[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: 40CFR61.302]

[Page 183-185]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 61_NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
--Table of Contents
 
Subpart BB_National Emission Standard for Benzene Emissions From Benzene 
                           Transfer Operations
 
Sec. 61.302  Standards.

    (a) The owner or operator of an affected facility shall equip each 
loading rack with a vapor collection system that is:
    (1) Designed to collect all benzene vapors displaced from tank 
trucks, railcars, or marine vessels during loading, and
    (2) Designed to prevent any benzene vapors collected at one loading 
rack from passing through another loading rack to the atmosphere.
    (b) The owner or operator of an affected facility shall install a 
control device and reduce benzene emissions routed to the atmosphere 
through the control device by 98 weight percent. If a boiler or process 
heater is used to comply with the percent reduction requirement, then 
the vent stream shall be introduced into the flame zone of such a 
device.
    (c) The owner or operator of an affected facility shall operate any 
flare used to comply with paragraph (b) of this section in accordance 
with the requirements of Sec. 60.18 (b) through (f).
    (d) The owner or operator of an affected facility shall limit 
loading of benzene into vapor-tight tank trucks and vapor-tight railcars 
using the following procedures:
    (1) The owner or operator shall obtain the vapor-tightness 
documentation described in Sec. 61.305(h) for each tank truck or 
railcar loaded at the affected facility. The test date in the 
documentation must be within the preceding 12 months. The vapor-
tightness test to be used for tank trucks and railcars is Method 27 of 
appendix A to 40 CFR part 60.
    (2) The owner or operator shall cross-check the identification 
number for each tank truck or railcar to be loaded with the file of 
vapor-tightness documentation before the corresponding tank truck or 
railcar is loaded. If no documentation is on file, the owner or operator 
shall obtain a copy of the information from the tank truck or railcar 
operator before the tank truck or railcar is loaded.
    (3) Alternate procedures to those described in paragraphs (d)(1) and 
(d)(2) of this section may be used upon application to, and approval by, 
the Administrator.
    (e) The owner or operator of an affected facility shall limit the 
loading of marine vessels to those vessels that are vapor tight as 
determined by either paragraph (e)(1), (e)(2), (e)(3), or (e)(4) of this 
section.
    (1) The owner or operator of an affected facility shall ensure that 
each marine vessel is loaded with the benzene product tank below 
atmospheric pressure (i.e., at negative pressure). If the pressure is 
measured at the interface between the shoreside vapor collection pipe 
and the marine vessel vapor line, the pressure measured according to the 
procedures in Sec. 61.303(f) must be below atmospheric pressure.
    (2) The owner or operator of an affected facility shall use the 
following procedure to obtain the vapor-tightness documentation 
described in Sec. 61.305(h). The vapor-tightness test for marine 
vessels is Method 21 of appendix A to 40 CFR part 60, and shall be 
applied to any potential sources of vapor leaks. A reading of 10,000 
ppmv or greater as methane shall constitute a leak.
    (i) The owner or operator of an affected facility shall obtain the 
leak test documentation described in Sec. 61.305(h) for each marine 
vessel prior to loading, if available. The date of the test listed in 
the documentation must be within the 12 preceding months.
    (ii) If there is no documentation of a successful leak test 
conducted on the marine vessel in the preceding 12 months, the owner or 
operator of an affected facility shall require that a leak test of the 
marine vessel be conducted during the final 20 percent of loading of the 
marine vessel or shall not load the vessel. The test shall be conducted 
when the marine vessel is being loaded at the maximum allowable loading 
rate.

[[Page 184]]

    (A) If no leak is detected, the owner or operator of an affected 
facility shall require that the documentation described in Sec. 
61.305(h) is completed prior to departure of the vessel. The owner or 
operator of the affected facility shall retain a copy of the vapor-
tightness documentation on file.
    (B) If any leak is detected, the owner or operator of an affected 
facility shall require that the vapor-tightness failure be documented 
for the marine vessel owner or operator prior to departure of the 
vessel. The owner or operator of the affected facility shall retain a 
copy of the vapor-tightness documentation on file. Delay of repair of 
equipment for which leaks have been detected will be allowed if the 
repair is technically infeasible without dry-docking the vessel. This 
equipment will be excluded from future Method 21 of appendix A to 40 CFR 
part 60 tests until repairs are effected. Repair of this equipment shall 
occur the next time the vessel is dry-docked.
    (iii) If the marine vessel has failed its most recent vapor-
tightness test as described in Sec. 61.302(e)(2)(ii), the owner or 
operator of the affected facility shall require that the owner or 
operator of the nonvapor-tight marine vessel provide documentation that 
the leaks detected during the previous vapor-tightness test have been 
repaired, or proof that repair is technically infeasible without dry-
docking the vessel. Once the repair documentation has been provided, the 
owner or operator may load the marine vessel. The owner or operator 
shall require that the vapor-tightness test described in Sec. 
61.302(e)(2)(ii) be conducted during loading, and shall retain a copy of 
the vapor-tightness documentation on file.
    (3) The owner or operator of an affected facility shall obtain a 
copy of the marine vessel's vapor-tightness documentation described in 
Sec. 61.305(h) for a test conducted within the preceding 12 months in 
accordance with Sec. 61.304(f).
    (4) Alternate procedures to those described in paragraphs (e)(1), 
(e)(2) and (e)(3) of this section may be used upon application to, and 
approval by, the Administrator.
    (f) The owner or operator of an affected facility shall limit 
loading of benzene to tank trucks, railcars, and marine vessels equipped 
with vapor collection equipment that is compatible with the affected 
facility's vapor collection system.
    (g) The owner or operator of an affected facility shall limit 
loading of tank trucks, railcars, and marine vessels to tank trucks, 
railcars, and marine vessels whose collection systems are connected to 
the affected facility's vapor collection systems.
    (h) The owner or operator of an affected facility shall ensure that 
the vapor collection and benzene loading equipment of tank trucks and 
railcars shall be designed and operated to prevent gauge pressure in the 
tank truck or railcar tank from exceeding, during loading, the initial 
pressure the tank was pressured up to and shown to be vapor tight at 
during the most recent vapor-tightness test using Method 27 of appendix 
A to 40 CFR part 60. This vapor-tightness test pressure is not to be 
exceeded when measured by the procedures specified in Sec. 61.304(c).
    (i) The owner or operator of an affected facility shall ensure that 
no pressure-vacuum vent in the affected facility's vapor collection 
system for tank trucks and railcars shall begin to open at a system 
pressure less than the maximum pressure at which the tank truck or 
railcar is operated.
    (j) The owner or operator of an affected facility shall ensure that 
the maximum normal operating pressure of the marine vessel's vapor 
collection equipment shall not exceed 0.8 times the relief set pressure 
of the pressure-vacuum vents. This level is not to be exceeded when 
measured by the procedures specified in Sec. 61.304(d).
    (k) The owner or operator of an affected facility shall inspect the 
vapor collection system and the control device for detectable emissions, 
and shall repair any leaks detected, in accordance with Sec. 61.242-11 
(e) and (f). This inspection of the vapor collection system and control 
device shall be done during the loading of tank trucks, railcars, or 
marine vessels.
    (l) Vent systems that contain valves that could divert a vent stream 
from a control device shall have car-sealed opened all valves in the 
vent system from the emission source to the control

[[Page 185]]

device, and car-sealed closed all valves in the vent system that would 
lead the vent stream to the atmosphere, either directly or indirectly, 
bypassing the control device.

[55 FR 8341, Mar. 7, 1990, as amended at 65 FR 62159, Oct. 17, 2000]