N.J. Admin. Code § 7:27-16.4

Current through Register Vol. 56, No. 19, October 7, 2024

Section 7:27-16.4 - VOC transfer operations, other than gasoline

(a) On and after July 26, 1994, the provisions of this section shall apply to any transfer of an applicable VOC, except:

1. The transfer of gasoline. Gasoline transfer operations are subject to the provisions of 7:27-16.3; and

2. The loading of applicable VOC as cargo into a marine tank vessel. Marine tank vessel loading operations occurring in New Jersey or in New Jersey's coastal waters are subject to the provisions of 7:27-16.5.

(b) No person shall cause, suffer, allow or permit the transfer of any applicable VOC into any receiving vessel having a maximum capacity of 2,000 gallons (7,570 liters) or greater unless such transfer is made through a submerged fill pipe or by other means approved by the Department as being equally or more effective in preventing the emission of any VOC into the outdoor atmosphere during transfer. Such submerged fill pipe shall be permanently affixed to any underground storage tank of 2,000 gallons (7,570 liters) or greater total capacity into which the VOC is transferred. This subsection shall not apply to a transfer to a manufacturing process vessel installed before December 17, 1979.

(c) On and after May 31, 1995, no person shall cause, suffer, allow, or permit the transfer of any applicable VOC from a delivery vessel into any stationary storage tank having a maximum capacity of 2,000 gallons (7,570 liters) or greater and having a total calculated annual emission rate over 1,000 pounds of applicable VOC as determined pursuant to (d) below unless the storage tank is equipped with and operating one of the following control apparatus:

1. A vapor control apparatus which reduces by no less than 90 percent the concentration of applicable VOC in the air-vapor mixture displaced during the transfer of applicable VOC;

2. A floating roof; or

3. A vapor balance system with:

i. All atmospheric vents positively closed during transfer;

ii. A conservation vent adjusted to remain closed during transfer; or

iii. A hole of 1/4 inch (6.4 millimeters) or less in diameter in the cap on the atmospheric vent.

(d) For the purposes of (c) above, the total calculated annual emission rate for each tank shall be determined in accordance with the following procedure:

1. Calculate the emission factor for each applicable VOC as follows:

EF = 0.000024 x VP x MW

Where:

EF = the emission factor for each applicable VOC being transferred (lb/gal);

VP = the vapor pressure (psia) of each applicable VOC. If the VOC is heated, this term is the vapor pressure of the VOC at the temperature at the point of transfer; if the VOC is not heated, this term is the vapor pressure of the VOC at standard conditions;

MW = the molecular weight of the applicable VOC (lb/lb-mole); and

0.000024 = a constant to convert units;

2. Determine the calculated annual emission rate by multiplying each emission factor calculated in (d)1 above, by the annual quantity, in gallons, of each applicable VOC transferred from delivery vessels into the tank. Sum the calculated annual emission rates for each applicable VOC transferred. For a storage tank for which a permit is in effect, the annual quantity of each applicable VOC transferred shall be considered to be the maximum quantity allowed by the permit. For a storage tank for which no permit is in effect, the annual quantity of applicable VOC transferred shall be the quantity that was transferred during the previous calendar year (from January 1 through December 31); and

3. Compare the total calculated annual emission rate to 1,000 pounds. If the total calculated annual emission rate for the tank is less than 1,000 pounds, this section does not require the use of any control apparatus, except as specified in (b) above. Otherwise, one of the control apparatus described in (c) above must be used.

(e) The provisions of (c) above shall not apply to a storage tank during construction ballast if an applicable VOC is used.

(f) On and after May 31, 1995, no person shall cause, suffer, allow, or permit the transfer of any applicable VOC into any delivery vessel, except railroad tank cars, from a tank having a maximum capacity of 2,000 gallons (7,570 liters) or greater and having a total calculated annual emission rate over 2,000 pounds of applicable VOC from transfer operations, as determined pursuant to (g) below, unless the transfer is directly from a tank equipped with a floating roof or unless any such delivery vessel is connected to one of the following control apparatus:

1. A vapor control apparatus which reduces by no less than 90 percent by weight the total VOC emissions to the outdoor atmosphere; or

2. A vapor balance system with all atmospheric vents positively closed during transfer. Such vapor balance system shall not return the vapors to any tank equipped with a floating roof.

(g) For the purposes of (f) above, the total calculated annual emission rate of applicable VOC transferred into delivery vessels from each tank shall be determined in accordance with the following procedure:

1. Calculate the emission factor for each applicable VOC transferred from the storage tank to regulated delivery vessels as follows:

EF = 0.000024 x VP x MW

Where:

EF = the emission factor for each applicable VOC being transferred (lb/gal);

VP = the vapor pressure (psia) of each applicable VOC. If the VOC is heated, this term is the vapor pressure of the VOC at the temperature at the point of transfer; if the VOC is not heated, this term is the vapor pressure of the VOC at standard conditions;

MW = the molecular weight of the applicable VOC (lb/lb-mole); and

0.000024 = a constant to convert units;

2. Determine the calculated annual emission rate by multiplying each emission factor calculated in (g)1 above, by the annual quantity (in gallons) of each applicable VOC transferred into delivery vessels at the regulated facility. Sum the calculated annual emission rates for each applicable VOC transferred. For a facility for which a permit is in effect, the annual quantity of each applicable VOC transferred shall be considered to be the maximum quantity allowed by the permit. For a facility for which no permit is in effect, the annual quantity of applicable VOC transferred shall be the quantity that was transferred during the previous calendar year (from January 1 through December 31); and

3. Compare the total calculated annual uncontrolled emission rate resulting from the total transfers from the storage tank to 2,000 pounds. If the calculated annual emission rate is less than 2,000 pounds, this section does not require the use of any control apparatus, except as specified in (b) above. Otherwise, one of the control apparatus described in (f) above must be used.

(h) The provisions of (f) above shall not apply to:

1. A delivery vessel used for less than 30 days for the purpose of holding VOC from a storage tank during a period in which the storage tank is undergoing repair or maintenance;

2. A delivery vessel used in groundwater remediation operations for temporary storage and handling of VOC contaminated groundwater and recovered VOC; and

3. Vacuum trucks used for equipment clean-out or other clean-up operations.

(i) On and after May 31, 1995, no person shall cause, suffer, allow, or permit any tank truck having a maximum capacity of 2,000 gallons (7,570 liters) or greater to contain applicable VOC unless such tank truck is certified to comply with DOT regulations concerning inspection and pressure testing, codified at 40 CFR 180.407. A record of DOT certification shall be kept with the delivery vessel at all times.

(j) On and after May 31, 1995, no person shall cause, suffer, allow, or permit a transfer to or from a tank truck of applicable VOC, which transfer is subject to the provisions of (c) or (f) above, if the tank truck being loaded is under a pressure in excess of 18 inches of water (34 millimeters of mercury) gauge or the tank truck being unloaded is under a vacuum in excess of six inches of water (11 millimeters of mercury) gauge. This provision shall not apply to the loading or unloading of applicable VOC that is typically stored or transferred at elevated pressure, or under vacuum, into or from a delivery vessel that is designed for pressure or vacuum service.

(k) No person shall cause, suffer, allow, or permit any transfer of applicable VOC, which transfer is subject to the provisions of (c) or (f) above, if any components of the delivery vessel designed for preventing the release of applicable VOC vapors are not installed and operating as designed. Any loading or unloading transfer operations must cease immediately if:

1. On and after May 31, 1995, the delivery vessel being loaded or unloaded, any control apparatus or other equipment serving the transfer operation has a leak that:

i. Results in a concentration of VOC greater than or equal to 100 percent of the lower explosive limit of propane when measured at a distance within 1.0 inch (2.54 centimeters) of the source; or

ii. Is a liquid leak; or

2. The transfer results or would result in a liquid leak of applicable VOC.

(l) On and after May 31, 1995, no person shall cause, suffer, allow, or permit the transport or storage of any applicable VOC in a delivery vessel having a maximum capacity of 2,000 gallons (7,570 liters) or greater unless such vessel, while containing any applicable VOC, is vapor-tight at all times, except during:

1. Sample collection;

2. Emergency conditions;

3. Gauging; or

4. Venting through a vapor control apparatus approved by the Department.

(m) After a leaking tank truck, subject to the provisions of (i), (k) or (l) above is repaired, the owner or operator shall test the delivery vessel before it is loaded with applicable VOC. A record of the repair and test shall be maintained with the delivery vessel for one year.

(n) Any owner or operator of a facility with transfer operations subject to the provisions of (c) or (f) above shall comply with the following schedule:

1. By October 26, 1994, submit to the Chief, Bureau of New Source Review, Environmental Regulation Program, Department of Environmental Protection, CN 401, Trenton, New Jersey 08625-0401, a complete application for each permit required, pursuant to N.J.A.C. 7:27-8, to achieve compliance with (c) or (f) above; and

2. By May 31, 1995, achieve compliance with (c) or (f) above and maintain compliance with this section thereafter.

(o) The owner or operator of any VOC loading facility subject to (f) above shall maintain the following records:

1. On a daily basis, record the name and total quantity of each applicable VOC, in gallons or liters, loaded into delivery vessels at the facility;

2. On a continuous basis or at a frequency approved by the Department in writing:

i. For any thermal oxidizer used to control the emission of VOCs, record the operating temperature at the exit of the combustion chamber and the carbon monoxide concentration in the flue gas emitted to the outdoor atmosphere; or

ii. For any control apparatus using carbon or other adsorptive material, record the concentration of the total VOC in the flue gas emitted to the outdoor atmosphere or record the date of carbon bed the replacement and, on a daily basis, check the functioning of the automatic system for switching between carbon beds; and

3. Upon request of the Department and at a frequency specified by the Department, record any other operating parameter relevant to the prevention or control of the emission of air contaminants from the facility.

(p) Upon the request of the Department, any owner or operator utilizing a vapor control system pursuant to (c)1 or (f) above shall demonstrate to the satisfaction of the Department achievement of the required control efficiency through testing performed when the ambient air temperature is 70 degrees Fahrenheit (21 degrees Celsius) or greater, unless the Department, in writing, approves the performance tests at a lower ambient temperature.

(q) After receipt of a written request from an owner or operator for an extension of the deadline set forth in (n)1 above, the Department may authorize a 60-day renewable extension upon showing of good cause. Such extension may be renewed by the Department upon the written request of the owner or operator. Approval of such an extension shall not constitute approval of extension of the May 31, 1995 deadline established in (n)2 above. Written requests for the extension of a deadline submitted pursuant to this subsection shall be addressed to:

Assistant Director, Air and Environmental Quality Enforcement

Division of Enforcement Field Operations

Department of Environmental Protection

P.O. Box 422

401 East State Street, 4th Floor

Trenton, New Jersey 08625-0422

N.J. Admin. Code § 7:27-16.4

Adopted by 50 N.J.R. 409(a), effective 1/16/2018