The Environmental Protection Agency (EPA) is withdrawing an amendment in a final rule for the monitoring of pressure relief devices for storage tanks related to organic liquids distribution (non-gasoline), according to information published in the Federal Register July 17.
The other regulatory amendments not addressed in the current withdrawal and discussed in the direct final rule, for which EPA did not receive any adverse comments, will become effective July 22, 2008.
In the April 23, 2008, direct final rule and parallel proposal, EPA intended to clarify how to monitor pressure relief devices for transfer racks and storage tanks under the vapor balancing and equipment leak provisions. The agency received a comment stating that in the amendments the revised Table 10, item 4.b.i. incorrectly specifies that transfer rack vapor balance systems use the pressure relief device specification in Section 63.2346(a)(4)(v).
The commenter stated that the quarterly pressure relief device specification only applies to pressure relief devices associated with storage tanks using the vapor balancing option and that adding this clarification for transfer racks to item 4.b.i. creates another requirement that was not initially specified.
EPA stated that as discussed in the preamble to the April 23, 2008, direct final rule, the agency's intent in revising Table 10 was to respond to questions concerning the relationship between the vapor balance system monitoring requirements for pressure relief devices in the rule text (Section 63.2346(a)(4)(v)) and those in Table 10 (item 6.b.i.).
"Given that both Table 10 and the rule text of Section 63.2346 contained requirements for the monitoring of vapor balance systems, EPA made parallel clarifications to the storage tank and loading rack provisions," EPA stated. "The commenter correctly points out, however, that the pressure relief requirements of Section 63.2346(a)(4)(v) apply only to storage tanks and not to transfer racks."
Upon review of the existing cross-referenced requirement for transfer racks, EPA found that Table 10 (item 4.b.i.) already requires that the owner or operator implement monitoring requirements under either 40 CFR 63 subparts TT, UU, or H, similar to those already in this rule for storage tanks. Given the similar requirements, EPA said there is no need to add the transfer rack vapor balance provisions for pressure relief devices. Thus, in the final action EPA is not including amendments for monitoring pressure relief devices for transfer racks in item 4 of Table 10.
The commenter also pointed out that the last sentence added to the monitoring requirements for storage tank vapor balance systems (item 6.b.i. of Table 10) incorrectly includes requirements for loading of a transport vehicle and filling of a container, instead of a storage tank. EPA agreed and has now reworded the sentence only to include storage tanks as follows: "If no loading of a storage tank occurs during a quarter, then monitoring of the vapor balancing system is not required." Thus, with that modification, EPA is finalizing the amendments to pressure relief devices and monitoring of vapor balance systems for storage tanks discussed in the direct final rule.
The information in its entirety is available online in the Federal Register.