Regulations last checked for updates: Oct 17, 2024

Title 40 - Protection of Environment last revised: Oct 15, 2024
§ 63.420 - Applicability.
Link to an amendment published at 89 FR 39358, May 8, 2024.

(a) Prior to May 8, 2027, the affected source to which the provisions of this subpart apply is each bulk gasoline terminal, except those bulk gasoline terminals meeting either of the criteria listed in paragraph (a)(1) or (2) of this section. No later than May 8, 2027, the affected source to which the provisions of this subpart apply is each bulk gasoline terminal located at a major source as defined in § 63.2.

(1) Bulk gasoline terminals for which the owner or operator has documented and recorded to the Administrator's satisfaction that the result, ET, of the following equation is less than 1, and complies with requirements in paragraphs (c), (d), (e), and (f) of this section:

ET = CF[0.59(TF)(1-CE) + 0.17 (TE) + 0.08(TES) + 0.038(TI) + 8.5 × 10-6(C) + KQ] + 0.04(OE) where: ET = emissions screening factor for bulk gasoline terminals; CF = 0.161 for bulk gasoline terminals and pipeline breakout stations that do not handle any reformulated or oxygenated gasoline containing 7.6 percent by volume or greater methyl tert-butyl ether (MTBE), OR CF = 1.0 for bulk gasoline terminals and pipeline breakout stations that handle reformulated or oxygenated gasoline containing 7.6 percent by volume or greater MTBE; CE = control efficiency limitation on potential to emit for the vapor processing system used to control emissions from fixed-roof gasoline storage vessels [value should be added in decimal form (percent divided by 100)]; TF = total number of fixed-roof gasoline storage vessels without an internal floating roof; TE = total number of external floating roof gasoline storage vessels with only primary seals; TES = total number of external floating roof gasoline storage vessels with primary and secondary seals; TI = total number of fixed-roof gasoline storage vessels with an internal floating roof; C = number of valves, pumps, connectors, loading arm valves, and open-ended lines in gasoline service; Q = gasoline throughput limitation on potential to emit or gasoline throughput limit in compliance with paragraphs (c), (d), and (f) of this section (liters/day); K = 4.52 × 10−6 for bulk gasoline terminals with uncontrolled loading racks (no vapor collection and processing systems), OR K = (4.5 × 10−9)(EF + L) for bulk gasoline terminals with controlled loading racks (loading racks that have vapor collection and processing systems installed on the emission stream); EF = emission rate limitation on potential to emit for the gasoline cargo tank loading rack vapor processor outlet emissions (mg of total organic compounds per liter of gasoline loaded); OE = other HAP emissions screening factor for bulk gasoline terminals or pipeline breakout stations (tons per year). OE equals the total HAP from other emission sources not specified in parameters in the equations for ET or EP. If the value of 0.04(OE) is greater than 5 percent of either ET or EP, then paragraphs (a)(1) and (b)(1) of this section shall not be used to determine applicability; L = 13 mg/l for gasoline cargo tanks meeting the requirement to satisfy the test criteria for a vapor-tight gasoline tank truck in § 60.501 of this chapter, OR L = 304 mg/l for gasoline cargo tanks not meeting the requirement to satisfy the test criteria for a vapor-tight gasoline tank truck in § 60.501 of this chapter; or

(2) Bulk gasoline terminals for which the owner or operator has documented and recorded to the Administrator's satisfaction that the facility is not a major source, or is not located within a contiguous area and under common control of a facility that is a major source, as defined in § 63.2.

(b) Prior to May 8, 2027, the affected source to which the provisions of this subpart apply is each pipeline breakout station, except those pipeline breakout stations meeting either of the criteria listed in paragraph (b)(1) or (2) of this section. No later than May 8, 2027, the affected source to which the provisions of this subpart apply is each pipeline breakout station located at a major source as defined in § 63.2.

(1) Pipeline breakout stations for which the owner or operator has documented and recorded to the Administrator's satisfaction that the result, EP, of the following equation is less than 1, and complies with requirements in paragraphs (c), (d), (e), and (f) of this section:

EP = CF [6.7(TF)(1-CE) + 0.21(TE) + 0.093(TES) + 0.1(TI) + 5.31 × 10−6(C)) + 0.04(OE); where: EP = emissions screening factor for pipeline breakout stations, and the definitions for CF, TF, CE, TE, TES, TI, C, and OE are the same as provided in paragraph (a)(1) of this section; or

(2) Pipeline breakout stations for which the owner or operator has documented and recorded to the Administrator's satisfaction that the facility is not a major source, or is not located within a contiguous area and under common control of a facility that is a major source, as defined in § 63.2.

(c) Prior to May 8, 2027, a facility for which the results, ET or EP, of the calculation in paragraph (a)(1) or (b)(1) of this section has been documented and is less than 1.0 but greater than or equal to 0.50, is exempt from the requirements of this subpart, except that the owner or operator shall:

(1) Operate the facility such that none of the facility parameters used to calculate results under paragraph (a)(1) or (b)(1) of this section, and approved by the Administrator, is exceeded in any rolling 30-day period; and

(2) Maintain records and provide reports in accordance with the provisions of § 63.428(l)(4).

(d) Prior to May 8, 2027, a facility for which the results, ET or EP, of the calculation in paragraph (a)(1) or (b)(1) of this section has been documented and is less than 0.50, is exempt from the requirements of this subpart, except that the owner or operator shall:

(1) Operate the facility such that none of the facility parameters used to calculate results under paragraph (a)(1) or (b)(1) of this section is exceeded in any rolling 30-day period; and

(2) Maintain records and provide reports in accordance with the provisions of § 63.428(l)(5).

(e) The provisions of paragraphs (a)(1) and (b)(1) of this section shall not be used to determine applicability to bulk gasoline terminals or pipeline breakout stations that are either:

(1) Located within a contiguous area and under common control with another bulk gasoline terminal or pipeline breakout station, or

(2) Located within a contiguous area and under common control with other sources not specified in paragraphs (a)(1) or (b)(1) of this section, that emit or have the potential to emit a hazardous air pollutant.

(f) Upon request by the Administrator, the owner or operator of a bulk gasoline terminal or pipeline breakout station subject to the provisions of any paragraphs in this section including, but not limited to, the parameters and assumptions used in the applicable equation in paragraph (a)(1) or (b)(1) of this section, shall demonstrate compliance with those paragraphs.

(g) Each owner or operator of a bulk gasoline terminal or pipeline breakout station subject to the provisions of this subpart that is also subject to applicable provisions of part 60, subpart Kb, XX, or XXa, of this chapter shall comply only with the provisions in each subpart that contain the most stringent control requirements for that facility.

(h) Each owner or operator of an affected source bulk gasoline terminal or pipeline breakout station is subject to the provisions of 40 CFR part 63, subpart A—General Provisions, as indicated in Table 1.

(i) A bulk gasoline terminal or pipeline breakout station with a Standard Industrial Classification code 2911 located within a contiguous area and under common control with a refinery complying with §§ 63.646, 63.648, 63.649, 63.650, and 63.660 is not subject to the standards in this subpart, except as specified in § 63.650.

(j) Notwithstanding any other provision of this subpart, the December 14, 1995, compliance date for existing facilities in §§ 63.424(e) and 63.428(a), (l)(4)(i), and (l)(5)(i) is stayed from December 8, 1995, to March 7, 1996.

(k) Each owner or operator of an affected source bulk gasoline terminal or pipeline breakout station must comply with the standards in this part at all times. At all times, the owner or operator must operate and maintain any affected source, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions. The general duty to minimize emissions does not require the owner or operator to make any further efforts to reduce emissions if levels required by the applicable standard have been achieved. Determination of whether a source is operating in compliance with operation and maintenance requirements 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.

[59 FR 64318, Dec. 14, 1994, as amended at 60 FR 43260, Aug. 18, 1995; 60 FR 62992, Dec. 8, 1995; 62 FR 9092, Feb. 28, 1997; 89 FR 39358, May 8, 2024]
§ 63.421 - Definitions.
Link to an amendment published at 89 FR 39358, May 8, 2024.

As used in this subpart, all terms not defined herein shall have the meaning given them in the Act; in subparts A, K, Ka, Kb, and Xxa of part 60 of this chapter; or in subpart A of this part. All terms defined in both subpart A of part 60 of this chapter and subpart A of this part shall have the meaning given in subpart A of this part. For purposes of this subpart, definitions in this section supersede definitions in other parts or subparts.

Bulk gasoline terminal means:

(1) Prior to May 8, 2027, any gasoline facility which receives gasoline by pipeline, ship or barge, and has a gasoline throughput greater than 75,700 liters per day. Gasoline throughput shall be the maximum calculated design throughput as may be limited by compliance with an enforceable condition under Federal, State, or local law and discoverable by the Administrator and any other person.

(2) On or after May 8, 2027, any gasoline facility which receives gasoline by pipeline, ship, barge, or cargo tank and subsequently loads all or a portion of the gasoline into gasoline cargo tanks for transport to bulk gasoline plants or gasoline dispensing facilities and has a gasoline throughput greater than 20,000 gallons per day (75,700 liters per day). Gasoline throughput shall be the maximum calculated design throughput for the facility as may be limited by compliance with an enforceable condition under Federal, State, or local law and discoverable by the Administrator and any other person.

Controlled loading rack, for the purposes of § 63.420, means a loading rack equipped with vapor collection and processing systems that reduce displaced vapor emissions to no more than 80 milligrams of total organic compounds per liter of gasoline loaded, as measured using the test methods and procedures in § 60.503 (a) through (c) of this chapter.

Equipment means each valve, pump, pressure relief device, sampling connection system, open-ended valve or line, and flange or other connector in the gasoline liquid transfer and vapor collection systems. This definition also includes the entire vapor processing system except the exhaust port(s) or stack(s).

Flare means a thermal combustion device using an open or shrouded flame (without full enclosure) such that the pollutants are not emitted through a conveyance suitable to conduct a performance test.

Gasoline means any petroleum distillate or petroleum distillate/alcohol blend having a Reid vapor pressure of 4.0 pounds per square inch (27.6 kilopascals) or greater, which is used as a fuel for internal combustion engines.

Gasoline cargo tank means a delivery tank truck or railcar which is loading gasoline or which has loaded gasoline on the immediately previous load.

In gasoline service means that a piece of equipment is used in a system that transfers gasoline or gasoline vapors.

Limitation(s) on potential to emit means limitation(s) limiting a source's potential to emit as defined in § 63.2 of subpart A of this part.

Operating parameter value means a value for an operating or emission parameter of the vapor processing system (e.g., temperature) which, if maintained continuously by itself or in combination with one or more other operating parameter values, determines that an owner or operator has complied with the applicable emission standard. The operating parameter value is determined using the procedures outlined in § 63.425(b).

Oxygenated gasoline means the same as defined in 40 CFR 80.2.

Pipeline breakout station means:

(1) Prior to May 8, 2027, a facility along a pipeline containing storage vessels used to relieve surges or receive and store gasoline from the pipeline for reinjection and continued transportation by pipeline or to other facilities.

(2) On or after May 8, 2027, a facility along a pipeline containing storage vessels used to relieve surges or receive and store gasoline from the pipeline for reinjection and continued transportation by pipeline to other facilities. Pipeline breakout stations do not have loading racks where gasoline is loaded into cargo tanks. If any gasoline is loaded into cargo tanks, the facility is a bulk gasoline terminal for the purposes of this subpart provided the facility-wide gasoline throughput (including pipeline throughput) exceeds the limits specified for bulk gasoline terminals.

Reformulated gasoline means the same as defined in 40 CFR 80.2.

Submerged filling means the filling of a gasoline cargo tank through a submerged fill pipe whose discharge is no more than the 6 inches from the bottom of the tank. Bottom filling of gasoline cargo tanks is included in this definition.

Thermal oxidation system means an enclosed combustion device used to mix and ignite fuel, air pollutants, and air to provide a flame to heat and oxidize hazardous air pollutants. Auxiliary fuel may be used to heat air pollutants to combustion temperatures. Thermal oxidation systems emit pollutants through a conveyance suitable to conduct a performance test.

Uncontrolled loading rack means a loading rack used to load gasoline cargo tanks that is not a controlled loading rack.

Vapor-tight gasoline cargo tank means a gasoline cargo tank which has demonstrated within the 12 preceding months that it meets the annual certification test requirements in § 63.425(e), and which is subject at all times to the test requirements in § 63.425 (f), (g), and (h).

Volatile organic liquid (VOL) means, for the purposes of this subpart, gasoline.

[59 FR 64318, Dec. 14, 1994, as amended at 62 FR 9093, Feb. 28, 1997; 68 FR 70965, Dec. 19, 2003; 85 FR 78463, Dec. 4, 2020; 89 FR 39358, May 8, 2024]
§ 63.422 - Standards: Loading racks.

(a) You must meet either the requirements in paragraph (a)(1) or (2) of this section, as applicable in paragraph (d) of this section.

(1) Each owner or operator of loading racks at a bulk gasoline terminal subject to the provisions of this subpart shall comply with the requirements in § 60.502 of this chapter except for paragraphs (b), (c), and (j) of that section. For purposes of this section, the term “affected facility” used in § 60.502 means the loading racks that load gasoline cargo tanks at the bulk gasoline terminals subject to the provisions of this subpart.

(2) Each owner or operator of loading racks at a bulk gasoline terminal subject to the provisions of this subpart shall comply with the requirements in § 60.502a of this chapter except for paragraphs (b) and (j) of that section and shall comply with the provisions in paragraphs (b) through (c) of this section. For purposes of this section, the term “gasoline loading rack affected facility” used in § 60.502a means “the loading racks that load gasoline cargo tanks at the bulk gasoline terminals subject to the provisions of this subpart.” For purposes of this subpart, the term “vapor-tight gasoline cargo tanks” used in § 60.502a(e) of this chapter shall have the meaning given in § 63.421. As an alternative to the pressure monitoring requirements in § 60.504a(d) of this chapter, you may comply with the requirements specified in § 63.427(f).

(b) You must meet either the emission limits in paragraph (b)(1) or (2) of this section, as applicable in paragraph (d) of this section.

(1) Emissions to the atmosphere from the vapor collection and processing systems due to the loading of gasoline cargo tanks shall not exceed 10 milligrams of total organic compounds per liter of gasoline loaded.

(2) You must comply with the provisions in § 60.502a(c) of this chapter for all loading racks that load gasoline cargo tanks at the bulk gasoline terminals subject to the provisions of this subpart, not just those that are modified or reconstructed.

(c) Each owner or operator of a bulk gasoline terminal subject to the provisions of this subpart shall discontinue loading any cargo tank that fails vapor tightness according to the test requirements in § 63.425(f), (g), and (h) until vapor tightness documentation for that gasoline cargo tank is obtained which documents that:

(1) The tank truck or railcar gasoline cargo tank has been repaired, retested, and subsequently passed either the annual certification test described in § 63.425(e) or the railcar bubble test described in § 63.425(i); or

(2) For each gasoline cargo tank failing the test in § 63.425(f) at the facility, the cargo tank meets the test requirements in either § 63.425(g) or (h); or

(3) For each gasoline cargo tank failing the test in § 63.425(g) at the facility, the cargo tank meets the test requirements in § 63.425(h).

(d) Each owner or operator shall meet the requirements in this section as expeditiously as practicable, but no later than the dates provided in paragraphs (d)(1) through (3) of this section.

(1) For facilities that commenced construction on or before February 8, 1994, each owner or operator shall meet the requirements in paragraphs (a)(1), (b)(1), and (c) of this section no later than December 15, 1997. Beginning no later than May 8, 2027, paragraphs (a)(1) and (b)(1) of this section no longer apply and each owner or operator shall meet the requirements in paragraphs (a)(2), (b)(2), and (c) of this section.

(2) For facilities that commenced construction after February 8, 1994, and on or before June 10, 2022, each owner or operator shall meet the requirements in paragraphs (a)(1), (b)(1), and (c) of this section upon startup. Beginning no later than May 8, 2027, paragraphs (a)(1) and (b)(1) of this section no longer apply and each owner or operator shall meet the requirements in paragraphs (a)(2), (b)(2), and (c) of this section.

(3) For facilities that commenced construction after June 10, 2022, each owner or operator shall meet the requirements in paragraphs (a)(2), (b)(2), and (c) of this section upon startup or July 8, 2024, whichever is later.

(e) As an alternative to § 60.502(h) and (i) or § 60.502a(h) and (i) of this chapter as specified in paragraph (a) of this section, the owner or operator may comply with paragraphs (e)(1) and (2) of this section.

(1) The owner or operator shall design and operate the vapor processing system, vapor collection system, and liquid loading equipment to prevent gauge pressure in the railcar gasoline cargo tank from exceeding the applicable test limits in § 63.425(e) and (i) during product loading. This level is not to be exceeded when measured by the procedures specified in § 60.503(d) of this chapter during any performance test or performance evaluation conducted under § 63.425(b) or (c).

(2) No pressure-vacuum vent in the bulk' gasoline terminal's vapor processing system or vapor collection system may begin to open at a system pressure less than the applicable test limits in § 63.425(e) or (i).

[89 FR 39359, May 8, 2024]
§ 63.423 - Standards: Storage vessels.

(a) Each owner or operator of a bulk gasoline terminal or pipeline breakout station subject to the provisions of this subpart shall equip each gasoline storage vessel according to the requirements in paragraph (a)(1) or (2) of this section, as applicable in paragraph (c) of this section.

(1) Equip each gasoline storage vessel with a design capacity greater than or equal to 75 m 3 according to the requirements in § 60.112b(a)(1) through (4) of this chapter, except for the requirements in § 60.112b(a)(1)(iv) through (ix) and (a)(2)(ii) of this chapter.

(2) Equip each gasoline external floating roof storage vessel with a design capacity greater than or equal to 75 m 3 according to the requirements in § 60.112b(a)(2)(ii) of this chapter if such storage vessel does not currently meet the requirements in paragraph (a)(1) of this section.

(b) Each owner or operator of a bulk gasoline terminal or pipeline breakout station subject to the provisions of this subpart shall equip each gasoline storage vessel according to the requirements in paragraphs (b)(1) of this section and, if a floating roof is used, either paragraph (b)(2) or (3) of this section, as applicable in paragraph (c) of this section.

(1) Equip, maintain, and operate each gasoline storage vessel with a design capacity greater than or equal to 75 m 3 according to the requirements in § 60.112b(a)(1) through (4) of this chapter, except for the requirements in § 60.112b(a)(1)(iv) through (ix) of this chapter. Alternatively, you may elect to equip, maintain, and operate each affected gasoline storage vessel with a design capacity greater than or equal to 75 m 3 according to the requirements in subpart WW of this part as specified in § 60.110b(e)(5) of this chapter.

(2) Equip, maintain, and operate each internal floating control system to maintain the vapor concentration within the storage vessel above the floating roof at or below 25 percent of the lower explosive limit (LEL) on a 5-minute rolling average basis without the use of purge gas. This standard may require additional controls beyond those specified in paragraph (b)(1) of this section. Compliance with this paragraph (b)(2) shall be determined using the methods in § 63.425(j). A deviation of the LEL level is considered an inspection failure under § 60.113b(a)(2) of this chapter or § 63.1063(d)(2) and must be remedied as such. Any repairs made must be confirmed effective through re-monitoring of the LEL and meeting the level in this paragraph (b)(2) within the timeframes specified in § 60.113b(a)(2) or § 63.1063(e), as applicable.

(3) Equip, maintain, and operate each gasoline external floating roof storage vessel with a design capacity greater than or equal to 75 m 3 with fitting controls as specified in § 60.112b(a)(2)(ii) of this chapter.

(c) Each gasoline storage vessel at bulk gasoline terminals and pipeline breakout stations shall be in compliance with the requirements of this section as expeditiously as practicable, but no later than the dates provided in paragraphs (c)(1) through (3) of this section.

(1) For facilities that commenced construction on or before February 8, 1994, each gasoline storage vessel shall meet the requirements in paragraph (a) of this section no later than December 15, 1997. Beginning no later than May 8, 2027, paragraph (a) of this section no longer applies and each gasoline storage vessel shall meet the requirements in paragraphs (b)(1) and (2) of this section no later than May 8, 2027. If applicable, the fitting controls required in paragraph (b)(3) of this section must be installed the next time the storage vessel is completely emptied and degassed, or by May 8, 2034, whichever occurs first.

(2) For facilities that commenced construction after February 8, 1994, and on or before June 10, 2022, each gasoline storage vessel shall meet the requirements in paragraph (a) of this section upon startup. Beginning no later than May 8, 2027, paragraph (a) of this section no longer applies and each gasoline storage vessel shall meet the requirements in paragraphs (b)(1) and (2) of this section no later than May 8, 2027. If applicable, the fitting controls required in paragraph (b)(3) of this section must be installed the next time the storage vessel is completely emptied and degassed, or by May 8, 2034, whichever occurs first.

(3) For facilities that commenced construction after June 10, 2022, each owner or operator shall meet the requirements in paragraph (b) of this section upon startup or July 8, 2024, whichever is later.

[89 FR 39360, May 8, 2024]
§ 63.424 - Standards: Equipment leaks.

(a) Each owner or operator of a bulk gasoline terminal or pipeline breakout station subject to the provisions of this subpart shall implement a leak detection and repair program for all equipment in gasoline service according to the requirements in paragraph (b) or (c) of this section, as applicable in paragraph (e) of this section and minimize gasoline vapor losses according to paragraph (d) of this section.

(b) Each owner or operator of a bulk gasoline terminal or pipeline breakout station subject to the provisions of this subpart shall perform a monthly leak inspection of all equipment in gasoline service. For this inspection, detection methods incorporating sight, sound, and smell are acceptable. Each piece of equipment shall be inspected during the loading of a gasoline cargo tank.

(1) A logbook shall be used and shall be signed by the owner or operator at the completion of each inspection. A section of the log shall contain a list, summary description, or diagram(s) showing the location of all equipment in gasoline service at the facility.

(2) Each detection of a liquid or vapor leak shall be recorded in the logbook. When a leak is detected, an initial attempt at repair shall be made as soon as practicable, but no later than 5 calendar days after the leak is detected. Repair or replacement of leaking equipment shall be completed within 15 calendar days after detection of each leak, except as provided in paragraph (b)(3) of this section.

(3) Delay of repair of leaking equipment will be allowed upon a demonstration to the Administrator that repair within 15 days is not feasible. The owner or operator shall provide the reason(s) a delay is needed and the date by which each repair is expected to be completed.

(4) As an alternative to compliance with the provisions in paragraphs (b)(1) through (3) of this section, owners or operators may implement an instrument leak monitoring program that has been demonstrated to the Administrator as at least equivalent.

(c) Comply with the requirements in § 60.502a(j) of this chapter except as provided in paragraphs (c)(1) through (3) of this section.

(1) The frequency for optical gas imaging (OGI) monitoring shall be semiannually rather than quarterly as specified in § 60.502a(j)(1)(i).

(2) The frequency for Method 21 monitoring of pumps and valves shall be semiannually rather than quarterly as specified in § 60.502a(j)(1)(ii)(A) and (B).

(3) The frequency of monitoring of pressure relief devices shall be semiannually and within 5 calendar days after each pressure release rather than quarterly and within 5 calendar days after each pressure release as specified in § 60.502a(j)(4)(i).

(d) Owners and operators shall not allow gasoline to be handled in a manner that would result in vapor releases to the atmosphere for extended periods of time. Measures to be taken include, but are not limited to, the following:

(1) Minimize gasoline spills;

(2) Clean up spills as expeditiously as practicable;

(3) Cover all open gasoline containers with a gasketed seal when not in use; and

(4) Minimize gasoline sent to open waste collection systems that collect and transport gasoline to reclamation and recycling devices, such as oil/water separators.

(e) Compliance with the provisions of this section shall be achieved as expeditiously as practicable, but no later than the dates provided in paragraphs (e)(1) through (3) of this section.

(1) For facilities that commenced construction on or before February 8, 1994, meet the requirements in paragraphs (b) and (d) of this section no later than December 15, 1997. Beginning no later than May 8, 2027, paragraph (b) of this section no longer applies and facilities shall meet the requirements in paragraphs (c) and (d) of this section no later than May 8, 2027.

(2) For facilities that commenced construction after February 8, 1994, and on or before June 10, 2022, meet the requirements in paragraphs (b) and (d) of this section upon startup. Beginning no later than May 8, 2027, paragraph (b) of this section no longer applies and facilities shall meet the requirements in paragraphs (c) and (d) of this section no later than May 8, 2027.

(3) For facilities that commenced construction after June 10, 2022, meet the requirements in paragraph (c) and (d) of this section upon startup or July 8, 2024, whichever is later.

[89 FR 39360, May 8, 2024]
§ 63.425 - Test methods and procedures.
Link to an amendment published at 89 FR 39361, May 8, 2024.

(a) Performance test and evaluation requirements. Each owner or operator subject to the emission standard in § 63.422(b)(1) or § 60.112b(a)(3)(ii) of this chapter shall comply with the requirements in paragraph (b) of this section. Each owner or operator subject to the emission standard in § 63.422(b)(2) shall comply with the requirements in paragraph (c) of this section. Performance tests shall be conducted under representative conditions when liquid product is being loaded into gasoline cargo tanks and shall include periods between gasoline cargo tank loading (when one cargo tank is disconnected and another cargo tank is moved into position for loading) provided that liquid product loading into gasoline cargo tanks is conducted for at least a portion of each 5 minute block of the performance test. You may not conduct performance tests during periods of malfunction. You must record the process information that is necessary to document operating conditions during the test and include in such record an explanation to support that such conditions represent normal operation. Upon request, you shall make available to the Administrator such records as may be necessary to determine the conditions of performance tests.

(b) Gasoline loading rack and gasoline storage vessel performance test requirements. For gasoline loading racks subject to the requirements in § 63.422(b)(1) or gasoline storage vessels subject to the requirements in § 60.112b(a)(3)(ii) of this chapter:

(1) Conduct a performance test on the vapor processing and collection systems according to either paragraph (b)(1)(i) or (ii) of this section.

(i) Use the test methods and procedures in § 60.503 of this chapter, except a reading of 500 ppm shall be used to determine the level of leaks to be repaired under § 60.503(b) of this chapter, or

(ii) Use alternative test methods and procedures in accordance with the alternative test method requirements in § 63.7(f).

(2) The performance test requirements of § 60.503(c) of this chapter do not apply to flares defined in § 63.421 and meeting the flare requirements in § 63.11(b). The owner or operator shall demonstrate that the flare and associated vapor collection system is in compliance with the requirements in § 63.11(b) and § 60.503(a), (b), and (d) of this chapter, respectively.

(3) For each performance test conducted under paragraph (b)(1) of this section, the owner or operator shall determine a monitored operating parameter value for the vapor processing system using the following procedure:

(i) During the performance test, continuously record the operating parameter under § 63.427(a);

(ii) Determine an operating parameter value based on the parameter data monitored during the performance test, supplemented by engineering assessments and the manufacturer's recommendations; and

(iii) Provide for the Administrator's approval the rationale for the selected operating parameter value, and monitoring frequency and averaging time, including data and calculations used to develop the value and a description of why the value, monitoring frequency, and averaging time demonstrate continuous compliance with the emission standard in § 63.422(b)(1) or § 60.112b(a)(3)(ii) of this chapter.

(4) For performance tests performed after the initial test, the owner or operator shall document the reasons for any change in the operating parameter value since the previous performance test.

(c) Gasoline loading rack performance test and evaluation requirements. For gasoline loading rack sources subject to the requirements in § 63.422(b)(2):

(1) Conduct performance tests or evaluations on the vapor processing and collection systems according to the requirements in § 60.503a(a), (c) and (d) of this chapter.

(2) The first performance test or performance evaluation of the continuous emissions monitoring system (CEMS) shall be conducted within 180 days of the date affected source begins compliance with the requirements in § 63.422(b)(2). A previously conducted performance test may be used to satisfy this requirement if the conditions in paragraphs (c)(2)(i) through (v) of this section are met. Prior to conducting this performance test or evaluation, you must continue to meet the monitoring and operating limits that apply based on the previously conducted performance test.

(i) The performance test was conducted on or after May 8, 2022.

(ii) No changes have been made to the process or control device since the time of the performance test.

(iii) The operating conditions, test methods, and test requirements (e.g., length of test) used for the previous performance test conform to the requirements in paragraph (c)(1) of this section.

(iv) The temperature in the combustion zone was recorded during the performance test as specified in § 60.503a(c)(8)(i) of this chapter and can be used to establish the operating limit as specified in § 60.503a(c)(8)(ii) through (iv) of this chapter.

(v) The performance test demonstrates compliance with the emission limit specified in § 63.422(b)(2).

(3) For loading racks complying with the mass loading emission limit in § 60.502a(c)(1) of this chapter, subsequent performance tests shall be conducted no later than 60 calendar months after the previous performance test.

(4) For loading racks complying with the concentration emission limit in § 60.502a(c)(2) of this chapter, subsequent performance evaluations of CEMS for the vapor collection and processing system shall be conducted no later than 12 calendar months after the previous performance evaluation.

(d) Gasoline storage vessel requirements. The owner or operator of each gasoline storage vessel subject to the provisions of § 63.423 shall comply with § 60.113b of this chapter and, if applicable, the provisions in paragraph (j) of this section. If a closed vent system and control device are used, as specified in § 60.112b(a)(3) of this chapter, to comply with the requirements in § 63.423, the owner or operator shall also comply with the requirements in paragraph (d)(1) or (2) of this section, as applicable.

(1) If the gasoline storage vessel is subject to the provision in § 63.423(a) or the provision in § 63.423(b) and a control device other than a flare is used for the gasoline storage vessel, the owner or operator shall also comply with the requirements in paragraph (b) of this section.

(2) If the gasoline storage vessel is subject to the provision in § 63.423(b) and a flare is used as the control device for the gasoline storage vessel, you must comply with the requirements in § 60.502a(c)(3) of this chapter as indicated in paragraphs (d)(2)(i) and (ii) of this section rather than the requirements in § 60.18(e) and (f) of this chapter as specified in § 60.113b(d) of this chapter.

(i) At § 60.502a(c)(3)(i) of this chapter, replace “vapors displaced from gasoline cargo tanks during product loading” with “vapors from the gasoline storage vessel.”

(ii) Section 60.502a(c)(3)(vi) through (ix) of this chapter does not apply.

(e) Annual certification test. The annual certification test for gasoline cargo tanks shall consist of the following test methods and procedures:

(1) Method 27 of appendix A-8 to part 60 of this chapter. Conduct the test using a time period (t) for the pressure and vacuum tests of 5 minutes. The initial pressure (Pi) for the pressure test shall be 460 millimeters (mm) of water (H2O) (18 inches (in.) H2O), gauge. The initial vacuum (Vi) for the vacuum test shall be 150 mm H2O (6 in. H2O), gauge. Each owner or operator shall implement the requirements in paragraph (e)(1)(i) or (ii) of this section, as applicable in paragraph (e)(1)(iii) of this section.

(i) The maximum allowable pressure and vacuum changes (Δ p, Δ v) are as shown in the second column of table 1 to this paragraph (e)(1).

(ii) The maximum allowable pressure and vacuum changes (Δ p, Δ v) are as shown in the third column of table 1 to this paragraph (e)(1).

(iii) Compliance with the provisions of this section shall be achieved as expeditiously as practicable, but no later than the dates provided in paragraphs (e)(1)(iii)(A) and (B) of this section.

(A) For facilities that commenced construction on or before June 10, 2022, meet the requirements in paragraph (e)(1)(i) of this section prior to May 8, 2027, and meet the requirements in paragraph (e)(1)(ii) of this section no later than May 8, 2027.

(B) For facilities that commenced construction after June 10, 2022, meet the requirements in paragraph (e)(1)(ii) of this section upon startup or July 8, 2024, whichever is later.

Table 1 to Paragraph (e)(1)—Allowable Cargo Tank Test Pressure or Vacuum Change

Cargo tank or compartment capacity, liters (gal) Annual certification-
allowable pressure or
vacuum change
(Δ p, Δ v) in
5 minutes, mm H2O
(in. H2O)
Annual certification-
allowable pressure or
vacuum change
(Δ p, Δ v) in
5 minutes, mm H2O
(in. H2O)]
Allowable pressure
change (Δ p) in
5 minutes at any
time, mm H2O
(in. H2O)
9,464 or more (2,500 or more)25 (1.0)12.7 (0.50)64 (2.5)
9,463 to 5,678 (2,499 to 1,500)38 (1.5)19.1 (0.75)76 (3.0)
5,677 to 3,785 (1,499 to 1,000)51 (2.0)25.4 (1.00)89 (3.5)
3,784 or less (999 or less)64 (2.5)31.8 (1.25)102 (4.0)

(2) Pressure test of the cargo tank's internal vapor valve as follows:

(i) After completing the tests under paragraph (e)(1) of this section, use the procedures in Method 27 to repressurize the tank to 460 mm H2 O (18 in. H2 O), gauge. Close the tank's internal vapor valve(s), thereby isolating the vapor return line and manifold from the tank.

(ii) Relieve the pressure in the vapor return line to atmospheric pressure, then reseal the line. After 5 minutes, record the gauge pressure in the vapor return line and manifold. The maximum allowable 5-minute pressure increase is 130 mm H2 O (5 in. H2 O).

(f) Leak detection test. The leak detection test shall be performed using Method 21 of appendix A-7 to part 60 of this chapter. A vapor-tight gasoline cargo tank shall have no leaks at any time when tested according to the procedures in this paragraph (f).

(1) The instrument reading that defines a leak is 10,000 ppm (as propane). Use propane to calibrate the instrument, setting the span at the leak definition. The response time to 90 percent of the final stable reading shall be less than 8 seconds for the detector with the sampling line and probe attached.

(2) In addition to the procedures in Method 21, include the following procedures:

(i) Perform the test on each compartment during loading of that compartment or while the compartment is still under pressure.

(ii) To eliminate a positive instrument drift, the dwell time for each leak detection shall not exceed two times the instrument response time. Purge the instrument with ambient air between each leak detection. The duration of the purge shall be in excess of two instrument response times.

(iii) Attempt to block the wind from the area being monitored. Record the highest detector reading and location for each leak.

(g) Nitrogen pressure decay field test. For those cargo tanks with manifolded product lines, this test procedure shall be conducted on each compartment.

(1) Record the cargo tank capacity. Upon completion of the loading operation, record the total volume loaded. Seal the cargo tank vapor collection system at the vapor coupler. The sealing apparatus shall have a pressure tap. Open the internal vapor valve(s) of the cargo tank and record the initial headspace pressure. Reduce or increase, as necessary, the initial headspace pressure to 460 mm H2 O (18.0 in. H2 O), gauge by releasing pressure or by adding commercial grade nitrogen gas from a high pressure cylinder capable of maintaining a pressure of 2,000 psig.

(i) The cylinder shall be equipped with a compatible two-stage regulator with a relief valve and a flow control metering valve. The flow rate of the nitrogen shall be no less than 2 cfm. The maximum allowable time to pressurize cargo tanks with headspace volumes of 1,000 gallons or less to the appropriate pressure is 4 minutes. For cargo tanks with a headspace of greater than 1,000 gallons, use as a maximum allowable time to pressurize 4 minutes or the result from the equation below, whichever is greater.

T = Vh × 0.004 where: T = maximum allowable time to pressurize the cargo tank, min; Vh = cargo tank headspace volume during testing, gal.

(2) It is recommended that after the cargo tank headspace pressure reaches approximately 460 mm H2 O (18 in. H20), gauge, a fine adjust valve be used to adjust the headspace pressure to 460 mm H2 O (18.0 in. H2 O), gauge for the next 30 ±5 seconds.

(3) Reseal the cargo tank vapor collection system and record the headspace pressure after 1 minute. The measured headspace pressure after 1 minute shall be greater than the minimum allowable final headspace pressure (PF) as calculated from the following equation:

where: (PF) = minimum allowable final headspace pressure, in. H2 O, gauge; Vs = total cargo tank shell capacity, gal; Vh = cargo tank headspace volume after loading, gal; 18.0 = initial pressure at start of test, in. H2 O, gauge; N = 5-minute continuous performance standard at any time from the fourth column of table 1 to paragraph (e)(1) of this section, inches H2O.

(4) Conduct the internal vapor valve portion of this test by repressurizing the cargo tank headspace with nitrogen to 460 mm H2 O (18 in. H2 O), gauge. Close the internal vapor valve(s), wait for 30 ±5 seconds, then relieve the pressure downstream of the vapor valve in the vapor collection system to atmospheric pressure. Wait 15 seconds, then reseal the vapor collection system. Measure and record the pressure every minute for 5 minutes. Within 5 seconds of the pressure measurement at the end of 5 minutes, open the vapor valve and record the headspace pressure as the “final pressure.”

(5) If the decrease in pressure in the vapor collection system is less than at least one of the interval pressure change values in Table 3 of this paragraph, or if the final pressure is equal to or greater than 20 percent of the 1-minute final headspace pressure determined in the test in paragraph (g)(3) of this section, then the cargo tank is considered to be a vapor-tight gasoline cargo tank.

Table 3—Pressure Change for Internal Vapor Valve Test

Time interval Interval pressure change, mm H2 O (in. H2 O)
After 1 minute28 (1.1)
After 2 minutes56 (2.2)
After 3 minutes84 (3.3)
After 4 minutes112 (4.4)
After 5 minutes140 (5.5)

(h) Continuous performance pressure decay test. The continuous performance pressure decay test shall be performed using Method 27 in appendix A to part 60 of this chapter. Conduct only the positive pressure test using a time period (t) of 5 minutes. The initial pressure (Pi) shall be 460 mm H2O (18 in. H2O), gauge. The maximum allowable 5-minute pressure change (Δ p) which shall be met at any time is shown in the fourth column of table 1 to paragraph (e)(1) of this section.

(i) Railcar bubble leak test procedures. As an alternative to paragraph (e) of this section for annual certification leakage testing of gasoline cargo tanks, the owner or operator may comply with paragraphs (i)(1) and (2) of this section for railcar gasoline cargo tanks, provided the railcar tank meets the requirement in paragraph (i)(3) of this section.

(1) Comply with the requirements of 49 CFR 173.31(d), 179.7, 180.509, and 180.511 for the testing of railcar gasoline cargo tanks.

(2) The leakage pressure test procedure required under 49 CFR 180.509(j) and used to show no indication of leakage under 49 CFR 180.511(f) shall be ASTM E 515-95 (incorporated by reference, see § 63.14), BS EN 1593:1999 (incorporated by reference, see § 63.14), or another bubble leak test procedure meeting the requirements in 49 CFR 179.7, 180.505, and 180.509.

(3) The alternative requirements in this paragraph (i) may not be used for any railcar gasoline cargo tank that collects gasoline vapors from a vapor balance system permitted under or required by a Federal, State, local, or tribal agency. A vapor balance system is a piping and collection system designed to collect gasoline vapors displaced from a storage vessel, barge, or other container being loaded, and routes the displaced gasoline vapors into the railcar gasoline cargo tank from which liquid gasoline is being unloaded.

(j) LEL monitoring procedures. Compliance with the vapor concentration below the LEL level for internal floating roof storage vessels at § 63.423(b)(2) shall be determined based on the procedures specified in paragraphs (j)(1) through (5) of this section. If tubing is necessary to obtain the measurements, the tubing must be non-crimping and made of Teflon or other inert material.

(1) LEL monitoring must be conducted at least once every 12 months and at other times upon request by the Administrator. If the measurement cannot be performed due to wind speeds exceeding those specified in paragraph (j)(3)(iii) of this section, the measurement must be performed within 30 days of the previous attempt.

(2) The calibration of the LEL meter must be checked per manufacturer specifications immediately before and after the measurements as specified in paragraphs (j)(2)(i) and (ii) of this section. If tubing will be used for the measurements, the tubing must be attached during calibration so that the calibration gas travels through the entire measurement system.

(i) Conduct the span check using a calibration gas recommended by the LEL meter manufacturer. The calibration gas must contain a single hydrocarbon at a concentration corresponding to 50 percent of the LEL (e.g., 2.50 percent by volume when using methane as the calibration gas). The vendor must provide a Certificate of Analysis for the gas, and the certified concentration must be within ±2 percent (e.g., 2.45 percent—2.55 percent by volume when using methane as the calibration gas). The LEL span response must be between 49 percent and 51 percent. If the span check prior to the measurements does not meet this requirement, the LEL meter must be recalibrated or replaced. If the span check after the measurements does not meet this requirement, the LEL meter must be recalibrated or replaced, and the measurements must be repeated.

(ii) Check the instrumental offset response using a certified compressed gas cylinder of zero air or an ambient environment that is free of organic compounds. The pre-measurement instrumental offset response must be 0 percent LEL. If the LEL meter does not meet this requirement, the LEL meter must be recalibrated or replaced.

(3) Conduct the measurements as specified in paragraphs (j)(3)(i) through (iv) of this section.

(i) Measurements of the vapors within the internal floating roof storage vessel must be collected no more than 3 feet above the internal floating roof.

(ii) Measurements shall be taken for a minimum of 20 minutes, logging the measurements at least once every 15 seconds, or until one 5-minute average as determined according to paragraph (j)(5)(ii) of this section exceeds the level specified in § 63.423(b)(2).

(iii) Measurements shall be taken when the wind speed at the top of the tank is 5 mph or less to the extent practicable, but in no case shall measurements be taken when the sustained wind speed at top of tank is greater than the annual average wind speed at the site or 15 mph, whichever is less.

(iv) Measurements should be conducted when the internal floating roof is floating with limited product movement (limited filling or emptying of the tank).

(4) To determine the actual vapor concentration within the storage vessel, the percent of the LEL “as the calibration gas” must be corrected according to one of the following procedures. Alternatively, if the LEL meter used has correction factors that can be selected from the meter's program, you may enable this feature to automatically apply one of the correction factors specified in paragraphs (j)(4)(i) and (ii) of this section.

(i) Multiply the measurement by the published gasoline vapor correction factor for the specific LEL meter and calibration gas used.

(ii) If there is no published correction factor for gasoline vapors for the specific LEL meter used, multiply the measurement by the published correction factor for butane as a surrogate for determining the LEL of gasoline vapors. The correction factor must correspond to the calibration gas used.

(5) Use the calculation procedures in paragraphs (j)(5)(i) through (iii) of this section to determine compliance with the LEL level.

(i) For each minute while measurements are being taken, determine the one-minute average reading as the arithmetic average of the corrected individual measurements (taken at least once every 15 seconds) during the minute.

(ii) Starting with the end of the fifth minute of data, calculate a five-minute rolling average as the arithmetic average of the previous five one-minute readings determined under paragraph (j)(5)(i) of this section. Determine a new five-minute average reading for every subsequent one-minute reading.

(iii) Each five-minute rolling average must meet the LEL level specified in § 63.423(b)(2).

[59 FR 64318, Dec. 14, 1994; 60 FR 7627, Feb. 8, 1995; 60 FR 32913, June 26, 1995; 68 FR 70965, Dec. 19, 2003; 89 FR 39361, May 8, 2024]
§ 63.426 - Alternative means of emission limitation.

For determining the acceptability of alternative means of emission limitation for storage vessels under § 63.423, the provisions of § 60.114b of this chapter apply.

§ 63.427 - Continuous monitoring.
Link to an amendment published at 89 FR 39363, May 8, 2024.

(a) Each owner or operator of a bulk gasoline terminal subject to the provisions in § 63.422(b)(1) shall install, calibrate, certify, operate, and maintain, according to the manufacturer's specifications, a continuous monitoring system (CMS) as specified in paragraph (a)(1), (2), (3), or (4) of this section, except as allowed in paragraph (a)(5) of this section.

(1) Where a carbon adsorption system is used, a continuous emission monitoring system (CEMS) capable of measuring organic compound concentration shall be installed in the exhaust air stream.

(2) Where a refrigeration condenser system is used, a continuous parameter monitoring system (CPMS) capable of measuring temperature shall be installed immediately downstream from the outlet to the condenser section. Alternatively, a CEMS capable of measuring organic compound concentration may be installed in the exhaust air stream.

(3) Where a thermal oxidation system is used, a CPMS capable of measuring temperature must be installed in the firebox or in the ductwork immediately downstream from the firebox in a position before any substantial heat exchange occurs.

(4) Where a flare meeting the requirements in § 63.11(b) is used, a heat-sensing device, such as an ultraviolet beam sensor or a thermocouple, must be installed in proximity to the pilot light to indicate the presence of a flame.

(5) Monitoring an alternative operating parameter or a parameter of a vapor processing system other than those listed in this paragraph will be allowed upon demonstrating to the Administrator's satisfaction that the alternative parameter demonstrates continuous compliance with the emission standard in § 63.422(b) or § 60.112b(a)(3)(ii) of this chapter.

(b) Each owner or operator of a bulk gasoline terminal subject to the provisions in § 63.422(b)(1) shall operate the vapor processing system in a manner not to exceed the operating parameter value for the parameter described in paragraphs (a)(1) and (2) of this section, or to go below the operating parameter value for the parameter described in paragraph (a)(3) of this section, and established using the procedures in § 63.425(b). In cases where an alternative parameter pursuant to paragraph (a)(5) of this section is approved, each owner or operator shall operate the vapor processing system in a manner not to exceed or not to go below, as appropriate, the alternative operating parameter value. Operation of the vapor processing system in a manner exceeding or going below the operating parameter value, as specified above, shall constitute a violation of the emission standard in § 63.422(b)(1).

(c) Except as provided in paragraph (f) of this section, each owner or operator of a bulk gasoline terminal subject to the provisions in § 63.422(b)(2) shall install, calibrate, certify, operate, and maintain a CMS as specified in § 60.504a(a) through (d) of this chapter, as applicable. You may use the limited alternative monitoring methods as specified in § 60.504a(e) of this chapter, if applicable.

(d) Each owner or operator of a bulk gasoline terminal subject to the provisions in § 63.422(b)(2) shall operate the vapor processing system in a manner consistent with the minimum and/or maximum operating parameter value or procedures described in §§ 60.502a(a) and (c) and 60.504a(a) and (c) of this chapter. Operation of the vapor processing system in a manner that constitutes a period of excess emissions or failure to perform procedures required shall constitute a deviation of the emission standard in § 63.422(b)(2).

(e) Each owner or operator of gasoline storage vessels subject to the provisions of § 63.423 shall comply with the monitoring requirements in § 60.116b of this chapter, except records shall be kept for at least 5 years. If a closed vent system and control device are used, as specified in § 60.112b(a)(3) of this chapter, to comply with the requirements in § 63.423, the owner or operator shall also comply with the requirements in paragraph (e)(1) or (2) of this section, as applicable.

(1) If the gasoline storage vessel is subject to the provision in § 63.423(a) or if the gasoline storage vessel is subject to the provision in § 63.423(b) and a control device other than a flare is used for the gasoline storage vessel, the owner or operator shall also comply with the requirements in paragraph (a) of this section.

(2) If the gasoline storage vessel is subject to the provision in § 63.423(b) and a flare is used as the control device for the affected gasoline storage vessel, you must comply with the monitoring requirements in § 60.504a(c) of this chapter.

(f) As an alternative to the pressure monitoring requirements in § 60.504a(d) of this chapter, you may comply with the pressure monitoring requirements in § 60.503(d) of this chapter during any performance test or performance evaluation conducted under § 63.425(c) to demonstrate compliance with the provisions in § 60.502a(h) of this chapter.

[59 FR 46350, Sept. 8, 1994, as amended at 68 FR 70966, Dec. 19, 2003; 89 FR 39363, May 8, 2024]
§ 63.428 - Recordkeeping and reporting.

(a) The initial notifications required for existing affected sources under § 63.9(b)(2) shall be submitted by 1 year after an affected source becomes subject to the provisions of this subpart or by December 16, 1996, whichever is later. Affected sources that are major sources on December 16, 1996, and plan to be area sources by December 15, 1997, shall include in this notification a brief, non-binding description of and schedule for the action(s) that are planned to achieve area source status.

(b) Each owner or operator of a bulk gasoline terminal subject to the provisions of this subpart shall keep records in either hardcopy or electronic form of the test results for each gasoline cargo tank loading at the facility for at least 5 years as specified in paragraphs (b)(1) through (3) of this section. Each owner or operator of a bulk gasoline terminal subject to the provisions of this subpart shall keep records for at least 5 years as specified in paragraphs (b)(4) and (5) of this section.

(1) Annual certification testing performed under § 63.425(e) and railcar bubble leak testing performed under § 63.425(i); and

(2) Continuous performance testing performed at any time at that facility under § 63.425(f), (g), and (h).

(3) The documentation file shall be kept up-to-date for each gasoline cargo tank loading at the facility. The documentation for each test shall include, as a minimum, the following information:

(i) Name of test: Annual Certification Test—Method 27 (§ 63.425(e)(1)); Annual Certification Test—Internal Vapor Valve (§ 63.425(e)(2)); Leak Detection Test (§ 63.425(f)); Nitrogen Pressure Decay Field Test (§ 63.425(g)); Continuous Performance Pressure Decay Test (§ 63.425(h)); or Railcar Bubble Leak Test Procedure (§ 63.425(i)).

(ii) Cargo tank owner's name and address.

(iii) Cargo tank identification number.

(iv) Test location and date.

(v) Tester name and signature.

(vi) Witnessing inspector, if any: Name, signature, and affiliation.

(vii) Vapor tightness repair: Nature of repair work and when performed in relation to vapor tightness testing.

(viii) Test results: tank or compartment capacity; test pressure; pressure or vacuum change, mm of water; time period of test; number of leaks found with instrument; and leak definition.

(4) Records of each instance in which liquid product was loaded into a gasoline cargo tank for which vapor tightness documentation required under § 60.502(e)(1) or § 60.502a(e)(1) of this chapter, as applicable, was not provided or available in the terminal's records. These records shall include, at a minimum:

(i) Cargo tank owner and address.

(ii) Cargo tank identification number.

(iii) Date and time liquid product was loaded into a gasoline cargo tank without proper documentation.

(iv) Date proper documentation was received or statement that proper documentation was never received.

(5) Records of each instance when liquid product was loaded into gasoline cargo tanks not using submerged filling, as defined in § 63.421, not equipped with vapor collection equipment that is compatible with the terminal's vapor collection system, or not properly connected to the terminal's vapor collection system. These records shall include, at a minimum:

(i) Date and time of liquid product loading into gasoline cargo tank not using submerged filling, improperly equipped or improperly connected.

(ii) Type of deviation (e.g., not submerged filling, incompatible equipment, not properly connected).

(iii) Cargo tank identification number.

(c) Each owner or operator of a bulk gasoline terminal subject to the provisions in § 63.422(b)(1) shall:

(1) Keep an up-to-date, readily accessible record of the continuous monitoring data required under § 63.427(a). This record shall indicate the time intervals during which loadings of gasoline cargo tanks have occurred or, alternatively, shall record the operating parameter data only during such loadings. The date and time of day shall also be indicated at reasonable intervals on this record.

(2) Record and report simultaneously with the notification of compliance status required under § 63.9(h):

(i) All data and calculations, engineering assessments, and manufacturer's recommendations used in determining the operating parameter value under § 63.425(b); and

(ii) The following information when using a flare under provisions of § 63.11(b) to comply with § 63.422(b):

(A) Flare design (i.e., steam-assisted, air-assisted, or non-assisted); and

(B) All visible emissions readings, heat content determinations, flow rate measurements, and exit velocity determinations made during the compliance determination required under § 63.425(b).

(3) If an owner or operator requests approval to use a vapor processing system or monitor an operating parameter other than those specified in § 63.427(a), the owner or operator shall submit a description of planned reporting and recordkeeping procedures. The Administrator will specify appropriate reporting and recordkeeping requirements as part of the review of the permit application.

(4) Keep written procedures required under § 63.8(d)(2) on record for the life of the affected source or until the affected source is no longer subject to the provisions of this part, to be made available for inspection, upon request, by the Administrator. If the performance evaluation plan is revised, you shall keep previous (i.e., superseded) versions of the performance evaluation 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. The program of corrective action shall be included in the plan as required under § 63.8(d)(2).

(d) Each owner or operator of a bulk gasoline terminal subject to the provisions in § 63.422(b)(2) shall keep records as specified in paragraphs (d)(1) through (4) of this section, as applicable, for a minimum of five years unless otherwise specified in this section:

(1) For each thermal oxidation system used to comply with the emission limitations in § 63.422(b)(2) by monitoring the combustion zone temperature as specified in § 60.502a(c)(1)(ii) of this chapter, for each pressure CPMS used to comply with the requirements in § 60.502a(h) of this chapter, and for each vapor recovery system used to comply with the emission limitations in § 63.422(b)(2), maintain records, as applicable, of:

(i) The applicable operating or emission limit for the CMS. For combustion zone temperature operating limits, include the applicable date range the limit applies based on when the performance test was conducted.

(ii) Each 3-hour rolling average combustion zone temperature measured by the temperature CPMS, each 5-minute average reading from the pressure CPMS, and each 3-hour rolling average total organic compounds (TOC) concentration (as propane) measured by the TOC CEMS.

(iii) For each deviation of the 3-hour rolling average combustion zone temperature operating limit, maximum loading pressure specified in § 60.502a(h) of this chapter, or 3-hour rolling average TOC concentration (as propane), the start date and time, duration, cause, and the corrective action taken.

(iv) For each period when there was a CMS outage or the CMS was out of control, the start date and time, duration, cause, and the corrective action taken. For TOC CEMS outages where the limited alternative for vapor recovery systems in § 60.504a(e) of this chapter is used, the corrective action taken shall include an indication of the use of the limited alternative for vapor recovery systems in § 60.504a(e).

(v) Each inspection or calibration of the CMS including a unique identifier, make, and model number of the CMS, and date of calibration check. For TOC CEMS, include the type of CEMS used (i.e., flame ionization detector, nondispersive infrared analyzer) and an indication of whether methane is excluded from the TOC concentration reported in paragraph (d)(1)(ii) of this section.

(vi) TOC CEMS outages where the limited alternative for vapor recovery systems in § 60.504a(e) of this chapter is used, also keep records of:

(A) The quantity of liquid product loaded in gasoline cargo tanks for the past 10 adsorption cycles prior to the CEMS outage.

(B) The vacuum pressure, purge gas quantities, and duration of the vacuum/purge cycles used for the past 10 desorption cycles prior to the CEMS outage.

(C) The quantity of liquid product loaded in gasoline cargo tanks for each adsorption cycle while using the alternative.

(D) The vacuum pressure, purge gas quantities, and duration of the vacuum/purge cycles for each desorption cycle while using the alternative.

(2) For each flare used to comply with the emission limitations in § 63.422(b)(2) and for each thermal oxidation system using the flare monitoring alternative as provided in § 60.502a(c)(1)(iii) of this chapter, maintain records of:

(i) The output of the monitoring device used to detect the presence of a pilot flame as required in § 63.670(b) for a minimum of 2 years. Retain records of each 15-minute block during which there was at least one minute that no pilot flame is present when gasoline vapors were routed to the flare for a minimum of 5 years. The record must identify the start and end time and date of each 15-minute block.

(ii) Visible emissions observations as specified in paragraphs (d)(2)(ii)(A) and (B) of this section, as applicable, for a minimum of 3 years.

(A) If visible emissions observations are performed using Method 22 of appendix A-7 to part 60 of this chapter, the record must identify the date, the start and end time of the visible emissions observation, and the number of minutes for which visible emissions were observed during the observation. If the owner or operator performs visible emissions observations more than one time during a day, include separate records for each visible emissions observation performed.

(B) For each 2-hour period for which visible emissions are observed for more than 5 minutes in 2 consecutive hours but visible emissions observations according to Method 22 of appendix A-7 to part 60 of this chapter were not conducted for the full 2-hour period, the record must include the date, the start and end time of the visible emissions observation, and an estimate of the cumulative number of minutes in the 2-hour period for which emissions were visible based on best information available to the owner or operator.

(iii) Each 15-minute block period during which operating values are outside of the applicable operating limits specified in § 63.670(d) through (f) when liquid product is being loaded into gasoline cargo tanks for at least 15-minutes identifying the specific operating limit that was not met.

(iv) The 15-minute block average cumulative flows for the thermal oxidation system vent gas or flare vent gas and, if applicable, total steam, perimeter assist air, and premix assist air specified to be monitored under § 63.670(i), along with the date and start and end time for the 15-minute block. If multiple monitoring locations are used to determine cumulative vent gas flow, total steam, perimeter assist air, and premix assist air, retain records of the 15-minute block average flows for each monitoring location for a minimum of 2 years, and retain the 15-minute block average cumulative flows that are used in subsequent calculations for a minimum of 5 years. If pressure and temperature monitoring is used, retain records of the 15-minute block average temperature, pressure and molecular weight of the thermal oxidation system vent gas, flare vent gas, or assist gas stream for each measurement location used to determine the 15-minute block average cumulative flows for a minimum of 2 years, and retain the 15-minute block average cumulative flows that are used in subsequent calculations for a minimum of 5 years. If you use the supplemental gas flow rate monitoring alternative in § 60.502a(c)(3)(viii) of this chapter, the required supplemental gas flow rate (winter and summer, if applicable) and the actual monitored supplemental gas flow rate for the 15-minute block. Retain the supplemental gas flow rate records for a minimum of 5 years.

(v) The thermal oxidation system vent gas or flare vent gas compositions specified to be monitored under § 63.670(j). Retain records of individual component concentrations from each compositional analyses for a minimum of 2 years. If NHVvg analyzer is used, retain records of the 15-minute block average values for a minimum of 5 years. If you demonstrate your gas streams have consistent composition using the provisions in § 63.670(j)(6) as specified in § 60.502a(c)(3)(vii) of this chapter, retain records of the required minimum ratio of gasoline loaded to total liquid product loaded and the actual ratio on a 15-minute block basis. If applicable, you must retain records of the required minimum gasoline loading rate as specified in § 60.502a(c)(3)(vii) and the actual gasoline loading rate on a 15-minute block basis for a minimum of 5 years.

(vi) Each 15-minute block average operating parameter calculated following the methods specified in § 63.670(k) through (n), as applicable.

(vii) All periods during which the owner or operator does not perform monitoring according to the procedures in § 63.670(g), (i), and (j) or in § 60.502a(c)(3)(vii) and (viii) of this chapter as applicable. Note the start date, start time, and duration in minutes for each period.

(viii) An indication of whether “vapors displaced from gasoline cargo tanks during product loading” excludes periods when liquid product is loaded but no gasoline cargo tanks are being loaded or if liquid product loading is assumed to be loaded into gasoline cargo tanks according to the provisions in § 60.502a(c)(3)(i) of this chapter, records of all time periods when “vapors displaced from gasoline cargo tanks during product loading”, and records of time periods when there were no “vapors displaced from gasoline cargo tanks during product loading”.

(ix) If you comply with the flare tip velocity operating limit using the one-time flare tip velocity operating limit compliance assessment as provided in § 60.502a(c)(3)(ix) of this chapter, maintain records of the applicable one-time flare tip velocity operating limit compliance assessment for as long as you use this compliance method.

(x) For each parameter monitored using a CMS, retain the records specified in paragraphs (d)(2)(x)(A) through (C) of this section, as applicable:

(A) For each deviation, record the start date and time, duration, cause, and corrective action taken.

(B) For each period when there is a CMS outage or the CMS is out of control, record the start date and time, duration, cause, and corrective action taken.

(C) Each inspection or calibration of the CMS including a unique identifier, make, and model number of the CMS, and date of calibration check.

(3) Records of all 5-minute time periods during which liquid product is loaded into gasoline cargo tanks or assumed to be loaded into gasoline cargo tanks and records of all 5-minute time periods when there was no liquid product loaded into gasoline cargo tanks.

(4) Keep written procedures required under § 63.8(d)(2) on record for the life of the affected source or until the affected source is no longer subject to the provisions of this part, to be made available for inspection, upon request, by the Administrator. If the performance evaluation plan is revised, you shall keep previous (i.e., superseded) versions of the performance evaluation 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. The program of corrective action shall be included in the plan as required under § 63.8(d)(2).

(e) Each owner or operator of storage vessels subject to the provisions of this subpart shall keep records as specified in § 60.115b of this chapter, except records shall be kept for at least 5 years. Additionally, for each storage vessel complying with the provisions in § 63.423(b)(2), keep records of each LEL monitoring event as specified in paragraphs (e)(1) through (9) of this section.

(1) Date and time of the LEL monitoring, and the storage vessel being monitored.

(2) A description of the monitoring event (e.g., monitoring conducted concurrent with visual inspection required under § 60.113b(a)(2) of this chapter or § 63.1063(d)(2); monitoring that occurred on a date other than the visual inspection required under § 60.113b(a)(2) or § 63.1063(d)(2); re-monitoring due to high winds; re-monitoring after repair attempt).

(3) Wind speed at the top of the storage vessel on the date of LEL monitoring.

(4) The LEL meter manufacturer and model number used, as well as an indication of whether tubing was used during the LEL monitoring, and if so, the type and length of tubing used.

(5) Calibration checks conducted before and after making the measurements, including both the span check and instrumental offset. This includes the hydrocarbon used as the calibration gas, the Certificate of Analysis for the calibration gas(es), the results of the calibration check, and any corrective action for calibration checks that do not meet the required response.

(6) Location of the measurements and the location of the floating roof.

(7) Each measurement (taken at least once every 15 seconds). The records should indicate whether the recorded values were automatically corrected using the meter's programming. If the values were not automatically corrected, record both the raw (as the calibration gas) and corrected measurements, as well as the correction factor used.

(8) Each 5-minute rolling average reading.

(9) If the vapor concentration of the storage vessel was above 25 percent of the LEL on a 5-minue rolling average basis, a description of whether the floating roof was repaired, replaced, or taken out of gasoline service.

(f) Each owner or operator complying with the provisions of § 63.424 shall keep records of the information in paragraphs (f)(1) and (2) of this section.

(1) Each owner or operator complying with the provisions of § 63.424(b) shall record the following information in the logbook for each leak that is detected:

(i) The equipment type and identification number;

(ii) The nature of the leak (i.e., vapor or liquid) and the method of detection (i.e., sight, sound, or smell);

(iii) The date the leak was detected and the date of each attempt to repair the leak;

(iv) Repair methods applied in each attempt to repair the leak;

(v) “Repair delayed” and the reason for the delay if the leak is not repaired within 15 calendar days after discovery of the leak;

(vi) The expected date of successful repair of the leak if the leak is not repaired within 15 days; and

(vii) The date of successful repair of the leak.

(2) Each owner or operator complying with the provisions of § 63.424(c) or § 60.503a(a)(2) of this chapter shall keep records of the following information:

(i) Types, identification numbers, and locations of all equipment in gasoline service.

(ii) For each leak inspection conducted under § 63.424(c) or § 60.503a(a)(2) of this chapter, keep the following records:

(A) An indication if the leak inspection was conducted under § 63.424(c) or § 60.503a(a)(2) of this chapter.

(B) Leak determination method used for the leak inspection.

(iii) For leak inspections conducted with Method 21 of appendix A-7 to part 60 of this chapter, keep the following additional records:

(A) Date of inspection.

(B) Inspector name.

(C) Monitoring instrument identification.

(D) Identification of all equipment surveyed and the instrument reading for each piece of equipment.

(E) Date and time of instrument calibration and initials of operator performing the calibration.

(F) Calibration gas cylinder identification, certification date, and certified concentration.

(G) Instrument scale used.

(H) Results of the daily calibration drift assessment.

(iv) For leak inspections conducted with OGI, keep the records specified in section 12 of appendix K to part 60 of this chapter.

(v) For each leak that is detected during a leak inspection or by audio/visual/olfactory methods during normal duties, record the following information:

(A) The equipment type and identification number.

(B) The date the leak was detected, the name of the person who found the leak, nature of the leak (i.e., vapor or liquid) and the method of detection (i.e., audio/visual/olfactory, Method 21 of appendix A-7 to part 60 of this chapter, or OGI).

(C) The date of each attempt to repair the leak and the repair methods applied in each attempt to repair the leak.

(D) The date of successful repair of the leak, the method of monitoring used to confirm the repair, and if Method 21 of appendix A-7 to part 60 of this chapter is used to confirm the repair, the maximum instrument reading measured by Method 21 of appendix A-7 to part 60. If OGI is used to confirm the repair, keep video footage of the repair confirmation.

(E) For each repair delayed beyond 15 calendar days after discovery of the leak, record “Repair delayed”, the reason for the delay, and the expected date of successful repair. The owner or operator (or designate) whose decision it was that repair could not be carried out in the 15-calendar day timeframe must sign the record.

(F) For each leak that is not repairable, the maximum instrument reading measured by Method 21 of appendix A-7 to part 60 of this chapter at the time the leak is determined to be not repairable, a video captured by the OGI camera showing that emissions are still visible, or a signed record that the leak is still detectable via audio/visual/olfactory methods.

(g) Each owner or operator of a bulk gasoline terminal or pipeline breakout station subject to the provisions of this subpart shall keep the following records for each deviation of an emissions limitation (including operating limit), work practice standard, or operation and maintenance requirement in this subpart.

(1) Date, start time, and duration of each deviation.

(2) List of the affected sources or equipment for each deviation, an estimate of the quantity of each regulated pollutant emitted over any emission limit and a description of the method used to estimate the emissions.

(3) Actions taken to minimize emissions.

(h) Any records required to be maintained by this subpart that are submitted electronically via the U.S. Environmental Protection Agency (EPA) Compliance and Emissions Data Reporting Interface (CEDRI) may be maintained in electronic format. This ability to maintain electronic copies does not affect the requirement for facilities to make records, data, and reports available upon request to a delegated authority or the EPA as part of an on-site compliance evaluation.

(i) Records of each performance test or performance evaluation conducted and each notification and report submitted to the Administrator for at least 5 years. For each performance test, include an indication of whether liquid product loading is assumed to be loaded into gasoline cargo tanks or periods when liquid product is loaded but no gasoline cargo tanks are being loaded are excluded in the determination of the combustion zone temperature operating limit according to the provision in § 60.503a(c)(8)(ii) of this chapter. If complying with the alternative in § 63.427(f), for each performance test or performance evaluation conducted, include the pressure every 5 minutes while a gasoline cargo tank is being loaded and the highest instantaneous pressure that occurs during each loading.

(j) Prior to November 4, 2024, each owner or operator of an affected source under this subpart shall submit performance test reports to the Administrator according to the requirements in § 63.13. Beginning on November 4, 2024, within 60 days after the date of completing each performance test and each CEMS performance evaluation required by this subpart, you must submit the results of the performance test following the procedure specified in § 63.9(k). As required by § 63.7(g)(2)(iv), you must include the value for the combustion zone temperature operating parameter limit set based on your performance test in the performance test report. If the monitoring alternative in § 63.427(f) is used, indicate that this monitoring alternative is being used, identify each loading rack that loads gasoline cargo tanks at the bulk gasoline terminal subject to the provisions of this subpart, and report the highest instantaneous pressure monitored during the performance test or performance evaluation for each identified loading rack. Data collected using test methods supported by the EPA's Electronic Reporting Tool (ERT) and performance evaluations of CEMS measuring RATA pollutants that are supported by the EPA's ERT as listed on the EPA's ERT website (https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert) at the time of the test or performance evaluation must be submitted in a file format generated using the EPA's ERT. Alternatively, you may submit an electronic file consistent with the extensible markup language (XML) schema listed on the EPA's ERT website. Data collected using test methods that are not supported by the EPA's ERT and performance evaluations of CEMS measuring RATA pollutants that are not supported by the EPA's ERT as listed on the EPA's ERT website at the time of the test must be included as an attachment in the ERT or alternate electronic file.

(k) The owner or operator must submit all Notification of Compliance Status reports in PDF format to the EPA following the procedure specified in § 63.9(k), except any medium submitted through mail must be sent to the attention of the Gasoline Distribution Sector Lead.

(l) Prior to May 8, 2027, each owner or operator of a source subject to the requirements of this subpart shall submit reports as specified in paragraphs (l)(1) through (5) of this section, as applicable.

(1) Each owner or operator subject to the provisions of § 63.424 shall report to the Administrator a description of the types, identification numbers, and locations of all equipment in gasoline service. For facilities electing to implement an instrument program under § 63.424(b)(4), the report shall contain a full description of the program.

(i) In the case of an existing source or a new source that has an initial startup date before December 14, 1994, the report shall be submitted with the notification of compliance status required under § 63.9(h), unless an extension of compliance is granted under § 63.6(i). If an extension of compliance is granted, the report shall be submitted on a date scheduled by the Administrator.

(ii) In the case of new sources that did not have an initial startup date before December 14, 1994, the report shall be submitted with the application for approval of construction, as described in § 63.5(d).

(2) Each owner or operator of a bulk gasoline terminal or pipeline breakout station subject to the provisions of this subpart shall include in a semiannual report to the Administrator the following information, as applicable:

(i) Each loading of a gasoline cargo tank for which vapor tightness documentation had not been previously obtained by the facility;

(ii) Periodic reports as specified in § 60.115b of this chapter; and

(iii) The number of equipment leaks not repaired within 5 days after detection.

(3) Each owner or operator of a bulk gasoline terminal or pipeline breakout station subject to the provisions of this subpart shall submit an excess emissions report to the Administrator in accordance with § 63.10(e)(3), whether or not a CMS is installed at the facility. The following occurrences are excess emissions events under this subpart, and the following information shall be included in the excess emissions report, as applicable:

(i) Each exceedance or failure to maintain, as appropriate, the monitored operating parameter value determined under § 63.425(b)(3). The report shall include the monitoring data for the days on which exceedances or failures to maintain have occurred, and a description and timing of the steps taken to repair or perform maintenance on the vapor collection and processing systems or the CMS.

(ii) Each instance of a nonvapor-tight gasoline cargo tank loading at the facility in which the owner or operator failed to take steps to assure that such cargo tank would not be reloaded at the facility before vapor tightness documentation for that cargo tank was obtained.

(iii) Each reloading of a nonvapor-tight gasoline cargo tank at the facility before vapor tightness documentation for that cargo tank is obtained by the facility in accordance with § 63.422(c).

(iv) For each occurrence of an equipment leak for which no repair attempt was made within 5 days or for which repair was not completed within 15 days after detection:

(A) The date on which the leak was detected;

(B) The date of each attempt to repair the leak;

(C) The reasons for the delay of repair; and

(D) The date of successful repair.

(4) Each owner or operator of a facility meeting the criteria in § 63.420(c) shall perform the requirements of this paragraph (l)(4), all of which will be available for public inspection:

(i) Document and report to the Administrator not later than December 16, 1996, for existing facilities, within 30 days for existing facilities subject to § 63.420(c) after December 16, 1996, or at startup for new facilities the methods, procedures, and assumptions supporting the calculations for determining criteria in § 63.420(c);

(ii) Maintain records to document that the facility parameters established under § 63.420(c) have not been exceeded; and

(iii) Report annually to the Administrator that the facility parameters established under § 63.420(c) have not been exceeded.

(iv) At any time following the notification required under paragraph (l)(4)(i) of this section and approval by the Administrator of the facility parameters, and prior to any of the parameters being exceeded, the owner or operator may submit a report to request modification of any facility parameter to the Administrator for approval. Each such request shall document any expected HAP emission change resulting from the change in parameter.

(5) Each owner or operator of a facility meeting the criteria in § 63.420(d) shall perform the requirements of this paragraph (l)(5), all of which will be available for public inspection:

(i) Document and report to the Administrator not later than December 16, 1996, for existing facilities, within 30 days for existing facilities subject to § 63.420(d) after December 16, 1996, or at startup for new facilities the use of the emission screening equations in § 63.420(a)(1) or (b)(1) and the calculated value of ET or EP;

(ii) Maintain a record of the calculations in § 63.420 (a)(1) or (b)(1), including methods, procedures, and assumptions supporting the calculations for determining criteria in § 63.420(d); and

(iii) At any time following the notification required under paragraph (l)(5)(i) of this section, and prior to any of the parameters being exceeded, the owner or operator may notify the Administrator of modifications to the facility parameters. Each such notification shall document any expected HAP emission change resulting from the change in parameter.

(m) On or after May 8, 2027, you must submit to the Administrator semiannual reports with the applicable information in paragraphs (m)(1) through (8) of this section following the procedure specified in paragraph (n) of this section.

(1) Report the following general facility information:

(i) Facility name.

(ii) Facility physical address, including city, county, and State.

(iii) Latitude and longitude of facility's physical location. Coordinates must be in decimal degrees with at least five decimal places.

(iv) The following information for the contact person:

(A) Name.

(B) Mailing address.

(C) Telephone number.

(D) Email address.

(v) The type of facility (bulk gasoline terminal or pipeline breakout station).

(vi) Date of report and beginning and ending dates of the reporting period. You are no longer required to provide the date of report when the report is submitted via CEDRI.

(vii) Statement by a responsible official, with that official's name, title, and signature, certifying the truth, accuracy, and completeness of the content of the report. If your report is submitted via CEDRI, the certifier's electronic signature during the submission process replaces the requirement in this paragraph (m)(1)(vii).

(2) For each thermal oxidation system used to comply with the emission limit in § 60.502a(c)(1) of this chapter by monitoring the combustion zone temperature as specified in § 60.502a(c)(1)(ii), for each pressure CPMS used to comply with the requirements in § 60.502a(h), and for each vapor recovery system used to comply with the emission limitations in § 60.502a(c)(2), report the following information for the CMS:

(i) For all instances when the temperature CPMS measured 3-hour rolling averages below the established operating limit or when the vapor collection system pressure exceeded the maximum loading pressure specified in § 60.502a(h) of this chapter when liquid product was being loaded into gasoline cargo tanks or when the TOC CEMS measured 3-hour rolling average concentrations higher than the applicable emission limitation when the vapor recovery system was operating:

(A) The date and start time of the deviation.

(B) The duration of the deviation in hours.

(C) Each 3-hour rolling average combustion zone temperature, average pressure, or 3-hour rolling average TOC concentration during the deviation. For TOC concentration, indicate whether methane is excluded from the TOC concentration.

(D) A unique identifier for the CMS.

(E) The make, model number, and date of last calibration check of the CMS.

(F) The cause of the deviation and the corrective action taken.

(ii) For all instances that the temperature CPMS for measuring the combustion zone temperature or pressure CPMS was not operating or out of control when liquid product was loaded into gasoline cargo tanks, or the TOC CEMS was not operating or was out of control when the vapor recovery system was operating:

(A) The date and start time of the deviation.

(B) The duration of the deviation in hours.

(C) A unique identifier for the CMS.

(D) The make, model number, and date of last calibration check of the CMS.

(E) The cause of the deviation and the corrective action taken. For TOC CEMS outages where the limited alternative for vapor recovery systems in § 60.504a(e) of this chapter is used, the corrective action taken shall include an indication of the use of the limited alternative for vapor recovery systems in § 60.504a(e).

(F) For TOC CEMS outages where the limited alternative for vapor recovery systems in § 60.504a(e) of this chapter is used, report either an indication that there were no deviations from the operating limits when using the limited alternative or report the number of each of the following types of deviations that occurred during the use of the limited alternative for vapor recovery systems in § 60.504a(e).

(1) The number of adsorption cycles when the quantity of liquid product loaded in gasoline cargo tanks exceeded the operating limit established in § 60.504a(e)(1) of this chapter. Enter 0 if no deviations of this type.

(2) The number of desorption cycles when the vacuum pressure was below the average vacuum pressure as specified in § 60.504a(e)(2)(i) of this chapter. Enter 0 if no deviations of this type.

(3) The number of desorption cycles when the quantity of purge gas used was below the average quantity of purge gas as specified in § 60.504a(e)(2)(ii) of this chapter. Enter 0 if no deviations of this type.

(4) The number of desorption cycles when the duration of the vacuum/purge cycle was less than the average duration as specified in § 60.504a(e)(2)(iii) of this chapter. Enter 0 if no deviations of this type.

(3) For each flare used to comply with the emission limitations in § 60.502a(c)(3) of this chapter and for each thermal oxidation system using the flare monitoring alternative as provided in § 60.502a(c)(1)(iii), report:

(i) The date and start and end times for each of the following instances:

(A) Each 15-minute block during which there was at least one minute when gasoline vapors were routed to the flare and no pilot flame was present.

(B) Each period of 2 consecutive hours during which visible emissions exceeded a total of 5 minutes. Additionally, report the number of minutes for which visible emissions were observed during the observation or an estimate of the cumulative number of minutes in the 2-hour period for which emissions were visible based on best information available to the owner or operator.

(C) Each 15-minute period for which the applicable operating limits specified in § 63.670(d) through (f) were not met. You must identify the specific operating limit that was not met. Additionally, report the information in paragraphs (m)(3)(i)(C)(1) through (3) of this section, as applicable.

(1) If you use the loading rate operating limits as determined in § 60.502a(c)(3)(vii) of this chapter alone or in combination with the supplemental gas flow rate monitoring alternative in § 60.502a(c)(3)(viii) of this chapter, the required minimum ratio and the actual ratio of gasoline loaded to total product loaded for the rolling 15-minute period and, if applicable, the required minimum quantity and the actual quantity of gasoline loaded, in gallons, for the rolling 15-minute period.

(2) If you use the supplemental gas flow rate monitoring alternative in § 60.502a(c)(3)(viii) of this chapter, the required minimum supplemental gas flow rate and the actual supplemental gas flow rate including units of flow rates for the 15-minute block.

(3) If you use parameter monitoring systems other than those specified in paragraphs (m)(3)(i)(C)(1) and (2) of this section, the value of the net heating value operating parameter(s) during the deviation determined following the methods in § 63.670(k) through (n) as applicable.

(ii) The start date, start time, and duration in minutes for each period when “vapors displaced from gasoline cargo tanks during product loading” were routed to the flare or thermal oxidation system and the applicable monitoring was not performed.

(iii) For each instance reported under paragraphs (m)(3)(i) and (ii) of this section that involves CMS, report the following information:

(A) A unique identifier for the CMS.

(B) The make, model number, and date of last calibration check of the CMS.

(C) The cause of the deviation or downtime and the corrective action taken.

(4) For any instance in which liquid product was loaded into a gasoline cargo tank for which vapor tightness documentation required under § 60.502a(e)(1) of this chapter was not provided or available in the terminal's records, report:

(i) Cargo tank owner and address.

(ii) Cargo tank identification number.

(iii) Date and time liquid product was loaded into a gasoline cargo tank without proper documentation.

(iv) Date proper documentation was received or statement that proper documentation was never received.

(5) For each instance when liquid product was loaded into gasoline cargo tanks not using submerged filling, as defined in § 63.421, not equipped with vapor collection equipment that is compatible with the terminal's vapor collection system, or not properly connected to the terminal's vapor collection system, report:

(i) Date and time of liquid product loading into gasoline cargo tank not using submerged filling, improperly equipped, or improperly connected.

(ii) The type of deviation (e.g., not submerged filling, incompatible equipment, not properly connected).

(iii) Cargo tank identification number.

(6) Report the following information for each leak inspection required and each leak identified under § 63.424(c) and § 60.503a(a)(2) of this chapter.

(i) For each leak detected during a leak inspection required under § 63.424(c) and § 60.503a(a)(2) of this chapter, report:

(A) The date of inspection.

(B) The leak determination method (OGI or Method 21).

(C) The total number and type of equipment for which leaks were detected.

(D) The total number and type of equipment for which leaks were repaired within 15 calendar days.

(E) The total number and type of equipment for which no repair attempt was made within 5 calendar days of the leaks being identified.

(F) The total number and types of equipment that were placed on the delay of repair, as specified in § 60.502a(j)(8) of this chapter.

(ii) For leaks identified under § 63.424(c) by audio/visual/olfactory methods during normal duties report:

(A) The total number and type of equipment for which leaks were identified.

(B) The total number and type of equipment for which leaks were repaired within 15 calendar days.

(C) The total number and type of equipment for which no repair attempt was made within 5 calendar days of the leaks being identified.

(D) The total number and type of equipment placed on the delay of repair, as specified in § 60.502a(j)(8) of this chapter.

(iii) The total number of leaks on the delay of repair list at the start of the reporting period.

(iv) The total number of leaks on the delay of repair list at the end of the reporting period.

(v) For each leak that was on the delay of repair list at any time during the reporting period, report:

(A) Unique equipment identification number.

(B) Type of equipment.

(C) Leak determination method (OGI, Method 21, or audio/visual/olfactory).

(D) The reason(s) why the repair was not feasible within 15 calendar days.

(E) If applicable, the date repair was completed.

(7) For each gasoline storage vessel subject to requirements in § 63.423, report:

(i) The information specified in § 60.115b(a) or (b) of this chapter or deviations in measured parameter values from the plan specified in § 60.115b(c) of this chapter, depending upon the control equipment installed, or, if applicable, the information specified in § 63.1066(b).

(ii) If you are complying with § 63.423(b)(2), for each deviation in LEL monitoring, report:

(A) Date and start and end times of the LEL monitoring, and the storage vessel being monitored.

(B) Description of the monitoring event, e.g., monitoring conducted concurrent with visual inspection required under § 60.113b(a)(2) of this chapter or § 63.1063(d)(2); monitoring that occurred on a date other than the visual inspection required under § 60.113b(a)(2) or § 63.1063(d)(2); re-monitoring due to high winds; re-monitoring after repair attempt.

(C) Wind speed in miles per hour at the top of the storage vessel on the date of LEL monitoring.

(D) The highest 5-minute rolling average reading during the monitoring event.

(E) Whether the floating roof was repaired, replaced, or taken out of gasoline service. If the floating roof was repaired or replaced, also report the information in paragraphs (m)(7)(ii)(A) through (D) of this section for each re-monitoring conducted to confirm the repair.

(8) If there were no deviations from the emission limitations, operating parameters, or work practice standards, then provide a statement that there were no deviations from the emission limitations, operating parameters, or work practice standards during the reporting period. If there were no periods during which a continuous monitoring system (including a CEMS or CPMS) was inoperable or out-of-control, then provide a statement that there were no periods during which a continuous monitoring system was inoperable or out-of-control during the reporting period.

(n) Each owner or operator of an affected source under this subpart shall submit semiannual compliance reports with the information specified in paragraph (l) or (m) of this section to the Administrator according to the requirements in § 63.13. Beginning on May 8, 2027, or once the report template for this subpart has been available on the CEDRI website (https://www.epa.gov/electronic-reporting-air-emissions/cedri) for one year, whichever date is later, you must submit all subsequent semiannual compliance reports using the appropriate electronic report template on the CEDRI website for this subpart and following the procedure specified in § 63.9(k), except any medium submitted through mail must be sent to the attention of the Gasoline Distribution Sector Lead. The date report templates become available will be listed on the CEDRI website. Unless the Administrator or delegated State agency or other authority has approved a different schedule for submission of reports, the report must be submitted by the deadline specified in this subpart, regardless of the method in which the report is submitted.

[89 FR 39364, May 8, 2024]
§ 63.429 - Implementation and enforcement.
Link to an amendment published at 89 FR 39370, May 8, 2024.

(a) This subpart can be implemented and enforced by the U.S. EPA, or a delegated authority such as the applicable State, local, or Tribal agency. If the U.S. EPA Administrator has delegated authority to a State, local, or Tribal agency, then that agency, in addition to the U.S. EPA, has the authority to implement and enforce this subpart. Contact the applicable U.S. EPA Regional Office to find out if implementation and enforcement of this subpart is delegated to a State, local, or Tribal agency.

(b) In delegating implementation and enforcement authority of this subpart to a State, local, or Tribal agency under subpart E of this part, the authorities contained in paragraph (c) of this section are retained by the Administrator of U.S. EPA and cannot be transferred to the State, local, or Tribal agency.

(c) The authorities that cannot be delegated to State, local, or Tribal agencies are as specified in paragraphs (c)(1) through (5) of this section.

(1) Approval of alternatives to the requirements in §§ 63.420, 63.422 through 63.423, and 63.424. Any owner or operator requesting to use an alternative means of emission limitation for storage vessels covered by § 63.423 must follow the procedures in § 63.426.

(2) Approval of major alternatives to test methods under § 63.7(e)(2)(ii) and (f), as defined in § 63.90, and as required in this subpart.

(3) Approval of major alternatives to monitoring under § 63.8(f), as defined in § 63.90, and as required in this subpart, and any alternatives to § 63.427(a)(1) through (4) per § 63.427(a)(5).

(4) Approval of major alternatives to recordkeeping and reporting under § 63.10(f), as defined in § 63.90, and as required in this subpart.

(5) Approval of an alternative to any electronic reporting to the EPA required by this subpart.

[68 FR 37348, June 23, 2003, as amended at 89 FR 39370, May 8, 2024]
Appendix - Table 1 to Subpart R of Part 63—General Provisions Applicability to This Subpart
Link to an amendment published at 89 FR 39370, May 8, 2024.

Table 1 to Subpart R of Part 63—General Provisions Applicability to This Subpart

Reference Applies to this subpart Comment
63.1(a)(1)Yes.
63.1(a)(2)Yes.
63.1(a)(3)Yes.
63.1(a)(4)Yes.
63.1(a)(5)NoSection reserved.
63.1(a)(6)Yes.
63.1(a)(7) through (9)NoSections reserved.
63.1(a)(10)Yes.
63.1(a)(11)Yes.
63.1(a)(12)Yes.
63.1(b)(1)NoThis subpart specifies applicability in § 63.420.
63.1(b)(2)Yes.
63.1(b)(3)YesExcept this subpart specifies additional reporting and recordkeeping for some large area sources in § 63.428. These additional requirements only apply prior to the date the applicability equations are no longer applicable.
63.1(c)(1)Yes.
63.1(c)(2)YesSome small sources are not subject to this subpart.
63.1(c)(3)NoSection reserved.
63.1(c)(4)NoSection reserved.
63.1(c)(5)Yes.
63.1(c)(6)Yes.
63.1(d)NoSection reserved.
63.1(e)Yes.
63.2YesAdditional definitions in § 63.421.
63.3(a)-(c)Yes.
63.4(a)(1) and (2)Yes.
63.4(a)(3) through (5)NoSections reserved.
63.4(b)Yes.
63.4(c)Yes.
63.5(a)(1)Yes.
63.5(a)(2)Yes.
63.5(b)(1)Yes.
63.5(b)(2)NoSection reserved.
63.5(b)(3)Yes.
63.5(b)(4)Yes.
63.5(b)(5)NoSection reserved.
63.5(b)(6)Yes.
63.5(c)NoSection reserved.
63.5(d)(1)Yes.
63.5(d)(2)Yes.
63.5(d)(3)Yes.
63.5(d)(4)Yes.
63.5(e)Yes.
63.5(f)(1)Yes.
63.5(f)(2)Yes.
63.6(a)Yes.
63.6(b)(1)Yes.
63.6(b)(2)Yes.
63.6(b)(3)Yes.
63.6(b)(4)Yes.
63.6(b)(5)Yes.
63.6(b)(6)NoSection reserved.
63.6(b)(7)Yes.
63.6(c)(1)NoThis subpart specifies the compliance date.
63.6(c)(2)Yes.
63.6(c)(3) and (4)NoSections reserved.
63.6(c)(5)Yes.
63.6(d)NoSection reserved.
63.6(e)NoSee § 62.420(k) for general duty requirement.
63.6(f)(1)No
63.6(f)(2)Yes.
63.6(f)(3)Yes.
63.6(g)Yes.
63.6(h)NoThis subpart does not require COMS; this subpart specifies requirements for visible emissions observations for flares.
63.6(i)(1) through (14)Yes.
63.6(i)(15)NoSection reserved.
63.6(i)(16)Yes.
63.6(j)Yes.
63.7(a)(1)Yes.
63.7(a)(2)Yes.
63.7(a)(3)Yes.
63.7(a)(4)Yes.
63.7(b)Yes.
63.7(c)Yes.
63.7(d)Yes.
63.7(e)(1)NoThis subpart specifies performance test conditions.
63.7(e)(2)Yes.
63.7(e)(3)Yes.
63.7(e)(4)Yes.
63.7(f)Yes.
63.7(g)YesExcept this subpart specifies how and when the performance test and performance evaluation results are reported.
63.7(h)Yes.
63.8(a)(1)Yes.
63.8(a)(2)Yes.
63.8(a)(3)NoSection reserved.
63.8(a)(4)Yes.
63.8(b)(1)Yes.
63.8(b)(2)Yes.
63.8(b)(3)Yes.
63.8(c)(1) introductory textYes.
63.8(c)(1)(i)No
63.8(c)(1)(ii)Yes.
63.8(c)(1)(iii)No
63.8(c)(2)Yes.
63.8(c)(3)Yes.
63.8(c)(4)Yes.
63.8(c)(5)NoThis subpart does not require COMS.
63.8(c)(6) through (8)Yes.
63.8(d)(1) and (2)Yes.
63.8(d)(3)NoThis subpart specifies CMS records requirements.
63.8(e)YesExcept this subpart specifies how and when the performance evaluation results are reported.
63.8(f)(1) through (5)Yes.
63.8(f)(6)Yes.
63.8(g)Yes.
63.9(a)Yes.
63.9(b)(1)Yes.
63.9(b)(2)YesExcept this subpart allows additional time for existing sources to submit initial notification. Section 63.428(a) specifies submittal by 1 year after being subject to the rule or December 16, 1996, whichever is later.
63.9(b)(3)NoSection reserved.
63.9(b)(4)Yes.
63.9(b)(5)Yes.
63.9(c)Yes.
63.9(d)Yes.
63.9(e)Yes.
63.9(f)No
63.9(g)Yes.
63.9(h)(1) through (3)YesExcept this subpart specifies how to submit the Notification of Compliance Status.
63.9(h)(4)NoSection reserved.
63.9(h)(5) and (6)Yes.
63.9(i)Yes.
63.9(j)Yes.
63.9(k)Yes.
63.10(a)Yes.
63.10(b)(1)Yes.
63.10(b)(2)(i), (ii), (iv), and (v)NoThis subpart specifies recordkeeping requirements for deviations.
63.10(b)(2)(iii) and (vi) through (xiv)Yes.
63.10(b)(3)Yes.
63.10(c)(1)Yes.
63.10(c)(2) through (4)NoSections reserved.
63.10(c)(5) through (8)Yes.
63.10(c)(9)No.Section reserved.
63.10(c)(10) through (14)Yes.
63.10(c)(15)No
63.10(d)(1)Yes
63.10(d)(2)NoThis subpart specifies how and when the performance test results are reported.
63.10(d)(3)NoThis subpart specifies reporting requirements for visible emissions observations for flares.
63.10(d)(4)Yes.
63.10(d)(5)No
63.10(e)(1)Yes.
63.10(e)(2) through (4)NoThis subpart specifies reporting requirements for CMS and continuous opacity monitoring systems.
63.10(f)Yes.
63.11(a) and (b)YesExcept these provisions no longer apply upon compliance with the provisions in §§ 63.422(b)(2) and 63.425(d)(2) for flares to meet the requirements specified in §§ 60.502a(c)(3) and 60.504a(c) of this chapter.
63.11(c), (d), and (e)YesExcept these provisions do not apply to monitoring required under § 63.425(b)(1) or (c)(1) and these provisions no longer apply upon compliance with the provisions in § 63.424(c).
63.12Yes.
63.13Yes.
63.14Yes.
63.15Yes.
63.16Yes.
[89 FR 39370, May 8, 2024]
authority: 42 U.S.C. 7401
source: 57 FR 61992, Dec. 29, 1992, unless otherwise noted.
cite as: 40 CFR 63.422