July 23, 2024

New Gasoline NSPS and NESHAP Regulations Finalized

On May 8, 2024, EPA finalized the technology reviews of the gasoline distribution NESHAPs of Part 63, Subparts R and BBBBBB and the bulk gasoline terminal NSPS of Part 60, Subpart XX. [89 FR 39304] A new Part 60, Subpart XXa was also created, applicable to bulk gasoline terminals that commence construction, modification, or reconstruction after June 10, 2022. The rule is expected to reduce HAP emissions by 2,200 tpy and VOC emissions by 45,400 tpy. While the agency did not provide an estimate on the number of bulk gasoline terminals subject to the two NSPS, it estimates 210 facilities are subject to the Subpart R major source NESHAP and 9,000 facilities are subject to the Subpart BBBBBB area source NESHAP. Changes to these stationary source standards include but are not limited to:

Part 60, Subpart XX applies to affected facilities that commenced construction, modification, or reconstruction after December 17, 1980, and on or before June 10, 2022. No other changes were made to this standard.
Part 60, Subpart XXa does not allow the startup, shutdown, and malfunction exemption of §60.8(c). New facilities must meet a 1.0 mg/L total organic carbon (TOC) emission limit, and modified and reconstructed facilities must meet a 10 mg/L TOC emission limit. Gasoline cargo tanks must meet a graduated vapor tightness certification of 0.5 to 1.25 inches of water pressure drop over five minutes, depending on tank compartment capacity. Quarterly instrumentation monitoring for equipment leaks is also required.
Part 63, Subpart R contains external floating roof fitting controls consistent with Part 60, Subpart Kb. Gasoline cargo tanks must meet a graduated vapor tightness certification of 0.5 to 1.25 inches of water pressure drop over five minutes, depending on tank compartment capacity. Semiannual instrumentation monitoring for equipment leaks is also required.
Part 63, Subpart BBBBBB contains external floating roof fitting controls consistent with Part 60, Subpart Kb. Gasoline cargo tanks must meet a graduated vapor tightness certification of 0.5 to 1.25 inches of water pressure drop over five minutes, depending on tank compartment capacity. Annual instrumentation monitoring for equipment leaks is required. An emission limit of 35 mg TOC per liter of gasoline loaded at large bulk gasoline terminals has been added. Vapor balancing requirements must also be met for loading storage vessels and gasoline cargo tanks at bulk gasoline plants with actual throughput of 4,000 gallons per day or more.

The final rule is effective July 8, 2024. More information, including a red-line document of the final amendments, is available via Docket ID No. EPA-HQ-OAR-2020-0371.

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This document addresses issues of a general nature related to the federal environmental regulations. Persons evaluating specific circumstances dealing with the environmental regulations should review state and local laws and regulations, which may be more stringent than federal requirements. In addition, the assistance of a qualified professional should be enlisted to address any site-specific circumstances.