EPA provided numerous opportunities

(e.g., National Air Pollution Control Techniques Advisory Committee

proceedings; public comment period; public hearing; meetings with

industry, trade associations, state and local air pollution

representatives; State, local, and tribal governments; and concerned

citizens) for consultation with interested parties. In general, State

and local environmental agencies advocated that EPA adopt more

stringent environmental controls. The Agency evaluated the comments and

concerns expressed, and the final rule reflects, to the extent

consistent with sections 112 and 183(f) of the Act, those comments and

concerns. While small governments are not significantly or uniquely

affected by the rule, these procedures, as well as additional public

conferences and meetings, gave small governments an opportunity to give

meaningful and timely input and obtain information, education, and

advice on compliance.

The Agency considered several regulatory options in developing the

rule. As discussed above, the Agency has found that regulation solely

under section 183(f) of the Act would not be consistent with the law.

The options selected in the final rule for all subcategories of sources

except the VMT subcategory are the least costly and least burdensome

alternatives currently available for achieving the objectives of

sections 112 and 183(f) of the Act. Regarding regulation of the VMT,

the Agency notes that the cost effectiveness of controlling VOC at this

terminal is approximately $1,050 per Mg and the cost effectiveness of

controlling HAP is approximately $8,000 per Mg. The Agency initially

received comments stating that the cost of controlling VOC at this

terminal is high relative to the benefits of controlling VOC at a

remote site in an Arctic ozone attainment area. Additionally, some

commenters initially stated that the benefits of controlling HAP would

not appear to justify the costs. However, the Agency has also

considered later comments from the

[[Page 48399]]

APSC, the State of Alaska, the Prince William Sound Regional Citizens

Advisory Committee (a local citizens group) and private citizens in

determining MACT/RACT for the VMT. These commenters agreed that a

Federal rule mandating control of the primary emissions at the APSC was

acceptable. After careful consideration of the costs, the environmental

impacts and the comments, the Agency decided that MACT for this

subcategory was control beyond the level of the MACT floor (see Docket

A-44-90, Item Number IV-B-2).

List of Subjects in 40 CFR Parts 9 and 63

Environmental protection, Air pollution control, Intergovernmental

relations, Reporting and recordkeeping requirements, Tank vessel

standards.

Dated: July 28, 1995.

Carol M. Browner,

Administrator.

For reasons set out in the preamble, title 40, chapter I of the

Code of Federal Regulations is amended as follows:

PART 9--[AMENDED]

1. The authority citation for part 9 continues to read as follows:

Authority: 7 U.S.C. 135 et seq., 135-136y; 15 U.S.C. 2001, 2003,

2005, 2006, 2601-2671; 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33

U.S.C. 1251 et seq., 1311, 1313d, 1314, 1321, 1326, 1330, 1344,

1345(d) and (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, 1971-1975

Comp. p. 973; 42 U.S.C. 241, 242b, 243, 246, 300f, 300g, 300g-1,

300g-2, 300g-3, 300g-4, 300g-5, 300g-6, 300j-1, 300j-2, 300j-3,

300j-4, 300j-9, 1857 et seq., 6901-6992k, 7401-7671q, 7542, 9601-

9657, 11023, 11048.

2. Section 9.1 is amended by adding a new entry to the table under

the indicated heading in numerical order to read as follows:

Sec. 9.1 OMB approvals under the Paperwork Reduction Act.

* * * * *

------------------------------------------------------------------------

40 CFR citation OMB control No.

------------------------------------------------------------------------

* * * *

* * *

National Emissions Standards for Hazardous Air

Pollutants for Source Categories.

* * * *

* * *

63.563-63.567....................................... 2060-0289

* * * *

* * *

------------------------------------------------------------------------

PART 63--[AMENDED]

1. The authority citation for part 63 continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

2. By adding a new subpart Y consisting of Secs. 63.560 through

63.567 to read as follows:

Subpart Y--National Emission Standards for Marine Tank Vessel Loading

Operations

Sec.

63.560 Applicability and designation of affected source.

63.561 Definitions.

63.562 Standards.

63.563 Compliance and performance testing.

63.564 Monitoring requirements.

63.565 Test methods and procedures.

63.566 Construction and reconstruction.

63.567 Recordkeeping and reporting requirements.

Subpart Y--National Emission Standards for Marine Tank Vessel Tank

Loading Operations

Sec. 63.560 Applicability and designation of affected source.

(a) Maximum achievable control technology (MACT) standards.

(1) The provisions of this subpart pertaining to the MACT standards

in Sec. 63.562(b) and (d) of this subpart are applicable to existing

and new sources with emissions of 10 or 25 tons, as that term is

defined in Sec. 63.561, except as specified in paragraph (d) of this

section, and are applicable to new sources with emissions less than 10

and 25 tons, as that term is defined in Sec. 63.561, except as

specified in paragraph (d) of this section.

(2) Existing sources with emissions less than 10 and 25 tons are

not subject to the emissions standards in Sec. 63.562(b) and (d).

(3) The recordkeeping requirements of Sec. 63.567(j)(4) and the

emission estimation requirements of Sec. 63.565(l) apply to existing

sources with emissions less than 10 and 25 tons.

(b) Reasonably available control technology (RACT) standards.

(1) The provisions of this subpart pertaining to RACT standards in

Sec. 63.562(c) and (d) of this subpart are applicable to sources with

throughput of 10 M barrels or 200 M barrels, as that term is defined in

Sec. 63.561, except as specified in paragraph (d) of this section.

(2) Sources with throughput less than 10 M barrels and 200 M

barrels, as that term is defined in Sec. 63.561, are not subject to the

emissions standards in Sec. 63.562(c) and (d).

(c) General Provisions applicability. Owners or operators of

affected sources, as that term is defined in Sec. 63.561, of this

subpart must comply with the requirements of subpart A of this part in

accordance with the provisions for applicability of subpart A to this

subpart in Table 1 of this section.

(d) Exemptions from MACT and RACT standards.

(1) This subpart does not apply to emissions resulting from marine

tank vessel loading operations, as that term is defined in Sec. 63.561,

of commodities with vapor pressures less than 10.3 kilopascals (kPa)

(1.5 pounds per square inch, absolute) (psia) at standard conditions,

20 deg.C and 760 millimeters Hg (mm Hg).

(2) The provisions of this subpart pertaining to the MACT standards

in Sec. 63.562(b)(2), (3) and (4) and to the RACT standards in

Sec. 63.562(c)(3) and (4) do not apply to marine tank vessel loading

operations where emissions are reduced by using a vapor balancing

system, as that term is defined in Sec. 63.561. The provisions

pertaining to the vapor collection system, ship-to-shore compatibility,

and vapor tightness of marine tank vessels in Sec. 63.562(b)(1) and

(c)(2) do apply.

(3) The provisions of this subpart pertaining to the MACT standards

in Sec. 63.562(b)(2), (3), and (4) do not apply to marine tank vessel

loading operations that are contiguous with refinery operations at

sources subject to and complying with subpart CC of this part, National

Emissions Standards for Organic Hazardous Air Pollutants from Petroleum

Refineries, except to the extent that any such provisions of this

subpart are made applicable by subpart CC of this part.

[[Page 48400]]

(4) The provisions of this subpart pertaining to the MACT standards

in Sec. 63.562(b) and (d) do not apply to benzene emissions from marine

tank vessel loading operations that are subject to and complying with

40 CFR part 61, subpart BB, National Emissions Standards for Benzene

Emissions from Benzene Transfer Operations, except that benzene

emissions or other HAP emissions (i.e., nonbenzene HAP emissions) from

marine tank vessel loading operations that are not subject to subpart

BB are subject to the provisions of this subpart.

(5) The provisions of this subpart pertaining to the MACT standards

in Sec. 63.562(b) and (d) do not apply to marine tank vessel loading

operations at loading berths that only transfer liquids containing

organic HAP as impurities, as that term is defined in Sec. 63.561.

(6) The provisions of this subpart do not apply to marine tank

vessel loading operations at existing offshore loading terminals, as

that term is defined in Sec. 63.561.

(7) The provisions of this subpart do not apply to ballasting

operations, as that term is defined in Sec. 63.561.

(e) Compliance dates.

(1) MACT standards compliance dates, except the Valdez Marine

Terminal (VMT) source.

(i) A new or existing source with emissions of 10 or 25 tons,

except the VMT source, and a new source with emissions less than 10 and

25 tons, except the VMT source, that has an initial startup date on or

before September 20, 1999 shall comply with the provisions of this

subpart pertaining to the MACT standards in Sec. 63.562(b) no later

than 4 years after the effective date.

(ii) A new source with emissions of 10 or 25 tons, except the VMT

source, and a new source with emissions less than 10 and 25 tons,

except the VMT source, that has an initial startup date after September

20, 1999 shall comply with provisions of this subpart pertaining to the

MACT standards in Sec. 63.562(b) immediately upon startup.

(iii) A source with emissions less than 10 and 25 tons that

increases its emissions subsequent to September 20, 1999 such that it

becomes a source with emissions of 10 or 25 tons shall comply with the

provisions of this subpart pertaining to the MACT standards in

Sec. 63.562(b) within 3 years following the exceedance of the threshold

level.

(2) RACT standards compliance dates, except the VMT source.

(i) A source with throughput of 10 M barrels or 200 M barrels,

except the VMT source, with an initial startup date on or before

September 21, 1998 shall comply with Sec. 63.562(c)(1) no later than 2

years after the effective date.

(ii) A source with throughput of 10 M barrels or 200 M barrels,

except the VMT source, with an initial startup date on or before

September 21, 1998 shall comply with the provisions of this subpart

pertaining to the RACT standards in Sec. 63.562(c) other than

Sec. 63.562(c)(1), no later than 3 years after the effective date.

(iii) A source with throughput of 10 M barrels or 200 M barrels,

except the VMT source, with an initial startup date after September 21,

1998 shall comply with the provisions of this subpart pertaining to the

RACT standards in Sec. 63.562(c) immediately upon startup.

(iv) A source with throughput less than 10 M barrels and 200 M

barrels that increases its throughput subsequent to September 21, 1998

such that it becomes a source with throughput of 10 M barrels or 200 M

barrels shall comply with the provisions of this subpart pertaining to

the RACT standards in Sec. 63.562(c) within 3 years following the

exceedance of the threshold levels.

(v) A source with throughput of 10 M barrels or 200 M barrels may

apply for approval from the Administrator for an extension of the

compliance date of up to 1 year if it can demonstrate that the

additional time is necessary for installation of the control device.

(3) MACT and RACT compliance dates for the VMT source.

The VMT source, as that term is defined in Sec. 63.561, shall

comply with the provisions of this subpart pertaining to the MACT and

RACT standards in Sec. 63.562(d) no later than 30 months after the

effective date.

Table 1 of Sec. 63.560.--General Provisions Applicability to Subpart Y

----------------------------------------------------------------------------------------------------------------

Applies to affected

Reference sources in subpart Y Comment

----------------------------------------------------------------------------------------------------------------

63.1(a)(1)............ Yes................. Additional terms are defined in Sec. 63.561; when overlap between

subparts A and Y occurs, subpart Y takes precedence.

63.1(a)(2)............ Yes ..................................................................

63.1(a)(3)............ Yes ..................................................................

63.1(a)(4)............ Yes................. Subpart Y clarifies the applicability of each paragraph in subpart

A to sources subject to subpart Y in this table.

.63.1(a)(5)........... No.................. Reserved.

63.1(a)(6)............ Yes ..................................................................

63.1(a)(7)............ Yes ..................................................................

63.1(a)(8)............ Yes ..................................................................

63.1(a)(9)............ No.................. Reserved.

63.1(a)(10)........... Yes ..................................................................

63.1(a)(11)........... Yes................. Sec. 63.567(a) also allows report submissions via facsimile and on

electronic media.

63.1(a)(12)........... Yes ..................................................................

63.1(a)(13)........... Yes ..................................................................

63.1(a)(14)........... Yes ..................................................................

63.1(b)(1)............ Yes ..................................................................

63.1(b)(2)............ Yes ..................................................................

63.1(b)(3)............ No.................. Sec. 63.560 specifies applicability.

63.1(c)(1)............ Yes................. Subpart Y clarifies the applicability of each paragraph in subpart

A to sources subject to subpart Y in this table.

63.1(c)(2)............ Yes................. Subpart Y is not applicable to area sources.

63.1(c)(3)............ No.................. Reserved.

63.1(c)(4)............ Yes ..................................................................

[[Page 48401]]

63.1(c)(5)............ No.................. Sec. 63.560 specifies applicability.

63.1(d)............... No.................. Reserved.

63.1(e)............... Yes ..................................................................

63.2.................. Yes................. Additional terms are defined in Sec. 63.561; when overlap between

subparts A and Y occurs, subpart Y takes precedence.

63.3.................. Yes................. Other units used in subpart Y are defined in the text of subpart

Y.

63.4(a)(1)............ Yes ..................................................................

63.4(a)(2)............ Yes ..................................................................

63.4(a)(3)............ Yes

63.4(a)(4)............ No.................. Reserved.

63.4(a)(5)............ Yes ..................................................................

63.4(b)............... Yes ..................................................................

63.4(c)............... Yes ..................................................................

63.5(a)............... Yes ..................................................................

63.5(b)(1)(i)......... Yes ..................................................................

63.5(b)(1)(ii)........ No ..................................................................

63.5(b)(2)............ No.................. Reserved.

63.5(b)(3)............ Yes ..................................................................

63.5(b)(4)-(5)........ No ..................................................................

63.5(b)(6)............ Yes ..................................................................

63.5(c)............... No.................. Reserved.

63.5(d)(1)(i)......... No.................. See Sec. 63.566(b)(2).

63.5(d)(1)(ii)(A)(H).. Yes ..................................................................

63.5(d)(1)(ii)(I)..... No.................. Reserved.

63.5(d)(1)(ii)(J)..... Yes ..................................................................

63.5(d)(1)(iii)....... Yes ..................................................................

63.5(d)(2)-(4)........ Yes ..................................................................

63.5(e)............... Yes ..................................................................

63.5(f)(1)(i) and (ii) Yes ..................................................................

63.5(f)(1)(iii) and No ..................................................................

(iv).

63.5(f)(2)............ No.................. See Sec. 63.566(c).

63.6(a)(1)............ Yes ..................................................................

63.6(a)(2)............ No.................. Sec. 63.560 specifies applicability.

63.6(b)(1)-(5)........ No.................. Sec. 63.560(e) specifies compliance dates for sources.

63.6(b)(6)............ No.................. Reserved.

63.6(b)(7)............ No.................. Sec. 63.560(e) specifies compliance dates for sources.

63.6(c)(1)............ No.................. Sec. 63.560(e) specifies compliance dates for sources.

63.6(c)(2)............ No ..................................................................

63.6(c)(3)-(4)........ No.................. Reserved.

63.6(c)(5)............ No.................. Sec. 63.560(e) specifies compliance dates for sources.

63.6(d)............... No.................. Reserved.

63.6(e)............... No.................. See Sec. 63.562(e).

63.6(f)(1)............ Yes ..................................................................

63.6(f)(2)(i)......... Yes ..................................................................

63.6(f)(2)(ii)........ No ..................................................................

63.6(f)(2)(iii)....... Yes ..................................................................

63.6(f)(2)(iv)........ Yes ..................................................................

63.6(f)(2)(v)......... No.................. See Sec. 63.562(e)(1).

63.6(f)(3)............ Yes ..................................................................

63.6(g)............... Yes ..................................................................

63.6(h)............... No.................. No opacity monitoring is required under subpart Y.

63.6(i)(1)-(3)........ Yes ..................................................................

63.6(i)(4)(i)(A)...... No ..................................................................

63.6(i)(4)(i)(B)...... Yes ..................................................................

63.6(i)(4)(ii)........ No ..................................................................

63.6(i)(5)-(12)....... Yes ..................................................................

63.6(i)(13)........... No ..................................................................

63.6(i)(14)........... Yes ..................................................................

63.6(i)(15)........... No.................. Reserved.

63.6(i)(16)........... Yes ..................................................................

63.6(j)............... Yes ..................................................................

63.7(a)(1)............ Yes ..................................................................

63.7(a)(2)(i)-(iv).... No.................. See Sec. 63.563(b)(1).

63.7(a)(2)(v)......... Yes ..................................................................

63.7(a)(2)(vi)........ No ..................................................................

63.7(a)(2)(vii)-(viii) No.................. Reserved.

63.7(a)(2)(ix)........ No ..................................................................

63.7(a)(3)............ Yes ..................................................................

[[Page 48402]]

63.7(b)............... Yes ..................................................................

63.7(c)(1)-(2)........ Yes................. The site-specific test plan must be submitted only if requested by

the Administrator.

63.7(c)(3)(i)-(ii)(A). Yes ..................................................................

63.7(c)(3)(ii)(B)..... No.................. See Sec. 63.565(m)(2).

63.7(c)(3)(iii)....... Yes ..................................................................

63.7(c)(4)............ Yes ..................................................................

63.7(d)............... Yes ..................................................................

63.7(e)............... Yes ..................................................................

63.7(f)............... Yes ..................................................................

63.7(g)(1)............ Yes ..................................................................

63.7(g)(2)............ No.................. Reserved.

63.7(g)(3)............ Yes ..................................................................

63.7(h)............... Yes ..................................................................

63.8(a)(1)-(2)........ Yes ..................................................................

63.8(a)(3)............ No.................. Reserved.

63.8(a)(4)............ Yes ..................................................................

63.8(b)(1)............ Yes ..................................................................

63.8(b)(2)............ No ..................................................................

63.8(b)(3)............ Yes ..................................................................

63.8(c)(1)(i)......... Yes ..................................................................

63.8(c)(1)(ii)........ No ..................................................................

63.8(c)(1)(iii)....... Yes ..................................................................

63.8(c)(2)............ Yes ..................................................................

63.8(c)(3)............ Yes ..................................................................

63.8(c)(4)............ No.................. See Sec. 63.564(a)(3).

63.8(c)(5)............ No ..................................................................

63.8(c)(6)............ Yes................. See also performance specifications for continuous monitoring

systems Sec. 63.564(a)(4).

63.8(c)(7)(i)(A)-(B).. Yes................. See also Sec. 63.564(a)(5).

63.8(c)(7)(i)(C)...... No ..................................................................

63.8(c)(7)(ii)........ Yes ..................................................................

63.8(c)(8)............ No.................. See Sec. 63.564(a)(5).

63.8(d)............... No.................. See Sec. 63.562(e)(2)(iv).

63.8(e)(1)-(4)........ Yes ..................................................................

63.8(e)(5)(i)......... Yes ..................................................................

63.8(e)(5)(ii)........ No ..................................................................

63.8(f)(1)............ Yes ..................................................................

63.8(f)(2)(i)-(vii)... Yes ..................................................................

63.8(f)(2)(viii)...... No ..................................................................

63.8(f)(2)(ix)........ Yes ..................................................................

63.8(f)(3)-(6)........ Yes ..................................................................

63.8(g)............... Yes ..................................................................

63.9(a)(1)............ Yes ..................................................................

63.9(a)(2)............ Yes ..................................................................

63.9(a)(3)............ Yes ..................................................................

63.9(a)(4)............ Yes ..................................................................

63.9(b)(1)(i)......... Yes ..................................................................

63.9(b)(1)(ii)........ No.................. See Sec. 63.567(b)(1)

63.9(b)(1)(iii)....... Yes

63.9(b)(2)............ No.................. See Sec. 63.567(b)(2).

63.9(b)(3)............ No.................. See Sec. 63.567(b)(3).

63.9(b)(4)............ No.................. See Sec. 63.567(b)(4).

63.9(b)(5)............ No.................. See Sec. 63.567(b)(4).

63.9(c)............... No.................. See Sec. 63.567(c).

63.9(d)............... No ..................................................................

63.9(e)............... Yes ..................................................................

63.9(f)............... No ..................................................................

63.9(g)(1)............ Yes ..................................................................

63.9(g)(2)............ No ..................................................................

63.9(g)(3)............ Yes ..................................................................

63.9(h)(1)-(3)........ Yes ..................................................................

63.9(h)(4)............ No.................. Reserved.

63.9(h)(5)-(6)........ Yes ..................................................................

63.9(i)............... Yes ..................................................................

63.9(j)............... Yes ..................................................................

63.10(a).............. Yes ..................................................................

63.10(b)(1)........... Yes ..................................................................

63.10(b)(2)(i)........ No ..................................................................

63.10(b)(2) (ii)-(iii) Yes ..................................................................

[[Page 48403]]

63.10(b)(2)(iv)....... No ..................................................................

63.10(b)(2)(v)........ No ..................................................................

63.10(b)(2)(vi)-(xiv). Yes ..................................................................

63.10(b)(3)........... No.................. See Sec. 63.567(j)(4).

63.10(c)(1)........... Yes ..................................................................

63.10(c)(2)-(4)....... No.................. Reserved.

63.10(c)(5)........... Yes ..................................................................

63.10(c)(6)........... No.................. See Sec. 63.564(a)(5).

63.10(c)(7)........... No ..................................................................

63.10(c)(8)........... Yes ..................................................................

63.10(c)(9)........... No.................. Reserved.

63.10(c)(10)-(13)..... Yes

63.10(c)(14).......... No.................. See Sec. 63.562(d)(2)(iv).

63.10(c)(15).......... No ..................................................................

63.10(d)(1)-(2)....... Yes ..................................................................

63.10(d)(3)........... No.................. See Sec. 63.567(d).

63.10(d)(4)........... Yes ..................................................................

63.10(d)(5)........... No ..................................................................

63.(10)(e)(1)......... Yes

63.10(e)(2)(i)........ Yes ..................................................................

63.10(e)(2)(ii)....... No ..................................................................

63.10(e)(3)(i)-(v).... No.................. See Sec. 63.567(e)

63.10(e)(3)(vi)....... Yes

63.10(e)(3)(vii)-(viii No.................. See Sec. 63.567(e)

).

63.10(e)(4)........... No

63.10(f).............. Yes

63.11................ Yes ..................................................................

63.12-63.15........... Yes ..................................................................

----------------------------------------------------------------------------------------------------------------

Sec. 63.561 Definitions.

As used in this subpart, all terms not defined herein shall have

the meaning given them in the Clean Air Act or in subpart A of this

part.

Affected source means a source with emissions of 10 or 25 tons, a

new source with emissions less than 10 and 25 tons, a new major source

offshore loading terminal, a source with throughput of 10 M barrels or

200 M barrels, or the VMT source, that is subject to the emissions

standards in Sec. 63.562.

Air pollution control device or control device means a combustion

device or vapor recovery device.

Ballasting operations means the introduction of ballast water into

a cargo tank of a tankship or oceangoing barge.

Baseline operating parameter means a minimum or maximum value of a

process parameter, established for a control device during a

performance test where the control device is meeting the required

emissions reduction or established as the manufacturer recommended

operating parameter, that, if achieved by itself or in combination with

one or more other operating parameters, determines if a control device

is operating properly.

Boiler means a device that combusts any fuel and produces steam or

heats water or any other heat transfer medium. This term includes any

duct burner that combusts fuel and is part of a combined cycle system.

Car-seal means a seal that is placed on a device used to change the

position of a valve (e.g., from open to closed) in such a way that the

position of the valve cannot be changed without breaking the seal.

Combustion device means all equipment, including, but not limited

to, thermal incinerators, catalytic incinerators, flares, boilers, and

process heaters used for combustion or destruction of organic vapors.

Commenced means, with respect to construction of an air pollution

control device, that an owner or operator has undertaken a continuous

program of construction or that an owner or operator has entered into a

contractual obligation to undertake and complete, within a reasonable

time, a continuous program of construction.

Commodity means a distinct product that a source loads onto marine

tank vessels.

Continuous means, with respect to monitoring, reading and recording

(either in hard copy or computer readable form) of data values measured

at least once every 15 minutes.

Crude oil means a naturally occurring mixture consisting

predominantly of hydrocarbons and/or sulfur, nitrogen, and oxygen

derivatives of hydrocarbons that is removed from the earth in a liquid

state or is capable of being so removed.

Exceedance or Variance means, with respect to parametric

monitoring, the operating parameter of the air pollution control device

that is monitored as an indication of proper operation of the control

device is outside the acceptable range or limits for the baseline

parameter given in Sec. 63.563(b)(4) through (9).

Excess emissions means, with respect to emissions monitoring, the

concentration of the outlet stream of the air pollution control device

is outside the acceptable range or limits for the baseline

concentration given in Sec. 63.563(b)(4) through (9).

Flow indicator means a device that indicates whether gas flow is

present in a line or vent system.

Gasoline means any petroleum distillate or petroleum distillate/

alcohol blend having a Reid vapor pressure of 27.6 kPa (4.0 psia) or

greater, that is used as a fuel for internal combustion engines.

Impurity means HAP substances that are present in a commodity or

that are produced in a process coincidentally with the primary product

or commodity and that are 0.5 percent total HAP by weight or less. An

impurity does not serve a useful purpose in the production

[[Page 48404]]

or use of the primary product or commodity and is not isolated.

Leak means a reading of 10,000 parts per million volume (ppmv) or

greater as methane that is determined using the test methods in Method

21, appendix A of part 60 of this chapter.

Lightering or Lightering operation means the offshore transfer of a

bulk liquid cargo from one marine tank vessel to another vessel.

Loading berth means the loading arms, pumps, meters, shutoff

valves, relief valves, and other piping and valves necessary to fill

marine tank vessels. The loading berth includes those items necessary

for an offshore loading terminal.

Loading cycle means the time period from the beginning of filling a

single marine tank vessel until commodity flow to the marine tank

vessel ceases.

Maintenance allowance means a period of time that an affected

source is allowed to perform maintenance on the loading berth without

controlling emissions from marine tank vessel loading operations.

Marine tank vessel loading operation means any operation under

which a commodity is bulk loaded onto a marine tank vessel from a

terminal, which may include the loading of multiple marine tank vessels

during one loading operation. Marine tank vessel loading operations do

not include refueling of marine tank vessels.

Marine vessel or Marine tank vessel means any tank ship or tank

barge that transports liquid product such as gasoline or crude oil in

bulk.

Nonvapor-tight means any marine tank vessel that does not pass the

required vapor-tightness test.

Offshore loading terminal means a location that has at least one

loading berth that is 0.81 km (0.5 miles) or more from the shore that

is used for mooring a marine tank vessel and loading liquids from

shore.

Primary fuel means the fuel that provides the principal heat input

to the device. To be considered primary, the fuel must be able to

sustain operation of the device without the addition of other fuels.

Process heater means a device that transfers heat liberated by

burning fuel to fluids contained in tubes, including all fluids except

water that are heated to produce steam.

Recovery device means an individual unit of equipment, including,

but not limited to, a carbon adsorber, condenser/refrigeration unit, or

absorber that is capable of and used for the purpose of removing vapors

and recovering liquids or chemicals.

Routine loading means, with respect to the VMT source, marine tank

vessel loading operations that occur as part of normal facility

operation over a loading berth when no loading berths are inoperable

due to maintenance.

Secondary fuel means any fuel other than the primary fuel. The

secondary fuel provides supplementary heat in addition to the heat

provided by the primary fuel and is generally fired through a burner

other than the primary burner.

Source(s) means any location where at least one dock or loading

berth is bulk loading onto marine tank vessels, except offshore

drilling platforms and lightering operations.

Source(s) with emissions less than 10 and 25 tons means major

source(s) having aggregate actual HAP emissions from marine tank vessel

loading operations at all loading berths as follows:

(1) Prior to the compliance date, of less than 9.1 Mg (10 tons) of

each individual HAP calculated on a 24-month annual average basis after

September 19, 1997 and less than 22.7 Mg (25 tons) of all HAP combined

calculated on a 24-month annual average basis after September 19, 1997,

as determined by emission estimation in Sec. 63.565(l) of this subpart;

and

(2) After the compliance date, of less than 9.1 Mg (10 tons) of

each individual HAP calculated annually after September 20, 1999 and

less than 22.7 Mg (25 tons) of all HAP combined calculated annually

after September 20, 1999, as determined by emission estimation in

Sec. 63.565(l) of this subpart.

Source(s) with emissions of 10 or 25 tons means major source(s)

having aggregate actual HAP emissions from marine tank vessels loading

operations at all loading berths as follows:

(1) Prior to the compliance date, emissions of 9.1 Mg (10 tons) or

more of each individual HAP calculated on a 24-month annual average

basis after September 19, 1997 or of 22.7 Mg (25 tons) or more of all

HAP combined calculated on a 24-month annual average basis after

September 19, 1997, as determined by emission estimation in

Sec. 63.565(l); or

(2) After the compliance date, emissions of 9.1 Mg (10 tons) or

more of each individual HAP calculated annually after September 20,

1999 or of 22.7 Mg (25 tons) or more of all HAP combined calculated

annually after September 20, 1999, as determined by emission estimation

in Sec. 63.565(l).

Source(s) with throughput less than 10 M barrels and 200 M barrels

means source(s) having aggregate loading from marine tank vessel

loading operations at all loading berths as follows:

(1) Prior to the compliance date, of less than 1.6 billion liters

(10 million (M) barrels) of gasoline on a 24-month annual average basis

and of less than 32 billion liters (200 M barrels) of crude oil on a

24-month annual average basis after September 19, 1996; and

(2) After the compliance date, of less than 1.6 billion liters (10

M barrels) of gasoline annually and of less than 32 billion liters (200

M barrels) of crude oil annually after September 21, 1998.

Source(s) with throughput of 10 M barrels or 200 M barrels means

source(s) having aggregate loading from marine tank vessel loading

operations at all loading berths as follows:

(1) Prior to the compliance date, of 1.6 billion liters (10 M

barrels) or more of gasoline on a 24-month annual average basis or of

32 billion liters (200 M barrels) or more of crude oil on a 24-month

annual average basis after September 19, 1996; or

(2) After the compliance date, of 1.6 billion liters (10 M barrels)

or more of gasoline annually or of 32 billion liters (200 M barrels) or

more of crude oil annually after September 21, 1998.

Terminal means all loading berths at any land or sea based

structure(s) that loads liquids in bulk onto marine tank vessels.

Twenty-four-month (24-month) annual average basis means annual HAP

emissions, with respect to MACT standards, or annual loading

throughput, with respect to RACT standards, from marine tank vessel

loading operations averaged over a 24-month period.

Valdez Marine Terminal (VMT) source means the major source that is

permitted under the Trans-Alaska Pipeline Authorization Act (TAPAA) (43

U.S.C. Sec. 1651 et seq.). The source is located in Valdez, Alaska in

Prince William Sound.

Vapor balancing system means a vapor collection system or piping

system that is designed to collect organic HAP vapors displaced from

marine tank vessels during marine tank vessel loading operations and

that is designed to route the collected organic HAP vapors to the

storage vessel from which the liquid being loaded originated or to

compress collected organic HAP vapors and commingle with the raw feed

of a process unit.

Vapor collection system means any equipment located at the source,

i.e., at the terminal, that is not open to the atmosphere, that is

composed of piping, connections, and flow inducing devices, and that is

used for containing and transporting vapors displaced during

[[Page 48405]]

the loading of marine tank vessels to a control device or for vapor

balancing. This does not include the vapor collection system that is

part of any marine vessel vapor collection manifold system.

Vapor-tight marine vessel means a marine tank vessel that has

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

tank vessel loaded at less than atmospheric pressure is assumed to be

vapor tight for the purpose of this standard.

Volatile organic compounds or VOC is as defined in 40 CFR 51.100(s)

of this chapter.

Sec. 63.562 Standards.

(a) The emissions limitations in paragraphs (b), (c), and (d) of

this section apply during marine tank vessel loading operations.

(b) MACT standards, except for the VMT source.

(1)(i) Vapor collection system of the terminal. The owner or

operator of a new source with emissions less than 10 and 25 tons and an

existing or new source with emissions of 10 or 25 tons shall equip each

terminal with a vapor collection system that is designed to collect HAP

vapors displaced from marine tank vessels during marine tank vessel

loading operations and to prevent HAP vapors collected at one loading

berth from passing through another loading berth to the atmosphere,

except for those commodities exempted under Sec. 63.560(d).

(ii) Ship-to-shore compatibility. The owner or operator of a new

source with emissions less than 10 and 25 tons and an existing or new

source with emissions of 10 or 25 tons shall limit marine tank vessel

loading operations to those vessels that are equipped with vapor

collection equipment that is compatible with the terminal's vapor

collection system, except for those commodities exempted under

Sec. 63.560(d).

(iii) Vapor tightness of marine vessels. The owner or operator of a

new source with emissions less than 10 and 25 tons and an existing or

new source with emissions of 10 or 25 tons shall limit marine tank

vessel loading operations to those vessels that are vapor tight and to

those vessels that are connected to the vapor collection system, except

for those commodities exempted under Sec. 63.560(d).

(2) MACT standards for existing sources with emissions of 10 or 25

tons. The owner or operator of an existing source with emissions of 10

or 25 tons, except offshore loading terminals and the VMT source, shall

reduce captured HAP emissions from marine tank vessel loading

operations by 97 weight-percent, as determined using methods in

Sec. 63.565 (d) and (l).

(3) MACT standards for new sources. The owner or operator of a new

source with emissions less than 10 and 25 tons or a new source with

emissions of 10 or 25 tons, except offshore loading terminals and the

VMT source, shall reduce HAP emissions from marine tank vessel loading

operations by 98 weight-percent, as determined using methods in

Sec. 63.565 (d) and (l).

(4) MACT standards for new major source offshore loading terminals.

The owner or operator of a new major source offshore loading terminal

shall reduce HAP emissions from marine tank vessel loading operations

by 95 weight-percent, as determined using methods in Sec. 63.565 (d)

and (l).

(5) Prevention of carbon adsorber emissions during regeneration.

The owner or operator of a source subject to paragraph (b)(2), (3), or

(4) shall prevent HAP emissions from escaping to the atmosphere from

the regeneration of the carbon bed when using a carbon adsorber to

control HAP emissions from marine tank vessel loading operations.

(6) Maintenance allowance for loading berths. The owner or operator

of a source subject to paragraph (b)(2), (3) or (4), may apply for

approval to the Administrator for a maintenance allowance for loading

berths based on a percent of annual throughput or annual marine tank

vessel loading operation time for commodities not exempted in

Sec. 63.560(d). The owner or operator shall maintain records for all

maintenance performed on the air pollution control equipment. The

Administrator will consider the following in approving the maintenance

allowance:

(i) The owner or operator expects to be in violation of the

emissions standards due to maintenance;

(ii) Due to conditions beyond the reasonable control of the owner

or operator, compliance with the emissions standards during maintenance

would result in unreasonable economic hardship;

(iii) The economic hardship cannot be justified by the resulting

air quality benefit;

(iv) The owner or operator has given due consideration to

curtailing marine vessel loading operations during maintenance;

(v) During the maintenance allowance, the owner or operator will

endeavor to reduce emissions from other loading berths that are

controlled as well as from the loading berth the owner or operator is

seeking the maintenance allowance; and

(vi) During the maintenance allowance, the owner or operator will

monitor and report emissions from the loading berth to which the

maintenance allowance applies.

(c) RACT standards, except the VMT source.

(1) Commencement of construction. The owner or operator of a source

with throughput of 10 M barrels or 200 M barrels, except the VMT

source, with an initial startup date on or before September 21, 1998

shall provide the Agency no later than 2 years after the effective date

with proof that it has commenced construction of its vapor collection

system and air pollution control device.

(2) (i) Vapor collection system of the terminal. The owner or

operator of a source with throughput of 10 M barrels or 200 M barrels

shall equip each terminal with a vapor collection system that is

designed to collect VOC vapors displaced from marine tank vessels

during loading and to prevent VOC vapors collected at one loading berth

from passing through another loading berth to the atmosphere, except

for those commodities exempted under Sec. 63.560(d).

(ii) Ship-to-shore compatibility. The owner or operator of a source

with throughput of 10 M barrels or 200 M barrels shall limit marine

tank vessel loading operations to those vessels that are equipped with

vapor collection equipment that is compatible with the terminal's vapor

collection system, except for those commodities exempted under

Sec. 63.560(d).

(iii) Vapor tightness of marine vessels. The owner or operator of a

source with throughput of 10 M barrels or 200 M barrels shall limit

marine tank vessel loading operations to those vessels that are vapor-

tight and to those vessels that are connected to the vapor collection

system, except for those commodities exempted under Sec. 63.560(d).

(3) RACT standard for sources with throughput of 10 M or 200 M

barrels, except the VMT source. The owner or operator of a source with

throughput of 10 M barrels or 200 M barrels, except the VMT source,

shall reduce captured VOC emissions from marine tank vessel loading

operations by 98 weight-percent when using a combustion device or

reduce captured VOC emissions by 95 weight-percent when using a

recovery device, as determined using methods in Sec. 63.565(d) and (l).

(4) The owner or operator of a source with throughput of 10 M

barrels or 200 M barrels, except the VMT source, may meet the

requirements of paragraph (c)(3) by reducing gasoline loading

[[Page 48406]]

emissions to, at most, 1,000 ppmv outlet VOC concentration.

(5) Prevention of carbon adsorber emissions during regeneration.

The owner or operator of a source with throughput of 10 M barrels or

200 M barrels shall prevent HAP emissions from escaping to the

atmosphere from the regeneration of the carbon bed when using a carbon

adsorber to control HAP emissions from marine tank vessel loading

operations.

(6) Maintenance allowance for loading berths. The owner or operator

of a source with throughput of 10 M barrels or 200 M barrels may apply

for approval to the Administrator for a maintenance allowance for

loading berths based on a percent of annual throughput or annual marine

tank vessel loading operation time for commodities not exempted in

Sec. 63.560(d). The owner or operator shall maintain records for all

maintenance performed on the air pollution control equipment. The

Administrator will consider the following in approving the maintenance

allowance:

(i) The owner or operator expects to be in violation of the

emissions standards due to maintenance;

(ii) Due to conditions beyond the reasonable control of the owner

or operator, compliance with the emissions standards during maintenance

would result in unreasonable economic hardship;

(iii) The economic hardship cannot be justified by the resulting

air quality benefit;

(iv) The owner or operator has given due consideration to

curtailing marine vessel loading operations during maintenance;

(v) During the maintenance allowance, the owner or operator will

endeavor to reduce emissions from other loading berths that are

controlled as well as from the loading berth the owner or operator is

seeking the maintenance allowance; and

(vi) During the maintenance allowance, the owner or operator will

monitor and report emissions from the loading berth to which the

maintenance allowance applies.

(d) MACT and RACT standards for the VMT source.

(1) (i) Vapor collection system of the terminal. The owner or

operator of the VMT source shall equip each terminal subject under

paragraph (d)(2) with a vapor collection system that is designed to

collect HAP vapors displaced from marine tank vessels during marine

tank vessel loading operations and to prevent HAP vapors collected at

one loading berth from passing through another loading berth to the

atmosphere, except for those commodities exempted under Sec. 63.560(d).

(ii) Ship-to-shore compatibility. The owner or operator of the VMT

source shall limit marine tank vessel loading operations at berths

subject under paragraph (d)(2) of this section to those vessels that

are equipped with vapor collection equipment that is compatible with

the terminal's vapor collection system, except for those commodities

exempted under Sec. 63.560(d).

(iii) Vapor tightness of marine vessels. The owner or operator of

the VMT source shall limit marine tank vessel loading operations at

berths subject under paragraph (d)(2) of this section to those vessels

that are vapor-tight and to those vessels that are connected to the

vapor collection system, except for those commodities exempted under

Sec. 63.560(d).

(2) The owner or operator of the VMT source shall reduce captured

HAP and VOC emissions by 98 weight-percent, as determined using methods

in Sec. 63.565(d) and (l) for loading berths subject under this

paragraph according to paragraphs (d)(2)(i), (ii), (iii), and (iv):

(i) The owner or operator of the VMT source shall equip at least

two loading berths and any additional berths indicated pursuant to

paragraph (d)(2)(iii) with a vapor collection system and air pollution

control device and shall load marine tank vessels over loading berths

equipped with a vapor collection system and control device to the

maximum extent practicable. The owner or operator shall equip all

loading berths that will be used for routine loading after March 19,

1998 with a vapor collection system and control device if the annual

average daily loading rate for all loading berths exceeds the limits in

paragraphs (d)(2)(i)(A), (B), and (C) of this section.

(A) For 1995, 1,630,000 barrels per day; and

(B) For 1996, 1,546,000 barrels per day; and

(C) For 1997, 1,445,000 barrels per day.

(ii) Maximum extent practicable means that the total annual average

daily loading over all loading berths not equipped with a vapor

collection system and control device shall not exceed the totals in

paragraphs (d)(2)(ii)(A) and (B):

(A) Loading allowances for marine tank vessel loading operations at

loading berths not equipped with control devices. The following maximum

annual average daily loading rate for routine loading at loading berths

not equipped with control devices in any of the following years shall

not exceed:

(a) For 1998, 275,000 barrels per day;

(b) For 1999, 205,000 barrels per day;

(c) For 2000, 118,000 barrels per day;

(d) For 2001, 39,000 barrels per day; and

(e) For 2002 and subsequent years, no marine tank vessel loading

operations shall be performed at berths not equipped with a vapor

collection system and control device, except as allowed for maintenance

under paragraph (B).

(B) Maintenance allowances for loading berths subject under

paragraph (d)(2)(i). Beginning in the year 2000, the owner or operator

of the VMT source may have a maximum of 40 calendar days per calendar

year use of loading berths not equipped with a vapor collection system

and control device, in accordance with the limits in paragraph

(d)(2)(ii)(B)(a), (b), or (c), to allow for maintenance of loading

berths subject to paragraph (d)(2)(i). Beginning in the year 2002, the

total annual average daily loading of crude oil over all loading berths

not equipped with a vapor collection system and control device shall

not exceed the amount stated in paragraph (d)(2)(ii)(B)(b). The 40 days

allowed for maintenance shall be converted into a compliance measure of

annual average daily loading over the loading berths not equipped with

a vapor collection system and control device as follows:

(a) If the total annual average daily volume of crude oil loaded at

the facility was greater than or equal to 1,100,000 barrels per day in

the prior calendar year, the maintenance allowance shall not exceed an

annual average daily loading of 60,000 barrels per day.

(b) If the total annual average daily volume of crude oil loaded at

the facility was less than 1,100,000 barrels per day and greater than

or equal to 550,000 barrels per day in the prior calendar year, the

maintenance allowance for the calendar year shall not exceed Qm:

[GRAPHIC][TIFF OMITTED]TR19SE95.000

Where:

Qm = maintenance allowance, barrels per day

P = prior calendar year's average daily volume of crude oil loaded at

the facility, barrels per day.

(c) If the total annual average daily volume of crude oil loaded at

the facility was less than 550,000 barrels per day in the prior

calendar year, there shall be no maintenance allowance.

(iii) If the average daily loading rate for the loading berths not

equipped with a vapor collection system and control device is greater

than the combined

[[Page 48407]]

amounts in any year listed in paragraphs (d)(2)(i)(A), (B), and (C) and

(d)(2)(ii)(A) and (B), then the owner or operator of the VMT source

shall equip all loading berths used for routine loading with a vapor

collection system and control device within 2 years of the exceedance

except that in an emergency situation the Administrator may, instead of

requiring controls, approve an alternative plan to reduce loading over

the unequipped berth(s) to a level which will ensure compliance with

the applicable limit. Beginning in the year 2002, the owner or operator

of the VMT source shall equip all uncontrolled loading berths used for

marine tank vessel loading operations beyond the maintenance allowance

in paragraph (d)(2)(ii)(B) with a vapor collection system and control

device.

(iv) The owner or operator of the VMT source shall develop a

program to communicate to relevant facility operations and marine

transportation personnel and engage their active and consistent

participation in honoring the intent and goal of minimizing loaded

volumes over the unequipped berths and maximizing the loaded volumes at

the berths equipped with a vapor collection system and control device

to prevent exceedance of the load volume limits in paragraphs

(d)(2)(ii)(A) and (B). This program is to be presented semi-annually

during the first year of compliance and annually thereafter until the

use of unequipped berths for routine loading is no longer required.

(3) The owner or operator of the VMT source shall submit annual

reports on or before January 31 of each year to the Administrator

certifying the annual average daily loading rate for the previous

calendar year. Beginning on January 31, 1996, for the reported year

1995, the annual report shall specify the annual average daily loading

rate over all loading berths. Beginning on January 31, 1999, for the

reported year 1998, the annual report shall specify the annual average

daily loading rate over all loading berths, over each loading berth

equipped with a vapor collection system and control device, and over

each loading berth not equipped with a vapor collection system and

control device. The annual average daily loading rate under this

section is calculated as the total amount of crude oil loaded during

the calendar year divided by 365 days or 366 days, as appropriate.

(e) Operation and maintenance requirements for air pollution

control equipment and monitoring equipment for affected sources. At all

times, including periods of startup, shutdown, and malfunction, owners

or operators of affected sources shall operate and maintain a source,

including associated air pollution control equipment, in a manner

consistent with safety and good air pollution control practices for

minimizing emissions. Determination of whether acceptable operation and

maintenance procedures are being used will be based on information

available to the Administrator which may include, but is not limited

to, monitoring results, review of operation and maintenance procedures,

review of operation and maintenance records, and inspection of the

source.

(1) The Administrator will determine compliance with design,

equipment, work practice, or operational emission standards by

evaluating an owner or operator's conformance with operation and

maintenance requirements.

(2) The owner or operator of an affected source shall develop and

implement a written operation and maintenance plan that describes in

detail a program of corrective action for varying (i.e., exceeding

baseline parameters) air pollution control equipment and monitoring

equipment, based on monitoring requirements in Sec. 63.564, used to

comply with these emissions standards. The plan shall also identify all

routine or otherwise predictable continuous monitoring system

(thermocouples, pressure transducers, continuous emissions monitors

(CEMS), etc.) variances.

(i) The plan shall specify procedures (preventive maintenance) to

be followed to ensure that pollution control equipment and monitoring

equipment functions properly and variances of the control equipment and

monitoring equipment are minimal.

(ii) The plan shall identify all operating parameters to be

monitored and recorded for the air pollution control device as

indicators of proper operation and shall establish the frequency at

which the parameters will be monitored (see Sec. 63.564).

(iii) Owners or operators of affected sources shall incorporate a

standardized inspection schedule for each component of the control

device used to comply with the emissions standards in Sec. 63.562(b),

(c), and (d). To satisfy the requirements of this paragraph, the owner

or operator may use the inspection schedule recommended by the vendor

of the control system or any other technical publication regarding the

operation of the control system.

(iv) Owners or operators shall develop and implement a continuous

monitoring system (CMS) quality control program. The owner or operator

shall develop and submit to the Administrator for approval upon request

a site-specific performance evaluation test plan for the CMS

performance evaluation required in Sec. 63.8(e) of subpart A of this

part. Each quality control program shall include, at a minimum, a

written protocol that describes procedures for initial and any

subsequent calibration of the CMS; determination and adjustment of the

calibration drift of the CMS; preventive maintenance of the CMS,

including spare parts inventory; data recording, calculations, and

reporting; and accuracy audit procedures, including sampling and

analysis methods. The owner or operation shall maintain records of the

procedures that are part of the quality control program developed and

implemented for CMS.

(3) Based on the results of the determination made under paragraph

(e)(2), the Administrator may require that an owner or operator of an

affected source make changes to the operation and maintenance plan for

that source. Revisions may be required if the plan:

(i) Does not address a variance of the air pollution control

equipment or monitoring equipment that has occurred that increases

emissions;

(ii) Fails to provide for operation during a variance of the air

pollution control equipment or the monitoring equipment in a manner

consistent with safety and good air pollution control practices; or

(iii) Does not provide adequate procedures for correcting a

variance of the air pollution control equipment or monitoring equipment

as soon as reasonable.

(4) If the operation and maintenance plan fails to address or

inadequately addresses a variance event at the time the plan was

initially developed, the owner or operator shall revise the operation

and maintenance plan within 45 working days after such an event occurs.

The revised plan shall include procedures for operating and maintaining

the air pollution control equipment or monitoring equipment during

similar variance events and a program for corrective action for such

events.

(5) The operation and maintenance plan shall be developed by the

source's compliance date. The owner or operator shall keep the written

operation and maintenance plan on record to be made available for

inspection, upon request, by the Administrator for the life of the

source. In addition, if the operation and maintenance plan is revised,

the owner or operator shall keep previous (i.e., superseded) versions

of the plan on record to be made available for inspection upon request

by the Administrator for a period of 5 years after each revision to the

plan.

[[Page 48408]]

(6) To satisfy the requirements of the operation and maintenance

plan, the owner or operator may use the source's standard operating

procedures (SOP) manual, an Occupational Safety and Health

Administration (OSHA) plan, or other existing plans provided the

alternative plans meet the requirements of this section and are made

available for inspection when requested by the Administrator.

Sec. 63.563 Compliance and performance testing.

(a) The following procedures shall be used to determine compliance

with the emissions limits under Sec. 63.562(b)(1), (c)(2), and (d)(1):

(1) Vent stream by-pass requirements for the terminal's vapor

collection system.

(i) In accordance with Sec. 63.562(b)(1)(i), (c)(2)(i), and

(d)(1)(i), each valve in the terminal's vapor collection system that

would route displaced vapors to the atmosphere, either directly or

indirectly, shall be secured closed during marine tank vessel loading

operations either by using a car-seal or a lock-and-key type

configuration, or the by-pass line from the valve shall be equipped

with a flow indicator, except for those valves used for pressure/vacuum

relief, analyzers, instrumentation devices, sampling, and venting for

maintenance. Marine tank vessel loading operations shall not be

performed with open by-pass lines.

(ii) Repairs shall be made to valves, car-seals, or closure

mechanisms no later than 15 days after a change in the position of the

valve or a break in the car-seal or closure mechanism is detected or no

later than prior to the next marine tank vessel loading operation,

whichever is later.

(2) Ship-to-shore compatibility of vapor collection systems.

Following the date on which the initial performance test is completed,

marine tank vessel loading operations must be performed only if the

marine tank vessel's vapor collection equipment is compatible to the

terminal's vapor collection system; marine tank vessel loading

operations must be performed only when the marine tank vessel's vapor

collection equipment is connected to the terminal's vapor collection

system, as required in Sec. 63.562(b)(1)(ii), (c)(2)(ii), and

(d)(1)(ii).

(3) Pressure/vacuum settings for the marine tank vessel's vapor

collection equipment. During the initial performance test required in

paragraph (b)(1) of this section, the owner or operator of an affected

source shall demonstrate compliance with operating pressure

requirements of 33 CFR 154.814 using the procedures in Sec. 63.565(b).

(4) Vapor-tightness requirements of the marine vessel. The owner or

operator of an affected source shall use the procedures in paragraph

(a)(4)(i), (ii), (iii), or (iv) of this section to ensure that marine

tank vessels are vapor tight, as required in Sec. 63.562(b)(1)(iii),

(c)(2)(iii), and (d)(1)(iii).

(i) Pressure test documentation for determining vapor tightness of

the marine vessel. The owner or operator of a marine tank vessel, who

loads commodities containing HAP not determined to be exempt under

Sec. 63.560(d) at an affected source, shall provide a copy of the

vapor-tightness pressure test documentation described in Sec. 63.567(i)

for each marine tank vessel prior to loading. The date of the test

listed in the documentation must be within the preceding 12 months, and

the test must be conducted in accordance with the procedures in

Sec. 63.565(c)(1). Following the date on which the initial performance

test is completed, the affected source must check vapor-tightness

pressure test documentation for marine tank vessels loaded at positive

pressure.

(ii) Leak test documentation for determining vapor tightness of the

marine vessel. If no documentation of the vapor tightness pressure test

as described in paragraph (a)(4)(i) of this section is available, the

owner or operator of a marine tank vessel, who loads commodities

containing HAP not determined to be exempt under Sec. 63.560(d) at an

affected source, shall provide the leak test documentation described in

Sec. 63.567(i) for each marine tank vessel prior to loading. The date

of the test listed in the documentation must be within the preceding 12

months, and the test must be conducted in accordance with the

procedures in Sec. 63.565(c)(2). If the marine tank vessel has failed

its most recent vapor-tightness leak test at that terminal, the owner

or operator of the non-vapor-tight marine tank vessel shall provide

documentation that the leaks detected during the previous vapor-

tightness test have been repaired and documented with a successful

vapor-tightness leak test described in Sec. 63.565(c)(2) conducted

during loading. If the owner or operator of the marine tank vessel can

document that repair is technically infeasible without cleaning and gas

freeing or dry-docking the vessel, the owner or operator of the

affected source may load the marine tank vessel. Following the date on

which the initial performance test is completed, an affected source

must check the vapor-tightness leak test documentation for marine tank

vessels loaded at positive pressure.

(iii) Leak test performed during loading using Method 21 for

determining vapor tightness of the marine vessel. If no documentation

of vapor tightness as described in paragraphs (a)(4)(i) or (ii) of this

section is available, the owner or operator of a marine tank vessel,

who loads commodities containing HAP not determined to be exempt under

Sec. 63.560(d) at an affected source, shall perform a leak test of the

marine tank vessel during marine tank vessel loading operation using

the procedures described in Sec. 63.565(c)(2).

(A) If no leak is detected, the owner or operator of a marine tank

vessel shall complete the documentation described in Sec. 63.567(i)

prior to departure of the vessel.

(B) If a leak is detected, the owner or operator of the marine tank

vessel shall document the vapor-tightness failure for the marine tank

vessel prior to departure of the vessel. The leaking component shall be

repaired prior to the next marine tank vessel loading operation at a

controlled terminal unless the repair is technically infeasible without

cleaning and gas freeing or dry-docking the vessel. If the owner or

operator of the vessel provides documentation that repair of such

equipment is technically infeasible without cleaning and gas freeing or

dry-docking the vessel, the equipment responsible for the leak will be

excluded from future Method 21 tests until repairs are effected. A copy

of this documentation shall be maintained by the owner or operator of

the affected source. Repair of the equipment responsible for the leak

shall occur the next time the vessel is cleaned and gas freed or dry-

docked. For repairs that are technically feasible without dry-docking

the vessel, the owner or operator of the affected source shall not load

the vessel again unless the marine tank vessel owner or operator can

document that the equipment responsible for the leak has been repaired.

(iv) Negative pressure loading. The owner or operator of an

affected source shall ensure that a marine tank vessel is loaded with

the product tank below atmospheric pressure (i.e., at negative gauge

pressure). The pressure shall be measured between the facility's vapor

connection and its manual isolation valve, and the measured pressure

must be below atmospheric pressure. Following the date on which the

initial performance test is completed, marine tank vessel loading

operations for nonvapor-tight vessels must be performed below

atmospheric pressure

[[Page 48409]]

(i.e., at negative gauge pressure) in the product tank.

(b) Compliance determination for affected sources. The following

procedures shall be used to determine compliance with the emissions

limits under Sec. 63.562(b), (c), and (d).

(1) Initial performance test. An initial performance test shall be

conducted using the procedures listed in Sec. 63.7 of subpart A of this

part according to the applicability in Table 1 of Sec. 63.560, the

procedures listed in this section, and the test methods listed in

Sec. 63.565. The initial performance test shall be conducted within 180

days after the compliance date for the specific affected source. During

this performance test, sources subject to MACT standards under

Sec. 63.562(b)(2), (3), (4), and (5) and (d)(2) shall determine the

reduction of HAP emissions, as VOC, for all combustion or recovery

devices other than flares. Sources subject to RACT standards under

Sec. 63.562(c)(3), (4), and (5) and (d)(2) shall determine the

reduction of VOC emissions for all combustion or recovery devices other

than flares.

(2) Performance test exemptions. An initial performance test

required in this section and in Sec. 63.565(d) and the continuous

monitoring in Sec. 63.564(e) is not required in the following cases:

(i) When a boiler or process heater with a design heat input

capacity of 44 Megawatts or less is used to comply with

Sec. 63.562(b)(2), (3), or (4), (c)(3) or (4), or (d)(2) and the vent

stream is used as the primary fuel or with the primary fuel;

(ii) When a boiler or process heater with a design heat input

capacity of 44 Megawatts or greater is used to comply with

Sec. 63.562(b)(2), (3) or (4), (c)(3) or (4), or (d)(2); or

(iii) When a boiler subject to 40 CFR part 266, subpart H,

``Hazardous Waste Burned in Industrial Furnaces,'' that has

demonstrated 99.99 percent destruction or recovery efficiency is used

to comply with Sec. 63.562(b)(2), (3), or (4), (c)(3) or (4), or

(d)(2).

(3) Operation and maintenance inspections. If the 3-hour or 3-cycle

block average operating parameters in paragraphs (b)(4) through (9) of

this section, outside the acceptable operating ranges, are measured and

recorded, i.e., variances of the pollution control device or monitoring

equipment, the owner or operator of the affected source shall perform

an unscheduled inspection of the control device and monitoring

equipment and review of the parameter monitoring data. The owner or

operator of the affected source shall perform an inspection and review

when total parameter variance time for the control device is greater

than 10 percent of the operating time for marine tank vessel loading

operations on a 30-day, rolling-average basis. The inspection and

review shall be conducted within 24 hours after passing the allowable

variance time of 10 percent. The inspection checklist from the

requirements of Sec. 63.562(e)(2)(iii) and the monitoring data from

requirements in Secs. 63.562(e)(2)(ii) and 63.564 should be used to

identify any maintenance problems that may be associated with the

variance. The unscheduled inspection should encompass all components of

the control device and monitoring equipment that can be inspected while

in operation. If any maintenance problem is identified during the

inspection, the owner or operator of the affected source must take

corrective action (e.g., adjustments to operating controls, etc.) as

soon as practicable. If no immediate maintenance problems are

identified from the inspection performed while the equipment is

operating, a complete inspection in accordance with Sec. 63.562(e)(2)

must be conducted prior to the next marine tank vessel loading

operation and corrective action (e.g., replacement of defective parts)

must be taken as soon as practicable for any maintenance problem

identified during the complete inspection.

(4) Combustion device, except flare. During the initial performance

test required in paragraph (b)(1) of this section, the owner or

operator shall determine the efficiency of and/or the outlet VOC

concentration from the combustion device used to comply with

Sec. 63.562(b)(2), (3), and (4), (c)(3) and (4), and (d)(2) using the

test methods in Sec. 63.565(d). The owner or operator shall comply with

paragraph (b)(4)(i) or (ii) of this section.

(i) Outlet VOC concentration limit for required percent combustion

efficiency. The owner or operator shall establish as an operating

parameter the baseline VOC concentration using the procedures described

in Sec. 63.565(g). Following the date on which the initial performance

test is completed, the facility shall be operated with a block average

outlet VOC concentration as determined in Sec. 63.564(e)(1) no more

than 20 percent above the baseline VOC concentration.

(ii) Baseline temperature for required percent combustion

efficiency. The owner or operator shall establish as an operating

parameter the baseline temperature using the procedures described in

Sec. 63.565(f). Following the date on which the initial performance

test is completed, the facility shall be operated with the block

average temperature as determined in Sec. 63.564(e)(2) or (3) no more

than 28 deg.C (50 deg.F) below the baseline temperature.

(5) Flare. During the initial performance test required in

paragraph (b)(1) of this section, the owner or operator shall establish

that the flare used to comply with the emissions standards in

Sec. 63.562(b)(2), (3), and (4), (c)(3) and (4), and (d)(2) is in

compliance with the design requirements for flares cited in

Sec. 63.565(e). Following the date on which the initial determination

of compliance is established, the facility shall operate with the

presence of a pilot flame in the flare, as determined in

Sec. 63.564(f).

(6) Carbon adsorber. During the initial performance test required

in paragraph (b)(1) of this section, the owner or operator shall

determine the efficiency of and/or the outlet VOC concentration from

the recovery device used to comply with Sec. 63.562(b)(2), (3), (4),

and (5), (c)(3), (4), and (5), and (d)(2) using the test methods in

Sec. 63.565(d). The owner or operator shall comply with paragraph

(b)(6)(i) as well as either paragraph (b)(6)(ii) or (iii) of this

section. The owner or operator of affected sources complying with

paragraph (b)(6)(ii)(B) or (C) of this section shall conduct a

performance test once each year.

(i) Compliance determination for carbon bed regeneration. Desorbed

hydrocarbons from regeneration of the off-line carbon bed shall be

vented to the on-line carbon bed.

(ii) Baseline parameters for required percent recovery efficiency.

The owner or operator shall comply with paragraph (b)(6)(ii)(A), (B),

or (C) of this section.

(A) Outlet VOC concentration limit for required percent recovery

efficiency. The owner or operator shall establish as an operating

parameter the baseline VOC concentration using the procedures described

in Sec. 63.565(g). Following the date on which the initial performance

test is completed, the facility shall be operated with a block average

outlet VOC concentration as determined in Sec. 63.564(g)(1) no more

than 20 percent above the baseline VOC concentration.

(B) Carbon adsorbers with vacuum regeneration. The owner or

operator shall establish as operating parameters the baseline

regeneration time for the vacuum stage of carbon bed regeneration using

the procedures described in Sec. 63.565(h) and shall establish the

baseline vacuum pressure (negative gauge pressure) using the procedures

described in Sec. 63.565(i). Following the date on which the initial

performance test is completed, the facility shall be operated with

block average regeneration time of the vacuum

[[Page 48410]]

stage of carbon bed regeneration as determined in Sec. 63.564(g)(2) no

more than 20 percent below the baseline regeneration time, and the

facility shall be operated with the block average vacuum pressure

(negative gauge pressure) as determined in Sec. 63.564(g)(2) no more

than 20 percent above the baseline vacuum pressure.

(C) Carbon adsorbers with steam regeneration. The owner or operator

shall establish as operating parameters the baseline total stream flow

using the procedures described in Sec. 63.565(j) and a baseline carbon

bed temperature after cooling of the bed using the procedures in

Sec. 63.565(f)(2). Following the date on which the initial performance

test is completed, the facility shall be operated with the total stream

flow, as determined in Sec. 63.564(g)(3), no more than 20 percent below

the baseline stream flow and with the carbon bed temperature (measured

within 15 minutes after completion of the cooling cycle), as determined

in Sec. 63.564(g)(3), no more than 10 percent or 5.6 deg.C (10 deg.F)

above the baseline carbon bed temperature, whichever is less stringent.

(iii) Outlet VOC concentration of 1,000 ppmv for gasoline loading.

Following the date on which the initial performance test is completed,

the facility shall operate with a block average outlet VOC

concentration as determined in Sec. 63.564(g)(1) of no more than 1,200

ppmv VOC.

(7) Condenser/refrigeration unit. During the initial performance

test required in paragraph (b)(1) of this section, the owner or

operator shall determine the efficiency of and/or the outlet VOC

concentration from the recovery device used to comply with

Sec. 63.562(b)(2), (3), and (4), (c)(3) and (4), and (d)(2) using the

test methods in Sec. 63.565(d). The owner or operator shall comply with

either paragraph (b)(7)(i), (ii), or (iii) of this section.

(i) VOC outlet concentration limit for required percent recovery

efficiency. The owner or operator shall establish as an operating

parameter the baseline VOC concentration using the procedures described

in Sec. 63.565(g). Following the date on which the initial performance

test is completed, the facility shall be operated with a block average

outlet VOC concentration as determined in Sec. 63.564(h)(2) no more

than 20 percent above the baseline VOC concentration.

(ii) Baseline temperature for required percent recovery efficiency.

The owner or operator shall establish as an operating parameter the

baseline temperature using the procedures described in Sec. 63.565(f).

Following the date on which the initial performance test is completed,

the facility shall operate with a block average temperature, as

determined in Sec. 63.564(h)(1), no more than 28 deg.C (50 deg.F) above

the baseline temperature.

(iii) Baseline parameters for 1,000 ppmv VOC concentration limit

for gasoline loading. The owner or operator shall monitor either the

outlet VOC concentration or the outlet temperature of the unit. For

sources monitoring temperature, the owner or operator shall establish

as an operating parameter the baseline temperature using the procedures

described in Sec. 63.565(f). Following the date on which the initial

performance test is completed, the facility shall operate with a block

average outlet VOC concentration, as determined in Sec. 63.564(h)(2),

of no more than 1,200 ppmv VOC or with a block average temperature, as

determined in Sec. 63.564(h)(1), no more than 28 deg.C (50 deg.F) above

the baseline temperature.

(8) Absorber. During the initial performance test required in

paragraph (b)(1) of this section, the owner or operator shall determine

the efficiency of the absorber and/or the outlet VOC concentration from

the recovery device used to comply with Sec. 63.562(b)(2), (3), and

(4), (c)(3) and (4), and (d)(2) using the test methods in

Sec. 63.565(d). The owner or operator shall comply with either

paragraph (b)(8)(i) or (ii) of this section.

(i) VOC outlet concentration limit for required percent recovery

efficiency. The owner or operator shall establish as an operating

parameter the baseline VO

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