New Source Performance Standards/Volatile Organic Liquid Storage Vessels: U.S. Environmental Protection Agency Proposes Revisions

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The United States Environmental Protection Agency (“EPA”) published an October 4th Federal Register Notice proposing revisions to the Clean Air Act New Source Performance Standards (“NSPS”) for volatile organic liquid (“VOL”) storage vessels. See 88 Fed. Reg. 68535.

The NSPS includes petroleum liquid storage vessels.

The 2022 North American Industry Classification System codes for this source category include:

  • 325
  • 324
  • 422710

Section 111 of the Clean Air Act addresses NSPS. These are applicable to new, modified, or reconstructed stationary sources for which EPA has promulgated NSPS regulations. This section of the Clean Air Act authorizes EPA to develop technology-based standards which apply to specific categories of stationary sources.

They standards establish the minimum control requirements known as “best demonstrated technology” for all facilities within the specified category. Each standard is aimed at a specific industry and/or emission unit. This includes emission limitations (may include requirements for control equipment), monitoring, testing, or reporting, and recordkeeping requirements.

EPA is required by the Clean Air Act to review each NSPS subpart every eight years (five years for solid waste combustion units) to determine if the emission limits, controls, and other requirements need to be revised. It must consider the emission limitations and reductions that are currently achieved in practice when reviewing such requirements.

EPA states that it is proposing revisions that are applicable to the VOL storage vessels under a new NSPS subpart. It is proposing to reduce the vapor pressure applicability thresholds. Further, the proposed rule is described as revising the volatile organic compound standards to reflect the best system of emission reductions for affected storage vessels.

Additional aspects of the proposed rule include:

  • Additional monitoring/operating requirements that are described as ensuring continuous compliance with the NSPS
  • Degassing emission controls
  • Clarification of startup, shutdown, and malfunction requirements
  • Requirements for electronic reporting
  • Technical improvements

As part of the same proposed rule EPA is amending NSPS subpart Kb to apply to VOL storage vessels that commence construction, reconstruction, or modification after July 23, 1984, and on or before October 4, 2023.

A copy of the proposed rule can be downloaded here.

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Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.
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