C.M.R. 06, 096, ch. 112
SUMMARY: This regulation requires bulk gasoline terminals loading tank trucks or trailers and who dispense 20,000 gallons or more of gasoline per day to install a vapor control system and requires tank truck tightness certification. This system must control gasoline vapors so that not more than 35 milligrams of vapor escapes for each liter of gasoline transferred. Two federal regulations, requiring controls on marine vessel loading operations and gasoline distribution using maximum achievable control technology (MACT), are incorporated by reference.
BASIS STATEMENT
Gasoline is a hydrocarbon vapor that aids the formation of ozone in the atmosphere. It is necessary to control such hydrocarbon vapors present in the atmosphere, because Maine is violating the federal ozone ambient air quality standard. This regulation controls the maximum amount of gasoline emission so to reduce the ozone formed.
BASIS STATEMENT FOR AMENDMENT OF OCTOBER 14, 1981
Public Law 1981, Chapter 441, authorized the Board of Environmental Protection with the consent of the United States Environmental Protection Agency to modify the compliance schedule of 38 M.R.S.A., Section610, "as the public interest requires to afford equitable treatment to bulk gasoline terminals in the Central Maine and Downeast Air Quality Control Regions." Upon Petition for Rulemaking by Irving Oil Corporation of Searsport the Board concluded that Regulation, Chapter 112 does not apply in Searsport because imposing expensive emission controls on Irving is inequitable as long as nearby terminals in the Downeast Air Quality Control Region with which the Searsport terminal competes are not equipped with VOC controls.
BASIS STATEMENT FOR AMENDMENT OF JUNE 26, 1986
The United States Environmental Protection Agency promulgated test methods and procedures for volatile organic compound emissions from bulk gasoline terminals. This regulation change updates the emission testing procedure provisions of this regulation to the federally approved method.
BASIS STATEMENT FOR AMENDMENT OF AUGUST 10, 1988
This amendment expanded the scope of the regulation to include all Ambient Air Quality Control Regions. Uncontrolled gasoline storage terminals in Downeast and Central Maine Air Quality Control Regions have been estimated as emitting over 800 tons of hydrocarbons annually. The use of floating roofs and vapor control systems (Chapters 111 and 112) for bulk gasoline terminals is considered Best Practical Treatment and will reduce emissions by about 94 percent.
BASIS STATEMENT FOR AMENDMENT OF SEPTEMBER 27, 1989
This amendment corrected certain minor deficiencies identified by the U.S. Environmental Protection Agency in the State Implementation Plan (SIP) and for consistency with State statute. The U.S. Environmental Protection Agency commented that there should be no cut-off exemption of 3500 gallons for tank trucks as the original SIP includes all tank trucks. The Department believes the 3500 gallon capacity cut-off is appropriate. There are only a minimum number of trucks under the 3500 gallon capacity which pick up gasoline at the bulk gasoline terminals. Therefore the environmental impact is deemed insignificant.
BASIS STATEMENT FOR AMENDMENT OF SEPTEMBER 26, 1990
During the 114th Session of the Maine Legislature, the Board of Environmental Protection was given the authority under 38 M.R.S.A.585585-A to establish and amend emission standards and regulations to implement ambient air quality standards and emission standards. This rule was amended to reflect the new authority under statute. No request for public hearing nor comments were received on the reauthorization.
BASIS STATEMENT FOR AMENDMENT OF MAY 22, 1991
This amendment corrected certain minor deficiencies identified by the Environmental Protection Agency in the State Implementation Plan (SIP). The U. S. Environmental Protection Agency commented that since the State has opted to retain the tank truck cutoff exemption of 3500 gallons or less, a demonstration must be made to show that those trucks account for less than 0.8 percent of the gasoline throughput in the State. A survey was conducted that sufficiently met that criteria. The U. S. EPA also commented that the "tank truck" definition need clarification that the exemption applied to trucks with a total truck capacity of less than 3500 gallons and that after this date any additional trucks added to the fleet not be exempted from VOC Control requirements.
Finally, the EPA had identified a problem with the effective dates that caused confusion over control requirements at certain facilities, which was corrected in this amendment.
BASIS STATEMENT FOR AMENDMENT OF JUNE 22, 1994
This amendment removes the definitions bulk gasoline terminal, gasoline, tank truck, and vapor control system from this chapter and relocates them to Chapter 100, Definitions since these apply to more than just Chapter 112.
In addition to the Basis Statement above, the Department has filed with the Secretary of State its responses to comments received during the public comment period.
BASIS STATEMENT FOR AMENDMENT OF JULY 19, 1995
This amendment lowers allowable emissions of VOCs from 80 milligrams per liter to 35 milligrams per liter as a control strategy in Maine's 15% Reasonable Further Progress plan. Only one terminal operator presented testimony in opposition to this new emission limit. In response to concerns regarding the compliance deadline the Department moved the deadline back to August 31, 1996. Several other minor changes were enacted to clarify provisions of the rule.
BASIS STATEMENT FOR AMENDMENT OF JANUARY 28, 1998
The 1990 Clean Air Act Amendments require EPA to promulgate regulations establishing emission standards for each category or subcategory of major sources and area sources of hazardous air pollutants. These emission standards require maximum achievable control technology (MACT) for the reduction of hazardous air pollutant emissions. EPA has promulgated National Emission Standards for Hazardous Air Pollutants to control gasoline distribution sources and marine vessel loading operations. These two federal rules are incorporated by reference in this Chapter. The gasoline distribution standard requires emissions from the vapor collection and processing systems due to the loading of gasoline cargo tanks be limited to 10 milligrams of total organic compound per liter of gasoline loaded. The federal rules will reduce volatile organic compounds (VOC) and emissions of about 10 air toxics, including benzene and toluene.
C.M.R. 06, 096, ch. 112
Amended: December 26, 1981
Amended: June 26, 1986
Amended: September 21, 1988
Amended: October 3, 1989
Amended: November 3, 1990
Amended: June 9, 1991
Amended: July 11, 1994
Amended: July 25, 1995
EFFECTIVE DATE (ELECTRONIC CONVERSION): May 8, 1996
Amended: February 22, 1998
AUTHORITY: 38 M.R.S.A., Section585 , 585-A