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This action will address the Agency's residual risk and technology review (RTR) of the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Organic Liquids Distribution (Non-Gasoline). The Organic Liquids Distribution (Non-Gasoline) NESHAP, 40 CFR 63 subpart EEEE, was promulgated pursuant to section 112(d) of the Clean Air Act (CAA) on February 3, 2004 (See 69 FR 5063). The NESHAP established emission limitations and work practice requirements based on maximum achievable control technology (MACT) for control emissions of hazardous air pollutants (HAP) from storage tanks, transfer racks, and equipment leaks from associated equipment. The most prevalent HAP emitted from these sources include, but are not limited to, benzene, ethylbenzene, toluene, vinyl chloride, and xylenes. This action will implement the residual risk review requirements of CAA section 112(f)(2) and the technology review requirements of CAA section 112(d)(6). CAA 112(f)(2) directs EPA to revise the NESHAP if such revisions are required to provide an ample margin of safety to protect public health or to prevent, taking relevant factors into account, an adverse environmental effect. CAA section 112(d)(6) requires the EPA to review and revise the MACT standards as necessary, taking into account developments in practices, processes and control technologies, no less often than every 8 years. Pursuant to a court order, the EPA is obligated to complete the final action by March 13, 2020. In consideration of this deadline, which also applies to 19 other RTR source categories, we established an internal schedule for this RTR to be proposed and finalized prior to the consent decree deadline.

Overall Description of Deadline: Final Rule 3/13/2020--Court Order: United States District Court for the District of Columbia; California Communities Against Toxics, et al. v. Scott Pruitt; Case 1:15-cv-00512-TSC; 3/13/17.