View Rule

View EO 12866 Meetings Printer-Friendly Version     Download RIN Data in XML

EPA/OAR RIN: 2060-AU97 Publication ID: Spring 2022 
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 

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.

Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: Yes  Unfunded Mandates: No 
CFR Citation: 40 CFR 60    40 CFR 63   
Legal Authority: 42 U.S.C. 7414 et seq. Clean Air Act   
Legal Deadline:
Action Source Description Date
Final  Judicial  Our Children's Earth Foundation  06/01/2023 
NPRM  Judicial  Our Children's Earth Foundation  06/01/2022 
Action Date FR Cite
NPRM  06/00/2022 
Final Rule  06/00/2023 
Additional Information: EPA-HQ-OAR-2020-0371
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Tribal 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Information URL:  
Sectors Affected: 324110 Petroleum Refineries; 424710 Petroleum Bulk Stations and Terminals; 486910 Pipeline Transportation of Refined Petroleum Products; 493190 Other 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

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