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EPA/OAR RIN: 2060-AT86 Publication ID: Spring 2020 
Title: National Emission Standards for Hazardous Air Pollutants: Organic Liquids Distribution (Non-Gasoline) Residual Risk and Technology Review 

This action addresses 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 implements 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 (California Communities Against Toxics v. Pruitt, Case No: 1:15-cv-00512 (D.D.C.)), the EPA was 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.

Agency: Environmental Protection Agency(EPA)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Not subject to, not significant 
CFR Citation: 40 CFR 63 subpart EEEE   
Legal Authority: 42 U.S.C. 7412 Clean Air Act   
Legal Deadline:
Action Source Description Date
Final  Judicial  15-cv-00512-TSC; 3/13/17.  03/13/2020 

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; 03/13/2017.

Action Date FR Cite
NPRM  10/22/2019  84 FR 56288   
Final Rule  06/00/2020 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal, Local, State 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Information URL:  
Sectors Affected: 324 Petroleum and Coal Products Manufacturing; 325 Chemical Manufacturing; 42 Wholesale Trade; 486 Pipeline Transportation; 493 Warehousing and Storage 
RIN Data Printed in the FR: No 
Agency Contact:
Brenda Shine
Environmental Protection Agency
Office of Air and Radiation
109 T.W. Alexander Drive, Mail Code E143-01,
Research Triangle Park, NC 27711
Phone:919 541-3608