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This action will address the agency's technology review of the National Emission Standards for Hazardous Air Pollutants (NESHAP) for the Gasoline Distribution NESHAP, subparts R and BBBBBB. 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 NESHAP regulates HAP emitted in gasoline vapors from storage tanks, loading operations, tank truck vapor leaks, and equipment leaks. 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).

This action will also address the agency's review of the New Source Performance Standards (NSPS) for Bulk Gasoline Terminals, subpart XX. The NSPS XX was 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. 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 and extended on September 28, 2021), the EPA is obligated to propose this action by June 1, 2022 and finalize this action by June 1, 2023.