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EPA/OAR RIN: 2060-AU97 Publication ID: Spring 2021 
Title: NESHAP for the Gasoline Distribution Source Category (40 CFR part 63, subparts R and BBBBBB) and NSPS for Bulk Gasoline Terminals (40 CFR 60 Subpart XX) Review 
Abstract: This action will address the agency's technology review of the National Emission Standards for Hazardous Air Pollutants (NESHAP) for two Gasoline Distribution rules. The Gasoline Distribution NESHAP, subparts R and BBBBBB, were promulgated pursuant to section 112(d) of the Clean Air Act (CAA) on December 14, 1994, and January 10, 2008, respectively. The NESHAP established emission limitations and other associated requirements based on maximum achievable control technology (MACT) for controlling emissions of hazardous air pollutants (HAP) from major sources and using generally available control technologies or management practices for controlling HAP emissions from area sources. The HAP emitted in gasoline vapors from storage tanks, loading racks, tank truck vapor leaks and equipment leaks include the following: benzene, ethylbenzene, hexane, toluene, xylenes, isooctane, naphthalene, cumene and methyl tert-butyl ether. This action will implement the technology review requirements of CAA section 112(d)(6). 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. The review will also evaluate whether there are unregulated pollutants or processes in the source category for which MACT standards should be established, consistent with the recent decision in Louisiana Environmental Action Network (LEAN) v. EPA, 955 F.3d 1088 (D.C. Cir. 2020). Pursuant to the consent decree in Our Children's Earth Foundation v. Wheeler, No. 18-cv-04765 (N.D. Cal. entered May 10, 2019), the EPA is obligated to propose this action by December 1, 2021, and complete this action by December 1, 2022. In addition, this action will address the agency's review of the New Source Performance Standards (NSPS) for Bulk Gasoline Terminals. The Bulk Gasoline Terminals NSPS, subpart XX, was originally promulgated pursuant to section 111(b) of the CAA on August 18, 1983. The NSPS established standards of performance in the form of emission limitations and other associated requirements based on the EPA's determination of the best system of emission reductions (BSER) as defined in CAA section 111(a)(1). This NSPS regulates volatile organic compounds in gasoline vapors emitted from tank truck loading and unloading operations. This action will implement the review requirements of CAA section 111(b)(1)(B). CAA section 111(b)(1)(B) requires the EPA to review, and if appropriate, revise standards of performance under CAA section 111(b) no less often than every 8 years. Pursuant to the consent decree in Our Children's Earth Foundation v. Wheeler, No. 18-cv-04765 (N.D. Cal. entered May 10, 2019), the EPA is obligated to propose this action by December 1, 2021, and complete this action by December 1, 2022 
Agency: Environmental Protection Agency(EPA)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: Undetermined 
CFR Citation: 40 CFR 60 40 CFR 63   
Legal Authority: 42 U.S.C. 7401 et seq Clean Air Act   
Legal Deadline:
Action Source Description Date
NPRM  Judicial  Our Children's Earth Foundation  12/01/2021 
Final  Judicial  Our Children's Earth Foundation  12/01/2022 
Timetable:
Action Date FR Cite
NPRM  12/00/2021 
Final Rule  12/00/2022 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: None 
Small Entities Affected: Undetermined  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Njeri Moeller
Environmental Protection Agency
Office of Air and Radiation
E143-01, 109 T.W. Alexander Drive,
Research Triangle Park, NC 27711
Phone:919 541-1380
Email: moeller.njeri@epa.gov

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
Email: shine.brenda@epa.gov