Current through Register Vol. 46, No. 45, November 2, 2024
Section 229.3 - Control requirements(a) Petroleum fixed roof tanks. No person may store petroleum liquid in a fixed roof tank subject to this Part unless:(1) the tank has been retrofitted with an internal floating roof or equivalent control; and(2) the vapor collection and vapor control systems are maintained and operated in such a way as to ensure the integrity and efficiency of the system.(b) Petroleum liquid external floating roof tanks. No person may store petroleum liquid in an external floating roof tank subject to this Part unless:(1) the tank has been fitted with a continuous rim-mounted secondary seal extending from the floating roof to the tank wall, or equivalent control;(2) all seal closure devices meet the following requirements:(i) there are no visible holes, tears or openings in the seal or seal fabric;(ii) the seal is intact and uniformly in place around the circumference of the floating roof between the floating roof and the tank wall; and(iii) for vapor-mounted primary seals, the accumulated area of gaps exceeding one-eight inch (0.32 cm) in width between the secondary seal and the tank wall must not exceed 1.0 square inch per foot of diameter (21.2 cm2 per meter);(3) the roof is to be floating on the liquid at all times, off the leg supports, except during initial fill and when the tank is completely emptied and subsequently refilled;(4) all openings in the external floating roof, except automatic bleeder vents, rim space vents and leg sleeves, are equipped with projections into the tank that remain below the liquid surface at all times, and covers, seals or lids in the closed position except when the openings are in actual use;(5) automatic bleeder vents are closed at all times except when the roof is floated off or landed on the roof supports or at the manufacturer's recommended setting;(6) emergency roof drains are provided with slotted membrane fabric covers, or equivalent, which cover at least 90 percent of the area of the opening;(7) an annual inspection is performed by the owner or his agent, including but not limited to, a visual inspection of the secondary seal;(8) annual measurements of the secondary seal gap are performed by the owner or his agent when the floating roof is equipped with a vapor-mounted primary seal. Measurements will be made of the length and width of all gaps around the entire circumference of the secondary seal in each place where a one-eighth inch uniform diameter probe passes freely between the seal and tank wall, and summing the area of the individual gaps; and(9) records are maintained of the dates and results of the annual inspections and annual secondary seal gap measurements required by this section.(c) Gasoline bulk plants. No person may load gasoline into a gasoline transport vehicle from any gasoline bulk plant subject to this Part unless the gasoline bulk plant provides: (1) for submerged filling of gasoline transport vehicles;(2) that for delivery of that gasoline to a gasoline-dispensing site required to be equipped with a stage I vapor collection device, the following requirements must be met: (i) the gasoline bulk plant provides for submerged filling of the gasoline transport vehicles;(ii) the gasoline bulk plant has a vapor collection system to control gasoline vapors which are displaced during the loading of a gasoline bulk plant storage tank and/or during the loading of gasoline transport vehicles;(iii) the pressure vacuum relief valves and hatch covers for storage tanks and gasoline transport vehicles, and the associated vapor and liquid lines used during dispensing operations at the gasoline bulk plant, do not leak, and the pressure relief valves on storage tanks and gasoline transport vehicles are adjusted to release at not less than 0.7 psia, unless a State or local fire code requires a lower pressure; and(iv) the vapor collection system is maintained and operated in such a way as to ensure the efficiency and integrity of the system;(3) a vapor collection system required at a gasoline bulk plant consists of: (i) a vapor space connection on the gasoline storage tank equipped with vapor-tight fittings that automatically and immediately close upon disconnection to prevent the release of gasoline vapors;(ii) a connecting pipe or hose equipped with vapor-tight fittings that systematically and immediately close upon disconnection to prevent the release of volatile organic compounds when loading is through means other than hatches. Hatch-loading systems must include a loading arm with a vapor collection system adapter, a vapor-tight seal between the adapter and hatch, and a method of preventing drainage of liquid gasoline from the loading arm when it is removed from the hatch or for complete drainage of the loading arm before such removal;(iii) a vapor space connection on the gasoline transport vehicle equipped with vapor-tight fittings that automatically and immediately close upon disconnection to prevent the release of gasoline vapors when loading is through means other than hatches;(iv) a connecting device between the gasoline transport vehicle and the dispensing equipment that interrupts the flow of gasoline to prevent overfilling and spillage; and(v) a system that prevents the flow of gasoline into gasoline transport vehicles unless the fuel product line and vapor collection system are both connected so as to prevent liquid product leaks or vapor loss;(4) the design of any connecting devices required by this Part to control gasoline vapor emissions while loading gasoline transport vehicles at a gasoline bulk plant must be standardized to provide compatibility between different bulk plants and transport vehicles; or connecting adapters must be provided and used. The owner or operator of the gasoline bulk plant is responsible for ensuring that the adapter is properly connected before dispensing gasoline. Connecting adapters must be adequate to ensure that the vapor collection system is vapor-tight.(d) Gasoline loading terminals. No person subject to this Part may load gasoline into a gasoline transport vehicle from any gasoline loading terminal unless the gasoline loading terminal is equipped with gasoline vapor collection and vapor control systems which are operating and in good working order and that satisfy the following requirements:(1) The gasoline vapor collection and control systems must capture gasoline vapors during loading and unloading of gasoline transport vehicles, and must condense, absorb, adsorb or combust the gasoline vapors so emissions do not exceed 0.67 pounds per 1,000 gallons of gasoline loaded or unloaded. Any equivalent control system is acceptable. Test methods to determine the level of gasoline vapors which are acceptable to the commissioner must be used to determine compliance with this standard. Test methods described in Appendix A of 40 CFR part 60 are considered to be acceptable methods (see table 1, section 200.9 of this Title).(2) A vapor collection system required at a gasoline loading terminal consists of: (i) hatch-loading systems must include a loading arm with a vapor collection system adapter, a vapor-tight seal between the adapter and hatch, and a method of preventing drainage of liquid gasoline from the loading arm when it is removed from the hatch or for complete drainage of the loading arm before such removal;(ii) bottom-loading systems must include a connecting pipe or hose equipped with vapor-tight fittings that will automatically and immediately close upon disconnection to prevent the release of gasoline vapors;(iii) a connecting device between the gasoline transport vehicle and the dispensing equipment that interrupts the flow of gasoline to prevent overfilling and spillage; and(iv) a system that prevents the flow of gasoline into gasoline transport vehicles unless the fuel product line and vapor collection system are both connected so as to prevent liquid product leaks or vapor loss.(e) Volatile organic liquid storage tanks. No person may store volatile organic liquids in a tank subject to this Part unless: (1) For a fixed roof storage tank, the tank is equipped with an internal floating roof with a liquid-mounted primary seal and gasketed fittings, or equivalent control. Replacement of other than liquid mounted seals is to be performed when the tank is cleaned and gas-freed for other purposes.(2) For an external floating roof tank, the tank must be equipped with the control equipments as follows:(i) for external floating roof storage tanks equipped with a mechanical shoe primary seal, the tank must be equipped with a rim-mounted secondary seal or equivalent control;(ii) for external roof storage tanks equipped with vapor-mounted primary, the tank must be equipped with a liquid-mounted primary seal and a rim-mounted secondary seal or equivalent control;(iii) for external roof storage tanks equipped with liquid-mounted seals, the tank must be equipped with a rim-mounted secondary seal or equivalent control when the tank is cleaned and degassed for other reasons;(iv) for volatile organic liquid tanks with a capacity greater than or equal to 10,000 gallons but less than 20,000 gallons, the tank must be equipped with submerged fill; and(v) for volatile organic liquid tanks with a capacity of less than 10,000 gallons, the tank must be equipped with conservation vents.(f) Marine vessel loading facilities. No person subject to this Part may load gasoline in a marine vessel unless: (1) Facilities loading 15,000 gallons of gasoline or less per day must be equipped with and operate a vapor balance system or other control system. Such a vapor balance system must have no open operating system to the atmosphere during transfer and must not return the vapors to any tank equipped with a floating roof.(2) Facilities loading more than 15,000 gallons of gasoline per day must be equipped with and operate a vapor control system which reduces the total VOC emissions to the outdoor atmosphere by 90 percent by weight.(g)(1) The commissioner may allow processes subject to this Part to operate with a lesser degree of control than what is required provided that a process specific reasonably available control technology (RACT) demonstration has been made to the satisfaction of the commissioner. Process specific RACT demonstrations must be submitted with the application for a permit to construct, a certificate to operate, or renewal of a certificate to operate for an existing source under the provisions of Part 201 of this Title. Such process specific RACT demonstrations must be submitted to the United States Environmental Protection Agency as a revision to the State Implementation Plan and must address the technical and economic feasibility of: (i) utilizing demonstrated and proven emission control technologies which would achieve the degree of control required in subdivisions (a)-(f) of this section;(ii) utilizing demonstrated and proven emission control technologies which would not achieve the degree of control required in subdivisions (a)-(f) of this section; and(iii) utilizing demonstrated and proven production modification methods which would result in real, documented, and enforceable reductions in the volatile organic compound emissions from the process.(2) Facilities with processes subject to this Part with an annual potential to emit less than five tons of volatile organic compounds will only be required to comply with subparagraph (1)(i) and (1)(iii) of this subdivision in order to demonstrate that a lesser degree of control is RACT for these processes.(h) The commissioner may allow sources which use natural gas fired afterburners as control devices for processes subject to this Part, to shut down these natural gas fired afterburners from November 1st through March 31st for the purposes of natural gas conservation, provided that the commissioner has determined that this action will not jeopardize air quality. Such evidence must be submitted with the application for a permit to construct, a certificate to operate, or renewal of a certificate to operate for an existing source under the provisions of Part 201 of this Title.N.Y. Comp. Codes R. & Regs. Tit. 6 § 229.3