STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS

DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

OFFICE OF AIR RESOURCES

AIR POLLUTION CONTROL REGULATION NO. 32

CONTROL OF VOLATILE ORGANIC COMPOUNDS 

FROM MARINE VESSEL LOADING OPERATIONS 

Effective 31 March 1994

Last Amended   19 July 2007

AUTHORITY:	These regulations are authorized pursuant to R.I. Gen. Laws
§ 42-17.1-2(s) and 23-23, as amended, and have been promulgated
pursuant to the procedures set forth in the R.I. Administrative
Procedures Act, R.I. Gen. Laws Chapter 42-35.

RHODE ISLAND DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

OFFICE OF AIR RESOURCES

AIR POLLUTION CONTROL REGULATION NO. 32

CONTROL OF VOLATILE ORGANIC COMPOUNDS FROM

MARINE VESSEL LOADING OPERATIONS

TABLE OF CONTENTS

  TOC \o "1-3" \h \z \u    HYPERLINK \l "_Toc168801522"  32.1
Definitions	  PAGEREF _Toc168801522 \h  1  

  HYPERLINK \l "_Toc168801523"  32.2	Applicability	  PAGEREF
_Toc168801523 \h  2  

  HYPERLINK \l "_Toc168801524"  32.3	Emission Limitations	  PAGEREF
_Toc168801524 \h  2  

  HYPERLINK \l "_Toc168801525"  32.4	Recordkeeping and Recording	 
PAGEREF _Toc168801525 \h  4  

  HYPERLINK \l "_Toc168801526"  32.5	Compliance Demonstration/Testing	 
PAGEREF _Toc168801526 \h  6  

  HYPERLINK \l "_Toc168801527"  32.6	Compliance Schedules	  PAGEREF
_Toc168801527 \h  6  

  HYPERLINK \l "_Toc168801528"  32.7	General Provisions	  PAGEREF
_Toc168801528 \h  7  

 

RHODE ISLAND DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

OFFICE OF AIR RESOURCES

AIR POLLUTION CONTROL REGULATION NO. 32

CONTROL OF VOLATILE ORGANIC COMPOUNDS FROM

MARINE VESSEL LOADING OPERATIONS

32.1 Definitions

	Unless otherwise expressly defined in this section, the terms used in
this regulation shall be defined by reference to the Rhode Island Air
Pollution Control General Definitions Regulation. As used in this
regulation, the following terms shall, where the context permits, be
construed as follows:

32.1.1	"Combustion device" means emission control equipment used for
combustion or destruction of organic vapors and includes, but is not
limited to, thermal incinerators, catalytic incinerators, flares,
boilers, and process heaters.

32.1.2	"Emsion Control Equipment" means any equipment, machinery,
apparatus, or device used to recover or reduce emissions of volatile
organic compounds.

	32.1.3	"Gasoline" means any petroleum distillate having a Reid vapor
pressure of more than 4 psia as determined by ASTM Method D323.  This
term includes but is not limited to mixtures of alcohols and gasoline.

	32.1.4	"Leak free" means the dripping of a liquid containing volatile
organic compounds at a rate of four drops per minute or less; or an
emission of gaseous volatile organic compounds which causes an
appropriate analyzer sampling one centimeter or less from a source to
register less than 10,000 ppm as methane.

	32.1.5	"Loading Event" means an incident or occurrence beginning with
the connecting of marine terminal storage tanks to a marine tank vessel
by means of pipes or hoses followed by the transferring of organic
liquid cargo and ending with the disconnecting of the pipes or hoses; or
any means of admitting any other liquid into a marine vessel's cargo
tanks.  Loading events shall include only such incidents which occur
when a marine tank vessel is moored to a dock or other permanent
stationary structure.

	32.1.6	"Marine Tank Vessel" means any marine vessel which is specially
constructed or converted to carry liquid bulk cargo in tanks.

	32.1.7	"Marine Terminal" means any facility, equipment, or structure
constructed to load or unload organic liquid bulk cargo into or out of
marine tank vessels.

32.1.8	"Marine Vessel" means any tugboat, tanker, freighter, passenger
ship, barge or other boat, ship or water craft except those used
primarily for recreation.

	32.1.9	"Organic Liquid" means, for the purposes of this regulation,
gasoline, gasoline blending stocks, aviation gas and aviation fuel which
contains gasoline, such as JP-4 type.

32.1.10 "Recovery device" means emission control equipment used to
remove organic vapors and recover liquids or chemicals and includes, but
is not limited to, absorbers, carbon adsorbers, and condensers.

32.1.11 "Segregated ballasting operations" means the loading of ballast
water into tanks on a marine vessel if those tanks are used only for
ballasting and never hold organic liquid.

32.1.12 "Vapor tight marine vessel" means a marine vessel which has been
demonstrated within the previous 12 months to have no leaks.  A marine
vessel loaded at negative pressure is assumed to be vapor tight for the
purposes of this regulation.  Discharges from pressure/vacuum relief
valves on cargo tank vent lines are not considered leaks for the
purposes of this definition.

32.2 Applicability

	32.2.1	The provisions of this regulation apply to any loading event in
which organic liquid is loaded into marine tank vessels and to loading
events in which any liquid is loaded into a marine vessel's cargo tanks
if the most recent cargo held in those tanks was an organic liquid. 
This regulation does not apply to segregated ballasting operations.

	32.2.2	Wherever the term Volatile Organic Compound or VOC is used in
Sections 32.2 through 32.6, this term should be read as Volatile Organic
Compound and Halogenated Organic Compound or VOC and HOC.

32.3 Emission Limitations

	32.3.1	A loading event shall not be conducted unless one of the
following conditions is met:

		(a)	Volatile organic compounds emissions do not exceed 5.7 grams per
cubic meter (2 pounds per 1000 barrels) of liquid loaded into the marine
tank vessel, or

		(b)	The emissions of volatile organic compounds are reduced by at
least 95 percent by weight from uncontrolled conditions if a recovery
device is used and by at least 98 percent by weight from uncontrolled
conditions if a combustion device is used.

	32.3.2	All of a marine terminal's hatches, pressure relief valves,
connections, gauging ports and vents which are used in connection with a
loading event shall be leak free.

	32.3.3	A loading event shall not be conducted unless the receiving
marine vessel is vapor tight.  To determine whether a marine vessel is
vapor tight, the owner or operator of the marine terminal must follow
the following procedures for each loading event, with the exception of
loading events performed at a negative pressure:

		(a)	Obtain a copy of the record of the most recent pressure test or
leak test on the receiving marine vessel.  The record must contain all
information specified in Subsection 32.4.2.

		(b)	If, according to the records obtained pursuant to the requirements
of Subsection 32.3.3 (a), the marine vessel passed the most recent
pressure or leak test and that test was performed within the previous 12
month period, the vessel shall be considered vapor tight.

		(c)	If, according to the records obtained pursuant to the requirements
of Subsection 32.3.3 (a), the marine vessel failed its most recent leak
or pressure test, no loading event shall be conducted unless the
operator of the marine vessel provides written documentation that all
leaks have been repaired subsequent to the failed test.  Any loading
event involving a marine vessel that has been repaired subsequent to
failing its most recent leak or pressure test must be conducted in
conjunction with the performance of a leak test, as specified in
Subsection 32.3.3 (d).

		(d)	If, according to the records obtained pursuant to the requirements
of Subsection 32.3.3 (a), the marine vessel has not passed a leak or
pressure test within the previous 12 month period, a leak test of the
vessel shall be performed during the loading event.  No loading events
shall be performed if the vessel failed its most recent leak test or
pressure test and does not provide the owner or operator of the marine
terminal with documentation that shows that all leaks subsequently have
been repaired, as specified in Subsection 32.3.3 (c).

		(e)	A person testing a marine vessel to determine whether that vessel
is vapor tight shall provide the operator of the marine vessel and the
owner or operator of the marine terminal with documentation of the test
which includes all information specified in Subsection 32.4.2.

32.4 Recordkeeping and Recording

	32.4.1	The owner or operator of a marine terminal loading facility
shall record the following information about each loading event and
maintain this information at the facility for a period of five years:

		(a)	The location of the loading event,

		(b)	The company responsible for conducting the loading event,

		(c)	The date and time at which the marine vessel arrived and departed
from the location of the loading event,

		(d)	The name, registry of vessels and name and address of the legal
owner of the marine tank vessel participating in the loading event,

		(e)	The prior cargo carried by the receiving marine tank vessel,

		(f)	The type and amount of liquid cargo loaded into the receiving
marine tank vessel,

		(g)	The condition of the receiving tanks prior to being loaded (i.e.
cleaned, crude oil, washed, gas freed, etc.),

		(h)	The amount of ballast water added to a marine vessel's tanks,
except for ballast water used in segregated ballasting operations, and

		(i)	A description of procedures used to prevent venting.

	32.4.2	The owner or operator of a marine terminal shall maintain at the
facility for a period of five years a record of the most recent leak
test or pressure test conducted on a marine vessel prior to or in
conjunction with each loading event.  Such records shall be made
available to the Department or to EPA on request and shall include the
following information:

(a)	Test method;

(b)	Marine vessel owner and address;

(c)	Marine vessel identification number;

(d)	Date and location of test;

(e)	Tester's name and signature;

(f)	Witnessing inspector's name, signature and affiliation; and

(g)	Test results.

	32.4.3	The owner or operator of a marine terminal at which loading
events subject to this regulation are conducted shall collect and record
the following information and maintain the information at the facility
for a period of 5 years.  These records shall be made available to the
Department and EPA upon request.

		(a)	The date and results of each emission test performed at the
facility as required in Subsection 32.5.1 and of each leak free
determination  performed as required in Subsection 32.5.2;

		(b)	A daily log of operating time for any capture system, emission
control equipment, and monitoring equipment;

		(c)	A maintenance log for any capture system, emission control
equipment, and monitoring equipment detailing all routine and
non-routine maintenance performed, including dates and duration of any
outages;

		(d)	A maintenance log for all of the marine terminal's hatches,
pressure relief valves, connections, gauging ports and vents which are
used in connection with loading events, including dates when leaks were
repaired;

		(e)	The dates of any loading events which bypassed the emission
control equipment or which were performed when the marine terminal was
not leak free;

		(f)	For thermal incinerators:

			(1)	All 3-hour periods of operation in which the average combustion
temperature was more than 28EC (50EF) below the average combustion
temperature during the most recent performance test that demonstrated
that the facility was in compliance, and

			(2)	The operating temperature.

		(g)	For catalytic incinerators:

			(1)	All periods where the temperature increase across the catalyst
bed is less than 80% of the temperature increase recorded during the
most recent performance test that demonstrated that the facility was in
compliance, and

			(2)	The inlet and outlet temperatures and temperature rise across the
catalyst bed.

		(h)	For carbon adsorbers:

			(1)	All 3-hour periods of operation during which the average VOC
concentration or reading of organics in the exhaust gases is more than
20 percent greater than the average exhaust gas concentration or reading
measured by the organics monitoring device during the most recent
determination of the recovery efficiency of the carbon adsorber that
demonstrated that the facility was in compliance, and

			(2)	The pressure drop across the adsorber and the hydrocarbon levels
for breakthrough.

32.5 Compliance Demonstration/Testing

	32.5.1	Compliance with the emission limitations of Subsection 32.3.1
shall be demonstrated upon start up of the emission control equipment
and thereafter upon request of the Director in accordance with 40 CFR
60, Appendix A, Method 25 as amended or another EPA approved method
which has been accepted by the Director.  This test shall be conducted
so that at least 50% of the total liquid loaded is included.

	32.5.2	Leak free determinations at marine terminals shall be made upon
start up of the emission control equipment and monthly thereafter. 
Gaseous leaks shall be measured in accordance with EPA Reference Method
21 or another method which has been accepted by the Director and by EPA.

	32.5.3	Any leak test or pressure test used to demonstrate that a marine
vessel is vapor tight shall utilize a method which has been accepted by
the Director and by EPA.

	32.5.4	The owner or operator of a marine terminal shall notify the
Director of the date of any test demonstrating the control efficiency of
emission control equipment at least 90 days in advance of that date.  If
required by the Department, a sampling protocol shall be submitted at
least 60 days in advance of the testing date.  Testing results shall be
submitted to the Office of Air Resources within 30 days of completion of
the test.

32.6	Compliance Schedules

	32.6.1	Any marine terminal at which a loading event subject to this
regulation is conducted shall be in compliance with the provisions of
Sections 32.3 and 32.4 on and after January 1, 1996.

	32.6.2	The owner or operator of any marine terminal at which loading
events subject to this regulation are conducted shall, by July 30, 1994,
submit to the Director a compliance plan which describes the steps and
schedule that will be taken to achieve compliance with this regulation.

	32.6.3	Any compliance plan which includes equipment replacement or
modification or installation of emission control equipment shall provide
for periodic increments of progress, including but not limited to:

	(a)	Date by which engineering plans and permit applications will be
submitted,

(b)	Date by which equipment will be ordered,

(c)	Installation date after confirmation of order by the manufacturer,
and

	(d)	Date by which the applicable regulatory emission limitations will
be achieved after equipment is in satisfactory operation.

	32.6.4	No compliance schedule submitted to satisfy the requirements of
this section shall allow a facility to exceed any applicable emission
limitations including but not limited to:

	(a)	Best Available Control Technology determinations, or

	(b)	Lowest Achievable Emissions Rate determinations, or

	(c)	Federal New Source Performance Standards codified at 40 CFR Part
60, or National Emission Standards for Hazardous Air Pollutants,
codified at 40 CFR Part 61 or Part 63, or

	(d)	Any other condition or standard that is specifically required by
the Clean Air Act (as amended) for new or modified sources.

	32.6.5	Compliance schedules submitted in accordance with the
requirements of this section are subject to review and approval by the
Director.

General Provisions

Purpose

The purpose of this regulation is to limit volatile organic compound
emissions from marine vessel loading operations.

Authority

These regulations are authorized pursuant to R.I. Gen. Laws §
42-17.1-2(s) and 23-23, as amended, and have been promulgated pursuant
to the procedures set forth in the R.I. Administrative Procedures Act,
R.I. Gen. Laws Chapter 42-35

Application

The terms and provisions of this regulation shall be liberally construed
to permit the Department to effectuate the purposes of state law, goals
and policies.

Severability

If any provision of this regulation or the application thereof to any
person or circumstance, is held invalid by a court of competent
jurisdiction, the validity of the remainder of the regulation shall not
be affected thereby.

Effective Date

The foregoing regulation, "Control of Volatile Organic Compounds from
Marine Vessel Loading Operations”, as amended, after due notice, is
hereby adopted and filed with the Secretary of State this _29th_ day of
_______June____, 2007_ to become effective twenty (20) days thereafter,
in accordance with the provisions of Chapters 23-23, 42-35, 42-17.1,
42-17.6, of the General Laws of Rhode Island of 1956, as amended.

W. Michael Sullivan, PhD., Director

Department of Environmental Management

Notice Given on:  February 21, 2007

Public Hearing held:	  March 23, 2007

Filing Date:	June 29, 2007

Effective Date:      July 19, 2007

 

 

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