N.J. Admin. Code § 7:27-16.5

Current through Register Vol. 56, No. 9, May 6, 2024

Section 7:27-16.5 - Marine tank vessel loading and ballasting operations

(a) The provisions of this section apply to the following marine tank vessel operations conducted at marine terminals in New Jersey:

1. The transfer of applicable VOC, including gasoline, as cargo into a marine tank vessel; and

2. Ballasting conducted in a marine tank vessel, unless the ballasting is conducted in dedicated ballast tanks that never contain anything other than water.

(b) The owner or operator of any marine terminal having an annual throughput of 6,000,000 gallons (22,710,000 liters) or greater for loading gasoline as cargo into marine tank vessels or having a daily throughput, between May 1 and September 30, of 60,000 gallons or greater for loading gasoline as cargo into marine tank vessels shall install and operate a control apparatus, which reduces the total VOC emissions to the outdoor atmosphere resulting from gasoline transfers at the facility by no less than 95 percent by weight.

(c) The owner or operator of any marine terminal that meets the following criteria shall install and operate a control apparatus, which reduces the total VOC emissions to the outdoor atmosphere resulting from applicable VOC transfers at the facility by no less than 95 percent by weight, or shall, by October 26, 1994, submit to the Department a written alternative emission control plan in accordance with 7:27-16.17 that shall be implemented in accordance with a schedule in the plan approved in accordance with 7:27-16.17:

1. The marine terminal is a major VOC facility;

2. A transfer of some applicable VOC that is not gasoline is conducted at the marine terminal; and

3. Any of the source operations at the terminal which include the transfer of some applicable VOC that is not gasoline has the potential to emit 10 tons per year or more of VOC.

(d) Effective on July 26, 1994, the Department shall not approve an application for a permit for equipment or control apparatus, required pursuant to (b) or (c) above, unless:

1. The system has been designed to collect and control the emissions of applicable VOC resulting from ballasting; or

2. The potential to emit VOC from ballasting is limited to less than two pounds of VOC per 1,000 barrels of ballast transferred.

(e) Effective on July 26, 1994, if a marine tank vessel and marine terminal is equipped with a control apparatus, no person shall cause, suffer, allow, or permit ballasting to be conducted on a marine tank vessel at a marine terminal, unless:

1. The ballasting is conducted in dedicated ballast tanks that only use water;

2. The control apparatus is used during ballasting; or

3. The potential to emit VOC from ballasting is less than two pounds of VOC per 1,000 barrels of ballast transferred.

(f) Effective on July 26, 1994, no person subject to the provision of (b) above, and effective May 31, 1995, no person subject to (c) above, shall cause, suffer, allow, or permit any transfer of any applicable VOC, or ballasting if:

1. The delivery vessel being loaded, any control apparatus or other equipment serving the transfer operation has a leak that:

i. Results in a concentration of VOC greater than or equal to 100 percent of the lower explosive limit of propane when measured at a distance of 1.0 inch (2.54 centimeters) or less from the source; or

ii. Is a liquid leak of applicable VOC;

2. Any component of the marine tank vessel or any control apparatus serving the source operation is not installed and operating as designed; or

3. The transfer results or would result in a liquid VOC spill.

(g) Monitoring for gaseous leaks of VOC shall be conducted according to EPA's Reference Method 21 (40 CFR-Part 60-Appendix A), incorporated herein by reference, or any other equivalent test method approved in advance in writing by the Department and acceptable to EPA.

(h) Any testing to determine VOC emissions during the transfer of VOC to a marine tank vessel, conducted in order to determine compliance with this section, shall be performed for at least 60 minutes during the transfer of the last 50 percent of total liquid cargo. For a transfer operation for which the transfer of the last 50 percent of the total liquid cargo is less than a 60 minute duration, the testing shall be performed during the transfer of the entire last 50 percent of the total liquid cargo.

(i) Any tests conducted pursuant to this section to determine emissions of VOC shall be carried out in accordance with:

1. New Jersey Air Test Method 3 (N.J.A.C. 7:27B-3 );

2. EPA's Reference Method 25 or 25(a) (40 CFR-Part 60-Appendix A); or

3. Any other equivalent test method approved in advance in writing by the Department and acceptable to EPA.

(j) Effective on July 26, 1994, the owner or operator of a marine terminal subject to (b) or (c) above shall maintain at the marine terminal records sufficient to demonstrate compliance with this section. Any records required by this section shall be made available to the Department upon request and shall be maintained for five years. For each transfer of gasoline or other applicable VOC to the marine tank vessel and for performance of ballasting on a marine tank vessel at the marine terminal, the records shall include the following information:

1. The company name and address of the marine terminal;

2. The date;

3. The name and registry of the marine tank vessel;

4. For any transfer operation, the type of VOC and the quantity, in gallons or liters, loaded into the marine tank vessel;

5. The prior cargo carried by the marine tank vessel and the condition (that is, cleaned, crude oil washed, gas freed, etc.) of the cargo tanks on the marine tank vessel prior to their being loaded or ballasted; and

6. For ballasting, the amount of ballast water or other liquid added to ballast tanks which are unsegregated and which may contain VOC vapor.

(k) It is an affirmative defense to liability for a violation of any of the provisions of this section that compliance would have any of the following effects:

1. Require any act or omission that would be in violation of any statute or regulation over which the United States Coast Guard has jurisdiction; or

2. Prevent an act that was necessary to secure the safety of a vessel or the safety of the passengers or crew.

N.J. Admin. Code § 7:27-16.5

New Rule, R.1994 d.313, effective 6/20/1994 (operative July 26, 1994).
See: 25 New Jersey Register 3339(a), 26 New Jersey Register 2600(a).
Prior text at section, "Surface coating and graphic arts operations", recodified as 7:27-16.7.
Amended by R.2000 d.204, effective 5/15/2000 (operative June 6, 2000).
See: 31 New Jersey Register 1671(a), 32 New Jersey Register 1808(a).
In (b), substituted a reference to September 30 for a reference to September 15.