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EPA/OAR RIN: 2060-AU97 Publication ID: Spring 2023 
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 finalizes 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: 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, and will include establishing new standards as appropriate, consistent with the recent decision in Louisiana Environmental Action Network (LEAN) v. EPA, 955 F.3d 1088 (D.C. Cir. 2020). In addition, this action addresses 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 the standards of performance under CAA section 111(b) no less often than every 8 years. In this action, the EPA is proposing to revise NESHAP requirements for storage tanks, loading operations, and equipment leaks to reflect cost-effective developments in practices, process, or controls. The EPA is also proposing New Source Performance Standards to reflect best system of emissions reduction for loading operations and equipment leaks. In addition, the EPA is proposing revisions related to emissions during periods of startup, shutdown, and malfunction; to add requirements for electronic reporting of performance test results, performance evaluation reports, and compliance reports; to revise monitoring and operating requirements for control devices; and to make other minor technical improvements.

Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 40 CFR 63, subpart R    40 CFR 63, subpart BBBBBB    40 CFR 60, subpart XX     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 42 U.S.C. 7401 et seq Clean Air Act   
Legal Deadline:
Action Source Description Date
Final  Judicial  Our Children's Earth Foundation  08/30/2023 
NPRM  Judicial  Our Children's Earth Foundation  06/01/2022 
Action Date FR Cite
NPRM  06/10/2022  87 FR 35608   
Final Rule  08/00/2023 
Additional Information: EPA-HQ-OAR-2020-0371.
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
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