Code of Federal Regulations (alpha)

CFR /  Title 40  /  Part 63  /  Sec. 63.646 Storage vessel provisions.

(a) Each owner or operator of a Group 1 storage vessel subject to this subpart shall comply with the requirements of Sec. Sec. 63.119 through 63.121 except as provided in paragraphs (b) through (l) of this section.

(b) As used in this section, all terms not defined in Sec. 63.641 shall have the meaning given them in 40 CFR part 63, subparts A or G. The Group 1 storage vessel definition presented in Sec. 63.641 shall apply in lieu of the Group 1 storage vessel definitions presented in tables 5 and 6 of Sec. 63.119 of subpart G of this part.

(1) An owner or operator may use good engineering judgment or test results to determine the stored liquid weight percent total organic HAP for purposes of group determination. Data, assumptions, and procedures used in the determination shall be documented.

(2) When an owner or operator and the Administrator do not agree on whether the annual average weight percent organic HAP in the stored liquid is above or below 4 percent for a storage vessel at an existing source or above or below 2 percent for a storage vessel at a new source, Method 18 of 40 CFR part 60, appendix A shall be used.

(c) The following paragraphs do not apply to storage vessels at existing sources subject to this subpart: Sec. 63.119 (b)(5), (b)(6), (c)(2), and (d)(2).

(d) References shall apply as specified in paragraphs (d)(1) through (d)(10) of this section.

(1) All references to Sec. 63.100(k) of subpart F of this part (or the schedule provisions and the compliance date) shall be replaced with Sec. 63.640(h),

(2) All references to April 22, 1994 shall be replaced with August 18, 1995.

(3) All references to December 31, 1992 shall be replaced with July 15, 1994.

(4) All references to the compliance dates specified in Sec. 63.100 of subpart F shall be replaced with Sec. 63.640 (h) through (m).

(5) All references to Sec. 63.150 in Sec. 63.119 of subpart G of this part shall be replaced with Sec. 63.652.

(6) All references to Sec. 63.113(a)(2) of subpart G shall be replaced with Sec. 63.643(a)(2) of this subpart.

(7) All references to Sec. 63.126(b)(1) of subpart G shall be replaced with Sec. 63.422(b) of subpart R of this part.

(8) All references to Sec. 63.128(a) of subpart G shall be replaced with Sec. 63.425, paragraphs (a) through (c) and (e) through (h) of subpart R of this part.

(9) All references to Sec. 63.139(d)(1) in Sec. 63.120(d)(1)(ii) of subpart G are not applicable. For sources subject to this subpart, such references shall mean that 40 CFR 61.355 is applicable.

(10) All references to Sec. 63.139(c) in Sec. 63.120(d)(1)(ii) of subpart G are not applicable. For sources subject to this subpart, such references shall mean that Sec. 63.647 of this subpart is applicable.

(e) When complying with the inspection requirements of Sec. 63.120 of subpart G of this part, owners and operators of storage vessels at existing sources subject to this subpart are not required to comply with the provisions for gaskets, slotted membranes, and sleeve seals.

(f) The following paragraphs (f)(1), (f)(2), and (f)(3) of this section apply to Group 1 storage vessels at existing sources:

(1) If a cover or lid is installed on an opening on a floating roof, the cover or lid shall remain closed except when the cover or lid must be open for access.

(2) Rim space vents are to be set to open only when the floating roof is not floating or when the pressure beneath the rim seal exceeds the manufacturer's recommended setting.

(3) Automatic bleeder vents are to be closed at all times when the roof is floating except when the roof is being floated off or is being landed on the roof leg supports.

(g) Failure to perform inspections and monitoring required by this section shall constitute a violation of the applicable standard of this subpart.

(h) References in Sec. Sec. 63.119 through 63.121 to Sec. 63.122(g)(1), Sec. 63.151, and references to initial notification requirements do not apply.

(i) References to the Implementation Plan in Sec. 63.120, paragraphs (d)(2) and (d)(3)(i) shall be replaced with the Notification of Compliance Status report.

(j) References to the Notification of Compliance Status report in Sec. 63.152(b) mean the Notification of Compliance Status required by Sec. 63.655(f).

(k) References to the Periodic Reports in Sec. 63.152(c) mean the Periodic Report required by Sec. 63.655(g).

(l) The State or local permitting authority can waive the notification requirements of Sec. Sec. 63.120(a)(5), 63.120(a)(6), 63.120(b)(10)(ii), and 63.120(b)(10)(iii) for all or some storage vessels at petroleum refineries subject to this subpart. The State or local permitting authority may also grant permission to refill storage vessels sooner than 30 days after submitting the notifications in Sec. 63.120(a)(6) or Sec. 63.120(b)(10)(iii) for all storage vessels at a refinery or for individual storage vessels on a case-by-case basis. [60 FR 43260, Aug. 18, 1995, as amended at 61 FR 29880, June 12, 1996; 62 FR 7939, Feb. 21, 1997; 74 FR 55685, Oct. 28, 2009; 75 FR 37731, June 30, 2010]