United States Environmental Protection Agency Office of Enforcement and Compliance Assurance (2248A) EPA 300-N-00-007 &EPA Enforcement Alert Volume 3, Number 5 Office of Regulatory Enforcement May 2000 EPA Announces Clean Air Act Compliance Incentive Program Developed with API Companies Encouraged to Participate in Environmentally Beneficial, Cost-Cutting 'Slotted Guidepole' Emission Reduction Program; June 12 Deadline The U.S. Environmental Protection Agency (EPA) has announced a compliance agreement program devel- oped with the American Petroleum About Enforcement Alert "Enforcement Alert" i_ published periodically by the Office of Regulatory Enforcement to inform and educate the public and regulated community of important environmental enforcement issues, recent trends and significant enforcement actions. This information should help the regulated community anticipate and prevent violations of federal environmental law that could otherwise lead to enforcement action. Reproduction and wide dissemination of this newsletter are encouraged. See Page 2 for useful compliance assistance resources. Eric V. Schaeffer Director, Office of Regulatory Enforcement Editor: Virginia Bueno (202) 564-8684 bueno.virginia@epa.gov (Please email all address and name changes or subscription requests for this newsletter.) Institute (API) for companies with above-ground tanks that store substan- tial quantities of volatile organic liquids, including petroleum products (e.g., re- fineries, gasoline distribution terminals, chemical plants and other facilities). The Storage Tank Emission Reduc- tion Partnership Program is intended to improve air quality by reducing smog- causing volatile organic compound (VOC) emissions from "slotted guide- poles" expeditiously and at little or no cost for industry, as well as help com- panies meet their compliance obligations under the Clean Air Act. In return for participation, EPA has agreed to eliminate any penalties from companies that agree to audit, disclose, and correct leaks in external floating roofs on storage tanks. Companies desiring to take ad- vantage of this offer must register with EPA no later than June 12, 2000, and submit an executed stan- dard participation agreement by Dec. 11, 2000. Details of this partnership program were published in the Federal Register on April 13, 2000 (See http:// www.epa.gov/fedrgstr/EPAFR-CON- TENTS/2000/April/Day-13/ contents.htm). Slotted guidepoles are devices used on tanks to guide the motion of the external floating roof and sample the contents of the tank for environmental and quality-control purposes. Without emission controls, these guidepoles operate as chimneys, emitting an esti- mated 20,000 pounds of volatile or- ganic compounds annually per tank— roughly equivalent to the emissions from 380 cars and trucks. VOCs in- clude a wide variety of hydrocarbons, some of which are hazardous air pol- lutants such as benzene, toluene, xy- lene and ethyl benzene. The petroleum industry conducted extensive research on emissions from slotted guidepoles. Subsequently, ac- ceptable control options were developed in consultation with the American Pe- troleum Institute. These options were reviewed and approved for use under this program by EPA's Office of Air Quality Planning Standards (OAQPS). Under the terms of this compliance agreement program, companies will not be required to pay penalties if they com- ply with their schedule for installing acceptable controls no later than June Inrmortant Deadlines: June 12,2000: Register with EPA for Storage Tank Emissions Reduction Partnership Program Dec. 11,2000: Submit participation agreement to EPA June 13, 2002: Install acceptable slotted guidepole emissions controls Continued on page 2 on is found on the Internet at http://www. epa.gov/oeca/ore/enfalert/ ------- &EPA United States Environmental Protection Agency Office of Regulatory Enforcement (2248A) Washington, D.C. 20460 Official Business Penalty for Private Use $300 'Enforcement Alert' newsletter Continued from page 1 13, 2002. Additional time will be al- lowed for those tanks that must be taken out of service to install these controls. 'No Visible Gap' Requirement in NSPS Subparts Ka, Kb The slots and the space between the guidepoles and the tank's roof are ob- servable emission pathways that vio- late the "no visible gap" prohibition in the Standards of Performance for Pe- troleum and Organic Liquid Storage Vessels (NSPS Subparts Ka and Kb). 40 CFR 60.112a(a) and 60.112b(a). In a separate Jan. 14, 2000, Fed- eral Register notice, EPA reaffirmed prior determinations that uncontrolled slotted guidepoles do not comply with the "no visible gap" requirement in NSPS Subparts Ka and Kb (See http:// www.epa.gov/fedrgstr/EPA-AIR/2000/ January/Day- 14/a621 .htm). The purpose of the Ka/Kb regula- tions is to reduce emissions from tanks and other petroleum storage vessels. Furthermore, the intent of the "no vis- ible gap" requirement is to eliminate or minimize any pathway through which evaporative tank losses could be emit- ted to the atmosphere. The only exceptions to this closed cover ("no visible gap") requirement are automatic bleeder vents, rim space vents and leg sleeves, which are ex- pressly identified in the rule. All other openings and emission pathways in the roof/cover, including slotted guide- poles, are subject to the "no visible gap" requirement. EPA believes that the slotted guide- poles in many storage tanks across the nation may not be in compliance with NSPS Subparts Ka and Kb. As such, EPA urges companies to assess all of their NSPS Subpart Ka/Kb external floating roof tanks with slotted guide- poles and encourages them to take ad- vantage of this beneficial but short-term compliance incentive program. For more information about the Storage Tank Emission Reduction Partnership Program, contact James K. Jackson, Office of Regulatory En- forcement, Air Enforcement Division (2242A), (202) 564-2002; Email: jackson.james@epa. gov. Useful Conrmliance Assistance Resources Office of Regulatory Enforcement: http://www.epa.gov/oeca/ore/ Air Enforcement Division: http://www.epa.gov/oeca/ore/aed/ Audit Policy Information: http://www.epa.gov/oeca/ore/ apolguid.html Audit Policy Update Newsletter: http://www.epa.gov/oeca/ore/ auditupd.html Office of Compliance: http://www.epa.gov/oeca/main/ compasst/index.html Compliance Assistance Centers: http://www.epa.gov/oeca/main/ compasst/compcenters.html#ccar EPA's Small Business Gateway: http://www.epa.gov/smallbusiness/ ' Recycled/Recyclable. Printed with Soy/Canola Ink on paperthat contains at least 30% recycled fiber ------- |