[Federal Register Volume 65, Number 10 (Friday, January 14, 2000)]
[Rules and Regulations]
[Pages 2336-2337]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-621]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[FRL-6518-2]


Slotted Guidepoles at Certain Petroleum and Organic Liquid 
Storage Vessels

AGENCY: Environmental Protection Agency (EPA).

ACTION: Regulatory interpretation.

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SUMMARY: This action provides express notice that slotted guidepoles at 
certain petroleum storage vessels and tanks may not comply with 
regulatory requirements. Slotted guidepoles are relatively simple 
devices for sampling the contents of a floating roof storage tank. 
Unless they are controlled, the slots, hollow core and the space 
between the guidepole and the tank's roof are observable emission 
pathways that violate the ``no visible gap'' prohibition in the 
Standards of Performance for Storage Vessels for Petroleum Liquids (40 
CFR part 60, subpart Ka (NSPS)) and the Standards of Performance for 
Volatile Organic Liquid Storage Vessels (including Petroleum Liquid 
Storage Vessels) (40 CFR part 60, Subpart Kb (NSPS)).

SUPPLEMENTARY INFORMATION: NSPS Subpart Ka requires that ``each opening 
in the roof except for automatic bleeder vents, rim space vents, and 
leg sleeves, is to be maintained in a closed position at all times 
(i.e., no visible gaps) except when the device is in actual use.'' 40 
CFR 60.112a(a)(1)(iii). See also 40 CFR 60.112a(a)(2). NSPS Subpart Kb 
establishes similar (and more stringent) requirements. 40 CFR 
60.112b(a)(1)(iv) and (a)(2)(ii). Thus, there must be no ``visible 
gap'' or readily observable emission pathway in any tank roof/cover at 
any affected facility under NSPS Subparts Ka and Kb. The overall 
purpose of the Ka/Kb regulations is to reduce emissions from tanks and 
other petroleum storage vessels; the intent of the ``no visible gap'' 
requirement is to eliminate or minimize any pathway through which 
evaporative tank losses could be emitted to the atmosphere. The only 
exceptions to this closed cover (``no visible gap'') requirement are 
expressly identified in the rule: automatic bleeder vents, rim space 
vents and leg sleeves. All other openings and emission pathways in the 
roof/cover, including slotted guidepoles, are subject to the ``no 
visible gap'' requirement.
    Slotted guidepoles are hollow poles with holes or ``slots'' that 
perforate the length of the pole, typically a foot-long and 1.5-inch 
wide. Where the pole passes through the 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 an emissions pathway through which volatile 
organic compounds (VOCs) escape from the tank. Thus, they also 
constitute openings in the tank roof/cover. In short, both the hole 
through which the guidepole passes and the slots in the guidepole 
constitute openings in the roof/cover (i.e., ``visible gaps'') that 
must be maintained in a closed position with appropriate coverings and 
closures except when in actual use.
    Slotted guidepoles are a potential source of significant 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.
    The United States Environmental Protection Agency (``EPA'') issued 
a trio of applicability determinations in which it determined that 
slotted guidepoles were subject to the no visible gap requirement under 
NSPS Subpart Ka/Kb. In the first, the Agency determined that slotted 
guidepoles at external floating roof tanks (NSPS Subparts Ka/Kb) were 
subject to the no visible gap requirement, required the use of gasketed 
covers (e.g., pole wipers) and recognized that gasketed floats were 
available. ADI Control No. 93000002 (April 27, 1993). In the second, 
EPA determined that the no visible gap requirement applied equally to 
slotted guidepoles at both external and internal

[[Page 2337]]

floating roof/cover tanks. It also then observed that one way to 
address visible gaps could be through the use of internal sleeves and 
pole caps, provided there were also external seals which minimized gaps 
and emission pathways between the liquid surface and the atmosphere:

    [T]he intent of the regulations is to ensure that the liquid 
surface is closed off from the atmosphere by a gasketed float or 
other device. This requirement may be met for slotted guide poles 
through the use of internal and external seals which minimize gaps 
and pathways between the liquid surface and the atmosphere.''

ADI Control No. 9400014 (November 16, 1993). The third determination 
reaffirmed both prior determinations, explaining that:

[s]lotted guidepoles are one type of many possible openings in a 
floating roof. EPA need not have specifically cited slotted 
guidepoles for them to be subject to the no visible gap requirement. 
The November 16 [1993] letter [to Chevron] is a clarification that 
slotted guide poles were intended to be regulated by NSPS Ka and Kb 
and have always been subject to the no visible gap requirement.

Letter from John Rasnic, Director, EPA Stationary Source Compliance 
Division, to J.B. Krider, Chevron (June 6, 1994).
    Based on these determinations, EPA Region IX brought enforcement 
actions against 5 California refineries that had tanks with slotted 
guidepoles and later issued a letter to the Western States Petroleum 
Association in which it provided a detailed analysis of the issue, 
determining that slotted guidepoles are subject to the no visible gap 
requirement. Letter from Esteban L. Oyenque, Assistant Regional 
Counsel, EPA Region IX, to Western States Petroleum Association (June 
30, 1995). These enforcement matters were settled by the facilities 
installing controls (e.g., floats and wipers) at 20 NSPS Subpart Ka/Kb 
tanks and 27 non-NSPS tanks.
    This Federal Register document ensures that all members of the 
regulated community are aware of past EPA determinations that 
uncontrolled slotted guidepoles do not comply with the ``no visible 
gap'' requirement in NSPS Subparts Ka and Kb, positions we expressly 
reaffirm today. EPA believes there are a substantial number of 
facilities with slotted guidepoles that are not in compliance with this 
requirement. To address these sources of potentially significant VOC 
emissions in the most expeditious way possible, EPA is also today 
proposing to establish a program for reducing these emissions in a 
highly cost-effective and environmentally beneficial manner. Neither 
this document nor that program modify or otherwise affect the currently 
applicable requirements identified and described above.
    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 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 document 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 document.
    The Office of Air Quality Planning and Standards, Office of Air and 
Radiation, and the Office of Compliance, Office of Enforcement and 
Compliance Assurance, jointly issue this document reaffirming 
regulatory interpretation.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, does not 
apply because this action is not a rule, for purposes of 5 U.S.C. 
804(3).

    Dated: December 23, 1999.
Thomas C. Curran,
Acting Director, Office of Air Quality Planning and Standards, Office 
of Air and Radiation.
    Dated: December 23, 1999.
Bruce R. Weddle,
Acting Director, Office of Compliance, Office of Enforcement and 
Compliance Assurance.
[FR Doc. 00-621 Filed 1-13-00; 8:45 am]
BILLING CODE 6560-50-P