[Title 40 CFR Kb]
[Code of Federal Regulations (annual edition) - July 1, 2009 Edition]
[Title 40 - PROTECTION OF ENVIRONMENT]
[Chapter I - ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)]
[Subchapter C - AIR PROGRAMS (CONTINUED)]
[Part 60 - STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES--]
[Subpart Kb - Standards of Performance for Volatile Organic Liquid Storage]
[From the U.S. Government Printing Office]


40PROTECTION OF ENVIRONMENT62009-07-012009-07-01falseStandards of Performance for Volatile Organic Liquid StorageKbSubpart KbPROTECTION OF ENVIRONMENTENVIRONMENTAL PROTECTION AGENCY (CONTINUED)AIR PROGRAMS (CONTINUED)STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES--
Subpart Kb_Standards of Performance for Volatile Organic Liquid Storage 
     Vessels (Including Petroleum Liquid Storage Vessels) for Which 
 Construction, Reconstruction, or Modification Commenced After July 23, 
                                  1984

    Source: 52 FR 11429, Apr. 8, 1987, unless otherwise noted.



Sec. 60.110b  Applicability and designation of affected facility.

    (a) Except as provided in paragraph (b) of this section, the 
affected facility to which this subpart applies is each storage vessel 
with a capacity greater than or equal to 75 cubic meters (m\3\) that is 
used to store volatile organic liquids (VOL) for which construction, 
reconstruction, or modification is commenced after July 23, 1984.
    (b) This subpart does not apply to storage vessels with a capacity 
greater than or equal to 151 m\3\ storing a liquid with a maximum true 
vapor pressure less than 3.5 kilopascals (kPa) or with a capacity 
greater than or equal to 75 m\3\ but less than 151 m\3\ storing a liquid 
with a maximum true vapor pressure less than 15.0 kPa.
    (c) [Reserved]
    (d) This subpart does not apply to the following:
    (1) Vessels at coke oven by-product plants.

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    (2) Pressure vessels designed to operate in excess of 204.9 kPa and 
without emissions to the atmosphere.
    (3) Vessels permanently attached to mobile vehicles such as trucks, 
railcars, barges, or ships.
    (4) Vessels with a design capacity less than or equal to 1,589.874 
m\3\ used for petroleum or condensate stored, processed, or treated 
prior to custody transfer.
    (5) Vessels located at bulk gasoline plants.
    (6) Storage vessels located at gasoline service stations.
    (7) Vessels used to store beverage alcohol.
    (8) Vessels subject to subpart GGGG of 40 CFR part 63.
    (e) Alternative means of compliance--(1) Option to comply with part 
65. Owners or operators may choose to comply with 40 CFR part 65, 
subpart C, to satisfy the requirements of Sec. Sec. 60.112b through 
60.117b for storage vessels that are subject to this subpart that meet 
the specifications in paragraphs (e)(1)(i) and (ii) of this section. 
When choosing to comply with 40 CFR part 65, subpart C, the monitoring 
requirements of Sec. 60.116b(c), (e), (f)(1), and (g) still apply. 
Other provisions applying to owners or operators who choose to comply 
with 40 CFR part 65 are provided in 40 CFR 65.1.
    (i) A storage vessel with a design capacity greater than or equal to 
151 m\3\ containing a VOL that, as stored, has a maximum true vapor 
pressure equal to or greater than 5.2 kPa; or
    (ii) A storage vessel with a design capacity greater than 75 m\3\ 
but less than 151 m\3\ containing a VOL that, as stored, has a maximum 
true vapor pressure equal to or greater than 27.6 kPa.
    (2) Part 60, subpart A. Owners or operators who choose to comply 
with 40 CFR part 65, subpart C, must also comply with Sec. Sec. 60.1, 
60.2, 60.5, 60.6, 60.7(a)(1) and (4), 60.14, 60.15, and 60.16 for those 
storage vessels. All sections and paragraphs of subpart A of this part 
that are not mentioned in this paragraph (e)(2) do not apply to owners 
or operators of storage vessels complying with 40 CFR part 65, subpart 
C, except that provisions required to be met prior to implementing 40 
CFR part 65 still apply. Owners and operators who choose to comply with 
40 CFR part 65, subpart C, must comply with 40 CFR part 65, subpart A.
    (3) Internal floating roof report. If an owner or operator installs 
an internal floating roof and, at initial startup, chooses to comply 
with 40 CFR part 65, subpart C, a report shall be furnished to the 
Administrator stating that the control equipment meets the 
specifications of 40 CFR 65.43. This report shall be an attachment to 
the notification required by 40 CFR 65.5(b).
    (4) External floating roof report. If an owner or operator installs 
an external floating roof and, at initial startup, chooses to comply 
with 40 CFR part 65, subpart C, a report shall be furnished to the 
Administrator stating that the control equipment meets the 
specifications of 40 CFR 65.44. This report shall be an attachment to 
the notification required by 40 CFR 65.5(b).

[52 FR 11429, Apr. 8, 1987, as amended at 54 FR 32973, Aug. 11, 1989; 65 
FR 78275, Dec. 14, 2000; 68 FR 59332, Oct. 15, 2003]



Sec. 60.111b  Definitions.

    Terms used in this subpart are defined in the Act, in subpart A of 
this part, or in this subpart as follows:
    Bulk gasoline plant means any gasoline distribution facility that 
has a gasoline throughput less than or equal to 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 
requirement or Federal, State or local law, and discoverable by the 
Administrator and any other person.
    Condensate means hydrocarbon liquid separated from natural gas that 
condenses due to changes in the temperature or pressure, or both, and 
remains liquid at standard conditions.
    Custody transfer means the transfer of produced petroleum and/or 
condensate, after processing and/or treatment in the producing 
operations, from storage vessels or automatic transfer facilities to 
pipelines or any other forms of transportation.
    Fill means the introduction of VOL into a storage vessel but not 
necessarily to complete capacity.
    Gasoline service station means any site where gasoline is dispensed 
to motor

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vehicle fuel tanks from stationary storage tanks.
    Maximum true vapor pressure means the equilibrium partial pressure 
exerted by the volatile organic compounds (as defined in 40 CFR 51.100) 
in the stored VOL at the temperature equal to the highest calendar-month 
average of the VOL storage temperature for VOL's stored above or below 
the ambient temperature or at the local maximum monthly average 
temperature as reported by the National Weather Service for VOL's stored 
at the ambient temperature, as determined:
    (1) In accordance with methods described in American Petroleum 
institute Bulletin 2517, Evaporation Loss From External Floating Roof 
Tanks, (incorporated by reference--see Sec. 60.17); or
    (2) As obtained from standard reference texts; or
    (3) As determined by ASTM D2879-83, 96, or 97 (incorporated by 
reference--see Sec. 60.17);
    (4) Any other method approved by the Administrator.
    Petroleum means the crude oil removed from the earth and the oils 
derived from tar sands, shale, and coal.
    Petroleum liquids means petroleum, condensate, and any finished or 
intermediate products manufactured in a petroleum refinery.
    Process tank means a tank that is used within a process (including a 
solvent or raw material recovery process) to collect material discharged 
from a feedstock storage vessel or equipment within the process before 
the material is transferred to other equipment within the process, to a 
product or by-product storage vessel, or to a vessel used to store 
recovered solvent or raw material. In many process tanks, unit 
operations such as reactions and blending are conducted. Other process 
tanks, such as surge control vessels and bottoms receivers, however, may 
not involve unit operations.
    Reid vapor pressure means the absolute vapor pressure of volatile 
crude oil and volatile nonviscous petroleum liquids except liquified 
petroleum gases, as determined by ASTM D323-82 or 94 (incorporated by 
reference--see Sec. 60.17).
    Storage vessel means each tank, reservoir, or container used for the 
storage of volatile organic liquids but does not include:
    (1) Frames, housing, auxiliary supports, or other components that 
are not directly involved in the containment of liquids or vapors;
    (2) Subsurface caverns or porous rock reservoirs; or
    (3) Process tanks.
    Volatile organic liquid (VOL) means any organic liquid which can 
emit volatile organic compounds (as defined in 40 CFR 51.100) into the 
atmosphere.
    Waste means any liquid resulting from industrial, commercial, mining 
or agricultural operations, or from community activities that is 
discarded or is being accumulated, stored, or physically, chemically, or 
biologically treated prior to being discarded or recycled.

[52 FR 11429, Apr. 8, 1987, as amended at 54 FR 32973, Aug. 11, 1989; 65 
FR 61756, Oct. 17, 2000; 68 FR 59333, Oct. 15, 2003]



Sec. 60.112b  Standard for volatile organic compounds (VOC).

    (a) The owner or operator of each storage vessel either with a 
design capacity greater than or equal to 151 m\3\ containing a VOL that, 
as stored, has a maximum true vapor pressure equal to or greater than 
5.2 kPa but less than 76.6 kPa or with a design capacity greater than or 
equal to 75 m\3\ but less than 151 m\3\ containing a VOL that, as 
stored, has a maximum true vapor pressure equal to or greater than 27.6 
kPa but less than 76.6 kPa, shall equip each storage vessel with one of 
the following:
    (1) A fixed roof in combination with an internal floating roof 
meeting the following specifications:
    (i) The internal floating roof shall rest or float on the liquid 
surface (but not necessarily in complete contact with it) inside a 
storage vessel that has a fixed roof. The internal floating roof shall 
be floating on the liquid surface at all times, except during initial 
fill and during those intervals when the storage vessel is completely 
emptied or subsequently emptied and refilled. When the roof is resting 
on the leg supports, the process of filling, emptying, or refilling 
shall be continuous and

[[Page 362]]

shall be accomplished as rapidly as possible.
    (ii) Each internal floating roof shall be equipped with one of the 
following closure devices between the wall of the storage vessel and the 
edge of the internal floating roof:
    (A) A foam- or liquid-filled seal mounted in contact with the liquid 
(liquid-mounted seal). A liquid-mounted seal means a foam- or liquid-
filled seal mounted in contact with the liquid between the wall of the 
storage vessel and the floating roof continuously around the 
circumference of the tank.
    (B) Two seals mounted one above the other so that each forms a 
continuous closure that completely covers the space between the wall of 
the storage vessel and the edge of the internal floating roof. The lower 
seal may be vapor-mounted, but both must be continuous.
    (C) A mechanical shoe seal. A mechanical shoe seal is a metal sheet 
held vertically against the wall of the storage vessel by springs or 
weighted levers and is connected by braces to the floating roof. A 
flexible coated fabric (envelope) spans the annular space between the 
metal sheet and the floating roof.
    (iii) Each opening in a noncontact internal floating roof except for 
automatic bleeder vents (vacuum breaker vents) and the rim space vents 
is to provide a projection below the liquid surface.
    (iv) Each opening in the internal floating roof except for leg 
sleeves, automatic bleeder vents, rim space vents, column wells, ladder 
wells, sample wells, and stub drains is to be equipped with a cover or 
lid which is to be maintained in a closed position at all times (i.e., 
no visible gap) except when the device is in actual use. The cover or 
lid shall be equipped with a gasket. Covers on each access hatch and 
automatic gauge float well shall be bolted except when they are in use.
    (v) Automatic bleeder vents shall be equipped with a gasket and are 
to be closed at all times when the roof is floating except when the roof 
is being floated off or is being landed on the roof leg supports.
    (vi) Rim space vents shall be equipped with a gasket and are to be 
set to open only when the internal floating roof is not floating or at 
the manufacturer's recommended setting.
    (vii) Each penetration of the internal floating roof for the purpose 
of sampling shall be a sample well. The sample well shall have a slit 
fabric cover that covers at least 90 percent of the opening.
    (viii) Each penetration of the internal floating roof that allows 
for passage of a column supporting the fixed roof shall have a flexible 
fabric sleeve seal or a gasketed sliding cover.
    (ix) Each penetration of the internal floating roof that allows for 
passage of a ladder shall have a gasketed sliding cover.
    (2) An external floating roof. An external floating roof means a 
pontoon-type or double-deck type cover that rests on the liquid surface 
in a vessel with no fixed roof. Each external floating roof must meet 
the following specifications:
    (i) Each external floating roof shall be equipped with a closure 
device between the wall of the storage vessel and the roof edge. The 
closure device is to consist of two seals, one above the other. The 
lower seal is referred to as the primary seal, and the upper seal is 
referred to as the secondary seal.
    (A) The primary seal shall be either a mechanical shoe seal or a 
liquid-mounted seal. Except as provided in Sec. 60.113b(b)(4), the seal 
shall completely cover the annular space between the edge of the 
floating roof and tank wall.
    (B) The secondary seal shall completely cover the annular space 
between the external floating roof and the wall of the storage vessel in 
a continuous fashion except as allowed in Sec. 60.113b(b)(4).
    (ii) Except for automatic bleeder vents and rim space vents, each 
opening in a noncontact external floating roof shall provide a 
projection below the liquid surface. Except for automatic bleeder vents, 
rim space vents, roof drains, and leg sleeves, each opening in the roof 
is to be equipped with a gasketed cover, seal, or lid that is to be 
maintained in a closed position at all times (i.e., no visible gap) 
except when the device is in actual use. Automatic bleeder vents are to 
be closed at all times when the roof is floating except when the roof is 
being floated off or is

[[Page 363]]

being landed on the roof leg supports. Rim vents are to be set to open 
when the roof is being floated off the roof legs supports or at the 
manufacturer's recommended setting. Automatic bleeder vents and rim 
space vents are to be gasketed. Each emergency roof drain is to be 
provided with a slotted membrane fabric cover that covers at least 90 
percent of the area of the opening.
    (iii) The roof shall be floating on the liquid at all times (i.e., 
off the roof leg supports) except during initial fill until the roof is 
lifted off leg supports and when the tank is completely emptied and 
subsequently refilled. The process of filling, emptying, or refilling 
when the roof is resting on the leg supports shall be continuous and 
shall be accomplished as rapidly as possible.
    (3) A closed vent system and control device meeting the following 
specifications:
    (i) The closed vent system shall be designed to collect all VOC 
vapors and gases discharged from the storage vessel and operated with no 
detectable emissions as indicated by an instrument reading of less than 
500 ppm above background and visual inspections, as determined in part 
60, subpart VV, Sec. 60.485(b).
    (ii) The control device shall be designed and operated to reduce 
inlet VOC emissions by 95 percent or greater. If a flare is used as the 
control device, it shall meet the specifications described in the 
general control device requirements (Sec. 60.18) of the General 
Provisions.
    (4) A system equivalent to those described in paragraphs (a)(1), 
(a)(2), or (a)(3) of this section as provided in Sec. 60.114b of this 
subpart.
    (b) The owner or operator of each storage vessel with a design 
capacity greater than or equal to 75 m\3\ which contains a VOL that, as 
stored, has a maximum true vapor pressure greater than or equal to 76.6 
kPa shall equip each storage vessel with one of the following:
    (1) A closed vent system and control device as specified in Sec. 
60.112b(a)(3).
    (2) A system equivalent to that described in paragraph (b)(1) as 
provided in Sec. 60.114b of this subpart.
    (c) Site-specific standard for Merck & Co., Inc.'s Stonewall Plant 
in Elkton, Virginia. This paragraph applies only to the pharmaceutical 
manufacturing facility, commonly referred to as the Stonewall Plant, 
located at Route 340 South, in Elkton, Virginia (``site'').
    (1) For any storage vessel that otherwise would be subject to the 
control technology requirements of paragraphs (a) or (b) of this 
section, the site shall have the option of either complying directly 
with the requirements of this subpart, or reducing the site-wide total 
criteria pollutant emissions cap (total emissions cap) in accordance 
with the procedures set forth in a permit issued pursuant to 40 CFR 
52.2454. If the site chooses the option of reducing the total emissions 
cap in accordance with the procedures set forth in such permit, the 
requirements of such permit shall apply in lieu of the otherwise 
applicable requirements of this subpart for such storage vessel.
    (2) For any storage vessel at the site not subject to the 
requirements of 40 CFR 60.112b (a) or (b), the requirements of 40 CFR 
60.116b (b) and (c) and the General Provisions (subpart A of this part) 
shall not apply.

[52 FR 11429, Apr. 8, 1987, as amended at 62 FR 52641, Oct. 8, 1997]



Sec. 60.113b  Testing and procedures.

    The owner or operator of each storage vessel as specified in Sec. 
60.112b(a) shall meet the requirements of paragraph (a), (b), or (c) of 
this section. The applicable paragraph for a particular storage vessel 
depends on the control equipment installed to meet the requirements of 
Sec. 60.112b.
    (a) After installing the control equipment required to meet Sec. 
60.112b(a)(1) (permanently affixed roof and internal floating roof), 
each owner or operator shall:
    (1) Visually inspect the internal floating roof, the primary seal, 
and the secondary seal (if one is in service), prior to filling the 
storage vessel with VOL. If there are holes, tears, or other openings in 
the primary seal, the secondary seal, or the seal fabric or defects in 
the internal floating roof, or both, the owner or operator shall repair 
the items before filling the storage vessel.

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    (2) For Vessels equipped with a liquid-mounted or mechanical shoe 
primary seal, visually inspect the internal floating roof and the 
primary seal or the secondary seal (if one is in service) through 
manholes and roof hatches on the fixed roof at least once every 12 
months after initial fill. If the internal floating roof is not resting 
on the surface of the VOL inside the storage vessel, or there is liquid 
accumulated on the roof, or the seal is detached, or there are holes or 
tears in the seal fabric, the owner or operator shall repair the items 
or empty and remove the storage vessel from service within 45 days. If a 
failure that is detected during inspections required in this paragraph 
cannot be repaired within 45 days and if the vessel cannot be emptied 
within 45 days, a 30-day extension may be requested from the 
Administrator in the inspection report required in Sec. 60.115b(a)(3). 
Such a request for an extension must document that alternate storage 
capacity is unavailable and specify a schedule of actions the company 
will take that will assure that the control equipment will be repaired 
or the vessel will be emptied as soon as possible.
    (3) For vessels equipped with a double-seal system as specified in 
Sec. 60.112b(a)(1)(ii)(B):
    (i) Visually inspect the vessel as specified in paragraph (a)(4) of 
this section at least every 5 years; or
    (ii) Visually inspect the vessel as specified in paragraph (a)(2) of 
this section.
    (4) Visually inspect the internal floating roof, the primary seal, 
the secondary seal (if one is in service), gaskets, slotted membranes 
and sleeve seals (if any) each time the storage vessel is emptied and 
degassed. If the internal floating roof has defects, the primary seal 
has holes, tears, or other openings in the seal or the seal fabric, or 
the secondary seal has holes, tears, or other openings in the seal or 
the seal fabric, or the gaskets no longer close off the liquid surfaces 
from the atmosphere, or the slotted membrane has more than 10 percent 
open area, the owner or operator shall repair the items as necessary so 
that none of the conditions specified in this paragraph exist before 
refilling the storage vessel with VOL. In no event shall inspections 
conducted in accordance with this provision occur at intervals greater 
than 10 years in the case of vessels conducting the annual visual 
inspection as specified in paragraphs (a)(2) and (a)(3)(ii) of this 
section and at intervals no greater than 5 years in the case of vessels 
specified in paragraph (a)(3)(i) of this section.
    (5) Notify the Administrator in writing at least 30 days prior to 
the filling or refilling of each storage vessel for which an inspection 
is required by paragraphs (a)(1) and (a)(4) of this section to afford 
the Administrator the opportunity to have an observer present. If the 
inspection required by paragraph (a)(4) of this section is not planned 
and the owner or operator could not have known about the inspection 30 
days in advance or refilling the tank, the owner or operator shall 
notify the Administrator at least 7 days prior to the refilling of the 
storage vessel. Notification shall be made by telephone immediately 
followed by written documentation demonstrating why the inspection was 
unplanned. Alternatively, this notification including the written 
documentation may be made in writing and sent by express mail so that it 
is received by the Administrator at least 7 days prior to the refilling.
    (b) After installing the control equipment required to meet Sec. 
60.112b(a)(2) (external floating roof), the owner or operator shall:
    (1) Determine the gap areas and maximum gap widths, between the 
primary seal and the wall of the storage vessel and between the 
secondary seal and the wall of the storage vessel according to the 
following frequency.
    (i) Measurements of gaps between the tank wall and the primary seal 
(seal gaps) shall be performed during the hydrostatic testing of the 
vessel or within 60 days of the initial fill with VOL and at least once 
every 5 years thereafter.
    (ii) Measurements of gaps between the tank wall and the secondary 
seal shall be performed within 60 days of the initial fill with VOL and 
at least once per year thereafter.
    (iii) If any source ceases to store VOL for a period of 1 year or 
more, subsequent introduction of VOL into the

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vessel shall be considered an initial fill for the purposes of 
paragraphs (b)(1)(i) and (b)(1)(ii) of this section.
    (2) Determine gap widths and areas in the primary and secondary 
seals individually by the following procedures:
    (i) Measure seal gaps, if any, at one or more floating roof levels 
when the roof is floating off the roof leg supports.
    (ii) Measure seal gaps around the entire circumference of the tank 
in each place where a 0.32-cm diameter uniform probe passes freely 
(without forcing or binding against seal) between the seal and the wall 
of the storage vessel and measure the circumferential distance of each 
such location.
    (iii) The total surface area of each gap described in paragraph 
(b)(2)(ii) of this section shall be determined by using probes of 
various widths to measure accurately the actual distance from the tank 
wall to the seal and multiplying each such width by its respective 
circumferential distance.
    (3) Add the gap surface area of each gap location for the primary 
seal and the secondary seal individually and divide the sum for each 
seal by the nominal diameter of the tank and compare each ratio to the 
respective standards in paragraph (b)(4) of this section.
    (4) Make necessary repairs or empty the storage vessel within 45 
days of identification in any inspection for seals not meeting the 
requirements listed in (b)(4) (i) and (ii) of this section:
    (i) The accumulated area of gaps between the tank wall and the 
mechanical shoe or liquid-mounted primary seal shall not exceed 212 
Cm\2\ per meter of tank diameter, and the width of any portion of any 
gap shall not exceed 3.81 cm.
    (A) One end of the mechanical shoe is to extend into the stored 
liquid, and the other end is to extend a minimum vertical distance of 61 
cm above the stored liquid surface.
    (B) There are to be no holes, tears, or other openings in the shoe, 
seal fabric, or seal envelope.
    (ii) The secondary seal is to meet the following requirements:
    (A) The secondary seal is to be installed above the primary seal so 
that it completely covers the space between the roof edge and the tank 
wall except as provided in paragraph (b)(2)(iii) of this section.
    (B) The accumulated area of gaps between the tank wall and the 
secondary seal shall not exceed 21.2 cm\2\ per meter of tank diameter, 
and the width of any portion of any gap shall not exceed 1.27 cm.
    (C) There are to be no holes, tears, or other openings in the seal 
or seal fabric.
    (iii) If a failure that is detected during inspections required in 
paragraph (b)(1) of Sec. 60.113b(b) cannot be repaired within 45 days 
and if the vessel cannot be emptied within 45 days, a 30-day extension 
may be requested from the Administrator in the inspection report 
required in Sec. 60.115b(b)(4). Such extension request must include a 
demonstration of unavailability of alternate storage capacity and a 
specification of a schedule that will assure that the control equipment 
will be repaired or the vessel will be emptied as soon as possible.
    (5) Notify the Administrator 30 days in advance of any gap 
measurements required by paragraph (b)(1) of this section to afford the 
Administrator the opportunity to have an observer present.
    (6) Visually inspect the external floating roof, the primary seal, 
secondary seal, and fittings each time the vessel is emptied and 
degassed.
    (i) If the external floating roof has defects, the primary seal has 
holes, tears, or other openings in the seal or the seal fabric, or the 
secondary seal has holes, tears, or other openings in the seal or the 
seal fabric, the owner or operator shall repair the items as necessary 
so that none of the conditions specified in this paragraph exist before 
filling or refilling the storage vessel with VOL.
    (ii) For all the inspections required by paragraph (b)(6) of this 
section, the owner or operator shall notify the Administrator in writing 
at least 30 days prior to the filling or refilling of each storage 
vessel to afford the Administrator the opportunity to inspect the 
storage vessel prior to refilling. If the inspection required by 
paragraph (b)(6) of this section is not planned and the owner or 
operator could not have known about the inspection 30 days in

[[Page 366]]

advance of refilling the tank, the owner or operator shall notify the 
Administrator at least 7 days prior to the refilling of the storage 
vessel. Notification shall be made by telephone immediately followed by 
written documentation demonstrating why the inspection was unplanned. 
Alternatively, this notification including the written documentation may 
be made in writing and sent by express mail so that it is received by 
the Administrator at least 7 days prior to the refilling.
    (c) The owner or operator of each source that is equipped with a 
closed vent system and control device as required in Sec. 60.112b 
(a)(3) or (b)(2) (other than a flare) is exempt from Sec. 60.8 of the 
General Provisions and shall meet the following requirements.
    (1) Submit for approval by the Administrator as an attachment to the 
notification required by Sec. 60.7(a)(1) or, if the facility is exempt 
from Sec. 60.7(a)(1), as an attachment to the notification required by 
Sec. 60.7(a)(2), an operating plan containing the information listed 
below.
    (i) Documentation demonstrating that the control device will achieve 
the required control efficiency during maximum loading conditions. This 
documentation is to include a description of the gas stream which enters 
the control device, including flow and VOC content under varying liquid 
level conditions (dynamic and static) and manufacturer's design 
specifications for the control device. If the control device or the 
closed vent capture system receives vapors, gases, or liquids other than 
fuels from sources that are not designated sources under this subpart, 
the efficiency demonstration is to include consideration of all vapors, 
gases, and liquids received by the closed vent capture system and 
control device. If an enclosed combustion device with a minimum 
residence time of 0.75 seconds and a minimum temperature of 816 [deg]C 
is used to meet the 95 percent requirement, documentation that those 
conditions will exist is sufficient to meet the requirements of this 
paragraph.
    (ii) A description of the parameter or parameters to be monitored to 
ensure that the control device will be operated in conformance with its 
design and an explanation of the criteria used for selection of that 
parameter (or parameters).
    (2) Operate the closed vent system and control device and monitor 
the parameters of the closed vent system and control device in 
accordance with the operating plan submitted to the Administrator in 
accordance with paragraph (c)(1) of this section, unless the plan was 
modified by the Administrator during the review process. In this case, 
the modified plan applies.
    (d) The owner or operator of each source that is equipped with a 
closed vent system and a flare to meet the requirements in Sec. 60.112b 
(a)(3) or (b)(2) shall meet the requirements as specified in the general 
control device requirements, Sec. 60.18 (e) and (f).

[52 FR 11429, Apr. 8, 1987, as amended at 54 FR 32973, Aug. 11, 1989]



Sec. 60.114b  Alternative means of emission limitation.

    (a) If, in the Administrator's judgment, an alternative means of 
emission limitation will achieve a reduction in emissions at least 
equivalent to the reduction in emissions achieved by any requirement in 
Sec. 60.112b, the Administrator will publish in the Federal Register a 
notice permitting the use of the alternative means for purposes of 
compliance with that requirement.
    (b) Any notice under paragraph (a) of this section will be published 
only after notice and an opportunity for a hearing.
    (c) Any person seeking permission under this section shall submit to 
the Administrator a written application including:
    (1) An actual emissions test that uses a full-sized or scale-model 
storage vessel that accurately collects and measures all VOC emissions 
from a given control device and that accurately simulates wind and 
accounts for other emission variables such as temperature and barometric 
pressure.
    (2) An engineering evaluation that the Administrator determines is 
an accurate method of determining equivalence.
    (d) The Administrator may condition the permission on requirements 
that may be necessary to ensure operation and maintenance to achieve the 
same

[[Page 367]]

emissions reduction as specified in Sec. 60.112b.



Sec. 60.115b  Reporting and recordkeeping requirements.

    The owner or operator of each storage vessel as specified in Sec. 
60.112b(a) shall keep records and furnish reports as required by 
paragraphs (a), (b), or (c) of this section depending upon the control 
equipment installed to meet the requirements of Sec. 60.112b. The owner 
or operator shall keep copies of all reports and records required by 
this section, except for the record required by (c)(1), for at least 2 
years. The record required by (c)(1) will be kept for the life of the 
control equipment.
    (a) After installing control equipment in accordance with Sec. 
60.112b(a)(1) (fixed roof and internal floating roof), the owner or 
operator shall meet the following requirements.
    (1) Furnish the Administrator with a report that describes the 
control equipment and certifies that the control equipment meets the 
specifications of Sec. 60.112b(a)(1) and Sec. 60.113b(a)(1). This 
report shall be an attachment to the notification required by Sec. 
60.7(a)(3).
    (2) Keep a record of each inspection performed as required by Sec. 
60.113b (a)(1), (a)(2), (a)(3), and (a)(4). Each record shall identify 
the storage vessel on which the inspection was performed and shall 
contain the date the vessel was inspected and the observed condition of 
each component of the control equipment (seals, internal floating roof, 
and fittings).
    (3) If any of the conditions described in Sec. 60.113b(a)(2) are 
detected during the annual visual inspection required by Sec. 
60.113b(a)(2), a report shall be furnished to the Administrator within 
30 days of the inspection. Each report shall identify the storage 
vessel, the nature of the defects, and the date the storage vessel was 
emptied or the nature of and date the repair was made.
    (4) After each inspection required by Sec. 60.113b(a)(3) that finds 
holes or tears in the seal or seal fabric, or defects in the internal 
floating roof, or other control equipment defects listed in Sec. 
60.113b(a)(3)(ii), a report shall be furnished to the Administrator 
within 30 days of the inspection. The report shall identify the storage 
vessel and the reason it did not meet the specifications of Sec. 
61.112b(a)(1) or Sec. 60.113b(a)(3) and list each repair made.
    (b) After installing control equipment in accordance with Sec. 
61.112b(a)(2) (external floating roof), the owner or operator shall meet 
the following requirements.
    (1) Furnish the Administrator with a report that describes the 
control equipment and certifies that the control equipment meets the 
specifications of Sec. 60.112b(a)(2) and Sec. 60.113b(b)(2), (b)(3), 
and (b)(4). This report shall be an attachment to the notification 
required by Sec. 60.7(a)(3).
    (2) Within 60 days of performing the seal gap measurements required 
by Sec. 60.113b(b)(1), furnish the Administrator with a report that 
contains:
    (i) The date of measurement.
    (ii) The raw data obtained in the measurement.
    (iii) The calculations described in Sec. 60.113b (b)(2) and (b)(3).
    (3) Keep a record of each gap measurement performed as required by 
Sec. 60.113b(b). Each record shall identify the storage vessel in which 
the measurement was performed and shall contain:
    (i) The date of measurement.
    (ii) The raw data obtained in the measurement.
    (iii) The calculations described in Sec. 60.113b (b)(2) and (b)(3).
    (4) After each seal gap measurement that detects gaps exceeding the 
limitations specified by Sec. 60.113b(b)(4), submit a report to the 
Administrator within 30 days of the inspection. The report will identify 
the vessel and contain the information specified in paragraph (b)(2) of 
this section and the date the vessel was emptied or the repairs made and 
date of repair.
    (c) After installing control equipment in accordance with Sec. 
60.112b (a)(3) or (b)(1) (closed vent system and control device other 
than a flare), the owner or operator shall keep the following records.
    (1) A copy of the operating plan.
    (2) A record of the measured values of the parameters monitored in 
accordance with Sec. 60.113b(c)(2).
    (d) After installing a closed vent system and flare to comply with 
Sec. 60.112b,

[[Page 368]]

the owner or operator shall meet the following requirements.
    (1) A report containing the measurements required by Sec. 60.18(f) 
(1), (2), (3), (4), (5), and (6) shall be furnished to the Administrator 
as required by Sec. 60.8 of the General Provisions. This report shall 
be submitted within 6 months of the initial start-up date.
    (2) Records shall be kept of all periods of operation during which 
the flare pilot flame is absent.
    (3) Semiannual reports of all periods recorded under Sec. 
60.115b(d)(2) in which the pilot flame was absent shall be furnished to 
the Administrator.



Sec. 60.116b  Monitoring of operations.

    (a) The owner or operator shall keep copies of all records required 
by this section, except for the record required by paragraph (b) of this 
section, for at least 2 years. The record required by paragraph (b) of 
this section will be kept for the life of the source.
    (b) The owner or operator of each storage vessel as specified in 
Sec. 60.110b(a) shall keep readily accessible records showing the 
dimension of the storage vessel and an analysis showing the capacity of 
the storage vessel.
    (c) Except as provided in paragraphs (f) and (g) of this section, 
the owner or operator of each storage vessel either with a design 
capacity greater than or equal to 151 m\3\ storing a liquid with a 
maximum true vapor pressure greater than or equal to 3.5 kPa or with a 
design capacity greater than or equal to 75 m\3\ but less than 151 m\3\ 
storing a liquid with a maximum true vapor pressure greater than or 
equal to 15.0 kPa shall maintain a record of the VOL stored, the period 
of storage, and the maximum true vapor pressure of that VOL during the 
respective storage period.
    (d) Except as provided in paragraph (g) of this section, the owner 
or operator of each storage vessel either with a design capacity greater 
than or equal to 151 m\3\ storing a liquid with a maximum true vapor 
pressure that is normally less than 5.2 kPa or with a design capacity 
greater than or equal to 75 m\3\ but less than 151 m\3\ storing a liquid 
with a maximum true vapor pressure that is normally less than 27.6 kPa 
shall notify the Administrator within 30 days when the maximum true 
vapor pressure of the liquid exceeds the respective maximum true vapor 
vapor pressure values for each volume range.
    (e) Available data on the storage temperature may be used to 
determine the maximum true vapor pressure as determined below.
    (1) For vessels operated above or below ambient temperatures, the 
maximum true vapor pressure is calculated based upon the highest 
expected calendar-month average of the storage temperature. For vessels 
operated at ambient temperatures, the maximum true vapor pressure is 
calculated based upon the maximum local monthly average ambient 
temperature as reported by the National Weather Service.
    (2) For crude oil or refined petroleum products the vapor pressure 
may be obtained by the following:
    (i) Available data on the Reid vapor pressure and the maximum 
expected storage temperature based on the highest expected calendar-
month average temperature of the stored product may be used to determine 
the maximum true vapor pressure from nomographs contained in API 
Bulletin 2517 (incorporated by reference--see Sec. 60.17), unless the 
Administrator specifically requests that the liquid be sampled, the 
actual storage temperature determined, and the Reid vapor pressure 
determined from the sample(s).
    (ii) The true vapor pressure of each type of crude oil with a Reid 
vapor pressure less than 13.8 kPa or with physical properties that 
preclude determination by the recommended method is to be determined 
from available data and recorded if the estimated maximum true vapor 
pressure is greater than 3.5 kPa.
    (3) For other liquids, the vapor pressure:
    (i) May be obtained from standard reference texts, or
    (ii) Determined by ASTM D2879-83, 96, or 97 (incorporated by 
reference--see Sec. 60.17); or
    (iii) Measured by an appropriate method approved by the 
Administrator; or
    (iv) Calculated by an appropriate method approved by the 
Administrator.

[[Page 369]]

    (f) The owner or operator of each vessel storing a waste mixture of 
indeterminate or variable composition shall be subject to the following 
requirements.
    (1) Prior to the initial filling of the vessel, the highest maximum 
true vapor pressure for the range of anticipated liquid compositions to 
be stored will be determined using the methods described in paragraph 
(e) of this section.
    (2) For vessels in which the vapor pressure of the anticipated 
liquid composition is above the cutoff for monitoring but below the 
cutoff for controls as defined in Sec. 60.112b(a), an initial physical 
test of the vapor pressure is required; and a physical test at least 
once every 6 months thereafter is required as determined by the 
following methods:
    (i) ASTM D2879-83, 96, or 97 (incorporated by reference--see Sec. 
60.17); or
    (ii) ASTM D323-82 or 94 (incorporated by reference--see Sec. 
60.17); or
    (iii) As measured by an appropriate method as approved by the 
Administrator.
    (g) The owner or operator of each vessel equipped with a closed vent 
system and control device meeting the specification of Sec. 60.112b or 
with emissions reductions equipment as specified in 40 CFR 65.42(b)(4), 
(b)(5), (b)(6), or (c) is exempt from the requirements of paragraphs (c) 
and (d) of this section.

[52 FR 11429, Apr. 8, 1987, as amended at 65 FR 61756, Oct. 17, 2000; 65 
FR 78276, Dec. 14, 2000; 68 FR 59333, Oct. 15, 2003]



Sec. 60.117b  Delegation of authority.

    (a) In delegating implementation and enforcement authority to a 
State under section 111(c) of the Act, the authorities contained in 
paragraph (b) of this section shall be retained by the Administrator and 
not transferred to a State.
    (b) Authorities which will not be delegated to States: Sec. Sec. 
60.111b(f)(4), 60.114b, 60.116b(e)(3)(iii), 60.116b(e)(3)(iv), and 
60.116b(f)(2)(iii).

[52 FR 11429, Apr. 8, 1987, as amended at 52 FR 22780, June 16, 1987]