7 Del. Admin. Code § 1124-46.0
05/11/2007
As used in 46.0 of this regulation, all terms not defined herein shall have the meaning given them in 7 DE Admin. Code 1101 or in 2.0 of this regulation.
"Baseline volume" means the average annual volume, in barrels per year, of crude oil lightered in the waters of the State during calendar years 2004 and 2005. If an existing lightering service did not carry out lightering operations throughout 2004 and 2005, the baseline volume for that existing lightering service shall be the average annual volume of crude oil lightered in the waters of State during the 24 month period beginning with its first lightering operation after December 31, 2003.
"Controlled lightering operation" means a lightering operation in which the VOC emissions are being controlled by the use of a vapor balancing system.
"Depressurization venting" means the release of vapors to the atmosphere from the ship to be lightered, the service vessel or the vapor balancing system during controlled lightering operations.
"Emergency lightering operations" means the transfer of crude oil cargo to mitigate or prevent a cargo spill, to stabilize a vessel whose integrity has been compromised, or to comply with the requirements of a Coast Guard Captain of the Port Order issued under the authority of the Ports and Waterways Safety Act, 33 USC 1221, as implemented by 33 CFR 160.111.
"Existing lightering service" means any lightering service that carried out a lightering operation in the waters of the State with an operating permit prior to the effective date of 46.0 of this regulation.
"Existing service vessel" means a service vessel that has been used in a lightering operation in the waters of the State prior to the effective date of 46.0 of this regulation.
"Lightering operation" means the transfer of crude oil from the cargo tank of a ship to be lightered to the cargo tank of a service vessel. Transfers of crude oil from the cargo tanks of a lightering service's marine tank vessel to the cargo tanks of another marine tank vessel or reverse lightering is exempt from the requirements of 46.0 of this regulation.
"Lightering service" means any owner or operator that, under contract, carries out a lightering operation.
"Marine tank vessel" means any marine vessel, which is specifically constructed or converted to carry liquid bulk cargo in cargo tanks.
"New lightering service" means any lightering service that is not an existing lightering service.
"New service vessel" means a service vessel that is not an existing service vessel.
"Ozone Action Day" means a day that is predicted, based on forecasted weather conditions, to reach unhealthy ozone concentrations. Frequently called a Code Red Day, an Ozone Action Day is declared prior to 1430 hours (local time) for the following day.
"Service vessel" means the marine tank vessel receiving crude oil during a lightering operation.
"Ship to be lightered" means the marine tank vessel delivering crude oil during a lightering operation.
"Uncontrolled lightering" means the period or periods when VOC emissions are vented from the service vessel to the atmosphere during a lightering operation.
"Uncontrolled lightering operation" means a lightering operation conducted without vapor balancing.
"Vapor balancing" means the collection and transfer of vapors displaced by the incoming crude oil from the cargo tank of a service vessel into a cargo tank of the ship to be lightered.
"Vapor control system" means an arrangement of piping and equipment used to control vapor emissions collected from a marine tank vessel. For the purposes of 46.0 of this regulation, vapor control system, also, includes vapor balancing.
"Vapor leak" means a gaseous leak that is detectable by sight, sound, or smell.
"Vapor tight service vessel" means a marine tank vessel that has successfully demonstrated vapor tightness using the method in either paragraph (c)(1) or (c)(2) of 40 CFR 63.565 within the preceding twelve months.
"Waters of the State" means those waters within the boundaries of the State, including the 12 mile circle described from New Castle and extended to the low water mark on the eastern side of the Delaware River and extending below the 12 mile circle with the middle of the shipping channel through the Delaware River and Bay and extending to the Atlantic Ocean and including those waters of the territorial sea which are in direct contact with the coast of Delaware, extending from the line of ordinary low water seaward for a distance of three geographical miles. This definition shall include any waters beyond the three-mile mark as authorized by Federal Law.
Table 46-1 | |
Beginning on | Maximum allowable uncontrolled lightering volume |
May 1, 2008 | 80 % |
May 1, 2010 | 61 % |
May 1, 2012 | 43 % |
(46-1)
where,
TUV = the total uncontrolled volume for each given lightering operation. This total volume is used in the determination of 12-month rolling total volume of uncontrolled lightering in 46.4.1.4 of this regulation.
V = the volume of crude oil transferred to the service vessel when displaced vapors are emitted directly to the atmosphere rather than collected and controlled by vapor balancing.
EV = the equivalent volume of crude oil transferred corresponding to the collected and controlled vapors emitted from the service vessel to the atmosphere as a result of depressurization venting. The equivalent volume of crude oil shall be calculated using paragraph (d)(2)(i)(D)(10) of 40 CFR 63.1257 or a method approved by the Department.
i = the individual uncontrolled venting when transferring crude oil.
j = the individual depressurization venting.
m = the total number of uncontrolled ventings of displaced vapors when transferring crude oil for each given lightering operation.
n = the total number of depressurization ventings for each given lightering operation.
Beginning in February 2010, the Department shall conduct an annual audit of lightering service records to identify the frequency and duration of VOC ventings from the ships to be lightered. If the Department finds that ventings from the ships to be lightered reduce the VOC emission reductions achieved by the lightering services to a level below the maximum allowable uncontrolled lightering volume required in Table 46-1 of this regulation, the Department shall implement solutions, which could include amending 46.0 of this regulation.
Beginning May 1, 2007, uncontrolled lightering operations shall be curtailed as follows on any day that the Department declares an Ozone Action Day.
To demonstrate initial compliance, the owner or operator of a lightering service shall provide the Department with the information specified in 46.5.2.1 and 46.5.2.2 of this regulation.
The ongoing compliance demonstration plan shall include, at a minimum, the information specified in 46.5.3.1 through 46.5.3.5 of this regulation.
The owner or operator of a lightering service subject to 46.0 of this regulation shall keep the records specified in 46.7 of this regulation in a readily accessible location for at least five years. These records shall be made immediately available to the Department on verbal or written request. For the purposes of 46.7 of this regulation, the terms "readily accessible location" and "immediately available" may apply to records located on a service vessel.
The owner or operator of a lightering service shall be exempted from the requirements of 46.0 of this regulation while carrying out emergency lightering operations, except for the requirements of 46.8.1 and 46.8.2 of this regulation.
The owner or operator of a lightering service subject to 46.0 of this regulation shall, for each occurrence of an excess emission, submit a report to the Department within 30 calendar days of becoming aware of such occurrence. Excess emissions can include, but are not limited to, failing to operate the vapor balancing system when practicable, inadvertently or knowingly venting VOCs from the vapor balancing system to the atmosphere during controlled lightering operations, conducting uncontrolled lightering operations on an Ozone Action Day during prohibited times, exceeding the maximum allowable uncontrolled lightering volume percentages in Table 46-1 of this regulation, etc. The report shall contain the following information, in addition to complying with any other reporting requirements required by the Department.
7 Del. Admin. Code § 1124-46.0