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ORR # 2000-067
DEPARTMENT OF ENVIRONMENTAL QUALITY AIR QUALITY DIVISION
AIR POLLUTION CONTROL
Filed with the Secretary of State on March 11, 2002.
These rules take effect 7 days after filing with the Secretary of State.
(By authority conferred on the director of the department of environmental quality by sections 5503 and 5512 of 1994 PA 451, MCL 324.5503 and 324.5512, and Executive Reorganization Order No. 1995-18, MCL
324.99903)
R 336.1701, R 336.1702, R 336.1703, R 336.1704, and R 336.1705 of the Michigan Administrative Code are amended as follows:
PART 7. EMISSION LIMITATIONS AND PROHIBITIONS-- NEW SOURCES OF VOLATILE ORGANIC COMPOUND EMISSIONS
R 336.1701 "New source" defined.
Rule 701. For the purpose of this part, a "new source" means any process or process equipment which is either placed into operation on or after July 1, 1979, or for which an application for a permit to install, pursuant to the provisions of Part 2 of these rules, is made to the department on or after July 1, 1979, or both, except for any process or process equipment which is defined as an "existing source" under R 336.1601.
R 336.1702 New sources of volatile organic compound emissions generally.
Rule 702. A person who is responsible for any new source of volatile organic compound emissions shall not cause or allow the emission of volatile organic compound emissions from the new source in excess of the lowest maximum allowable emission rate of the following:
(a) The maximum allowable emission rate listed by the department on its own initiative or based upon the application of the best available control technology.
(b) The maximum allowable emission rate specified by a new source performance standard promulgated by the United States environmental protection agency under authority enacted by title I, part A, section 111 of the clean air act, as amended, 42 U.S.C. §7413.
(c) The maximum allowable emission rate specified as a condition of a permit to install or a permit to operate.
(d) The maximum allowable emission rate specified in part 6 of these rules which would otherwise be applicable to the new source except for the date that the process or process equipment was placed into operation or for which an application for a permit to install, under the provisions of part 2 of these rules, was made to the
department. If the part 6 allowable emission rate provides for a future compliance date, then the future compliance date shall also be applicable to a new source pursuant to this subdivision.
R 336.1703 Loading gasoline into new stationary vessels of more than 2,000-gallon capacity at dispensing facilities.
Rule 703. (1) It is unlawful for a person to load or allow the loading of gasoline from a delivery vessel into any new stationary vessel of more than 2,000-gallon capacity located at any gasoline dispensing facility, unless such stationary vessel is equipped with a permanent submerged fill pipe.
(2) It is unlawful for a person to load or allow the loading of gasoline from a delivery vessel into any new stationary vessel of more than 2,000-gallon capacity located at a new gasoline dispensing facility or an existing gasoline dispensing facility subject to R 336.1606(3) and (4) in any area listed in table 61, unless the stationary vessel is controlled by a vapor balance system or an equivalent control system approved by the department. The vapor balance system shall capture displaced gasoline vapor and air via a vaportight collection line and shall be designed to return not less than 90% by weight of the displaced gasoline vapor from the stationary vessel to the delivery vessel.
(3) Any stationary vessel subject to subrule (2) of this rule shall be equipped, maintained, or controlled with both of the following:
(a) An interlocking system or procedure to ensure that the vaportight collection line is connected before any gasoline can be loaded.
(b) A device to ensure that the vaportight collection line shall close upon disconnection so as to prevent release of gasoline vapor.
(4) Any delivery vessel subject to subrule (2) of this rule shall be vaportight and shall be filled only at a loading facility that is equipped with a system as required in R 336.1606(3) and (4), R 336.1609(2) and (3), R 336.1705(2) and (3), or R 336.1706(2) and (3).
(5) A new stationary vessel at a gasoline dispensing facility that is not subject to the provisions of subrules (2) and (3) of this rule shall be constructed in a manner that will allow the vessel to be retrofitted according to subrules (2) and (3) of this rule.
R 336.1704 Loading gasoline into new stationary vessels of more than 2,000-gallon capacity at loading facilities.
Rule 704. (1) It is unlawful for a person to load or allow the loading of gasoline from a delivery vessel into any new stationary vessel of more than 2,000-gallon capacity located at any gasoline loading facility, unless the stationary vessel is equipped with a permanent submerged fill pipe.
(2) It is unlawful for a person to load or allow the loading of gasoline from a delivery vessel into any new stationary vessel of more than 2,000-gallon capacity located at any of the following loading facilities, unless the stationary vessel is controlled by a vapor balance system or an equivalent control system approved by the department:
(a) A new loading facility located in any area listed in table 61.
(b) A new loading facility located in any area not listed in table 61 that delivers gasoline to a gasoline-dispensing facility subject to the provisions of R 336.1606(3) and (4) or R 336.1703(2) and (3).
(c) An existing loading facility subject to the provisions of R 336.1607(3) and (4).
The vapor balance system shall capture displaced gasoline vapor and air via a vaportight collection line and shall be designed to return not less than 90% by weight of the displaced gasoline vapor from the stationary vessel to the delivery vessel.
(3) Any stationary vessel subject to subrule (2) of this rule shall be equipped, maintained, or controlled with all of the following:
(a) An interlocking system or procedure to ensure that the vaportight collection line is connected before any gasoline can be loaded.
(b) A device to ensure that the vaportight collection line shall close upon disconnection so as to prevent release of gasoline vapor.
(c) Pressure-vacuum relief valves on aboveground stationary vessels that have a minimum pressure valve setting of 8 ounces, if such setting does not exceed the container's maximum pressure rating.
(4) Any delivery vessel subject to subrule (2) of this rule shall be vaportight.
(5) A person responsible for the operation of all control measures required by this rule shall develop written procedures for the operation of all control measures specified in subrule (3) of this rule, and the procedures shall be posted in an accessible, conspicuous location near the stationary vessel.
(6) A new stationary vessel at a gasoline loading facility that is not subject to the provisions of subrules (2) and
(3) of this rule shall be constructed in a manner that allows the vessel to be retrofitted according to subrules (2) and (3) of this rule.
R 336.1705 Loading gasoline into delivery vessels at new loading facilities handling less than 5,000,000 gallons per year.
Rule 705. (1) It is unlawful for a person to load, or allow the loading of, gasoline from a stationary vessel into any delivery vessel at a new loading facility that has a throughput of less than 5,000,000 gallons per year, unless the delivery vessel is filled by a submerged fill pipe.
(2) It is unlawful for a person to load, or allow the loading of, gasoline from a stationary vessel into any delivery vessel located at either of the following loading facilities that has a throughput of less than 5,000,000 gallons per year, unless the delivery vessel is controlled by a vapor balance system or an equivalent control system approved by the department:
(a) A new loading facility located in any area listed in table 61.
(b) A new loading facility located in any area which is not listed in table 61 that delivers gasoline to a gasoline- dispensing facility subject to R 336.1606 (3) and (4) or R 336.1703(2) and (3).
The vapor balance system shall capture displaced gasoline vapor and air by means of a vaportight collection line and shall be designed to return not less than 90%, by weight, of the displaced gasoline vapor from the delivery vessel to the stationary vessel.
(3) Any delivery vessel that is loaded at a facility subject to subrule (2) of this rule shall be equipped, maintained, or controlled with all of the following:
(a) An interlocking system or procedure to ensure that the vaportight collection line is connected before any gasoline can be loaded.
(b) A device to ensure that the vaportight collection line shall close upon disconnection so as to prevent the release of gasoline vapor.
(c) A device or procedure to accomplish complete drainage before the loading device is disconnected, or a device or procedure to prevent liquid drainage from the loading device when not in use.
(d) Pressure-vacuum relief valves that are vaportight and set to prevent the emission of displaced gasoline vapor during the loading of the delivery vessel, except under emergency conditions.
(e) Hatch openings that are kept closed and vaportight during the loading of the delivery vessel.
(4) Any stationary vessel at a facility subject to subrule (2) of this rule shall be vaportight.
(5) A person who is responsible for the operation of all control measures required by this rule shall develop written procedures for the operation of all the control measures. The procedures shall be posted in an accessi- ble, conspicuous location near the loading device.
