N.J. Admin. Code § 7:27-16.2

Current through Register Vol. 56, No. 12, June 17, 2024

Section 7:27-16.2 - VOC stationary storage tanks

(a) The provisions of this section shall apply to any stationary storage tank that stores only VOC, or that stores VOC and non-VOC, except as set forth in (e) and (f) below.

(b) No person shall cause, suffer, allow, or permit the following:

1. The storage of any applicable VOC in any stationary storage tank that has a maximum capacity of 2,000 gallons (7,570 liters) or greater and is exposed to the rays of the sun unless:

i. The external surface of the tank is painted and maintained white, except that this provision shall not apply to words and logograms applied to the external surface of the storage tank for purposes of identification provided such symbols do not cover more than 20 percent of the external surface area of the tank's sides and top or more than 200 square feet (18.6 square meters), whichever is less; or

ii. An equivalent method of emission control approved by the Department is used; and

2. The storage of any applicable VOC in any stationary storage tank having a maximum capacity of 10,000 gallons (37,850 liters) or greater unless, in addition to meeting the requirement in (b)1 above, such stationary storage tank is equipped with control apparatus as determined in accordance with the procedures for using Table 2A or as approved by the Department as being equally or more effective in preventing the emission of a VOC into the outdoor atmosphere.

Procedure for Using Table 2A
Step 1:	Determine the vapor pressure at standard conditions in
pounds per square inch absolute of the VOC to be stored.
Step 2:	Select the appropriate line in Table 2A for the vapor
pressure determined in Step 1.
Step 3:	Determine the maximum tank capacity in thousands of
gallons.
Step 4:	Find the tank capacity range classification for the vapor
pressure determined under Step 1.
Step 5:	Determine the control requirements in accordance with the
following:
Range I:	No control apparatus required under this
subsection.
Range II:	Conservation vent required.
Range III:	Floating roof required.

TABLE 2A
DETERMINANTS OF TYPE CONTROL APPARATUS REQUIRED FOR STORAGE OF VOLATILE
ORGANIC COMPOUNDS
VaporPressure			TankCapacity
inPSIA @ 70°F			inThousandsofGallons

			RangeI		RangeII		RangeIII

But	Not				Butnot
not
Greater	Greater	Greater		Greater		Greater		Greater

than	than	than		than		than		than

* 0.02	0.03	4,500		4,500		14,000		14,000
0.03	0.04	4,500		4,500		11,000		11,000
0.04	0.06	3,500		3,500		8,000		8,000
0.06	0.08	2,500		2,500		6,000		6,000
0.08	0.10	2,000		2,000		4,500		4,500
0.10	0.15	1,600		1,600		3,500		3,500
0.15	0.2	1,050		1,050		2,500		2,500
0.2	0.3	750		750		1,600		1,600
0.3	0.4	550		550		1,250		1,250
0.4	0.5	475		475		1,075		1,075
0.5	0.6	400		400		900		900
0.6	0.7	350		350		750		750
0.7	0.8	300		300		650		650
0.8	1.0	260		260		550		550
1.0	1.2	210		210		475		475
1.2	1.4	190		190		400		400
1.4	1.6	170		170		350		350
1.6	1.8	150		150		300		300
1.8	2.1	125		125		260		260
2.1	2.4	110		110		225		225
2.4	2.7	100		100		200		200
2.7	3.0	90		90		180		180
3.0	3.5	80		80		160		160
3.5	4.0	70		70		145		145
4.0	4.5	60		60		130		130
4.5	5.0	50		50		115		115
5.0	5.5	50		50		105		105
5.5	6.0	50		50		95		95
6.0	6.5	40		40		85		85
6.5	7.0	40		40		75		75
7.0	7.5	40		40		70		70
7.5	8.0	35		35		65		65
8.0	8.5	35		35		60		60
8.5	9.5	30		30		55		55
9.5	10.5	25		25		50		50
10.5	11.5	20		20		45		45
11.5	13.0	10		10		40		40

* Any VOC which has a vapor pressure of 0.02 pounds per square inch absolute at standard conditions is included in this line.

(c) No person shall cause, suffer, allow, or permit the storage of any VOC having a vapor pressure of greater than 13.0 pounds per square inch absolute (672 millimeters of mercury) at the actual temperature existing at or near the liquid surface in any stationary storage tank having a maximum capacity of 1,000 gallons (3,785 liters) or greater unless such tank is equipped with a vapor control system to reduce the rate of VOC emissions to the outdoor atmosphere by at least 90 percent by weight of the uncontrolled VOC emissions from the tank.

(d) No person shall cause, suffer, allow, or permit the storage of any VOC in any stationary storage tank subject to the provisions of either (b) above in Ranges II and III or (c) above and equipped with gauging and/or sampling systems unless such systems are vapor-tight.

(e) The provisions of (b) and (c) above shall not apply to a stationary storage tank in Range II located underground at a depth of no less than eight inches (20.3 centimeters) below the surface measured to the highest point of the tank shell, or installed in other manner approved by the Department as being equally or more effective in preventing the emission of any VOC into the outdoor atmosphere.

(f) The following exemptions apply:

1. The provisions of (b) above shall not apply to a stationary storage tank, if the tank is:

i. Maintained under a controlled elevated temperature;

ii. Equipped with a vapor control system reducing by at least 98 percent the weight of VOC emissions to the outdoor atmosphere; or

iii. A pressurized storage tank designed to operate in excess of 15 pounds per square inch gauge (psig) without any emissions to the atmosphere except under emergency conditions.

2. Any of the following tanks shall be exempt from (q) below:

i. Any fixed roof storage tank having a capacity of less than 40,000 gallons;

ii. Any Range I fixed roof storage tank whose contents has a vapor pressure of less than or equal to two psia at standard conditions; and

iii. Any Range I or Range II storage tank equipped with a floating roof.

3. Any external floating roof tank in Range III that was in existence on May 18, 2009, and that is not degassed and emptied by September 16, 2009 shall be temporarily exempt from complying with (l)1i below if the operator has demonstrated to the Department that in order to properly bolt the covers for access hatches and gauge float wells, a flange or other comparable device must be welded to the fitting or other hot-work must be performed. The operator shall use equivalent means, such as clamping, to secure the covers during the interim period. However, the owner or operator must comply with (l)1i below the first time the tank is degassed and emptied after September 16, 2009.

4. Any external floating roof tank that contains more than 97 percent by volume crude oil or more than 97 percent by volume oily wastewater and/or slop oil regulated by 40 CFR Part 60, Supart QQQ, incorporated herein by reference, shall be exempt from (l)4 below, but shall comply with all other applicable requirements of this subchapter.

5. Any floating-roof tank shall not be required to meet the gap seal requirements at (l)3i through x below while the roof is resting on its legs during the processes of draining, degassing or refilling the tank.

6. Any floating roof tank subject to a Federally enforceable condition limiting its annual in-service roof landing VOC emissions to less than five tons as calculated by AP-42, Chapter 7, may be exempt from (p) below, at the owner or operator's discretion, provided that the owner or operator shall maintain the records of these calculations pursuant to (s) below and the tank's Operating Permit or Preconstruction Permit, as applicable.

7. Any floating roof tank subject to a Federally enforceable condition in its Operating Permit or Preconstruction Permit, as applicable, limiting the vapor pressure of its contents to less than 1.5 psia at standard conditions, shall be exempt from (p) below only if the tank's records, maintained pursuant to (s)1 below, show that the vapor pressure of the tank's contents is less than 1.5 psia under standard conditions.

8. Any external floating roof tank in Range III that is subject to (l)1vi below shall be exempt from (l)11 below.

9. Any tank at (b) above is exempt from the vapor-tight condition at (d) above when gauging or sampling is taking place. In addition, a floating roof tank, is exempt from the vapor-tight condition at (d) above when the condition at (n)1 or (o)1 below, as applicable, is met during refilling.

(g) (Reserved)

(h) No person shall cause, suffer, allow, or permit the storage of any VOC in any stationary storage tank in Range III as determined by Table 2A equipped with an external floating roof, unless any such storage tank containing a VOC having a vapor pressure of 1.0 pounds per square inch absolute (50 millimeters of mercury) or greater at standard conditions and having a maximum capacity of 20,000 gallons (75,700 liters) or greater is equipped with a double seal-envelope combination or equipment approved by the Department as being equally or more effective in preventing the emission of any VOC into the outdoor atmosphere. For the secondary seal, the gap area of gaps exceeding one-eighth inch (0.32 centimeters) in width between the seal and the tank wall shall not exceed 1.0 square inch per foot (6.5 square centimeters per 0.3 meters) of tank diameter. Any secondary seal shall be intact, with no visible holes, tears or other openings. The requirements of this subsection shall remain in effect for any such tank until the rim seal system requirements at (l)3 below become effective for that tank.

(i) (Reserved)

(j) Any delivery vessel that contains any applicable VOC and is located at a facility and is vented to the atmosphere for more than 30 consecutive days shall be considered a stationary storage tank for the purposes of this section.

(k) (Reserved)

(l) No person shall cause, suffer, allow, or permit the storage of any VOC in any stationary storage tank unless the provisions of this subsection are met.

1. The owner or operator of an external floating roof tank in Range III shall, no later than September 16, 2009 or the first time the tank is emptied and degassed, whichever occurs first, if the tank was in existence on May 18, 2009, or on initial fill if the tank is constructed on or after May 19, 2009:

i. Equip each access hatch with a cover that is gasketed and bolted. Equip each gauge float well with a cover that is either gasketed and weighted or gasketed and bolted. The cover shall be closed at all times, with no visible gaps, except when the hatch or well must be opened for access;

ii. Equip each gauge hatch/sample well with a cover that is gasketed. The cover shall be closed at all times, with no visible gaps, except when the hatch or well must be opened for access;

iii. Gasket or cover each adjustable roof leg with a VOC impervious sock at all times when the roof is floating;

iv. Gasket each rim vent. Rim vents shall be closed at all times, with no visible gaps, when the roof is floating; and shall be set to open only when the roof is being floated off the roof leg supports or when the pressure beneath the rim seal exceeds the manufacturer's recommended setting;

v. Gasket each vacuum breaker. Vacuum breakers shall be closed at all times, with no visible gaps, when the roof is floating; and shall be set to open only when the roof is being floated off or is being landed on the roof leg supports;

vi. Equip each open floating roof drain with a slotted membrane fabric cover or other device with an equivalent control efficiency that covers at least 90 percent of the area of the opening;

vii. Equip each unslotted guidepole well with a gasketed sliding cover and a flexible fabric sleeve or wiper;

viii. Equip each unslotted guidepole with a gasketed cover at the end of the pole. The cover shall be closed at all times, with no visible gaps, except when gauging or sampling;

ix. Equip each slotted guidepole with a gasketed cover, a pole wiper and a pole sleeve. The pole sleeve shall be extended into the stored liquid;

x. Equip each slotted guidepole having a pole float with a gasketed cover, a pole wiper, and a pole float wiper. The wiper or seal of the pole float shall be at or above the height of the pole wiper;

xi. Cover each slotted guidepole opening with a gasketed cover at all times, with no visible gaps, except when the cover must be opened for access;

xii. Maintain the pole float in a condition such that it floats within the guidepole at all times except when it must be removed for sampling or when the tank is empty;

xiii. Except for vacuum breakers and rim vents, ensure that each opening in the external floating roof shall provide a projection below the liquid surface; and

xiv. Except for vacuum breakers, rim vents, roof drains, and leg sleeves, equip all other openings in the roof with a gasketed cover or seal that is closed at all times, with no visible gaps, except when the cover or seal must be opened for access.

2. In lieu of complying with the requirement of no visible gap at (l)1i, ii, iv, v, viii, xi and xiv above, the owner or operator of an external floating roof tank in Range III may, no later than September 16, 2009 if the tank was in existence on May 18, 2009, or on initial fill if the tank is constructed on or after May 19, 2009, maintain all roof openings in a leak-free condition at all times except during preventive maintenance, repair, or inspection periods specified at (r) below.

3. The owner or operator of an external floating roof tank in Range III shall equip the tank with a rim seal system meeting the following requirements prior to the initial fill if the tank was constructed on or after May 19, 2009, or prior to the date the tank is refilled after being degassed for the first time after May 19, 2009, but no later than May 1, 2020 if the tank was in existence on May 18, 2009:

i. The primary seal shall be a mechanical shoe or liquid mounted;

ii. The secondary seal shall be rim mounted and shall not be attached to the primary seal;

iii. Gaps between the tank shell and the primary seal shall not exceed 1.3 centimeters (1/2 inch) for a cumulative length of 30 percent of the circumference of the tank, and 0.32 centimeters (1/8 inch) for 60 percent of the circumference of the tank. No gap between the tank shell and the primary seal shall exceed 3.8 centimeters (1-1/2 inches). No continuous gap between the tank shell and the primary seal greater than 0.32 centimeters (1/8 inch) shall exceed 10 percent of the circumference of the tank;

iv. Gaps between the tank shell and the secondary seal shall not exceed 0.32 centimeters (1/8 inch) for a cumulative length of 95 percent of the circumference of the tank. No gap between the tank shell and the secondary seal shall exceed 1.3 centimeters (1/2 inch);

v. Mechanical shoe primary seals shall be installed so that one end of the shoe extends into the stored organic liquid and the other end extends a minimum vertical distance of 61 centimeters (24 inches) above the stored organic liquid surface;

vi. The geometry of the shoe shall be such that the maximum gap between the shoe and the tank shell is no greater than doubled the gap allowed by the seal gap criteria specified in (l)3iii above for a length of at least 46 centimeters (18 inches) in the vertical plane above the liquid surface;

vii. The primary seal envelope shall be made available for unobstructed inspection by the Department, upon request, along its circumference. In the case of riveted tanks with resilient filled primary seals, at least eight such locations shall be made available; for all other types of seals, at least four such locations shall be made available. If the Department deems it necessary, further unobstructed inspection of the primary seal may be required to determine the seal's condition along its entire circumference;

viii. The secondary seal shall be installed in a way that permits probes up to 3.8 centimeters (1-1/2 inches) in width to be inserted to measure gaps in the primary seal;

ix. There shall be no holes, tears or openings in the secondary seal or in the primary seal envelope surrounding the annular vapor space enclosed by the roof edge, seal fabric, and secondary seal; and

x. Except during preventive maintenance, repair, or inspection periods specified at (r) below that do not exceed 72 hours, both the primary seal and the secondary seal shall cover the annular space between the floating roof and the wall of the storage tank in a continuous fashion, as required at (l)3iii and iv above.

4. If an external floating roof tank in Range III stores any VOC with vapor pressure three pounds per square inch absolute or greater at standard conditions, the tank shall be equipped with a domed roof before the tank is refilled after the first time the tank is degassed after May 19, 2009, but no later than May 1, 2020 if the tank was in existence on May 18, 2009, or on initial fill if the tank is constructed on or after May 19, 2009.

5. The owner or operator of a domed external floating roof tank in Range III that is already in operation as of May 19, 2009 shall, prior to the date the tank is refilled after being degassed the first time after May 19, 2009, but no later than May 1, 2020:

i. Comply with (l)1i through xiv above;

ii. Equip the tank with a rim seal system consisting of either:

(1) A liquid-mounted primary seal meeting the requirements for primary seals at (l)3iii, vii and x above and having no tears or openings; or

(2) A primary and a secondary seal meeting the requirements at (l)3i through x above, including compliance dates, except that:

(A) A mechanical shoe primary seal shall have one end extend a minimum vertical distance of 15 centimeters (six inches) above the stored organic liquid surface and the other end extend into the liquid a minimum of 10 centimeters (four inches) instead of meeting the requirement at (l)3v above; and

(B) A vapor-mounted wiper primary seal may be used on a tank with a shell that has riveted or lap-welded horizontal seams instead of the liquid mounted or mechanical shoe primary seal required at (l)3i above; and

iii. Ensure that the concentration of organic vapor in the vapor space above the domed external floating roof does not exceed 30 percent of its lower explosive limit.

6. If, on or after May 19, 2009, the owner or operator adds a domed roof to an external floating roof tank in Range III, at the time the owner or operator adds the domed roof the owner or operator shall:

i. Equip the tank with a rim seal system consisting of primary and secondary seals meeting the specifications and compliance dates listed at (l)3 above; and

ii. Ensure that the concentration of organic vapor in the vapor space above the domed external floating roof does not exceed 30 percent of its lower explosive limit.

7. On or before the date an internal floating roof tank in Range III is refilled after being degassed for the first time after May 19, 2009, but no later than May 1, 2020, if the tank was in existence on May 18, 2009, or on initial fill if the tank is constructed on or after May 19, 2009 the owner or operator of the tank shall:

i. Equip each fixed roof support column and well with a sliding cover that is gasketed or with flexible fabric sleeves;

ii. Equip each ladder well with a gasketed cover. The cover shall be closed at all times, with no visible gaps, except when the well must be opened for access;

iii. Equip and maintain other roof openings according to the specifications at (l)1 or 2 above;

iv. Equip the tank with a rim seal system consisting of either:

(1) A liquid-mounted primary seal meeting the requirements for primary seals at (l)3iii, vii and x above and having no tears or openings; or

(2) A primary and a secondary seal meeting the requirements at (l)3i through x above, except that:

v. For an internal floating roof installed prior to July 23, 1984, ensure that the concentration of organic vapor in the vapor space above the internal floating roof shall not exceed 50 percent of its lower explosive limit; and

vi. For an internal floating roof installed after July 23, 1984, ensure that the concentration of organic vapor in the vapor space above the internal floating roof shall not exceed 30 percent of its lower explosive limit.

8. Any VOC stationary storage tank in Range III as determined from Table 2A shall meet one of the following:

i. If the tank was constructed or installed on or after December 17, 1979, the tank shall be provided with a double seal floating roof or other control apparatus approved by the Department as being equally or more effective in preventing the emission of any VOC into the outdoor atmosphere. This requirement shall remain in effect for any such tank until (l)3, 5, 6 or 7 above becomes applicable for that tank; or

ii. If the tank was constructed or installed prior to December 17, 1979, the requirements of (l)3, 5, 6 or 7 above shall apply as applicable.

9. By September 16, 2009 if a Range III fixed-roof tank without an internal floating roof was in existence on May 18, 2009, or by the initial fill if a tank is constructed on or after May 19, 2009, the owner or operator shall:

i. Equip any gauging or sampling device on the tank with a leak-free cover which shall be closed at all times, with no visible gaps, except during gauging or sampling;

ii. Maintain the fixed roof in a leak-free condition with no holes, tears or uncovered openings; and

iii. Install and maintain each roof opening in a leak-free condition at all times.

10. No person shall cause, suffer, allow, or permit the storage of any VOC in any stationary storage tank in Range I or II as determined by Table 2A equipped with an external floating roof, unless any such storage tank containing a VOC having a vapor pressure of 1.0 pounds per square inch absolute (50 millimeters of mercury) or greater at standard conditions and having a maximum capacity of 20,000 gallons (75,700 liters) or greater is equipped with a double seal-envelope combination or equipment approved by the Department as being equally or more effective in preventing the emission of any VOC into the outdoor atmosphere. For the secondary seal, the gap area of gaps exceeding one-eighth inch (0.32 centimeters) in width between the seal and the tank wall shall not exceed 1.0 square inch per foot (6.5 square centimeters per 0.3 meters) of tank diameter. Any secondary seal shall be intact, with no visible holes, tears or other openings.

11. No person shall cause, suffer, allow, or permit the storage of any VOC in any stationary storage tank equipped with an external floating roof unless all openings in such roof, excluding emergency roof drains, are covered when not in active use. The tank shall be exempt from this paragraph if the tank meets the exemption criteria at (f)7 above.

(m) If a tank is equipped with an external or internal floating roof, the roof shall float on the liquid surface at all times, except during initial fill and during those intervals when the storage vessel is completely emptied or subsequently emptied and refilled.

(n) When performing a roof landing of an external floating roof tank:

1. When the roof is resting on the leg supports or suspended by cables or hangers, the process of filling, emptying, or refilling shall be continuous and shall be accomplished as rapidly as possible; and

2. Any in-service roof landing shall be with the landed height of the floating roof at its minimum setting.

(o) When performing a roof landing of an internal floating roof tank:

1. When the roof is resting on its leg supports or suspended by cables or hangers, the process of filling, emptying, or refilling shall be continuous and shall be accomplished as rapidly as possible; and

2. After the tank is refilled after being degassed for the first time after May 19, 2009, any in-service roof landing shall be with the landed height of the floating roof at its minimum setting.

(p) The owner or operator of any floating roof tank, not exempt pursuant to (f)6 or (f)7 above, used to store a VOC shall:

1. Submit a complete facility-wide tank VOC control plan to the Department for approval at the address listed at (v) below as follows:

i. For any floating roof tank not exempt pursuant to (f)6 above, and existing as of May 19, 2009, submit to the Department in writing the complete facility-wide tank VOC control plan by December 1, 2009; or

ii. For any new tank, excluding a tank exempt pursuant to (f)6 above, added to a facility, submit to the Department in writing a new or updated complete facility-wide tank VOC control plan by 120 days after the installation of the newly constructed tank(s);

2. Include in the facility-wide tank VOC control plan, for all floating roof tanks, except those floating roof tanks exempt pursuant to (f)6 above, the information in (p)2i and ii below or (p)2i and iii below, as applicable:

i. A list of each tank at the facility and the following for each tank:

(1) The tank type;

(2) The tank volume;

(3) The tank diameter;

(4) The tank contents;

(5) The permit activity number;

(6) Any other identifying numbers; and

(7) The Bureau of Release Prevention schedule for tank inspection.

ii. A schedule to implement one or more of the following emission controls, which must be implemented by May 19, 2019. This schedule shall be consistent with the facility's schedule for tank removal from service for normal inspection and maintenance and with the facility's schedule for the installation of any new tank(s):

(1) A tank configuration such that the bottom of the roof deck can be lowered to one foot or less from the top-most point of the surface of the tank floor;

(2) A method that routes all vapors from the tank to a vapor control device with a control efficiency of at least 90 percent, from the time the roof is landed until it is within 10 percent by volume of being refloated; or

(3) Other measures approved by the Department as being equally or more effective in preventing VOC emissions to the outdoor atmosphere.

iii. An emissions averaging plan to operate all Range III floating roof tanks that store gasoline, except those tanks exempt pursuant to (f)6 above, such that their average annual in-service roof landing VOC emissions, as calculated in accordance with Chapter 7.1.3.2.2 "Roof Landings" of AP-42, as supplemented or amended and incorporated herein by reference, or as calculated using another method approved by the Department in accordance with (v) below, and after applying any applicable control efficiencies, is less than:

(1) Five tons per tank per calendar year from 2011 through 2013;

(2) Four tons per tank per calendar year from 2014 through 2016;

(3) Three tons per tank per calendar year from 2017 through 2019; and

(4) Two tons per tank per calendar year in 2020 and subsequent years.

(q) On and after May 1, 2010, any part of a degassing and cleaning operation of a stationary storage tank performed during the period May 1 through September 30 shall be performed only as follows:

1. The owner or operator shall degas a tank storing a VOC with a vapor pressure equal to or greater than 0.5 psia at standard conditions as follows:

i. Empty the tank of the VOC liquid;

ii. Minimize VOC vapors in the tank vapor space by one of the following methods:

(1) Exhaust VOCs contained in the tank vapor space to a vapor control system rated at a minimum 95 percent efficiency until the organic vapor concentration is 5,000 parts per million by volume (ppmv) or less as methane, or is 10 percent or less of the lower explosive limit, whichever is less;

(2) Displace VOCs contained in the tank vapor space to a vapor control system rated at a minimum 95 percent efficiency by filling the tank with a suitable liquid until 90 percent or more of the maximum operating level of the tank is filled. Suitable liquids are organic liquids having a TVP of less than 0.5 psia, water, clean produced water, or produced water derived from crude oil having a TVP less than 0.5 psia; or

(3) If the tank is a free-water knockout tank, a person may degas the tank vapor space by restricting the outflow of water and floating off the oilpad, such that at least 90 percent of the tank volume is displaced;

iii. Discharge or displace the VOC vapors contained in the tank vapor space to a vapor control system that is vapor-tight and free of liquid leaks; and

iv. As appropriate, temporarily remove for no longer than one hour, a suitable tank fitting, such as a manway, to facilitate connection to an external vapor control system.

2. The owner or operator shall clean a tank storing a VOC with vapor pressure equal to or greater than 0.5 psia at standard conditions only if:

i. At least one of the following cleaning agents is used:

(1) Diesel fuel;

(2) A solvent with an initial boiling point of greater than 302 degrees Fahrenheit;

(3) A solvent with a vapor pressure less than 0.5 psia;

(4) A solvent with 50 grams per liter VOC content or less; or

(5) Some other Department-approved cleaning agent; or

ii. Steam cleaning is performed.

3. The owner or operator shall control emissions from the sludge removed from a tank that stores a VOC with a vapor pressure equal to or greater than 1.5 psia at standard conditions by:

i. During sludge removal, controlling emissions from the receiving vessel by operating a vapor control system that reduces VOC emissions by at least 95 percent;

ii. Transporting removed sludge in containers that are vapor-tight and free of liquid leaks; and

iii. Storing removed sludge, until final disposal, in containers that are vapor-tight and free of liquid leaks, or in tanks that comply with (b) above.

(r) The owner or operator of a VOC stationary storage tank in Range III shall have an inspection performed by an authorized inspector and maintain the tank as follows:

1. The findings of any tank inspection, whether completed or not, shall be recorded on the Inspection Form at N.J.A.C. 7:27-16 Appendix II, incorporated herein by reference, in accordance with the rule's requirements. If an inspection is stopped before completion, indicate the reason for this action in section J "Comments" of the Inspection Form;

2. During the inspection, the authorized inspector performing the inspection must have a copy of the relevant portions of the Preconstruction Permit or the Operating Permit pertinent to the tank being inspected. The authorized inspector shall compare the permit to the existing tank and actual operating conditions of the tank. The authorized inspector shall record any discrepancies between the permit equipment description and the existing tank, or the permit conditions and the actual operating conditions of the tank, as verified during an inspection, in section J "Comments" of the Inspection Form;

3. Annually inspect the ground level periphery of each tank for possible leaks in the tank shell. Complete section D "Ground Level Inspection" of the Inspection Form;

4. Annually complete all necessary calculations and record all required data accordingly in the Inspection Form and Fugitive Emissions Form at N.J.A.C. 7:27-16 Appendix II;

5. For an external floating roof tank in Range III, demonstrate compliance with (l)1 through 3 above, as applicable, by:

i. Annually, from the platform, visually inspecting the roof to check for permit and rule violations, and visually checking the roof for unsealed roof legs, open hatches, open emergency roof drains, or open vacuum breakers. Indicate presence of any tears in the fabric of the visible seal. Record the findings under section F of the Inspection Form;

ii. Annually, inspecting the deck fittings for visible gaps using the 1/8 inch probes, or inspecting the deck fittings for a leak-free condition using EPA Method 21 set forth at 40 CFR Part 60 Appendix A, as supplemented or amended and incorporated herein by reference or, instead of EPA Method 21, using another method approved by the Department. Record any leaks above 500 ppm in the Fugitive Emissions Form;

iii. Annually, inspecting the entire secondary seal for the gap requirements at (l)3iv above using the 1/8 inch, 1/2 inch, and 1-1/2 inch probes. Record the gap data in section F(4) of the Inspection Form. Record all cumulative gaps between 1/8 inch and 1/2 inch, between 1/2 inch and 1-1/2 inch, and in excess of 1-1/2 inches, in section G of the Inspection Form. Measure all secondary seal gaps greater than 1/2 inch for length and width, and record in section J "Comments" of the Inspection Form; and

iv. Every five years and each time the tank is degassed, inspecting the entire primary seal for the gap requirements at (l)3iii above using the 1/8 inch, 1/2 inch and 1-1/2 inch probes. The primary seal shall be inspected by holding back the secondary seal. Record the gap data in section F(5) of the Inspection Form. Record all cumulative gaps between 1/8 inch and 1/2 inch; between 1/2 inch and 1-1/2 inch; and in excess of 1-1/2 inches, in section G of the Inspection Form;

6. For a domed external floating roof tank in Range III existing as of May 19, 2009, demonstrate compliance with (l)5 above, by:

i. Annually, using an explosimeter, measuring the organic vapor concentration in the vapor space above the floating roof in terms of the lower explosive limit (LEL), and recording the reading in section E of the Inspection Form;

ii. Annually, from an opening in the domed or fixed roof, visually inspecting the roof to check for permit and rule violations, and visually checking the roof for unsealed roof legs, open hatches, open emergency roof drains, or open vacuum breakers. Indicate presence of any tears in the fabric of the visible seal. Record the findings under section F of the Inspection Form; and

iii. Each time the tank is degassed, but no less than once every 10 years, performing the requirements at (r)5ii (excluding EPA Method 21), iii and iv above;

7. For a domed external floating roof tank in Range III that had a dome installed after the operative date of these new rules, demonstrate compliance with (l)6 above, by performing the requirements at (r)6 above;

8. For an internal floating roof tank in Range III, demonstrate compliance with (l) above, by performing the requirements at (r)6 above;

9. For a fixed roof tank in Range III that is subject to (l)9 above, annually demonstrate compliance with (l)9 above by inspecting the fittings located on the roof, piping, pressure relief valves and all other valves, to ensure they are leak-free using EPA Method 21 set forth at 40 CFR Part 60 Appendix A incorporated herein by reference, or using another method approved by the Department. Record any readings in excess of 500 ppm in the Fugitive Emissions Form;

10. The owner or operator of any VOC stationary storage tank in Range III shall repair or replace any piping, valve, vent, seal, gasket, or cover of a roof opening that:

i. Is defective;

ii. Has a visible gap or is not leak-free; or

iii. Does not meet any applicable requirement of this section; and

11. The owner or operator of a VOC stationary storage tank in Range III shall perform the repair or replacement at (r)10 above:

i. If the tank is already degassed, prior to filling; or

ii. If the tank is not degassed, within 45 days after discovery of the needed repair or replacement. If the repair cannot be completed and the vessel cannot be emptied within 45 days, the owner or operator may use up to two extensions of up to 30 additional days each. Documentation of the owner or operator's decision to use an extension shall include a description of the failure, shall document that alternative storage capacity is unavailable, and shall specify a schedule of actions that will ensure that the control equipment will be repaired or the vessel will be completely emptied as soon as practicable.

(s) The owner or operator shall maintain on-site, for each tank, for the time period specified at 7:27-16.22(a), unless another time period is specified below:

1. Records that specify each VOC stored and the vapor pressure of each VOC at standard conditions;

2. For the owner or operator of a floating roof tank, records of the roof landing emission information required at 7:27-21.5(j)1;

3. If the owner or operator of a floating roof tank has not implemented all control measures pursuant to the tank VOC control plan submitted pursuant to (p) above, or if a floating roof tank is exempt pursuant to (f)5 above, the records of each floating roof landing event including, but not limited to, tank contents before landing and after refilling; landed height of the floating roof; height of any liquid remaining in the bottom of the tank after landing; duration of landing; landing emissions calculated using AP-42, Chapter 7 methodology, and any other records needed to create the "Floating Roof Landing Emission Summary Report" required at 7:27-21.5(j)2;

4. Records relating to the installation of vapor control devices described at (t) below;

5. For the lifetime of the tank, all inspection reports required pursuant to (r) above;

6. Records of all tank degassing, cleaning and sludge removal activities performed pursuant to (q) above;

7. Records of all tank integrity testing schedules for Range III tanks that 7:1E-4.2(c)1 v requires to be included in the "Discharge, Prevention, Containment and Countermeasure Plan; and

8. Repair and replacement documentation required at (r)11ii above.

(t) On and after May 19, 2009, the owner or operator of any floating roof stationary storage tank that installs a vapor control device in accordance with (p)2ii above shall record operating parameters as follows:

1. For a thermal oxidizer, the owner or operator shall record the following on a continuous basis or at a frequency approved by the Department:

i. The operating temperature at the exit of the combustion chamber;

ii. The carbon monoxide concentration in the flue gas emitted to the outdoor atmosphere; and

iii. Upon request of the Department, any other operating parameter relevant to the prevention or control of air contaminant emissions from the tank or the oxidizer;

2. For a vapor control system that uses carbon or other adsorptive material, the owner or operator shall record the following on a continuous basis or at a frequency approved in writing by the Department:

i. The concentration of the total applicable VOCs in the flue gas emitted to the outdoor atmosphere; or

ii. Provided that the owner or operator confirms daily that the automatic switching between carbon beds is functioning in accordance with permit conditions, the date of carbon bed replacement; and upon request of the Department, any other operating parameter relevant to the prevention or control of air contaminant emissions from the tank or the adsorber; and

3. For any other vapor control device, upon request of the Department, any operating parameter relevant to the prevention or control of air contaminant emissions from the tank or that vapor control device.

(u) If, during an inspection required at (r) above, or at any other time, the owner or operator determines that a tank does not comply with (l) above, the owner or operator shall submit a written report to the Department including the cause of the non-compliance, corrective actions to achieve compliance and measures taken to prevent a re-occurrence of the non-compliance. If the facility has an operating permit, in accordance with N.J.A.C. 7:27-22, the owner or operator shall include this report as part of the periodic compliance reports required at 7:27-22.19(d) and (f). If the facility does not have an operating permit, the owner or operator shall submit this report to the Department within three business days after becoming aware of the non-compliance.

(v) An owner or operator that seeks Department approval for an alternate method for calculating a tank's roof landing emissions pursuant to (p)2iii above shall:

1. Prepare an application that includes:

i. A description of the proposed alternate method;

ii. The parameters in the alternate method; and

iii. Supporting documentation that justifies the use of the alternate method; and

2. Submit a complete application in writing to the Department at:

Department of Environmental Protection

Division of Air Quality

Air Quality Permitting Program

Bureau of Air Permits

401 East State Street

Mail Code 401-02

PO Box 0420

Trenton, NJ 08625-0420

N.J. Admin. Code § 7:27-16.2

Amended by R.1986 d.379, effective 9/22/1986 (operative October 18, 1986).
See: 17 N.J.R. 1969(a), 18 N.J.R. 1936(a).
Substantially amended.
Amended by R.1989 d.331, effective 6/19/1989 (operative July 24, 1989).
See: 20 N.J.R. 3052(a), 21 N.J.R. 1669(b).
Amended by R.1992 d.102, effective 3/2/1992 (operative March 28, 1992); (n) (operative October 1, 1992).
See: 23 N.J.R. 1858(b), 24 N.J.R. 792(a).
EPA identified deficiencies addressed by adding recordkeeping requirements.
Amended by R.1994 d.313, effective 6/20/1994 (operative July 26, 1994).
See: 25 N.J.R. 3339(a), 26 N.J.R. 2600(a).
Amended by R.2003 d.224, effective 6/2/2003 (operative June 29, 2003).
See: 34 N.J.R. 2489(a), 35 N.J.R. 2509(a).
Rewrote (a) and (b).
Amended by R.2009 d.137, effective 4/20/2009 (operative May 19, 2009).
See: 40 N.J.R. 4390(a), 41 N.J.R. 1752(a).
Section was "Stationary storage tanks". Rewrote (a) and (f); in (b)1ii, substituted "and" for "or" at the end; in the introductory paragraph of (b)2, inserted ", in addition to meeting the requirement in (b)1 above,"; in (d), deleted "except when gauging or sampling is taking place" from the end; reserved (g), (i) and (k); in (h), inserted "In Range III as determined by table 2A" and inserted the last sentence; and added ( l) through (v).
Administrative change.
See: 43 N.J.R. 2328(a).