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/

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 &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

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