NSPS Subpart Kc: Volatile Organic Liquid Storage Vessels (Including Petroleum Liquid Storage Vessels) for Which Construction, Reconstruction, or Modification Commenced After October 4, 2023

(a) Except as provided in paragraph (b) of this section, the affected facility to which this subpart applies is each storage vessel with a capacity greater than or equal to 20,000 gallons (gal) (75.7 cubic meters (m ³)) that is used to store volatile organic liquids (VOL) for which construction, reconstruction, or modification is commenced after October 4, 2023.

(b) This subpart does not apply to the following:

(1) Vessels at coke oven by-product plants;

(2) Pressure vessels designed to operate in excess of 29.7 pounds per square inch absolute (psia) (204.9 kilopascals (kPa) absolute) and without emissions to the atmosphere;

(3) Vessels permanently attached to mobile vehicles such as trucks, railcars, barges, or ships;

(4) Vessels with a design capacity less than or equal to 420,000 gal (1,589.874 m ³) used for petroleum or condensate stored, processed, or treated prior to custody transfer;

(5) Vessels located at bulk gasoline plants as defined in 40 CFR 63.11100;

(6) Vessels located at gasoline service stations;

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(7) Vessels used to store beverage alcohol; or

(8) Vessels that only store VOL with a maximum true vapor pressure less than 0.25 psia (1.7 kPa absolute).

(c) Storage vessels that are affected facilities according to paragraph (a) of this section for which construction or reconstruction commenced after October 4, 2023 are subject to the standards in § 60.112c and the corresponding requirements in §§ 60.113c through 60.116c as new sources any time they meet the specifications in either paragraph (c)(1) or (2) of this section, regardless of whether they initially contained VOL with a maximum true vapor pressure below the applicable threshold in paragraph (c)(1) or (2) of this section.

(1) Storage vessels with a capacity greater than or equal to 40,000 gal (151 m ³) containing a VOL that, as stored, has a maximum true vapor pressure equal to or greater than 0.5 psia (3.4 kPa).

(2) Storage vessels with a capacity greater than or equal to 20,000 gal (75.7 m ³) but less than 40,000 gal (151 m ³) containing a VOL that, as stored, has a maximum true vapor pressure equal to or greater than 1.5 psia (10.3 kPa).

(d) Storage vessels that are affected facilities according to paragraph (a) of this section for which construction or reconstruction commenced on or before October 4, 2023, (“existing storage vessels”) and are modified after October 4, 2023, are subject to the standards in § 60.112c and the corresponding requirements in §§ 60.113c through 60.116c as modified sources any time they meet the specifications in either paragraph (d)(1) or (2) of this section.

(1) For an existing storage vessel with a capacity greater than or equal to 40,000 gal (151 m ³), containing a VOL that, as stored, has a maximum true vapor pressure equal to or greater than 0.5 psia (3.4 kPa).

(2) For an existing storage vessel with a capacity greater than or equal to 20,000 gal (75.7 m ³) but less than 40,000 gal (151 m ³), containing a VOL that, as stored, has a maximum true vapor pressure equal to or greater than 1.5 psia (10.3 kPa).

(e) For the purposes of this subpart,

(1) The phrase “change in the method of operation of, an existing facility which increases the amount of any air pollutant” in the definition of modification in § 60.2 or “operational change to an existing facility which results in an increase in the emission rate to the atmosphere of any pollutant to which a standard applies” in § 60.14(a) means a change in operation occurs if the storage vessel is used to store a VOL that has a greater maximum true vapor pressure than all VOL historically stored or permitted; and

(2) The exemption in § 60.14(e)(4) regarding alternative fuel or raw material does not apply to storage vessels.

(f) Storage vessels that are affected facilities according to paragraph (a) of this section and do not meet the criteria in either paragraph (c)(1), (c)(2), (d)(1), or (d)(2) of this section are subject to the requirements in § 60.113c(d), if applicable, and § 60.115c(b).

(g) All standards including emission limitations shall apply at all times, including periods of startup, shutdown and malfunction. As provided in § 60.11(f), this paragraph (g) supersedes the exemptions for periods of startup, shutdown, and malfunction in subpart A of this part.

(h) Owners or operators may choose to comply with the provisions of this subpart to demonstrate compliance with subparts K, Ka, and Kb of this part. Compliance with the provisions of this subpart, including all control requirements, recordkeeping, and reporting requirements, will constitute compliance with the applicable storage vessel provisions in subparts K, Ka, and Kb.

(i) Owners or operators may choose to comply with this subpart to demonstrate compliance with 40 CFR part 63, subpart WW for storage vessels equipped with an internal or external floating roof that is subject to this subpart and 40 CFR part 63, subpart WW. Compliance with this subpart, including all floating roof requirements, recordkeeping, and reporting requirements, will constitute compliance with the applicable storage vessel provisions in 40 CFR part 63, subpart WW.