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Slotted Guidepoles at Certain Petroleum and Organic Liquid Storage Vessels
Related Material
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: January 14, 2000 (Volume 65, Number 10)]
[Notices]
[Page 2391-2396]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14ja00-50]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-6518-3]
Slotted Guidepoles at Certain Petroleum and Organic Liquid
Storage Vessels
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of Proposed Storage Tank Emission Reduction Partnership
Program and Request for Comments.
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SUMMARY: In today's Federal Register the Environmental Protection
Agency (``EPA'') reaffirmed the applicability of certain NSPS Subpart
Ka/Kb requirements to slotted guidepoles. EPA believes there are a
substantial number of affected facilities with slotted guidepoles and,
therefore, intends to establish a program for reducing their emissions
in an expeditious, highly cost-effective manner. EPA solicits comments
on the Storage Tank Emission Reduction Partnership Program described
below.
DATES: Comments should be submitted by February 28, 2000.
ADDRESSES: Comments must be submitted to: Air Enforcement Division
(Mail Code 2242A), Environmental Protection Agency, Ariel Rios
Building, 1200 Pennsylvania Avenue, NW., Washington, DC 20460.
FOR FURTHER INFORMATION CONTACT: Mr. James K. Jackson, Air Enforcement
Division (2242A), Environmental Protection Agency, Ariel Rios Building,
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 contribute
to 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 slotted guidepoles can exceed 25,000 pounds
per year. Relatively 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. EPA is aware of at least 70 such tanks at 10
refineries in 4 EPA Regions, but the universe of all such tanks is much
broader than refineries. 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). Several EPA Regions have settled
enforcement actions by requiring companies to install controls on their
slotted guidepoles. EPA understands
[[Page 2392]]
that certain other companies have also installed slotted guidepole
controls. In the interests of promoting fast, efficient and widespread
emission reductions, EPA intends to offer and enter into agreements
with companies that installed or will install controls to reduce
slotted guidepole emissions at their NSPS Subpart Ka/Kb tanks. As under
EPA's policy concerning voluntary disclosure, this opportunity will be
available only to owners/operators of affected NSPS Subpart Ka/Kb
facilities that are not currently the subject of an enforcement action
based upon their use of slotted guidepoles. See Incentives for Self-
Policing: Discovery, Disclosure, Correction and Prevention of
Violations, 60 FR 66706 (December 22, 1995).
The American Petroleum Institute (``API'') has actively
participated on this and related tank issues, suggesting that this
matter could be resolved by establishing a cooperative emissions
reduction program for tanks with slotted guidepoles. EPA engaged in
discussions with API on the scope, appropriateness and terms of such a
program, the result being the below-described program, appendices and
related attachments.
During our discussions with API an issue arose over the use of
slotted guidepoles at internal floating roof tanks. API agreed that
they should be included in the program but urged that no add on
controls be required (as under the existing source Refinery MACT
1). EPA's Office of Air Quality Planning and Standards
(OAQPS) has been requested to: (1) identify and quantify the emissions
from slotted guidepoles at internal floating roof tanks without add-on
controls; (2) assess whether slotted guidepoles at internal floating
roof tanks should be exempt from add on control requirements; and, if
so, (3) decide whether a rulemaking is necessary and will be pursued to
resolve the issue. If OAQPS commits to a rulemaking for these internal
floating roof tanks, EPA may exclude them from this program. Comments
are solicited on whether and what add-on controls could be installed at
internal floating roof tanks with slotted guidepoles to reduce their
evaporative product emissions.
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\1\ New refinery tanks are subject to the same or similar
slotted guidepole requirements as under NSPS Subpart Ka/Kb. Compare
40 CFR 63.646(a), 63.119(b) and 63.119(c) with 40 CFR 60.112a(a) and
60.112b(a). Since existing sources are not subject to these
requirements, 40 CFR 63.646(c), the Refinery MACT is less stringent
than NSPS Subparts Ka/Kb at such sources.
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EPA believes the Storage Tank Emission Reduction Partnership
Program will result in substantial emission reductions through
installing low cost controls while avoiding the time and expense of
litigation. Since these emission controls also reduce potentially
significant evaporative product losses, EPA believes that the total
annualized cost of controls (with product recovery credits) could be
less than $0.
EPA's proposal offers clear and consistent terms to reduce
uncertainty, inform company decisions and eliminate the need for
extended, individualized negotiations:
The agreement would identify acceptable slotted guidepole
controls. See APPENDIX I (Acceptable Controls for Slotted Guidepoles
under the Storage Tank Emissions Reduction Partnership Program). EPA
previously determined that floats and wipers (i.e., gasketed covers)
complied with applicable control requirements under NSPS Subparts Ka
and Kb. Based on information provided by API, EPA believes that several
other approaches are as or more effective in reducing emissions and
evaporative product loses and are, therefore, identified as being
acceptable in APPENDIX I. Suggestions for and comments on other
controls/approaches are solicited.
The agreement would not require that penalties be paid as
a condition of program participation. EPA believes that immediate
emission reductions under this program would be preferable to
initiating enforcement actions seeking penalties under the Clean Air
Act. Nonetheless and if a participating company fails to implement its
agreed-to controls in a timely manner, stipulated penalties under its
agreement with EPA would be imposed. This program addresses federal
requirements and federal enforcement only; states may have more
stringent requirements.
EPA would specify the terms and conditions for program
participation through a standard participation agreement that each
participant must execute. See APPENDIX II. Comments on the specific
terms and conditions of that agreement are solicited, including the
possible use of binding arbitration to resolve certain disputes if and
to the extent such may then be permitted under the Alternative Dispute
Resolution Act.
To aid informed company decision making on whether to participate,
EPA intends to establish a realistic implementation schedule based on a
progression of activities:
1. Each program participant will notify EPA of its intent to
participate within 60 days of a final program notice. Such early
registration will enable better resource planning and coordination by
the Agency and participating companies.
2. Participants must then assess all of their NSPS Subpart Ka/Kb
tanks with slotted guidepoles. A company could withdraw from the
program even after completing this assessment, but EPA anticipates that
few will do so.
3. Each company will be required to submit an executed
participation agreement to EPA, including a complete Annex A, within
240 days of the final program notice. Annex A would identify all that
company's NSPS Subpart Ka/Kb tanks with slotted guidepoles, specify
when acceptable controls were or will be installed on such tanks and
predict emission reductions that will result from the installation of
these controls. The accuracy of all information submitted to EPA will
be certified by a responsible corporate official. Companies that
already installed acceptable controls on some, many or all of their
NSPS Subpart Ka/Kb affected facilities can participate in this program
and benefit from its certainty and protections, provided such
facilities are identified and included in Annex A.
4. EPA will execute the participation agreement and issue an
enforceable order incorporating the company-supplied Annex A if no
deficiencies are identified (e.g., Annex A's schedule for installing
controls is or will be consistent with applicable requirements under
Section 113(a)(4) of the Clean Air Act at the time the order is
issued).
5. As required by the agreement and order, participating companies
would then install controls as expeditiously as possible.
EPA believes that the above-described program is the best, most
cost-effective way to achieve immediate environmental improvement and
significant progress in resolving this issue. Its terms, conditions and
protections will be available only to those companies that elect to
participate. If and as appropriate, nonparticipants may be subject to
enforcement actions in which significant penalties would be sought for
violations of NSPS Subparts Ka and Kb.
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations and regulatory policies that
have ``substantial direct effects on the
[[Page 2393]]
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.''
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. It reaffirms and publicizes prior
EPA determinations concerning the applicability of certain federal
requirements to the regulated community. Thus, the requirements of
section 6 of the Executive Order do not apply to this notice.
Comments on the approach outlined above, as well as on the specific
items and terms reflected in the following Appendices, are solicited.
To be considered fully, comments must be received by February 28, 2000.
Dated: December 23, 1999.
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.
5. 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.
6. 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.
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 __________ Fed. Reg. __________ (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 each of its NSPS Subpart Ka and Kb
affected facilities 2 with slotted guidepoles
(hereinafter referred to as ``Tanks'') and is submitting this
executed Partnership Agreement to EPA within 240 days of the Program
notice.
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\2\ NSPS Subpart Ka applies to petroleum liquid storage vessels
with a capacity of greater than 40,000 gallons that were
constructed, reconstructed or modified after May 18, 1978; NSPS
Subpart Kb applies to volatile organic liquid storage vessels with a
capacity of greater than 40 cubic meters that were constructed,
reconstructed or modified after July 23, 1984. The equipment design
requirements for floating roof tanks subject to NSPS Subparts Ka and
Kb are found at 40 CFR 60.112a and 60.112b.
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c. Annex A (attached hereto and incorporated by reference
herein) is a true, accurate and complete identification of:
[[Page 2394]]
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
__________ [the date of the Program notice] that date may be used;
and
iii. Predicted emission reductions such controls will achieve at
each Tank.
d. 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
Paragraph 2 of Appendix I.
e. 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.
f. 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 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 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.
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
[[Page 2395]]
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 sent 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 permitted under the
Administrative Dispute Resolution Act of 1996 and EPA policy). If an
agreement on process and procedure is not reached within sixty (60)
days from the date notice was sent 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 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:
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with copy to: U.S. Environmental Protection Agency, 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:
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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):
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EPA agrees to accept service from Participating Company by mail
with respect to all matters relating to or arising under this
Agreement at the address listed below (if different from Paragraph
23):
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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 dispatch 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:------------------------------------------------------------------
[[Page 2396]]
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.
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.
[FR Doc. 00-620 Filed 1-13-00; 8:45 am]
BILLING CODE 6560-50-U