DEPARTMENT OF ENVIRONMENT, GREAT LAKES AND ENERGYENVIRONMENTAL QUALITY
AIR QUALITY DIVISION
AIR POLLUTION CONTROL
Filed with the secretary of state on
These rules become effective immediately after filing with the secretary of state unless adopted under section 33, 44, or 45a(9) of the administrative procedures act of 1969, 1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections become effective 7 days after filing with the secretary of state.
(By authority conferred on the director of the department of environment, Great Lakes, and energy environmental quality by sections 5503 and 5512 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.5503 and 324.5512, and Executive Reorganization Order Nos. 1995-168, 2009-31, 2011-1, and 2019-1, MCL 324.99903, 324.99919, 324.99921, and 324.99923)
R 336.1703, R 336.1704, R 336.1705, and R 336.1706 of the Michigan Administrative Code are rescinded, as follows:
PART 7. EMISSION LIMITATIONS AND PROHIBITIONS--
NEW SOURCES OF VOLATILE ORGANIC COMPOUND EMISSIONS
R 336.1703 Loading gasoline into new stationary vessels of more than 2,000-gallon capacity at dispensing facilities.Rescinded.
Rule 703. (1) It is unlawful for a person to load or allow the loading of gasoline from a delivery vessel into any new stationary vessel of more than 2,000-gallon capacity located at any gasoline dispensing facility, unless such stationary vessel is equipped with a permanent submerged fill pipe.
(2) It is unlawful for a person to load or allow the loading of gasoline from a delivery vessel into any new stationary vessel of more than 2,000-gallon capacity located at a new gasoline dispensing facility or an existing gasoline dispensing facility subject to R 336.1606(3) and (4) in any area listed in table 61, unless the stationary vessel is controlled by a vapor balance system or an equivalent control system approved by the department. The vapor balance system shall capture displaced gasoline vapor and air via a vaportight collection line and shall be designed to return not less than 90% by weight of the displaced gasoline vapor from the sta-tionary vessel to the delivery vessel.
(3) Any stationary vessel subject to subrule (2) of this rule shall be equipped, maintained, or controlled with both of the following:
(a) An interlocking system or procedure to ensure that the vaportight collection line is connected before any gasoline can be loaded.
(b) A device to ensure that the vaportight collection line shall close upon disconnection so as to prevent release of gasoline vapor.
(4) Any delivery vessel subject to subrule (2) of this rule shall be vaportight and shall be filled only at a loading facility that is equipped with a system as required in R 336.1606(3) and (4), R 336.1609(2) and (3), R 336.1705(2) and (3), or R 336.1706(2) and (3).
(5) A new stationary vessel at a gasoline dispensing facility that is not subject to the provisions of subrules (2) and (3) of this rule shall be constructed in a manner that will allow the vessel to be retrofitted according to subrules (2) and (3) of this rule.
R 336.1704 Loading gasoline into new stationary vessels of more than 2,000-gallon capacity at loading facilities.Rescinded.
Rule 704. (1) It is unlawful for a person to load or allow the loading of gasoline from a delivery vessel into any new stationary vessel of more than 2,000-gallon capacity located at any gasoline loading facility, unless the stationary vessel is equipped with a permanent submerged fill pipe.
(2) It is unlawful for a person to load or allow the loading of gasoline from a delivery vessel into any new stationary vessel of more than 2,000-gallon capacity located at any of the following loading facilities, unless the stationary vessel is controlled by a vapor balance system or an equiva-lent control system approved by the department:
(a) A new loading facility located in any area listed in table 61.
(b) A new loading facility located in any area not listed in table 61 that delivers gasoline to a gasoline-dispensing facility subject to the provi-sions of R 336.1606(3) and (4) or R 336.1703(2) and (3).
(c) An existing loading facility subject to the provisions of R 336.1607(3) and (4).The vapor balance system shall capture displaced gasoline vapor and air via a vaportight collection line and shall be designed to return not less than 90% by weight of the displaced gasoline vapor from the stationary vessel to the delivery vessel.
(3) Any stationary vessel subject to subrule (2) of this rule shall be equipped, maintained, or controlled with all of the following:
(a) An interlocking system or procedure to ensure that the vaportight collection line is connected before any gasoline can be loaded.
(b) A device to ensure that the vaportight collection line shall close upon disconnection so as to prevent release of gasoline vapor.
(c) Pressure-vacuum relief valves on aboveground stationary vessels that have a minimum pressure valve setting of 8 ounces, if such setting does not exceed the container's maximum pressure rating.
(4) Any delivery vessel subject to subrule (2) of this rule shall be vaportight.
(5) A person responsible for the operation of all control measures required by this rule shall develop written procedures for the operation of all control measures specified in subrule (3) of this rule, and the procedures shall be posted in an accessible, conspicuous location near the stationary vessel.
(6) A new stationary vessel at a gasoline loading facility that is not subject to the provisions of subrules (2) and (3) of this rule shall be constructed in a manner that allows the vessel to be retrofitted according to subrules (2) and (3) of this rule.
R 336.1705 Loading gasoline into delivery vessels at new loading facilities handling less than 5,000,000 gallons per year.Rescinded.
Rule 705. (1) It is unlawful for a person to load, or allow the loading of, gasoline from a stationary vessel into any delivery vessel at a new loading facility that has a throughput of less than 5,000,000 gallons per year, unless the delivery vessel is filled by a submerged fill pipe.
(2) It is unlawful for a person to load, or allow the loading of, gasoline from a stationary vessel into any delivery vessel located at either of the following loading facilities that has a throughput of less than 5,000,000 gallons per year, unless the delivery vessel is controlled by a vapor balance system or an equivalent control system approved by the department:
(a) A new loading facility located in any area listed in table 61.
(b) A new loading facility located in any area which is not listed in table 61 that delivers gasoline to a gasoline-dispensing facility subject to R 336.1606 (3) and (4) or R 336.1703(2) and (3).The vapor balance system shall capture displaced gasoline vapor and air by means of a vaportight collection line and shall be designed to return not less than 90%, by weight, of the displaced gasoline vapor from the delivery vessel to the stationary vessel.
(3) Any delivery vessel that is loaded at a facility subject to subrule (2) of this rule shall be equipped, maintained, or controlled with all of the following:
(a) An interlocking system or procedure to ensure that the vaportight collection line is connected before any gasoline can be loaded.
(b) A device to ensure that the vaportight collection line shall close upon disconnection so as to prevent the release of gasoline vapor.
(c) A device or procedure to accomplish complete drainage before the loading device is disconnected, or a device or procedure to prevent liquid drainage from the loading device when not in use.
(d) Pressure-vacuum relief valves that are vaportight and set to prevent the emission of displaced gasoline vapor during the loading of the delivery vessel, except under emergency conditions.
(e) Hatch openings that are kept closed and vaportight during the loading of the delivery vessel.
(4) Any stationary vessel at a facility subject to subrule (2) of this rule shall be vaportight.
(5) A person who is responsible for the operation of all control measures required by this rule shall develop written procedures for the operation of all the control measures. The procedures shall be posted in an accessi-ble, conspicuous location near the loading device.
R 336.1706 Loading delivery vessels with organic compounds having a truevapor pressure of more than 1.5 psia at new loading facilities handling5,000,000 or more gallons of such compounds per year.Rescinded.
Rule 706. (1) It is unlawful for a person to load, or allow the loading of, any organic compound that has a true vapor pressure of more than 1.5 psia at actual conditions from any stationary vessel into any delivery vessel located at a new loading facility that has a throughput of 5,000,000 or more gallons of such compounds per year, unless such delivery vessel is filled by a submerged fill pipe.
(2) It is unlawful for a person to load, or allow the loading of, any organic compound that has a true vapor pressure of more than 1.5 psia at actual conditions from any stationary vessel into any delivery vessel located at a new loading facility that has a throughput of 5,000,000 or more gallons of such compounds per year, unless such delivery vessel is controlled by a vapor recovery system that captures all displaced organic vapor and air by means of a vapor-tight collection line and recovers the organic vapor such that emissions to the atmosphere do not exceed 0.7 pounds of organic vapor per 1,000 gallons of organic compounds loaded.
(3) Any delivery vessel at a facility that is subject to the provisions of subrule (2) of this rule shall be equipped, maintained, or controlled with all of the following:
(a) An interlocking system or procedure to ensure that the vapor-tight collection line is connected before any organic compound can be loaded.
(b) A device to ensure that the vapor-tight collection line shall close upon disconnection so as to prevent release of organic vapor.
(c) A device to accomplish complete drainage before the loading device is disconnected, or a device to prevent liquid drainage from the loading device when not in use.
(d) Pressure-vacuum relief valves that are vapor-tight and set to prevent the emission of displaced organic vapor during the loading of the delivery vessel, except under emergency conditions.
(e) Hatch openings that are kept closed and vapor-tight during the loading of the delivery vessel.
(4) A person who is responsible for the operation of all control measures required by this rule shall develop written procedures for the operation of all such control measures. Such procedures shall be posted in an accessible, conspicuous location near the loading device.
(5) The provisions of this rule shall not apply to the loading of crude oil or condensate into delivery vessels at production facilities, if such loading is accomplished with a submerged fill pipe.