[Code of Federal Regulations]
[Title 40, Volume 8]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR61.272]

[Page 175-178]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 61_NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
--Table of Contents
 
Subpart Y_National Emission Standard for Benzene Emissions From Benzene 
                             Storage Vessels
 
Sec. 61.272  Compliance provisions.

    (a) For each vessel complying with Sec. 61.271(a) (fixed roof and 
internal floating roof) each owner or operator shall:
    (1) After installing the control equipment required to comply with 
Sec. 61.271(a), 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 benzene. 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, the owner or operator 
shall repair the items before filling the storage vessel.
    (2) 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, or at least once every 12 months after September 14, 1989, except 
as provided in paragraph (a)(4)(i) of this section. If the internal 
floating roof is not resting on the surface of the benzene liquid inside 
the storage vessel, or there is liquid 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, an extension of up 
to 30 additional days may be requested from the Administrator in the 
inspection report required in Sec. 61.275(a). 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 ensure 
that the control equipment will be repaired or the vessel will be 
emptied as soon as possible.
    (3) 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. 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 inspections as specified in 
paragraph (a)(2) of this section and at intervals greater than 5 years 
in the case of vessels specified in paragraph (a)(4)(i) of this section.
    (i) For all the inspections required by paragraphs (a)(1) and (a)(3) 
of this section, the owner or operator shall notify the Administrator in 
writing at least 30 days prior to the refilling of each storage vessel 
to afford the Administrator the opportunity to have an observer present. 
If the inspection required by paragraph (a)(3) of this section is not 
planned and the owner or operator could not have known about the 
inspection 30 days in advance of refilling the vessel, 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, the 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 
refilling.
    (ii) 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 benzene.

[[Page 176]]

    (4) For vessels equipped with a double-seal system as specified in 
Sec. 61.271(a)(2)(ii):
    (i) Visually inspect the vessel as specified in paragraph (a)(3) of 
this section at least every 5 years; or
    (ii) Visually inspect the vessel annually as specified in paragraph 
(a)(2) of this section, and at least every 10 years as specified in 
paragraph (a)(3) of this section.
    (b) For each vessel complying with Sec. 61.271(b) (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 the secondary seal 
and the wall of the storage vessel according to the following frequency.
    (i) For an external floating roof vessel equipped with primary and 
secondary seals, measurements of gaps between the vessel wall and the 
primary seal (seal gaps) shall be performed during the hydrostatic 
testing of the vessel or within 90 days of the initial fill with benzene 
or within 90 days of September 14, 1989, whichever occurs last, and at 
least once every 5 years thereafter, except as provided in paragraph 
(b)(1)(ii) of this section.
    (ii) For an external floating roof vessel equipped with a liquid-
mounted primary seal and without a secondary seal as provided for in 
Sec. 61.271(b)(5), measurement of gaps between the vessel wall and the 
primary seal (seal gaps) shall be performed within 90 days of September 
14, 1989, and at least once per year thereafter. When a secondary seal 
is installed over the primary seal, measurement of primary seal gaps 
shall be performed within 90 days of installation and at least once 
every 5 years thereafter.
    (iii) For an external floating roof vessel equipped with primary and 
secondary seals, measurements of gaps between the vessel wall and the 
secondary seal shall be performed within 90 days of the initial fill 
with benzene, within 90 days of installation of the secondary seal, or 
within 90 days after September 14, 1989, whichever occurs last, and at 
least once per year thereafter.
    (iv) If any source ceases to store benzene for a period of 1 year or 
more, subsequent introduction of benzene into the vessel shall be 
considered an initial fill for the purposes of paragraphs (b)(1)(i), 
(b)(1)(ii), and (b)(1)(iii) 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 vessel 
in each place where a 0.32 centimeter (cm) (1/8 in) diameter uniform 
probe passes freely (without forcing or binding against the 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 vessel 
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. Divide the sum for each seal 
by the nominal diameter of the vessel and compare each ratio to the 
respective standards in Sec. 61.272(b)(4) and Sec. 61.272(b)(5).
    (4) Repair conditions that do not meet requirements listed in 
paragraph (b)(4) (i) and (ii) within 45 days of identification in any 
inspection or empty and remove the storage vessel from service within 45 
days.
    (i) The accumulated area of gaps between the vessel wall and the 
metallic shoe seal or the liquid-mounted primary seal shall not exceed 
212 cm\2\ per meter of vessel diameter (10.0 in\2\ per foot of vessel 
diameter) and the width of any portion of any gap shall not exceed 3.81 
cm (1\1/2\ in).
    (A) One end of the metallic shoe is to extend into the stored liquid 
and the other end is to extend a minimum vertical distance of 61 cm (24 
in) above the stored liquid surface.
    (B) There are to be no holes, tears, or other openings in the shoe, 
seal fabric, or seal envelope.

[[Page 177]]

    (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 vessel 
wall except as provided in paragraph (b)(4)(ii)(B) of this section.
    (B) The accumulated area of gaps between the vessel wall and the 
secondary seal shall not exceed 21.2 cm\2\ per meter of vessel diameter 
(1.0 in\2\ per foot of vessel diameter) or the width of any portion of 
any gap shall not exceed 1.27 cm (\1/2\ in). These seal gap requirements 
may be exceeded during the measurement of primary seal gaps as required 
by paragraph (b)(1)(i) or (b)(1)(ii) of this section.
    (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 
this paragraph cannot be repaired within 45 days and if the vessel 
cannot be emptied within 45 days, an extension of up to 30 additional 
days may be requested from the Administrator in the inspection report 
required in Sec. 61.275(d). 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) The owner or operator shall 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 benzene.
    (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 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 advance of refilling the vessel, 
the owner or operator shall notify the Administrator at least 7 days 
prior to 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. 60.271(c), 
other than a flare, shall meet the following requirements.
    (1) Within 90 days after initial fill or after September 14, 1989, 
whichever comes last, submit for approval by the Administrator, an 
operating plan containing the information listed below.
    (i) Documentation demonstrating that the control device being used 
achieves the required control efficiency during reasonably expected 
maximum loading conditions. This documentation is to include a 
description of the gas stream which enters the control device, including 
flow and benzene 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 (1,500 [deg]F) is used to meet the 95

[[Page 178]]

percent requirement, documentation that those conditions 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 is operated and maintained in conformance 
with its design and an explanation of the criteria used for selection of 
that parameter (or parameters).
    (iii) A maintenance plan for the system including the type of 
maintenance necessary, planned frequency of maintenance, and lengths of 
maintenance periods for those operations that would require the closed 
vent system or the control device to be out of compliance with Sec. 
61.271(c). The maintenance plan shall require that the system be out of 
compliance with Sec. 61.271(c) for no more than 72 hours per year.
    (2) Operate, monitor the parameters, and maintain 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 approval 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. 
61.271(c) shall meet the requirements as specified in the general 
control device requirements in 40 CFR 60.18 (e) and (f).

[54 FR 38077, Sept. 14, 1989, as amended at 65 FR 62159, Oct. 17, 2000]