SUBJ:
Petroleum
Bulk
Storage
Stations
(
PBST)
is
Reasonably
Considered
a
New
Subcategory
Under
the
Existing
Effluent
Guidelines
Limitations
and
Standards
for
the
Petroleum
Refining
Industry
(
40
CFR
Part
419)

FROM:
Jan
Matuszko,
EAD
TO:
304(
m)
Rulemaking
Record
DATE:
May
4,
2004
In
the
preliminary
Effluent
Guidelines
Program
Plan
for
2004/
2005
which
EPA
published
in
the
Federal
Register
on
December
31,
2003
(
68
FR
75515­
75531),
EPA
noted
that
it
had
identified
Petroleum
Refining
(
part
419)
as
one
of
two
industrial
categories
for
detailed
investigation
in
the
2004
annual
review:
Further,
this
notice
explained
that
as
part
of
its
review
of
this
industry,
EPA
would
consider
whether
any
new
subcategories
should
be
added.
For
example,
EPA
identified
petroleum
bulk
stations
and
terminals,
which
are
not
currently
regulated
by
technology­
based
effluent
guidelines,
as
a
possible
new
subcategory.
At
that
time,
EPA
explained
that
it
intended
to
consider
petroleum
bulk
stations
and
terminals
(
not
currently
regulated
by
effluent
guidelines)
as
it
reviewed
the
Petroleum
Refining
point
source
category
(
part
419)
because
of
potential
similarities
in
operations
performed,
wastewaters
generated,
and
available
pollution
prevention
and
treatment
options.

EPA
received
15
comments
concerning
petroleum
bulk
stations
and
terminals
(
PBSTs).
Of
these
commenters,
three
questioned
EPA's
consideration
of
PBSTs
as
a
new
subcategory
under
the
existing
Petroleum
Refining
category
(
part
419).
These
commenters
stated
that
PBSTs
should
not
be
considered
as
a
new
subcategory
in
part
419
because:

1.
Many
PBSTs
do
not
operate
a
refinery.
Thus,
many
PBSTs
may
not
believe
the
effluent
guidelines
applied
to
them
because
they
do
not
operate
a
refinery.

2.
All
current
subcategories
under
Part
419
involve
the
production
of
petroleum
products,
not
the
wholesale
distribution
of
crude
petroleum
products
from
bulk
liquid
storage
facilities.

3.
Refineries
produce
diesel
fuel
and
other
products
using
complex
equipment
and
sophisticated
processing
operations.
Terminals
typically
only
load
and
off­
load
refined
petroleum
products
and/
or
store
and
dispense
them.
Refineries
produce
the
products
and
bulk
stations/
terminals
store/
distribute
products.

4.
Discharges
from
PBSTs
are
different
from
those
at
refineries.
Refineries
discharge
cooling
water
at
elevated
temperatures,
water
from
boilers
that
contains
metals
and
other
chemicals
derived
from
processing
and
stormwater
runoff.
PBSTS
primarily
discharge
stormwater
that
may
contain
trace
amounts
of
pollutants
from
petroleum
products.

5.
The
major
source
of
wastewater
at
some
PBSTs
is
bilge
or
ballast
water.
5.
Discharges
from
PBSTs
do
not
pose
the
same
risk
as
discharges
from
refineries.

After
careful
consideration
of
these
comments,
EPA
concludes
it
is
reasonable
to
evaluate
PBSTs
as
a
possible
new
subcategory
of
the
existing
Petroleum
Refining
Category
(
Part
419).
First,
manufacturing
process
employed
is
not
the
only
factor
considered
for
subcategorization.
While
it
is
true
that
some
PBSTS
are
not
engaged
in
the
production
of
petroleum
products,
they
are
engaged
in
the
distribution
of
the
same
products
produced
at
petroleum
refining
facilities.
Consequently,
while
the
resulting
wastewaters
may
not
be
exactly
the
same
in
terms
of
constituents
and
concentrations
(
i.
e.
petroleum
refiners
may
have
some
additional
wastestreams),
it
is
logical
to
conclude
that
PBST
wastewaters
would
be
similar.
In
other
words,
discharges
from
PBSTs
could
be
reasonably
considered
to
be
similar
to
stormwater
discharges
from
Petroleum
Refining
operations.

Second,
only
a
small
portion
of
PBSTs
discharge
wastewater
associated
with
bilge/
ballast
water.
EPA
concludes
that
this
additional
wastewater
source
does
not
merit
a
different
category.
In
fact,
the
topping
subcategory
of
the
Petroleum
Refining
ELG
contains
separate
discharge
requirements
for
ballast
waters.

Third,
consideration
of
PBSTs
as
a
subcategory
under
Petroleum
Refining
is
analogous
to
including
Pesticide
Formulator
Packagers
and
Repackagers
(
PFPRS)
as
a
subcategory
of
the
Pesticide
Manufacturing
ELG
(
40
CFR
Part
455).
Many
PFPRs
are
not
located
at
pesticide
manufacturing
facilities.
PFPRs
are
not
engaged
in
the
manufacturing
of
pesticides,
but
are
engaged
in
the
formulation,
packaging,
or
repackaging
of
a
pesticide
product.
In
other
words,
many
PFPRs
simply
mix
or
dilute
the
active
ingredients
in
pesticide
products
with
inactive
ingredients
without
an
intended
chemical
reaction.
Similarly
to
PBSTs,
these
facilities
aren't
engaged
in
production
and
their
activities
do
not
result
in
a
chemical
reaction
which
would
change
the
nature
of
the
wastewater
produced.
Furthermore,
PFPRs
do
not
employ
sophisticated
techniques
with
complex
equipment
as
many
pesticide
manufactures
do.
In
addition,
wastewaters
produced
from
PFPR
operations
may
not
contain
all
of
the
same
constituents
and
at
the
same
concentrations
as
manufacturers.
The
major
factor
in
including
them
in
this
subcategory
is
that
they
deal
with
the
same
end
product.

Therefore,
for
the
final
2004/
2005
Effluent
Guidelines
Plan,
EPA
is
considering
Petroleum
Bulk
Storage
Stations
as
a
possible
new
subcategory
to
the
existing
effluent
limitations
guidelines
and
standards
for
Petroleum
Refining.
However,
EPA
notes
that
it
agrees
with
commenters
that
PBSTs
should
not
simply
be
lumped
with
all
petroleum
refiners
for
purposes
of
any
effluent
guideline
consideration.
Consequently,
EPA
is
considering
PBSTs
in
the
context
of
the
Petroleum
Refining
Industry,
but
as
a
new,
separate
subcategory.
In
this
manner,
proper
consideration
is
given
to
any
differences
in
operations,
wastewater
sources,
wastewater
characteristics,
wastewater
treatment,
economics,
and
ultimately
risk
associated
with
these
wastewater
sources.
Lastly,
if
EPA
were
to
promulgate
a
new
subcategory
for
PBSTs
under
Part
419,
EPA
would
address
the
comment
on
the
concern
over
the
confusion
of
some
PBSTs
as
to
whether
or
not
such
a
guideline
would
apply
to
them.
