[Federal Register Volume 65, Number 72 (Thursday, April 13, 2000)]
[Notices]
[Pages 19891-19897]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-9091]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-6576-8]
Slotted Guidepoles at Certain Petroleum and Organic Liquid
Storage Vessels
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of storage tank emission reduction partnership program.
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SUMMARY: The United States Environmental Protection Agency (``EPA'') is
today announcing an opportunity for the regulated community to
participate in the Storage Tank Emission Reduction Partnership Program
described in this notice.
DATES: Companies electing to participate in this program must submit a
notice of intent by June 12, 2000, and an executed partnership
agreement by December 11, 2000.
ADDRESSES: Both the notice of intent and executed partnership agreement
should be sent to: Storage Tank Emission Reduction Partnership Program,
Air Enforcement Division (Mail Code 2242A), U.S. Environmental
Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460.
FOR FURTHER INFORMATION CONTACT: Mr. James K. Jackson, Air Enforcement
Division (2242A), U.S. Environmental Protection Agency, 1200
Pennsylvania Avenue, NW Washington, DC 20460, telephone (202) 564-2002.
SUPPLEMENTARY INFORMATION: Slotted guidepoles are hollow poles with
holes or ``slots'' that perforate the length of the pole and that are
typically a foot-long and 1--2 inches wide. Where the pole passes
through a floating roof, there is an opening in the roof and a gap
between the pole and the roof. These holes, slots and gaps have exactly
the same emissions effect as any other roof opening: they constitute a
pathway for evaporative product losses and volatile organic compound
(VOC) emissions. VOCs include a wide variety of hydrocarbons, some of
which are hazardous air pollutants (e.g., benzene, toluene, xylene and
ethyl benzene). Depending on the size, location and contents of a tank,
uncontrolled emissions from the use of slotted guidepoles can exceed
25,000 pounds per year. Simple and inexpensive solutions exist to
minimize these emissions and reduce evaporative losses.
A substantial but undetermined number of NSPS Subpart Ka/Kb tanks
have slotted guidepoles. They may be found at any facility that stores
substantial quantities of volatile organic liquids, including petroleum
products (e.g., refineries, gasoline distribution terminals, chemical
plants and other facilities). EPA previously determined and recently
reaffirmed that uncontrolled slotted guidepoles do not comply with the
``no visible gap'' requirement in NSPS Subparts Ka and Kb. See 65 FR
2336 (January 14, 2000). In the interests of promoting fast, efficient
and widespread emission reductions from slotted guidepoles, EPA is
today offering to enter into agreements with those companies that have
installed or will install controls to reduce their slotted guidepole
emissions at NSPS Subpart Ka/Kb tanks.
EPA solicited public comment on a proposed program that had been
developed in cooperation with the American Petroleum Institute. 65 FR
2391 (January 14, 2000). EPA discussed its proposal with State and
Territorial Air Pollution Program Administrators/Association of Local
Air Pollution Control Officials (STAPPA/ALAPCO) and received twelve
comments (e.g., companies, trade associations and equipment vendors),
all of which supported establishing a program. The more salient
features of the Storage Tank Emission Reduction Partnership Program
announced today are summarized below:
Each company intending to participate must notify EPA of
its intent to participate within 60 days and there identify each
facility it intends to include under this program, using its unique EPA
Identification Number.
Participating companies must assess all of their NSPS
Subpart Ka/Kb external floating roof tanks with slotted guidepoles and
are encouraged to assess all of their NSPS Subpart Ka/Kb internal
floating roof tanks with slotted guidepoles. See discussion infra.
Acceptable slotted guidepole controls under this program
are identified. See Appendix I. Use of such controls does not affect
other regulatory obligations that may exist under state or federal law
(e.g., to sample tank contents for compliance with other regulatory
programs).
EPA is not requiring that penalties be paid as a condition
of program participation, but if a participating company fails to
implement its agreed-to controls in a timely manner, stipulated
penalties would be imposed.
The terms and conditions for program participation are
specified in the participation agreement that each participant must
execute. See Appendix II and Appendix III.
Each participating company must submit an executed
participation agreement, including a complete Annex A, within 240 days.
Annex A must provide a facility listing (using its EPA identification
Number) that identifies its NSPS Subpart Ka/Kb external floating roof
tanks with slotted guidepoles and those of its NSPS Subpart Ka/Kb
internal floating roof tanks that it intends to include under this
program. Annex A must also specify the controls that were or will be
installed, as well as predict the emission reductions that will be
achieved after these controls are installed.
Today's final program incorporates certain technical changes that
had been recommended by commenters, but it is essentially the same as
the program that had been earlier proposed. The major points raised
during the comment period are summarized and discussed below.
Clarification of Facility Coverage: Some commenters expressed
uncertainty as to whether participation could be on facility-by-
facility or operating division-by-operating division
[[Page 19892]]
basis. Program participation may be on any basis so long as all NSPS
Subpart Ka and Kb storage vessels with slotted guidepoles at each
identified facility are included. Accordingly and to be effective, both
the notice of intent to participate and Annex A to the participation
agreement must separately identify each of the facilities covered by
name, address and EPA Identification Number.
Additional Acceptable Control Options: Several Commenters suggested
that two additional options be identified as acceptable for purposes of
this program (i.e., replacing slotted guidepoles with solid guidepoles
and installing flexible covers over the entire slotted guidepole).
Based upon the information provided, EPA believes these alternatives
eliminate visible gaps and can reduce emissions to a level comparable
to that achievable with a pole float system. Both alternatives are now
included in Appendix I.
Although other control options may be suggested, interested parties
should be aware that any such suggestion will require that showings be
made, see APPENDIX-2, and that it be reviewed and approved by EPA
before it can be relied upon by a participating company. To expedite
EPA consideration, a complete copy of any request for an additional
acceptable control option under APPENDIX I should also be sent to Sally
Shaver, Director, Emission Standards Division, Office of Air Quality
Planning and Standards, Research Triangle Park, NC 27711.
Inclusion of Internal Floating Roof Tanks: Several Commenters
questioned the environmental need for installing controls on slotted
guidepoles at NSPS Subpart Ka/Kb internal floating roof tanks. EPA
indicated in its notice of a proposed program that the views of the
Office of Air Quality Planning and Standards (``OAQPS'') had been
solicited on whether to exempt these fittings from otherwise applicable
requirements. EPA has concluded that such an exemption would require
notice and comment rulemaking, cf. 65 FR 2336 (January 14, 2000).
Accordingly and for purposes of this program, participating companies
are encouraged (but not required) to identify NSPS Subpart Ka/Kb
internal floating roof tanks. If included, participants may elect to
utilize a combination of deck fitting controls as the identified
acceptable control, as permitted under APPENDIX-2.
Newly Acquired Tanks: Some comments suggested that participating
companies be permitted to include newly acquired tanks under this
program (e.g., tanks acquired after executing and entering into a
partnership agreement). EPA notes that such may be possible by a
consensual amendment to the partnership agreement's Annex A. Factors
that will then be considered by EPA include when the tank(s) were
acquired, where they are located, whether controls on the newly
acquired tank(s) had been installed and, if not, when they will be
installed.
Facilities with Controls Already Installed: It was suggested during
the comment period that the program include simplified procedures for
those facilities that previously installed identified, acceptable
controls. EPA agrees. Simplified procedures are available for a
facility that installed controls identified in Appendix I prior January
14, 2000 on all its NSPS Subpart Ka/Kb external floating roof tanks
with slotted guidepoles. To participate, a company must submit a notice
of intent to participate within 60 days and a Certification and
Agreement (as specified in Appendix III) within 240 days. Upon receipt,
EPA will either sign and return the Certification and Agreement or
identify deficiencies which must be corrected. If corrected within 30
days, EPA will then sign and return the corrected Certification and
Agreement.
EPA believes that the above-described program is an inexpensive,
efficient, cost-effective way to achieve immediate environmental
improvements. EPA is encouraging companies and facilities to go beyond
the terms of this agreement and to reduce emissions further by
installing tank fitting controls whenever and wherever possible. For
example, EPA urges companies to instal controls identified in Appendix
I at non-NSPS Subpart Ka/Kb storage vessels, as well as at NSPS Subpart
Ka/Kb tanks that are not under this program because they are not
currently subject to equipment design requirements based on the
materials stored and their vapor pressure(s). In addition to obvious
environmental benefits and depending on individual circumstances, such
may reduce reportable emissions and fees and create emission offsets/
credits.
This notice does not have federalism implications. It will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132, 64 FR 43255 (August 10, 1999).
Thus, the requirements of section 6 of the Executive Order do not apply
to this notice.
Dated: April 4, 2000.
Eric V. Schaeffer,
Director, Office of Regulatory Enforcement, Office of Enforcement and
Compliance Assurance.
Appendix I
Acceptable Controls for Slotted Guidepoles Under the Storage Tank
Emissions Reduction Partnership Program
1. Pole Float System: Each opening through the deck of the
floating roof for a slotted guidepole shall be equipped with a deck
cover, a pole wiper and a pole float. The deck cover shall also be
equipped with a gasket between the cover and deck. The wiper or seal
of the pole float shall be at or above the height of the pole wiper.
2. Alternate Control Technologies and Combinations: The
following will inform EPA's determination of whether an alternate
control technology is acceptable for use under the Storage Tank
Emissions Reduction Partnership Program. An alternate control
technology must be shown to have an emission factor less than or
equal to the emission factor for the above-identified control
system. Tests to determine emission factors for an alternate control
technology shall accurately simulate conditions representative of
the conditions under which the technology will/would operate (e.g.,
wind, temperature and barometric pressure). Such tests may utilize
the methods listed in American Petroleum Institute (API) Manual of
Petroleum Measurement Standards, Chapter 19, Section 3, Part A (Wind
Tunnel test Method for the Measurement of Deck-Fitting Loss Factors
for External Floating-Roof Tanks) or Part E (Weight Loss Test Method
for the Measurement of Deck-Fitting Loss Factors for Internal
Floating-Roof Tanks). A combination of technologies and devices to
control emissions from slotted guidepoles and deck fittings may be
acceptable under the Storage Tank Emissions Reduction Partnership
Program if such alternate emits no more than the above-identified
control system plus the same combination of deck fittings (equipped
as required under NSPS Subpart Kb), as determined using AP-42. The
emissions from an alternate combination of control technologies and
devices shall be determined using AP-42 and/or as specified above.
3. Pole Sleeve System: Each opening through the deck of the
floating roof for a slotted guidepole shall be equipped with a deck
cover, a pole wiper and a pole sleeve. The deck cover shall be
equipped with a gasket between the cover and the deck. The sleeve
extends into the stored liquid.
4. Internal Sleeve Emission Control System: An internal
guidepole sleeve that eliminates the hydrocarbon vapor emission
pathway from inside the tank through the guidepole slots to the
outside air; a guidepole cover at the top of the guidepole; and a
well cover positioned at the top of the guidepole well that seals
any openings between the well cover and the guidepole (e.g., pole
wiper), any openings between the well cover and any other objects
that pass through the well cover, and any other openings in the top
of the guidepole well.
[[Page 19893]]
5. Solid Guidepole System: A solid guidepole; a guidepole cover
at the top of the guidepole; and a well cover positioned at the top
of the guidepole well that seals any openings between the well cover
and the guidepole (e.g., pole wiper), any openings between the well
cover and any other objects that pass through the well cover, and
any other openings in the top of the guidepole well.
6. Flexible Enclosure System: A flexible device that complete
encloses the slotted guidepole and eliminates the hydrocarbon vapor
emission pathway from inside the tank through the guidepole slots to
the outside air; a guidepole cover at the top of the guidepole; and
a well cover positioned at the top of the guidepole well that seals
any openings between the well cover and the guidepole (e.g., pole
wiper), any openings between the well cover and any other objects
that pass through the well cover, and any other openings in the top
of the guidepole well.
7. Covers on External Floating Roof Tanks: The external floating
roof tank shall be (or have been) modified by installing a fixed
roof mounted on the tank above its external floating roof. Each
opening through the deck for a slotted guidepole shall have its
lower edge below the surface of the stored liquid.
8. Removal of Tank from Service and Surrender of Permits: Remove
the tank from service storing liquids subject to NSPS Ka or Kb
controls, surrender any and all operating permits for that tank to
the appropriate state/local regulatory authority and represent to
such authority that it will not be used to store petroleum liquids,
as defined in 40 CFR 60.111a(b) that have a maximum true vapor
pressure in the range defined in 40 CFR 60.112a(a), or volatile
organic liquids, as defined in 40 CFR 60.111b(k), that have a
maximum true vapor pressure in the range defined in 40 CFR
60.112b(a).
Definitions
Deck cover means a device which covers an opening in a floating
roof deck. Some deck covers move horizontally relative to the deck
(i.e., a sliding cover).
Pole float means a float located inside a guidepole that floats
on the surface of the stored liquid. The rim of the float has a
wiper or seal that extends to the inner surface of the pole.
Pole sleeve means a device which extends from either the cover
or the rim of an opening in a floating roof deck to the outer
surface of a pole that passes through the opening. The sleeve
extends into the stored liquid.
Pole wiper means a seal that extends from either the cover or
the rim of an opening in a floating roof deck to the outer surface
of a pole that passes through the opening.
Slotted guidepole means a guidepole or gaugepole that has slots
or holes through the wall of the pole. The slots or holes allow the
stored liquid to flow into the pole at liquid levels above the
lowest operating level.
Solid guidepole means a guidepole or gaugepole that does not
have slots or holes through the wall of the pole at or above the
level of the floating roof when it is at its lowest operating level.
Appendix II
Storage Tank Emission Reduction Partnership Agreement
The United States Environmental Protection Agency (``EPA'') and
____________ (``Participating Company''), the parties herein, desire
to enter into and be bound by the terms of this Storage Tank
Emission Reduction Partnership Agreement (``Partnership Agreement''
or ``Agreement'').
Whereas Participating Company recognizes that reducing emissions
from tanks and other storage vessels with slotted guidepoles \1\ can
improve air quality while reducing evaporative product losses.
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\1\ A guidepole (also referred to as a gaugepole, gauge pipe or
stilling well) is a vertically oriented pipe or tube that is affixed
to a tank and that passes through its floating roof. Slotted
guidepoles are guidepoles with slots or holes that allow stored
liquids to flow into the pole, thereby enabling representative
samples to be collected from within the slotted guidepole.
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Whereas Participating Company is committed to environmental
improvement and the cost-effective reduction of emissions.
Whereas EPA recognizes the value of cooperative emission
reduction programs with industry.
Whereas Participating Company desires to participate in the
Storage Tank Emission Reduction Partnership Program announced by EPA
at [Insert FR page citation and (April 13, 2000)] (hereinafter
referred to as ``Program notice'').
Now, Therefore, in consideration of the above and the mutual
undertakings of each to the other, EPA and Participating Company
agree as follows:
Applicability
1. The provisions of this Partnership Agreement shall apply to
and be binding upon EPA and upon Participating Company, its
officers, directors, agents, servants, employees, successors and
assigns. Participating Company shall give notice of this Agreement
to any successor in interest prior to the transfer of any ownership
interest in any tank identified in Annex A.
Representations
2(a). Participating Company represents that:
a. It notified EPA of its intent to participate in the Storage
Tank Emission Reduction Partnership Program within 60 days of the
Program notice.
b. It assessed and evaluated all of its NSPS Subpart Ka and Kb
affected facilities \2\ that are subject to equipment design
requirements \3\ and that have slotted guidepoles \4\ (hereinafter
referred to as ``Tanks'') at each facility/location identified in
Annex A.
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\2\ NSPS Subpart Ka affected facilities are petroleum liquid
storage vessels with a capacity of greater than 40,000 gallons that
were constructed, reconstructed or modified after May 18, 1978, 40
CFR 60.110a; NSPS Subpart Kb affected facilities are volatile
organic liquid storage vessels with a capacity of greater than 40
cubic meters that were constructed, reconstructed or modified after
July 23, 1984, 40 CFR 60.110b.
\3\ The equipment design requirements for floating roof tanks
apply only to certain NSPS Subpart Ka and Kb affected facilities.
See 40 CFR 60.112a and 60.112b.
\4\ A slotted guidepole is a guidepole (or gaugepole) that has
slots or holes through the wall of the pole. The slots or holes
allow the stored liquid to flow into the pole at liquid levels above
the lowest operating level.
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c. It is submitting this executed Partnership Agreement to EPA
within 240 days of the Program notice.
d. Annex A (attached hereto and incorporated by reference
herein) is a true, accurate and complete identification of:
i. each Tank;
ii. the date(s) by which controls were or will be installed at
each Tank, provided that if controls were installed before January
14, 2000, the year of installation may be used; and
iii. predicted emission reductions at each Tank that will instal
controls hereunder.
e. The controls identified in Annex A were either specified in
APPENDIX I to the Program notice (Acceptable Controls for Tanks with
Slotted Guidepoles Under the Storage Tank Emission Reduction
Partnership Program), attached hereto and incorporated by reference
herein, or expressly determined by EPA to be acceptable for purposes
of the Storage Tank Emission Reduction Partnership Program under
Appendix I-2.
f. The predicted emission reductions reflected in Annex A were
calculated and derived through the proper use of either EPA's TANKS
software (version 3.1 or later) or an alternative methodology
expressly determined to be acceptable for this purpose by EPA.
g. The undersigned is a duly authorized representative of
Participating Company, with full powers to make these
representations, enter into this Agreement and bind Participating
Company to the terms hereof.
(b). The undersigned EPA representative is authorized to enter
into this Agreement and bind EPA to the terms hereof.
Participating Company Undertakings
3. Participating Company shall install slotted guidepole
controls on Tanks identified in Annex A as expeditiously as possible
(e.g., when the Tank is next taken out of service) but not later
than:
a. Twenty-six (26) months after issuance of the Program notice;
or
b. One hundred and twenty months (120) of the Program notice if
a Tank must be taken out of service in order to instal such
controls, provided Annex A describes why such Tank(s) must be taken
out of service and either identifies the date(s) by which
appropriate interim controls will be installed (i.e., a self-
aligning float equipped with at least one wiper seal gasket that is
maintained at or above the height of the pole wiper) or describes
why such Tank(s) must be taken out of service in order to instal
interim controls.
4. Participating Company shall properly operate and maintain all
slotted guidepole controls required under Paragraph 3 in the manner
specified in Attachment 1 and shall include such controls and this
requirement
[[Page 19894]]
in federally enforceable permits issued by appropriate permitting
authorities.
5. Participating Company shall not seek or obtain emission
reduction credits for emission reductions that result from
installing slotted guidepole controls under Paragraph 3 or from the
work required under Paragraph 4 of this section, nor shall it use
such reductions to offset or net against other emission increases in
any permitting or enforcement action required by or taken pursuant
to state or federal law.
6. Participating Company agrees and by entering into this
Agreement consents to EPA's issuance of an order under and as
specified in Paragraph 9.
EPA Undertakings
7. Compliance with the requirements set forth herein, including
Paragraphs 3-6, shall be deemed and will, therefore, constitute full
settlement and satisfaction by EPA of those violations of the
Standards of Performance for New Sources, Subparts Ka and Kb, that
could be or could have been alleged in civil actions or proceedings
brought by EPA or the United States concerning Participating
Company's use of slotted guidepoles at Tanks identified in Annex A.
8. Within sixty (60) days of its receipt of this Partnership
Agreement, EPA will promptly review and either sign and return a
fully executed copy of that Agreement to Participating Company or
identify deficiencies in Annex A. If deficiencies identified by EPA
are not corrected and a revised Annex A is not submitted within
thirty (30) days of Participating Company's receipt of such
identification by EPA, Participating Company's opportunity to
participate under the Storage Tank Emission Reduction Partnership
Program shall then cease and all its rights, expectations,
obligations and undertakings (if any) under that program and this
Agreement shall terminate and be deemed a nullity.
9. If and after EPA executes this Agreement as specified in
Paragraph 8, it will issue an order to Participating Company in the
form provided at Attachment 2.
Publicity
10. Participating Company may publicize that it is partnering
with EPA under the Storage Tank Emission Reduction Partnership
Program.
11. Upon request, EPA will recognize and acknowledge
Participating Company's participation under this Partnership Program
and/or industry's leadership and assistance in identifying controls
for slotted guidepoles.
Access and Inspection
12. Without prior notice, any authorized representative of EPA
(including a designated contractor), upon presentation of
credentials where Tanks are located, may enter such location(s) at
reasonable times to determine compliance with the requirements,
terms and conditions of this Agreement. To make such a
determination, EPA's authorized representative(s) shall have full
and complete access to inspect, photograph, or videotape any Tank
and to copy such records related to Participating Company's
undertakings under this Agreement that EPA's representative(s) may
deem necessary, provided such is consistent with EPA's authority
under applicable laws, permits and regulations. Access under this
Paragraph is subject to the normal health and safety requirements in
effect at such locations. This Paragraph is in addition to, and not
in limitation of, EPA's authority to investigate, inspect or enter
premises pursuant to applicable laws, permits and regulations.
Force Majeure
13. If any event occurs that causes or may cause a delay in
Participating Company's compliance with Paragraphs 3 or 4 of this
Agreement, Participating Company shall notify EPA within thirty (30)
days after Participating Company becomes aware of such event. This
notice shall reasonably describe the anticipated length of the
delay, the reason(s) for the delay, measures Participating Company
has taken and will take to prevent or minimize the delay, and the
timetable by which these measures have been or will be implemented.
Increased costs or expenses associated with the implementation of
this Agreement shall not be the sole or primary basis for a change
in its terms or an extension of time. Participating Company shall
adopt reasonable measures to avoid or minimize any such delay.
14. If the parties agree that the delay or anticipated delay in
compliance with Paragraph 3 of this Agreement has been or will be
caused by circumstances beyond the reasonable control of
Participating Company and its contractors as under Paragraph 20, the
time for performance hereunder shall be extended for a period no
longer than the length of the delay caused by such circumstances.
The parties shall also then seek to agree on the period of such
extension as under Paragraph 20, but if they cannot so agree, the
determination by EPA shall control unless Participating Company
invokes the formal Dispute Resolution provisions of Paragraph 21.
15. If EPA determines that such delay, anticipated delay or any
identified portion thereof was caused by circumstances within the
reasonable control of Participating Company and its contractors,
Participating Company shall be in breach of this Agreement and
subject to stipulated noncompliance penalties as set forth in
Paragraph 16 unless Participating Company invokes the Dispute
Resolution provisions of this Agreement (Paragraphs 20-21).
Stipulated Noncompliance Penalties
16. If Participating Company fails to comply with the
requirements of Paragraphs 3 (including Annex A), 4 or 5, it shall
pay up to $1,000 per day for the first thirty (30) days of
noncompliance and up to $2,500 per day for each day of noncompliance
thereafter until compliance is demonstrated. Stipulated penalties
are to be determined for each Tank, provided that stipulated
penalties for all noncompliance occurring on the same day shall not
exceed $10,000 per facility at which such noncompliance exists or
occurs and $25,000 per participating company. Payment of stipulated
penalties shall be by cashier's check, certified check or wire
transfer, payable to ``Treasurer, United States of America'' and
delivered to EPA.
17(a). If any noncompliance with Paragraphs 3, 4 or 5 is
discovered by Participating Company, it shall so notify EPA and
provide a written statement describing such noncompliance by the
last day of the month following the month in which such
noncompliance was identified by Participating Company.
(b). If any noncompliance with Paragraphs 3, 4 or 5 is
discovered by EPA, it shall so notify Participating Company and
there describe such noncompliance.
18. After an opportunity to informally resolve issues under
Paragraph 20, EPA will demand payment of such stipulated penalties
as it determines are appropriate under the circumstance and
permitted under Paragraph 16. Stipulated penalties shall be paid by
the last day of the month following the month in which such demand
is made unless Participating Company invokes the formal Dispute
Resolution provisions of Paragraph 21.
19. For any noncompliance that is or could be subject to
stipulated noncompliance penalties hereunder, EPA expressly reserves
the right to seek any other relief to which it may be entitled under
law, including but not limited to specific performance of this
Agreement, injunctive relief under the Act and such other relief as
may be available under any federal statute or the common law.
Dispute Resolution
20. Informal. If Participating Company disputes any
determination made by EPA pursuant to Paragraphs 14-15 (Force
Majeure), Paragraph 18 (Stipulated Noncompliance Penalties),
Paragraphs 32-33 (Termination) or Appendix I (Alternate Control
Technologies) but only if such alternate was requested by
Participating Company, it shall send a written notice to EPA
outlining the nature of the dispute/disagreement and requesting
informal negotiations to resolve the dispute. Such period of
informal negotiations shall not extend beyond thirty (30) days from
the date when the notice was received unless the parties expressly
agree otherwise in writing.
21. Formal. If informal negotiations are unsuccessful, either
party may request and both parties shall then attempt to reach
agreement on a process and procedure for resolving the dispute by
formal means using a neutral third party. Such process and
procedures may include, but need not be limited to, mediation,
nonbinding arbitration and binding arbitration (but only if and to
the extent binding arbitration is then authorized and expressly
permitted by EPA policy and the Administrative Dispute Resolution
Act of 1996). If an agreement on process and procedure is not
reached within sixty (60) days from the date notice was received
under Paragraph 20 or as otherwise provided in this Agreement,
either party may then assert whatever rights they may have hereunder
in an appropriate federal court.
Notification
22. All notices, records and submissions required under this
Agreement shall be maintained where each Tank is located or where
such Tank's records are normally maintained, provided they can be
made
[[Page 19895]]
available by facsimile (or otherwise) upon request during an
inspection under Paragraph 12.
23. All notices, submissions and certifications required of
Participating Company under this Agreement shall be in writing and
postmarked or hand delivered to: U.S. Environmental Protection
Agency, Storage Tank Emission Reduction Partnership Program, Air
Enforcement Division--Station Source Enforcement Branch, Mail Code
2242A, Washington, DC 20460.
All notices required of EPA and all EPA determinations under
this Agreement shall be in writing and postmarked or hand delivered
to:
____________
____________
____________
24. Upon completion of its obligations and undertakings under
this Agreement, Participating Company shall provide a written
certification of its compliance with this Agreement to EPA,
including a description of the work performed under Paragraph 3, the
date such work was completed and an identification of such permit(s)
that were or will be issued under Paragraph 4. Such certification
shall be signed by a responsible official and contain the following
language:
I certify under penalty of law that the information contained in
and accompanying this document (if applicable) is true, accurate,
and complete to the best of my knowledge, information and belief
after reasonable inquiry.
For purposes of this Paragraph, a ``responsible official'' means
the president, secretary, treasurer, or a vice-president of
Participating Company, its senior management representative(s) where
such Tanks are located, or any person who performs similar policy or
decision-making functions for Participating Company.
Miscellaneous Provisions
25. Participating Company agrees to accept service from EPA by
mail with respect to all matters relating to or arising under this
Agreement at the address listed below (if different from Paragraph
23):
____________
____________
____________
____________
EPA agrees to accept service from Participating by mail with
respect to all matters relating to or arising under this Agreement
at the address listed below (if different from Paragraph 23):
____________
____________
____________
____________
26. Annex A of this Participation Agreement may be modified only
if EPA and Participating Company agree and consent to such
modification in writing.
27. This Agreement does not modify or affect in any way
Participating Company's responsibility to achieve and maintain
compliance with all other applicable federal, state and local laws,
regulations and permits.
28. Each party shall bear its own costs, attorney's fees and
disbursements in this matter.
29. This document, including its attached Annex A, Appendix I
and Attachments 1 and 2, encompasses the entire agreement of the
parties with respect to the subject matter hereof and totally
supersedes all prior agreements and understandings, whether oral or
in writing.
Termination
30. When Participating Company has complied with Paragraph 3, is
in compliance with Paragraph 4 and has certified compliance under
Paragraph 24, Participating Company may notify EPA of its intent to
terminate this Agreement. EPA may object to such termination only on
the grounds that Participating Company has not complied with this
Agreement.
31. If EPA does not object to Participating Company's notice of
intent to terminate, this Agreement will terminate ninety (90) days
after the date of EPA's receipt of such notice of intent to
terminate. Notwithstanding such termination of this Participation
Agreement, the obligations of Paragraphs 3, 4, 5 and 7 shall
continue indefinitely.
32. If EPA objects to Participating Company's notice of intent
to terminate, it must do so in writing within sixty (60) days of its
receipt of such notice. If EPA objects to Participating Company's
notice of intent to terminate, Participating Company may invoke the
Dispute Resolution provisions of this Agreement (Paragraphs 20-21).
In resolving any dispute regarding termination of this Agreement,
Participating Company shall have the burden of proving that it is,
was and has been in compliance with this Agreement.
33. If EPA determines that Participating Company is in material
breach of this Agreement (e.g., evinces a pattern and practice of
noncompliance with its terms and conditions), it shall give notice
of such breach and may give notice of its intent to terminate this
Agreement. If Participating Company objects to EPA's determination
and/or notice of intent to terminate, Participating Company may
invoke the Dispute Resolution provisions of this Agreement
(Paragraphs 20-21). If then terminated, Participating Company's
opportunity to participate under the Storage Tank Emission Reduction
Partnership Program shall then cease and all its rights,
expectations, obligations and undertakings (if any) under that
program and this Agreement shall terminate and be deemed a nullity.
Reservation of Rights
34. By entering into the Agreement, EPA understands that
Participating Company neither agrees nor concedes that its use of
slotted guidepoles without the controls specified in Appendix I
violate or violated any Clean Air Act requirement. Similarly,
Participating Company understands that EPA neither agrees nor
concedes that Participating Company's prior use of slotted
guidepoles without such controls was acceptable or excused in any
way or on any basis whatsoever. With respect to any tank(s) other
than a Tank identified in Annex A, each party reserves all rights
they may have to contest or otherwise litigate any issue arising out
of any use of slotted guidepoles.
Effective Date
35. This Participation Agreement shall be effective when signed
by both Participating Company and EPA.
By ____________
[Participating Company]
Date: ____________
By: ____________
U.S. Environmental protection agency. Date: ____________
Attachment 1
Operating and Maintenance Requirements for Slotted Guidepole Controls
Under the Storage Tank Emissions Reduction Partnership Program
The sliding cover shall be in place over the slotted-guidepole
opening through the floating roof at all times except when the
sliding cover must be removed for access. If the control technology
used includes a guidepole float, the float shall be floating within
the guidepole at all times except when it must be removed for access
to the stored liquid or when the tank is empty.
Visually inspect the deck fitting for the slotted guidepole at
least once every 10 years and each time the vessel is emptied and
degassed. If the slotted guidepole deck fitting or control devices
have defects, or if a gap of more than 0.32 centimeters (1/8 inch)
exists between any gasket required for control of the slotted
guidepole deck fitting and any surface that it is intended to seal,
such items shall be repaired before filling or refilling the storage
vessel with regulated material.
Tanks taken out of hydrocarbon service, for any reason, do not
have to have any controls in place during the time they are out of
service.
Attachment 2
Form Compliance Order
United States Environmental Protection Agency
In the Matter of: [Participating Company] Respondent.
Storage Tank Emission Reduction Partnership Program, Agreement
No. ____
Findings and Order
Pursuant to Section 113(a)(3) of the Clean Air Act (``CAA''),
consistent with the Storage Tank Emission Reduction Partnership
Agreement identified above and entered into between the United
States Environmental Protection Agency (``EPA'') and Respondent, and
based upon available information, EPA hereby makes and issues the
following Findings and Order:
Findings
1. Respondent is a Participating Company under above-identified
Storage Tank Emission Reduction Partnership Agreement.
2. EPA promulgated New Source Performance Standards (``NSPS'')
for Petroleum Liquid Storage Vessels and for Volatile Organic Liquid
Storage Vessels, appearing in 40 CFR Part 60, Subparts Ka and Kb.
[[Page 19896]]
3. Respondent owns or operates certain ``affected facilities''
under NSPS Subpart Ka and/or Kb that have or had floating roofs with
slotted guidepoles, as identified in Annex A.
Order
4. Respondent shall install, maintain and operate properly those
controls specified in Annex A by the date(s) there indicated and
shall include or seek to include such controls and this requirement
in federally enforceable permits issued by appropriate permitting
authorities.
5. Respondent shall not seek or obtain emission reduction
credits for emission reductions that result from its compliance with
this order, nor shall it use such reductions to offset or net
against other emission increases in any permitting or enforcement
action required by or taken pursuant to state or federal law.
6. Pursuant to Section 113(a) of the CAA, failure to comply with
this Order may lead to a civil action to obtain compliance or an
action for civil or criminal penalties.
Issued this ______ day of ______, 2000.
U.S. Environmental Protection Agency.
Appendix III
Storage Tank Emission Reduction Partnership Certification and Agreement
CERTIFICATION
____________ (``Participating Company''), by ____________, a
responsible corporate official of Participating Company, certifies
that:
1. Participating Company notified the United States
Environmental Protection Agency (``EPA'') of its intent to
participate in the Storage Tank Emission Reduction Partnership
Program within 60 days of the Program notice announced at [insert FR
page citation (April 13, 2000)].
2. Participating Company assessed and evaluated all of its NSPS
Subpart Ka and Kb affected facilities \1\ that are subject to
equipment design requirements \2\ and that have slotted guidepoles
\3\ (hereinafter referred to as ``Tanks'') at each facility/location
identified in Annex A.
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\1\ NSPS Subpart Ka affected facilities are petroleum liquid
storage vessels with a capacity of greater than 40,000 gallons that
were constructed, reconstructed or modified after May 18, 1978, 40
CFR 60.110a; NSPS Subpart Kb affected facilities are volatile
organic liquid storage vessels with a capacity of greater than 40
cubic meters that were constructed, reconstructed or modified after
July 23, 1984, 40 CFR 60.110b.
\2\ The equipment design requirements for floating roof tanks
apply only to certain NSPS Subpart Ka and Kb affected facilities.
See 40 CFR 60.112a and 60.112b.
\3\ A slotted guidepole is a guidepole (or gaugepole) that has
slots or holes through the wall of the pole. The slots or holes
allow the stored liquid to flow into the pole at liquid levels above
the lowest operating level.
---------------------------------------------------------------------------
3. Annex A (attached hereto and incorporated by reference
herein) is a true, accurate and complete identification of:
i. each Tank; and
ii. the year in which controls were installed at each Tank; and
4. The controls identified in Annex A were either specified in
APPENDIX I to the Program notice (Acceptable Controls for Tanks with
Slotted Guidepoles Under the Storage Tank Emission Reduction
Partnership Program), attached hereto and incorporated by reference
herein, or expressly determined by EPA to be acceptable for purposes
of the Storage Tank Emission Reduction Partnership Program under
APPENDIX I-2.
I certify under penalty of law that the foregoing and the
attached, including Annex A, is true, accurate, and complete to the
best of my knowledge, information and belief after reasonable
inquiry.
____________
[NAME]
[TITLE]
Agreement
The United States Environmental Protection Agency (``EPA'') and
____________ (``Participating Company''), the parties herein, desire
to enter into and be bound by the terms of this Storage Tank
Emission Reduction Partnership Agreement (``Partnership Agreement''
or ``Agreement'').
Whereas Participating Company recognizes that reducing emissions
from tanks and other storage vessels with slotted guidepoles \1\ can
improve air quality while reducing evaporative product losses.
---------------------------------------------------------------------------
\1\ A guidepole (also referred to as a gaugepole, gauge pipe or
stilling well) is a vertically oriented pipe or tube that is affixed
to a tank and that passes through its floating roof. Slotted
guidepoles are guidepoles with slots or holes that allow stored
liquids to flow into the pole, thereby enabling representative
samples to be collected from within the slotted guidepole.
---------------------------------------------------------------------------
Whereas Participating Company is committed to environmental
improvement and the cost-effective reduction of emissions.
Whereas EPA recognizes the value of cooperative emission
reduction programs with industry.
Whereas Participating Company desires to participate in the
Storage Tank Emission Reduction Partnership Program announced by EPA
at 65 FR [insert 1st page number of FR this notice appears in]
(April 13, 2000) (hereinafter referred to as ``Program notice'').
Whereas Participating Company certified that it had complied
with the requirements of the Storage Tank Emission Reduction
Partnership Program.
Now, therefore, in consideration of the above and the mutual
undertakings of each to the other, EPA and Participating Company
agree as follows:
Applicability
1. The provisions of this Partnership Agreement shall apply to
and be binding upon EPA and upon Participating Company, its
officers, directors, agents, servants, employees, successors and
assigns. Participating Company shall give notice of this Agreement
to any successor in interest prior to the transfer of any ownership
interest in any tank identified in Annex A.
Representations
2(a). Participating Company represents that:
a. Participating Company's Certification was made by a
``responsible official'' (i.e., the president, secretary, treasurer,
or a vice-president of Participating Company, Participating
Company's senior management representative(s) where such Tanks are
located, or any other person who performs similar policy or
decision-making functions for Participating Company.
b. The undersigned is a duly authorized representative of
Participating Company, with full powers to make these
representations, enter into this Agreement and bind Participating
Company to the terms hereof.
(b). The undersigned EPA representative is authorized to enter
into this Agreement and bind EPA to the terms hereof.
Participating Company Undertakings
3. Participating Company shall properly operate and maintain all
slotted guidepole controls identified on Annex A in the manner
specified in Attachment 1 and shall include such controls and this
requirement in federally enforceable permits issued by appropriate
permitting authorities.
4. Participating Company shall not seek or obtain emission
reduction credits for emission reductions that result from
installing slotted guidepole controls or from the work required
under Paragraph 3 of this section, nor shall it use such reductions
to offset or net against other emission increases in any permitting
or enforcement action required by or taken pursuant to state or
federal law.
EPA Undertakings
5. Compliance with the requirements set forth herein shall be
deemed and will, therefore, constitute full settlement and
satisfaction by EPA of those violations of the Standards of
Performance for New Sources, Subparts Ka and Kb, that could be or
could have been alleged in civil actions or proceedings brought by
EPA or the United States concerning Participating Company's use of
slotted guidepoles at Tanks identified in Annex A.
6. Within sixty (60) days of its receipt of this Partnership
Agreement, EPA will promptly review and either sign and return a
fully executed copy of that Agreement to Participating Company or
identify deficiencies in Annex A. If deficiencies identified by EPA
are not corrected and a revised Annex A submitted within thirty (30)
days of Participating Company's receipt of such identification by
EPA, Participating Company's opportunity to participate under the
Storage Tank Emission Reduction Partnership Program shall then cease
and all its rights, expectations, obligations and undertakings (if
any) under that program and this Agreement shall terminate and be
deemed a nullity.
Miscellaneous Provisions
7. Participating Company agrees to accept service from EPA by
mail with respect to all matters relating to or arising under this
Agreement at the address listed below:
____________
____________
____________
____________
[[Page 19897]]
8. Annex A of this Participation Agreement may be modified only
if EPA and Participating Company agree and consent to such
modification in writing.
9. This Agreement does not modify or affect in any way
Participating Company's responsibility to achieve and maintain
compliance with all other applicable federal, state and local laws,
regulations and permits.
10. Each party shall bear its own costs, attorney's fees and
disbursements in this matter.
11. This document, including its Annex A, encompasses the entire
agreement of the parties with respect to the subject matter hereof
and totally supersedes all prior agreements and understandings,
whether oral or in writing.
Reservation of Rights
12. By entering into the Agreement, EPA understands that
Participating Company neither agrees nor concedes that its use of
slotted guidepoles without the controls specified in Appendix I
violate or violated any Clean Air Act requirement. Similarly,
Participating Company understands that EPA neither agrees nor
concedes that Participating Company's prior use of slotted
guidepoles without such controls was acceptable or excused in any
way or on any basis whatsoever. With respect to any tank(s) other
than a Tank identified in Annex A, each party reserves all rights
they may have to contest or otherwise litigate any issue arising out
of any use of slotted guidepoles.
Effective Date
13. This Participation Agreement shall be effective when signed
by both Participating Company and EPA.
By:____________
[Participating Company]
Date:____________
By:____________
U.S. Environmental Protection Agency
Date:____________
Attachment 1
Operating and Maintenance Requirements for Slotted Guidepole Controls
Under the Storage Tank Emissions Reduction Partnership Program
The sliding cover shall be in place over the slotted-guidepole
opening through the floating roof at all times except when the
sliding cover must be removed for access. If the control technology
used includes a guidepole float, the float shall be floating within
the guidepole at all times except when it must be removed for access
to the stored liquid or when the tank is empty.
Visually inspect the deck fitting for the slotted guidepole at
least once every 10 years and each time the vessel is emptied and
degassed. If the slotted guidepole deck fitting or control devices
have defects, or if a gap of more than 0.32 centimeters (1/8 inch)
exists between any gasket required for control of the slotted
guidepole deck fitting and any surface that it is intended to seal,
such items shall be repaired before filling or refilling the storage
vessel with regulated material.
Tanks taken out of hydrocarbon service, for any reason, do not
have to have any controls in place during the time they are out of
service.
[FR Doc. 00-9091 Filed 4-12-00; 8:45 am]
BILLING CODE 6560-50-U