Environmental Protection Agency: Thursday, November 9, 2006

Thursday,
November 9, 2006
Part IV
Environmental
Protection Agency
40 CFR Part 63
National Emission Standards for
Hazardous Air Pollutants for Source
Categories: Gasoline Distribution Bulk
Terminals, Bulk Plants, Pipeline Facilities,
and Gasoline Dispensing Facilities;
Proposed Rule
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66064 Federal Register / Vol. 71, No. 217 / Thursday, November 9, 2006 / Proposed Rules
ENVIRONMENTAL PROTECTION OAR–2006–0406, by one of the Docket Center homepage at http://

AGENCY following methods: www.epa.gov/epahome/dockets.htm.
• http://www.regulations.gov. Follow Docket: All documents in the docket
40 CFR Part 63 the on-line instructions for submitting are listed in the www.regulations.gov
comments. index. Although listed in the index,
[EPA–HQ–OAR–2006–0406, FRL–8240–1]
• E-mail: a-and-r-docket@epa.gov. some information is not publicly
RIN 2060–AM74 • Fax: (202) 566–1741.
• Mail: By U.S. Postal Service send available, e.g., CBI or other information
National Emission Standards for your comments to: Air and Radiation whose disclosure is restricted by statute.
Hazardous Air Pollutants for Source Docket, EPA, Mailcode: 6102T, 1200 Certain other material, such as
Categories: Gasoline Distribution Bulk Pennsylvania Ave., NW, Washington, copyrighted material, will be publicly
Terminals, Bulk Plants, Pipeline DC 20460. Please include a total of two available only in hard copy. Publicly
Facilities, and Gasoline Dispensing copies. In addition, please mail a copy available docket materials are available
Facilities of your comments on the information either electronically in http://
collection provisions to the Office of www.regulations.gov or in hard copy at
AGENCY: Environmental Protection Information and Regulatory Affairs, the Air and Radiation Docket, EPA/DC,
Agency (EPA). Office of Management and Budget, Attn: EPA West Building, Room B–102, 1301
ACTION: Proposed rule. Desk Officer for EPA, 725 17th St. NW., Constitution Ave., NW., Washington,
Washington, DC 20503. DC. The Public Reading Room is open
SUMMARY: This action proposes national • Hand Delivery: In person or by from 8:30 a.m. to 4:30 p.m., Monday
emission standards for hazardous air courier, deliver your comments to: Air through Friday, excluding legal
pollutants for certain area source and Radiation Docket, EPA, 1301 holidays. The telephone number for the
facilities. Specifically, this proposal sets Constitution Ave., NW, Room B–102, Public Reading Room is (202) 566–1744,
forth two regulatory alternatives. The Washington, DC 20004. Such deliveries and the telephone number for the Air
first alternative (Regulatory Alternative are only accepted during the Docket’s and Radiation Docket is (202) 566–1742.
1) proposes emission standards for bulk normal hours of operation, and special Note: The EPA Docket Center suffered
gasoline terminals, pipeline facilities, arrangements should be made for damage due to flooding during the last week
and bulk gasoline plants. The second deliveries of boxed information. of June 2006. The Docket Center is
alternative (Regulatory Alternative 2) is Instructions: Direct your comments to continuing to operate. However, during the
identical to the first alternative, except Docket ID No. EPA–HQ–OAR–2006– cleanup, there will be temporary changes to
that it also proposes emission standards 0406. EPA’s policy is that all comments Docket Center telephone numbers, addresses,
for gasoline dispensing facilities. We are received will be included in the public and hours of operation for people who wish
proposing these emission standards for docket without change and may be to make hand deliveries or visit the Public
hazardous air pollutants pursuant to made available online at http:// Reading Room to view documents. Consult
Clean Air Act section 112(c)(3) and www.regulations.gov, including any EPA’s Federal Register notice at 71 FR 38147
(July 5, 2006) or the EPA Web site at
112(d)(5). This action also announces personal information provided, unless http://www.epa.gov/epahome/dockets.htm
that we are not regulating the above- the comment includes information for current information on docket operations,
noted facilities under Clean Air Act claimed to be Confidential Business locations, and telephone numbers. The
section 112(c)(6). Information (CBI) or other information Docket Center’s mailing address for U.S. mail
We estimate that the proposed whose disclosure is restricted by statute. and the procedure for submitting comments
standards would result in an annual Do not submit information that you to www.regulations.gov are not affected by
reduction of about 3,300 and 3,400 tons consider to be CBI or otherwise the flooding and will remain the same.
of hazardous air pollutant emissions protected through www.regulations.gov
(including about 120 and 125 tons of or e-mail. The www.regulations.gov Web FOR FURTHER INFORMATION CONTACT:
benzene), and about 45,000 and 46,200 site is an ‘‘anonymous access’’ system, General and Technical Information: Mr.
tons of volatile organic compound which means EPA will not know your Stephen Shedd, Office of Air Quality
emissions for the proposed Regulatory identity or contact information unless Planning and Standards, Sector Policies
Alternatives 1 and 2, respectively. This you provide it in the body of your and Programs Division, Coatings and
represents about a 9 and 10 percent comment. If you send an e-mail Chemicals Group (E143–01), EPA,
reduction of emissions from area comment directly to EPA without going Research Triangle Park, NC 27711,
sources in the gasoline distribution through www.regulations.gov, your e- telephone (919) 541–5397, facsimile
source category for the proposed mail address will be automatically number (919) 685–3195, electronic mail
Regulatory Alternatives 1 and 2, captured and included as part of the (e-mail) address: shedd.steve@epa.gov.
respectively. comment that is placed in the public Economic Analysis Information: Mr.
docket and made available on the Art Rios, Office of Air Quality Planning
DATES: Comments. Comments must be Internet. If you submit an electronic and Standards, Health and
received on or before January 8, 2007. comment, EPA recommends that you Environmental Impacts Division, Air
Under the Paperwork Reduction Act, include your name and other contact Benefit and Cost Group (C339–01), EPA,
comments on the information collection information in the body of your Research Triangle Park, NC 27711,
provisions must be received by the comment and with any disk or CD–ROM telephone (919) 541–4883, facsimile
Office of Management and Budget you submit. If EPA cannot read your number (919) 541–0839, electronic mail
(OMB) on or before December 11, 2006. comment due to technical difficulties (e-mail) address:
Public Hearing. If anyone contacts and cannot contact you for clarification, Rios.Arturo@epamail.epa.gov.
EPA requesting to speak at a public EPA may not be able to consider your
hearing by November 29, 2006, a public comment. Electronic files should avoid SUPPLEMENTARY INFORMATION:
hearing will be held on December 7, the use of special characters, any form Regulated Entities. The regulated
2006. of encryption, and be free of any defects categories and entities affected by these
ADDRESSES: Submit your comments, or viruses. For additional information proposed national emission standards
identified by Docket ID No. EPA–HQ– about EPA’s public docket, visit the EPA include:
Federal Register / Vol. 71, No. 217 / Thursday, November 9, 2006 / Proposed Rules 66065
Category NAICS a Examples of regulated entities
Industry ........................................................ 324110 Operations at area sources that transfer and store gasoline, including bulk terminals,
493190 bulk plants, pipeline facilities, and gasoline dispensing facilities.
486910
424710
447110
447190
Federal/State/local/tribal governments.
a North American Industry Classification System.
This table is not intended to be D. What would be the testing and initial NESHAP)). The Major Source NESHAP
exhaustive, but rather provides a guide compliance requirements? imposed control requirements on
for readers regarding entities likely to be E. What would be the notification, sources within the source category that
recordkeeping, and reporting met the definition of major sources, e.g.,
affected by the national emission
requirements?
standards. To determine whether your III. Not Regulating This Source Category a source that emits 10 tons per year or
facility would be affected by the Under CAA Section 112(c)(6) more of any individual hazardous air
national emission standards, you should IV. Rationale for This Proposed Rule pollutant (HAP) or 25 tons per year or
examine the applicability criteria in this A. How did we select the source category? more of any combination of HAP.
proposed rule. If you have any questions B. How did we select the affected sources Gasoline vapors normally contain nine
regarding the applicability of the and emission points? HAP: benzene, ethylbenzene, hexane,
national emission standards to a C. How did we determine the level of this toluene, xylenes, isooctane,
proposed rule? naphthalene, cumene, and methyl tert-
particular entity, consult either the air
D. How did we select the format for this
permit authority for the entity or your butyl ether. Some gasoline distribution
proposed rule?
EPA regional representative as listed in E. How did we select the proposed testing terminals and pipeline facilities were
40 CFR 63.13. and monitoring requirements? found to be major sources by themselves
Worldwide Web (WWW). In addition F. How did we select the proposed or to be located at major sources.
to being available in the docket, an notification, recordkeeping, and Gasoline storage tanks at bulk terminals
electronic copy of this proposed rule is reporting requirements? and pipeline breakout stations, loading
also available on the WWW through the G. How did we decide to exempt gasoline racks at bulk terminals, vapor leaks from
distribution area sources from the CAA gasoline cargo tanks, and equipment
Technology Transfer Network (TTN).
title V permit requirements? components in gasoline service were
Following signature, a copy of this H. How did we determine the compliance
proposed rule will be posted on the emission sources that were regulated
date for existing facilities?
TTN’s policy and guidance page for V. Summary of Environmental, Energy, Cost,
under the Major Source NESHAP. Area
newly proposed or promulgated rules at and Economic Impacts sources of HAP emissions within the
the following address: http:// A. What are the air impacts? source category (many bulk terminals
www.epa.gov/ttn/oarpg/. The TTN B. What are the cost impacts? and pipeline breakout stations and all
provides information and technology C. What are the economic impacts? pipeline pumping stations, bulk plants,
exchange in various areas of air D. What are the non-air environmental and and gasoline dispensing facilities) were
energy impacts? not required to implement controls
pollution control.
VI. Statutory and Executive Order Reviews under the Major Source NESHAP.
Public Hearing. If a public hearing is A. Executive Order 12866: Regulatory
held, it will begin at 10 a.m. and will CAA Section 112(k)(3)(B) requires
Planning and Review EPA to identify not less than 30 HAP
be held at the EPA Facility Complex B. Paperwork Reduction Act
located at 109 T.W. Alexander Drive, C. Regulatory Flexibility Act
which, as the result of emissions from
Research Triangle Park, NC, or at an D. Unfunded Mandates Reform Act area sources, present the greatest threat
alternate facility nearby. Persons E. Executive Order 13132: Federalism to public health in the largest number of
interested in presenting oral testimony F. Executive Order 13175: Consultation urban areas, and Section 112(c)(3)
or inquiring as to whether a public and Coordination With Indian Tribal requires us to list sufficient area source
Governments categories or subcategories to ensure
hearing is to be held must contact G. Executive Order 13045: Protection of
Mr. Stephen Shedd, listed in the FOR that emissions representing 90 percent
Children From Environmental Health of the 30 listed HAP (area source HAP)
FURTHER INFORMATION CONTACT section, and Safety Risks
at least 2 days in advance of the hearing. are subject to regulation under section
H. Executive Order 13211: Actions That
The public hearing will provide Significantly Affect Energy Supply,
112(d) of the CAA. The Urban Air
interested parties the opportunity to Distribution, or Use Toxics Strategy (Strategy), issued on
present data, views, or arguments I. National Technology Transfer and July 19, 1999 (64 FR 38706) included a
concerning the proposed action. Advancement Act list of 30 area source HAP and a list of
area source categories emitting the listed
Outline. The information presented in I. Background HAP.
this preamble is organized as follows: Section 112 of the Clean Air Act CAA Section 112(d) standards include
I. Background (CAA) generally regulates major source new and existing source maximum
II. Summary of Proposed Rule for Area facilities separately from area source achievable control technology (MACT)
Sources facilities. On December 14, 1994 (59 FR standards, health threshold standards,
A. What source category would be affected 64303) we promulgated national and generally available control
by this proposed rule?
B. What would be the affected sources and
emission standards for hazardous air technology (GACT)/management
emission points? pollutants (NESHAP) for major source practices standards for area sources. The
C. What would be the emission limits, facilities within the gasoline standards that are the subject of this
equipment standards, and work practice distribution source category (see 40 CFR proposed rule are based on GACT
standards? part 63, subpart R (Major Source pursuant to CAA section 112(d)(5).
Gasoline vapors contain 2 HAP chain are identified in the following affected sources identified above and
(benzene and ethylene dichloride (EDC)) paragraphs. Vehicle refueling (Stage II they are area sources.
included among the 33 HAP listed distribution) is not covered by this For each of the facility types, the
under the Strategy. Gasoline proposed rule because, as stated in the emission points subject to control under
distribution (Stage I) was listed in the Strategy, we believe this is consistent this proposed rule include the transfer
Strategy because these facilities with Congress’ intent to regulate these and storage equipment in gasoline
contributed approximately 36 percent of emissions through CAA sections service. The sources of emissions at
the national urban emissions of benzene 182(b)(3) and 202(a)(6). bulk terminals that would be subject to
and 2 percent of the EDC from Bulk gasoline terminals are large control under this proposed rule
stationary sources at area sources. storage facilities that receive gasoline include gasoline storage tanks, cargo
Today we are proposing to add a directly from the refineries via tank loading racks, cargo tanks being
subpart to 40 CFR part 63 to address pipelines, barges, or tankers (or are co- loaded, and equipment components in
gasoline distribution area sources and to located at refineries). Gasoline from the liquid or vapor gasoline service. At
fulfill our obligation under CAA section bulk terminal storage tanks is loaded pipeline breakout stations and pumping
112(c)(3) to regulate stationary sources into cargo tanks (tank trucks or railcars) stations, gasoline storage tanks and
of benzene. EDC emissions have already for distribution to smaller, intermediate equipment components in liquid or
been controlled under the lead phase- storage facilities (bulk plants) or directly vapor service would be emission points
down provisions of section 218 of the to gasoline dispensing facilities (retail subject to control under this proposed
CAA. public service stations and private rule. At bulk plants this proposed rule
CAA Section 112(c)(6) requires us to service stations). would control emissions from the
list those source categories emitting at There are two types of pipeline loading of gasoline into storage tanks
least 90 percent of the aggregate facilities found at various intervals and the emissions from the loading of
emissions of each of 7 specific along gasoline distribution pipelines. gasoline cargo tanks. If we decide to
pollutants and to develop MACT or Pipeline breakout stations receive promulgate Regulatory Alternative 2,
health threshold standards to reduce the gasoline via pipelines, store it in storage then controls would also be required at
emissions of these pollutants. On tanks, and re-inject it into pipelines as gasoline dispensing facilities to control
November 8, 2002 (67 FR 68124), we needed to meet the demand from emissions from the loading of gasoline
revised the list of area sources under downstream facilities. Pipeline into storage tanks.
CAA section 112(c)(6) and added pumping stations are located along the
entire length of a pipeline at about 40 C. What would be the emission limits,
gasoline distribution to control
mile intervals. Their purpose is to equipment standards, and work practice
emissions of polycyclic organic matter
provide the extra ‘‘push’’ needed to standards?
(POM), one of the CAA section 112(c)(6)
pollutants. As discussed later in this move the product through the pipeline. This proposed rule would require that
action, we have concluded that it is not They do not normally have gasoline emissions from storage tanks that meet
necessary to regulate the gasoline storage capability. the applicability criteria at area source
distribution source category under CAA Bulk gasoline plants are intermediate bulk gasoline terminals and pipeline
section 112(c)(6). storage and distribution facilities that breakout stations be reduced by 95
normally receive gasoline from bulk percent, either through the use of
II. Summary of Proposed Rule for Area terminals via tank trucks or railcars. specified floating roofs and seals or
Sources Gasoline from bulk plants is through an alternative technology such
We are proposing and taking public subsequently loaded into tank trucks for as a closed vent system and control
comment on two regulatory alternatives. transport to local dispensing facilities. device. This proposed rule would also
The first alternative (Regulatory Gasoline dispensing facilities include require that cargo tank loading rack
Alternative 1) requires controls at bulk both retail public outlets and private emissions at bulk gasoline terminals be
gasoline distribution facilities, which dispensing operations such as rental car reduced to a level of 80 milligrams, or
include bulk gasoline terminals, agencies, fleet vehicle refueling centers, less, per liter of gasoline loaded into
pipeline facilities, and bulk gasoline and various government motor pool cargo tanks.
plants. The second alternative facilities. Gasoline dispensing facilities Bulk terminal owners and operators
(Regulatory Alternative 2) requires receive gasoline via tank trucks from also must not allow the loading of cargo
controls at both bulk gasoline bulk terminals or bulk plants. As tanks that do not have the appropriate
distribution facilities and gasoline mentioned earlier, the source category vapor tightness testing documentation.
dispensing facilities. only includes the delivery of gasoline at Before loading at an affected bulk
gasoline dispensing facilities and does terminal, the owner or operator of a
A. What source category would be cargo tank must present documentation
not include the vehicle refueling
affected by this proposed rule? of passing the vapor tightness test to
activities or equipment.
The source category that would be demonstrate, using EPA Reference
affected by this proposed rule is B. What would be the affected sources Method 27 or equivalent, that they meet
gasoline distribution (Stage I) area and emission points? a maximum pressure or vacuum decay
source facilities. This source category Under Regulatory Alternative 1, the rate of 3 inches of water, or less, during
includes area source facilities that affected sources to which this proposed a 5-minute test period. Some States have
perform the operations necessary to rule would apply are each bulk gasoline other practices or requirements to
distribute gasoline, beginning at the terminal, pipeline breakout station, ensure that vapor tight cargo tanks are
point the gasoline leaves the refinery pipeline pumping station, and bulk
vapor tested and those alternative

production process and ending when gasoline plant. Under Regulatory requirements will be allowed, as
the gasoline is loaded into the storage Alternative 2, the affected sources are specified, under this proposed rule as
tanks at gasoline dispensing facilities those listed above plus each gasoline well.
(these operations are referred to as dispensing facility. You are subject to This proposed rule would require the
‘‘Stage I’’ distribution). The five types of the requirements in this subpart if you implementation of a monthly equipment
facilities that make up this distribution own or operate one or more of the leak inspection at bulk terminals, bulk
plants, pipeline breakout stations, and stations. Such inspections would be Other reports are also required under
pipeline pumping stations. The conducted using the same procedures the General Provisions, generally on a
standards allow a sight, sound, and required in 40 CFR part 60, subpart Kb, one-time basis, for events such as a
smell inspection of all equipment Standards of Performance for Volatile notification before a performance test or
components in gasoline liquid or vapor Organic Liquid Storage Vessels (Storage a storage vessel inspection. Reporting
service. Any leaking equipment Vessels New Source Performance these events allows the regulatory
components would have to be repaired Standards (NSPS)). authority the opportunity to have an
within a specified time period. In addition, each owner or operator of observer present.
At bulk plants in all counties a bulk gasoline terminal would be Reporting requirements for owners or
nationwide this proposed rule would required to monitor the loading of operators of bulk plants and gasoline
require the use of submerged filling of gasoline into gasoline cargo tanks to dispensing facilities would be limited in
gasoline storage tanks and cargo tanks. limit the loading to vapor-tight gasoline most cases to the Initial Notification and
If we decide to promulgate Regulatory cargo tanks. The owner or operator of the Notification of Compliance Status.
Alternative 2, then gasoline dispensing each gasoline cargo tank loading at an Those bulk plants that are located in
facilities in Urban 1 and Urban 2 areas 1 affected bulk terminal would, therefore, States that require the use of submerged
will be required to use submerged filling be required to perform vapor tightness fill would not be required to submit
of gasoline storage tanks. The testing on each cargo tank to these notifications. The same would be
submerged filling requirement could be demonstrate compliance with the true for gasoline dispensing facilities if
met by either bottom filling or the use maximum allowable pressure and we pursue Regulatory Alternative 2 in
of a fill pipe that extends to within 6 vacuum change of 3 inches of water, or the final rule. Because these facilities
inches of the bottom of the tank being less, in 5 minutes. Vapor tightness are subject to only submerged fill
filled. testing would be performed using EPA requirements (plus equipment leak
Reference Method 27. Railcar cargo inspections at bulk plants), we believe
D. What would be the testing and initial that additional reporting after
compliance requirements? tanks can use the alternative ‘‘Railcar
compliance is achieved is unnecessary.
Bubble Leak Test Procedures’’ or an
This proposed rule would require that Records required under this proposed
approved equivalent. rule must be kept for 5 years. These
control devices being used to reduce
emissions from loading racks at bulk E. What would be the notification, include records of cargo tank vapor
terminals be tested to demonstrate that recordkeeping, and reporting tightness test certifications, records of
they comply with the emission limit. requirements? storage tank and equipment component
Closed vent systems and control devices inspections, and records of monthly
Affected sources that are subject to throughput.
used to reduce emissions from storage the control requirements under this
tanks would also have to be tested to proposed rule would be required to III. Not Regulating This Source
demonstrate that they comply with the submit four types of notifications or Category Under CAA Section 112(c)(6)
emission limit. There are, however, reports as set forth in the General Section 112(c)(6) of the CAA requires
options that allow for the use of recent Provisions: (1) Initial Notification; (2) us to list those source categories
performance tests or documentation that Notification of Compliance Status; (3) emitting at least 90 percent of the
the devices are complying with periodic reports; and (4) other reports. aggregate emissions of each of seven
enforceable State, local, or tribal The Initial Notification apprises the specific pollutants and to develop
operating permits in lieu of performing regulatory authority of applicability for MACT or health threshold standards for
a new test. existing sources or of construction for the sources listed under this provision.
Affected facilities that utilize control new sources. This notification also Alkylated lead compounds and POM are
devices (vapor processors) to comply includes a statement as to whether the the only two of the seven CAA section
with the emission limits for storage facility can achieve compliance by the 112(c)(6) pollutants that were identified
tanks or loading racks at bulk terminals required compliance date. The in gasoline.
would be required to monitor an Notification of Compliance Status Historically, the use of lead as a
operating parameter to demonstrate demonstrates that compliance has been gasoline additive in onroad vehicles
continuous compliance with the achieved. This notification contains the contributed significantly to the
emission limits. The monitored results of initial performance tests and nationwide inventory of alkylated lead
operating parameter value would be a list of equipment subject to the emissions. However, section 211(n) of
determined during a performance test or standard. Periodic reports would be the CAA prohibited the distribution or
by engineering assessment. An required on a semiannual basis. The sale of leaded gasoline for use in motor
operating parameter monitoring semiannual compliance report would vehicles as of December 31, 1995. This
approach approved by the permitting inform the regulatory authority of the prohibition has eliminated alkylated
authority, and included in an results of required inspections or lead emissions from the gasoline
enforceable operating permit, would additional testing results. An excess distribution (Stage I) source category.
also be allowed as an alternative. emissions report, if applicable, would Lead emissions presented in the 1990
Annual inspections of storage tank be submitted with the semiannual inventory of the seven CAA section
roofs and seals would be required for compliance report and would be 112(c)(6) pollutants were based on
bulk terminals and pipeline breakout required if excess emission events Department of Energy gasoline
1 Urban 1 areas means counties are part of a
occur. Excess emission events would consumption data indicating that 1
include events such as the loading of a percent of the onroad motor vehicle fuel
metropolitan statistical area with a population

greater than 250,000, based on the 1990 and the cargo tank that does not have distributed was leaded fuel. The
most current U.S. Census Bureau statistical documentation of vapor tightness distribution of this leaded fuel was
decennial census data. Urban 2 areas means testing, deviations from acceptable estimated to result in 0.086 tons of
counties where more than 50 percent of the
population is classified by the U.S. Census Bureau
operating parameter values, or alkylated lead emissions. The data used
as urban, based on the 1990 and most current U.S. equipment leaks that are not repaired in developing the 1990 inventory are,
Census Bureau statistical decennial census data. within the required time. however, not applicable since the ban
on the sale of leaded gasoline went into IV. Rationale for This Proposed Rule 2. Emission Points
effect. Additionally, as we explained During the development of the
A. How did we select the source
when listing other source categories of proposed rule, we evaluated each
category?
alkylated lead (see 67 FR 17838, April emission point at each of the five types
10, 1998), the ban on leaded gasoline in We listed area source gasoline
of affected sources as candidates for
onroad vehicles was recognized and the distribution (Stage I) facilities in July
additional control requirements. We
gasoline distribution (Stage I) source 1999 pursuant to section 112(c)(3) of the
found that there are available control
category was not listed for alkylated CAA to ensure that area sources
techniques applicable to each of the
lead emissions. representing 90 percent of the area
emission points within the source
source emissions of the 30 HAP that
On November 8, 2002 (67 FR 68124), category. In addition, emission points at
present the greatest threat to public
the area source gasoline distribution major source bulk terminals and
health in the largest number of urban
(Stage I) source category was added to pipeline breakout stations are subject to
areas are subject to regulation under
the list of source categories for Federal regulation under the Major
CAA section 112. This listing was based
development of standards under CAA Source NESHAP, the 1983 New Source
on information showing that emissions
section 112(c)(6) toward the 90 percent Performance Standards for Bulk
from the gasoline distribution source
requirement for POM. As explained in Gasoline Terminals (the Bulk Terminals
category (Stage I) contribute at least 36
the November 8, 2002 Federal Register NSPS), and the Storage Vessels NSPS.
percent and 2 percent of the national
notice, one surrogate for POM is the The control techniques used to comply
urban emissions of benzene and EDC,
sum of 16 polynuclear aromatic with these Federal rules are also
respectively, two of the 33 listed area
hydrocarbon compounds (16–PAH) applicable to the corresponding
source HAP.
measured in EPA Test Method 610. emission points at area sources. We also
EDC was added to leaded gasoline to
Naphthalene is the only estimated and found that there are numerous State
serve as a lead scavenger and prevent
reported 16–PAH in the 1990 inventory standards that apply to these emission
the unwanted buildup of lead deposits
emitted from gasoline distribution points at many area source gasoline
in engines. With the implementation of
(Stage I) facilities. We estimated and distribution facilities, including those
restrictions on the sale of leaded
reported the 1990 inventory for major facilities located in ozone non-
gasoline (as discussed in Section III of
attainment areas and in States that have
source and area source naphthalene this preamble) for use in passenger
implemented air toxics programs. The
emissions from this source category to vehicles, however, the use of EDC was
following paragraphs provide a
be 35.5 tons and 320 tons, respectively. also discontinued. Thus, while no
summary of our analysis of each
The total 1990 inventory for all source regulatory actions were implemented
emission point.
categories for 16–PAH was presented as specifically to address EDC emissions
Bulk Terminals. The four emission
8,405 tons. According to inventory from gasoline distribution, its use has
points at bulk terminals are: (1)
support documentation, naphthalene been eliminated. As a result of these
Emissions from loading racks when
emission calculations were based on actions, the gasoline distribution source
gasoline is loaded into cargo tanks, (2)
0.05 weight percent naphthalene in category is no longer a significant
fugitive leakage of vapors from cargo
gasoline vapors. contributor to nationwide EDC
tanks during loading of gasoline, (3)
emissions and its use will not be
The American Petroleum Institute evaporation of gasoline from storage
discussed further in this preamble.
(API) submitted data in late 2005 to tanks, and (4) equipment leaks from
The gasoline distribution (Stage I)
support their concern that we had over- pumps, valves, and other components.
source category’s contribution to the
estimated the naphthalene emissions. Emissions occur at loading racks
total nationwide emissions of benzene
We evaluated the API data along with when gasoline that is loaded into cargo
is, therefore, the reason this source
the data from other external sources, tanks displaces vapors inside these
category was selected for regulatory
and from EPA, that were used for the containers. These emissions may occur
development.
original listing inventory, and either uncontrolled (when facilities are
concluded that instead of using a B. How did we select the affected not using vapor collection and
naphthalene content in gasoline vapor sources and emission points? processing equipment) from cargo tank
of 0.05 weight percent, we should use compartments or from the outlet vents
1. Affected Sources
a value of 0.00027 weight percent. of control systems used to process these
As summarized in this preamble at displaced vapors.
Using the corrected fraction in
Section II.A, Regulatory Alternative 1 Emissions from loading racks are
gasoline vapor, we now estimate that
proposes to regulate HAP emission typically controlled by venting the
the 1990 inventory for major source and
points at bulk terminals, pipeline displaced vapors to a control device,
area source naphthalene emissions from breakout stations, pipeline pumping such as a thermal oxidizer or a carbon
this source category should be 0.19 tons stations, and bulk plants. Regulatory adsorber. Loading racks at major sources
and 1.73 tons, respectively. In addition, Alternative 2 proposes to regulate all of are controlled under the Bulk Terminals
the total 1990 inventory of 16–PAH is the HAP emission points covered by NSPS and the Major Source NESHAP,
reduced to 8,051 tons. Thus, gasoline Regulatory Alternative 1, and gasoline and many States also require controls on
distribution facilities (area sources) dispensing facilities, which are not these sources. Considering the current
contribute only 0.02 percent of the total covered by Regulatory Alternative 1. control level that is applied to this
16–PAH (1.73 tons out of 8,051 tons) Each of these five types of facilities that emission point by State and local rules,
and is not needed to meet the 90 percent make up the Stage I gasoline
we estimate the baseline emissions from

requirement for POM in CAA section distribution chain were analyzed during this emission point to be 2,353 tons of
112(c)(6). the preparation of the CAA section 112 HAP per year, nationwide.
As a result of this revision to the 1990 listing inventory and each type of Fugitive emissions from leaking cargo
naphthalene inventory, we do not facility contributes to the 36 percent of tanks may occur, even at controlled
intend to regulate this source category nationwide benzene emissions from this loading racks (those equipped with
under CAA section 112(c)(6). source category. vapor collection and processing
systems), through the dome or hatch Periodic inspection of equipment requirements in Federal and State rules.
covers, pressure-vacuum relief valves or components is the only control While there may be some storage tanks
vents, hose couplings, or even the technique that we have identified in the at bulk plants that are large enough to
cracks in the welds of the cargo tank applicable Federal and State rules. be subject to the control requirements
shell. These inspections typically are required typically applicable at bulk terminals,
Vapor tightness testing is used as a on a monthly or quarterly basis, are most are uncontrolled. Because bulk
means of identifying and controlling performed using sight, sound, and smell plants typically receive gasoline from
fugitive emissions from leaking cargo observations, and any leaking cargo tanks, the loading of gasoline into
tanks. The Bulk Terminals NSPS and components are required to be repaired the storage tanks at bulk plants can be
the Major Source NESHAP require within a specified period of time. We a significant source of emissions if the
vapor tightness testing for cargo tanks have estimated that the baseline tanks are not equipped for submerged
loading at major sources and many emissions from equipment leaks at bulk filling. We found that some States do
States in ozone non-attainment areas terminals, considering current control not regulate bulk plants, while those
require that affected source bulk requirements, are 37 tons of HAP per States with applicable standards
terminals limit the loading of gasoline year, nationwide. typically require that the loading of
into cargo tanks that have been tested Pipeline Breakout Stations. The two storage tanks utilize submerged filling
and certified to be vapor tight. Baseline emission points typically found at and the vapor balancing of the storage
emissions from leaking cargo tanks, pipeline breakout stations are gasoline tank with the delivery vehicle. By
considering current control storage tanks and equipment leaks. utilizing vapor balancing, the gasoline
requirements, are estimated to be about Storage tank and equipment component vapors that would be released to the
2,323 tons of HAP per year, nationwide. (pumps and valves) leak emissions at atmosphere are instead routed into the
Storage tanks at bulk terminals may pipeline breakout stations are identical cargo tank for return to the bulk
be of either fixed roof, external floating in the manner of their occurrence and terminal for vapor processing. We have
roof, or fixed roof with an internal the applicable control techniques to estimated the nationwide baseline HAP
floating roof construction. Although the those described above for bulk emissions from the loading of storage
precise mechanisms involved vary terminals. However, HAP emission rates tanks at bulk plants to be about 4,350
between the different types of storage are not the same due to differences in tons of HAP per year.
tanks, emissions originate from storage turnover rates and storage tank sizes as The loading of cargo tanks at some
tanks when liquid gasoline in the tank well as differences in the numbers of bulk plants is also done by top loading
is exposed to air, resulting in the estimated equipment components in the (splash filling) gasoline into the cargo
evaporation of the liquid. The vapors process line piping between the two tank compartments. This method results
that are produced by this evaporation facility types. We have estimated that in increased emissions compared to
are subsequently released to the the nationwide baseline emissions from bottom loading. Those States that
atmosphere either directly (in the case storage tanks and equipment leaks at regulate this activity typically require
of an external floating roof tank), when pipeline breakout stations, considering the use of submerged filling and a vapor
it is displaced by incoming gasoline, or current control requirements, are 1,100 balancing system to route the vapors
when the pressure of the vapor buildup and 160 tons of HAP per year, displaced from the cargo tank back into
in the tank is sufficient to open a respectively. the bulk plant storage tank. We have
pressure/vacuum vent in the tank. Pipeline Pumping Stations. At estimated the nationwide baseline HAP
The primary means of controlling pipeline pumping stations the only type emissions from the loading of cargo
emissions from storage tanks is the use of HAP emission sources that are tanks at bulk plants to be about 2,170
of systems that reduce the exposed normally found are equipment leaks tons of HAP per year.
surface area of the liquid in the tank. from components such as pumps and Fugitive emissions from bulk plants
Floating roofs, with various types of rim valves. We found that fugitive emissions are similar to those at bulk terminals in
seals and gasketed fittings around from equipment leaks at pipeline that they originate from liquid or vapor
penetrations in the roof, are typically pumping stations are typically leaks in equipment components.
required at major sources by applicable unregulated by States. However, this Because bulk plants are much smaller
Federal rules (the Major Source emission source and the applicable than bulk terminals, however, both the
NESHAP and the Storage Vessels control technique are the same as those number of fugitive emission sources and
NSPS). Many State standards have found at bulk terminals and pipeline the magnitude of the fugitive emissions
similar requirements for storage tanks at breakout stations. We have estimated are typically much less than those found
area source facilities. We have estimated that the baseline emissions from at bulk terminals. Periodic equipment
that the baseline emissions from storage equipment leaks at pipeline breakout leak inspections are the only control
tanks at bulk terminals, considering stations, considering current control technique identified that would be
current control requirements, are about requirements, are 7 tons of HAP per applicable to reduce emissions from
4,000 tons of HAP per year, nationwide. year, nationwide. equipment leaks. We found that
Equipment leaks from pumps, valves, Bulk Plants. The types of gasoline equipment leak emissions at bulk plants
and other equipment components occur distribution activities and emission are, however, typically unregulated. We
when the seals found in these items sources found at bulk plants are similar have estimated the nationwide baseline
become worn or damaged. Emissions to those found at bulk terminals. HAP emissions from equipment leaks at
from pumps arise from liquid gasoline Because of the size and throughput bulk plants to be 15 tons of HAP per
leaking from packed or mechanical seals differences between these two types of year.
in the pumps used to move the product Gasoline Dispensing Facilities. The
affected sources, however, there are

through the pipeline. Leaks also occur differences in the equipment only Stage I activities that occur at
from seals around stems of valves and configurations and the types of emission gasoline dispensing facilities are the
other equipment components that controls normally found at bulk plants. loading of gasoline into the storage
control or isolate gasoline from the Storage tanks at bulk plants are tanks and the subsequent storage of the
environment such as connections, drain typically fixed roof tanks and below the gasoline in these tanks. There are,
lines, and pressure relief devices. size cutoff criteria for floating roof however, various configurations of
equipment used in these activities. Most considered in this proposal are GACT control option for certain emission
gasoline dispensing facilities utilize levels of control. points provided us the flexibility to
underground storage tanks and the develop a regulatory alternative that
2. Control Options
emissions from these tanks occur required, for example, additional
primarily as a result of the displacement Our first step in developing the controls for larger emitting facilities, but
of vapors during the filling of the tanks. control options for each emission point not for smaller facilities.
In addition, storage tanks at some under this proposed rule was an Another factor we considered when
gasoline dispensing facilities are not evaluation of the existing controls developing the regulatory alternatives
equipped for submerged filling and required by the various Federal, State, was whether to require the controls in
filling is accomplished by simply and local agencies that regulate gasoline all counties nationwide or to make the
‘‘splash-filling.’’ distribution facilities. We found that standards applicable only in urban
We found that many States require most States regulate some or all of the areas. We presented our position on this
that the filling of storage tanks at emissions points at area sources in the issue in the Strategy. We stated that
gasoline dispensing facilities be gasoline distribution source category. In while our expectations are to apply area
controlled through the use of submerged addition, many of these emission points source standards under CAA section
filling and by a vapor balance system are subject to control under the Bulk 112(k) in all counties nationwide, we
where the displaced vapor from the Terminals NSPS, the Major Source would also determine for each area
storage tank is collected and routed back NESHAP, and the Storage Vessels NSPS source standard whether it is more
to the cargo tank during delivery. The at the major source bulk terminals and appropriate to apply that particular
vapor collected in the cargo tank is then pipeline breakout stations. standard in all counties nationwide or
returned to the bulk terminal and routed For each emission point, we only in urban areas. For this proposal,
to a vapor processor when the cargo identified and evaluated the various we started with the Urban 1 and Urban
tank is loaded. We have estimated the levels of control that are currently 2 area definitions we used in the
nationwide baseline HAP emissions required by Federal and State standards. Strategy.2 These definitions were used
from the filling of storage tanks at Each discrete level of control that we to identify a list of counties based on the
gasoline dispensing facilities to be about evaluated was considered to be a control 1990 census data. We then modified the
19,000 tons of HAP per year. option for the emission point. For list of counties to add new Urban 1 and
example, three discrete levels of control Urban 2 counties based on the 2000
C. How did we determine the level of were identified in State standards and census data. We are requesting comment
this proposed rule? in the Bulk Terminals NSPS and the on using this Urban 1 and Urban 2
1. Approach Major Source NESHAP for emissions approach to defining urban areas, and
from loading racks at bulk terminals. on any other approach or definition that
Our approach to determining the level These levels are expressed in terms of would better define where people live
of this proposed rule was based on the milligrams of total organic compounds in urban areas, such as densely
statutory requirements of CAA section emitted per liter of gasoline loaded into populated areas with 2,500, 50,000, or
112(c)(3). Section 112(c)(3) requires cargo tanks (mg/l) and are 80 (in several 250,000 people.
standards that comply with CAA section State rules), 35 (in some State rules and Using the factors presented in the
112(d), which specifies that standards in the Bulk Terminals NSPS), and 10 (in preceding paragraphs, we developed
may be developed using either the some State rules and in the Major numerous regulatory alternatives for
MACT approach, a health threshold Source NESHAP). Therefore, in consideration. We evaluated the
approach, or the GACT and evaluating potential levels of control for potential HAP reductions, capital and
management practices approach. this proposed rule, we analyzed each of annualized costs, and cost-effectiveness
As discussed earlier, this source these three levels of control as a control of each regulatory alternative. (Our
category was listed for benzene option for bulk terminal loading racks. analyses can be found in Docket ID No.
emissions. Many carcinogens, including The process of identifying and EPA–HQ–OAR–2006–0406.) We then
benzene, do not have a health threshold, evaluating control options was repeated ranked the regulatory alternatives
thus the health threshold approach was for each of the gasoline distribution starting with the most cost-effective and
not evaluated. Therefore, our approach source category emission points that progressing to those that were less cost-
was to assess the regulatory options were discussed in Section B.2 of this effective and, in most cases, required
based on the GACT, management preamble. more stringent control. Based on our
practices, and MACT levels of control. evaluation of the series of regulatory
Under this approach we evaluated each 3. Regulatory Alternatives alternatives, we determined that three
emission point within the source After we identified and evaluated the regulatory alternatives were viable
category and identified the control control options for each emission point candidates for evaluation and
options that we found to be applicable within the source category we discussion.
to each emission point within the developed a series of regulatory Regulatory Alternative 1. The first
source category. As we discuss later in alternatives. Each regulatory alternative regulatory alternative that we
this section of the preamble, we consisted of one control option for each considered for the proposed rule was
developed three regulatory alternatives emission point at each facility type. We based on those control options that were
based on our analysis of current levels began our regulatory alternatives found to be the most cost effective
of control and progressively adding development with the most cost controls for the larger bulk facilities
more stringent levels of control. In effective control options as Regulatory (bulk terminals, bulk plants, pipeline
adding more stringent levels of control, breakout stations, and pipeline pumping
Alternative 1 and then added the more

we did not reach, prior to making the stringent control options found in stations). Under this regulatory
proposed decision, the MACT (average subsequent regulatory alternatives.
of the best performing 12 percent of the We also included in our development 2 Urban 1 areas means counties are part of a
sources) level of control for all emission of regulatory alternatives a baseline or metropolitan statistical area with a population
greater than 250,000. Urban 2 areas means counties
sources. The three regulatory ‘‘no additional control’’ control option where more than 50 percent of the population is
alternatives that we discuss later and for the emission points. Including this classified by the U.S. Census Bureau as urban.
alternative, gasoline dispensing $57 million, and the annualized cost annualized cost would be a credit of
facilities would not be subject to control would be a credit of about $6 million. about $54,000. The cost-effectiveness of
requirements beyond those already The nationwide cost-effectiveness of this level of control for this average
implemented by State and local this level of control is, therefore, a facility is, therefore, a credit of about
standards, unless they have storage savings of about $2,000 per ton of HAP $1,200 per ton of HAP reduction.
tanks with a capacity greater than reduction. Because the potential for Recently, industry has gathered
20,000 gallons. We selected this evaporative losses of gasoline from these loading rack conversion and vapor
regulatory alternative for consideration tanks is large, control options that are processor installation costs (as well as
because facilities in the bulk segment of less stringent are less cost-efficient, after small storage tank secondary seal costs)
the source category are larger facilities. the recovery credit is considered. to demonstrate that these controls are
We chose to apply the controls The performance testing of control not cost effective at small bulk
required under Regulatory Alternative 1 devices and the inspection of seals and terminals. We are currently reviewing
to all counties nationwide rather than gaskets, as required under the Major this information and it is contained in
only in urban areas. As discussed Source NESHAP, would also be the docket for public review and
earlier, we generally develop area required under Regulatory Alternative 1. comment. Based on our review of this
source standards that are applicable to Loading racks at bulk terminals would data and comments and data received
all counties nationwide unless we also be subject to control under during the comment period, we will
believe it is more appropriate to apply Regulatory Alternative 1. We found consider requiring small terminals
standards only in urban areas. The during our evaluation of State rules that (based on a yet to be determined daily
emission controls required under this these loading racks are generally throughput) to use submerged fill
regulatory alternative would result in a required to install and operate vapor without processing the vapors to 80 mg/
net credit to the affected facilities processors that are capable of l.
because they would prevent the loss controlling emissions to a level of no To ensure that vapors in cargo tanks
(through evaporation) of enough more than 80 milligrams of total organic would be displaced into vapor
gasoline to more than pay for the costs compounds emitted per liter of gasoline processors, bulk terminal owners and
of the controls. Therefore, this is an loaded (mg/l). This level of control has operators would also be required, under
appropriate alternative for all facilities been found to be the most cost-effective Regulatory Alternative 1, to limit the
and locations. level available for vapor processing. loading of cargo tanks at their facilities
Under Regulatory Alternative 1, the Although we expect that a small number to those cargo tanks that have passed a
level of control for large (greater than of uncontrolled facilities exist, we did vapor tightness test. The requirement for
20,000 gallon capacity) storage tanks is not identify any bulk terminals during an annual vapor tightness test of cargo
the same as that required under the our analysis that are not meeting a tanks is found in many State rules and
Major Source NESHAP. Storage tanks of control level of 80 mg/l. Since our is also in the Bulk Terminals NSPS and
this size are typically found at bulk analysis was completed, industry has the Major Source NESHAP. Vapor
terminals and pipeline facilities, collected information on these small tightness is tested by EPA Reference
although in rare cases they may be at terminals, as discussed in the next Method 27, and is measured in terms of
bulk plants or gasoline dispensing paragraph. While some State rules the change in pressure or vacuum
facilities. These tanks would be require emissions to be limited to 35 observed, from an initial pressure of 18
controlled by installation of floating roof mg/l, and the MACT standard for major inches of water or an initial vacuum of
technology with the best rim seals on all sources is 10 mg/l, the incremental cost- -6 inches of water, over a 5-minute test
tanks and fitting controls on external effectiveness of requiring these more period. Many States have adopted a
floating roof tanks. As discussed in the stringent control levels is poor, requirement specifying a maximum
Major Source NESHAP final rule notice, especially if replacement of an existing allowable change in pressure of 3 inches
fitting controls on internal floating roof vapor processor was necessary (about of water. This is also the level specified
tanks have a poor HAP cost- $40,000 per ton of HAP reduction). in the Bulk Terminals NSPS for new
effectiveness. Therefore, they are not Therefore, since many terminals still loading racks. Our analysis of cargo tank
included under this regulatory have vapor processors meeting the 80 tightness testing requirements indicated
alternative. As an alternative to the mg/l limit and they are cost-effective that approximately 22,000 cargo tanks
installation of floating roof technology, controls that are in widespread use, we out of an estimated 23,800 vapor
storage tanks may be equipped with a are proposing a limit of 80 mg/l for bulk collection-equipped cargo tanks already
closed vent system and control device terminal loading racks in Regulatory comply with this control level. We
designed and operated to reduce Alternative 1. As mentioned above, we estimate that the nationwide annual
emissions by 95 percent. This level of were unable to develop a reliable VOC and HAP reductions under this
control has been found to be the most estimate of the small number of level of control would be about 1,220
cost-effective level available. Our facilities that are not currently meeting and 90 tons. Because maintenance costs
analysis of current control requirements a level of 80 mg/l at their loading racks. and testing costs are the only costs
indicated that about 1,000 of the Therefore, rather than attempt to associated with this option, there is no
estimated 6,300 storage tanks at area estimate nationwide emission capital cost associated with this option,
source bulk terminals currently comply reductions and costs, we estimated the and the annualized cost would be about
with this level of control for both rim potential impacts on an average sized $0.2 million. The nationwide cost-
and fitting seals. Approximately 1,560 loading rack. We estimated that this effectiveness of this level of control is,
additional storage tanks currently have average facility would, through the therefore, about $2,250 per ton of HAP
the required rim seals and would only installation of a carbon adsorber to meet reduction. However, because the vapor
need to be upgraded by adding fitting the 80 mg/l control level, reduce their processor control requirement and
seals. We estimate that the nationwide VOC and HAP emissions by about 620 vapor tightness requirement for cargo
annual volatile organic compounds and 45 tons. The capital expenditure for tanks ensures that vapors are controlled,
(VOC) and HAP reductions under this this control would be almost $1 million. the combined cost-effectiveness of these
level of control would be 43,000 and After considering the value of the controls is about $1,000 per ton of HAP
3,100 tons, the capital cost would be recovered product, however, the controlled.
Some other States, and the Major operators generally perform inspections Regulatory Alternative 2. As
Source NESHAP, specify a maximum for safety reasons makes the inspection discussed earlier, our approach in
change of 1 inch of water. Because our program an attractive option. We did developing the regulatory alternatives
analysis showed that the incremental not attempt to quantify the emissions was to first look at the most cost-
cost-effectiveness of requiring the 1-inch reductions and costs for this level of effective controls at the larger bulk
maximum pressure decay versus the 3- control because the percentage of facilities, then to look at smaller
inch maximum pressure decay was high owners or operators who are already (gasoline dispensing) facilities, typically
(about $30,000 per additional ton of doing similar inspections, while located closer to the population.
HAP reduced), we chose to keep the 3- believed to be a large percentage, is not Regulatory Alternative 2, therefore,
inch maximum pressure decay level in known. If, as believed, a large would require that storage tanks at
Regulatory Alternative 1. percentage of facilities are already being gasoline dispensing facilities in Urban 1
Our analysis of the emission points inspected for equipment leaks, the and Urban 2 areas be filled using
and controls applicable to bulk plants added emission reductions and costs submerged fill and would also include
led us to conclude that the most cost- associated with this proposed rule all of the requirements of Regulatory
effective means of reducing HAP would be small. Alternative 1. This Alternative would
emissions is the conversion from splash We also included in Regulatory lead to additional HAP emission
filling to submerged filling of storage Alternative 1 a work practice standard reductions in more populated areas
tanks and cargo tanks. Approximately that requires all affected sources to compared to Regulatory Alternative 1.
5,500 out of 5,900 bulk plants are handle gasoline in a manner that As discussed in Section IV.B. of this
estimated to utilize submerged fill. We reduces vapor releases. This preamble, the use of submerged filling
estimate that the nationwide annual requirement includes steps such as results in about a 60 percent reduction
VOC and HAP reductions under this minimizing spills and not storing in emissions compared to splash filling
level of control would be about 860 and gasoline in open containers. As with the of storage tanks. We estimate that this
108 tons, the capital cost would be $2 equipment leak inspection program, technology is already used for the
million, and the annualized cost would these simple actions have been included delivery of about 99 percent of the
be $30,000. The nationwide cost- as a work practice standard in gasoline to gasoline dispensing
effectiveness of this level of control is, Regulatory Alternative 1. facilities. However, because the
therefore, about $300 per ton of HAP remaining 1 percent accounts for over
The implementation of Regulatory
reduction when converting to 1.3 billion gallons of gasoline, we
Alternative 1 would result in an
submerged filling of both the storage estimated that an additional 100 tons of
estimated HAP reduction of about 3,300
tanks and cargo tanks. Because bulk HAP emission reductions (1,370 tons of
tons per year, of which about 120 tons
plants are typically much smaller VOC) would be achieved through the
would be benzene. As discussed later in
facilities than bulk terminals, and have implementation of the submerged fill
this preamble, we estimate that this
much lower storage capacity and requirement at gasoline dispensing
alternative will reduce incidences of
gasoline throughput, the types of facilities as specified in Regulatory
controls that are normally cost-effective cancer from benzene exposure by 0.037 Alternative 2. As discussed later in this
at bulk terminals are much less cost- cases per year. These reductions would preamble, we estimate that submerged
effective at bulk plants. For example, be achieved with an initial capital fill will reduce incidences of cancer
bulk plant storage tanks are normally investment estimated at $60 million from benzene exposure by 0.002 cases
below the size in which internal floating nationwide. Because of the value of the per year. These additional reductions
roof technology is typically installed. product that is prevented from would be achieved at an additional $5
Also, while the use of vapor balancing evaporating as a result of these control million in capital cost and an increase
between storage tanks and cargo tanks is measures, however, the annualized cost in the annualized cost of approximately
required by some States, the cost- of Regulatory Alternative 1 is estimated $47,000. The cost-effectiveness of
effectiveness of this requirement was to be a credit of approximately $6 submerged fill at gasoline dispensing
estimated to be about $10,000 per ton of million per year. The cost-effectiveness facilities is, therefore, about $470 per
HAP reduced. As a result of the of this Alternative, therefore, would be ton of HAP emissions reduced.
difference in cost-effectiveness, we have a credit of about $1,800 per ton of HAP Our analysis showed that if the
elected to include in Regulatory reduced. submerged fill requirement was applied
Alternative 1 the requirement that bulk As an option to regulatory Alternative in all counties nationwide rather than
plants utilize submerged filling of 1, we are also considering the adoption only in Urban 1 and Urban 2 areas
storage tanks and cargo tanks. of a seals and floating roof technology (Regulatory Alternative 2), the
Also included in Regulatory for storage tanks at bulk terminals and additional HAP reductions would be
Alternative 1 is the requirement that pipeline facilities and controlling about 36 tons per year from the
bulk terminals, bulk plants, pipeline emissions from loading racks at bulk approximately 700 additional facilities
breakout stations, and pipeline pumping terminals. This option would reduce that would be required to add
stations perform a monthly equipment HAP emissions by 3,100 tons per year submerged fill. The total capital cost
leak inspection. During the and VOC emissions by 43,000 tons per would increase by about $2 million and
development of the Major Source year. This option would achieve 94 and the annualized cost would increase by
NESHAP, we concluded that an 90 percent of the emission reductions of about $18,800. However, as stated
equipment leak inspection program Alternative 1 and 2 (discussed below), earlier, our approach when adding
utilizing sight, smell, and sound respectively. This option would reduce controls for smaller facilities, in this
cancer incidence by roughly 0.035
techniques was an effective way to case gasoline dispensing facilities, is to

identify leaking components in gasoline cancers per year. We estimate that this apply controls in the more populated
service. Although leaking equipment option would require capital areas. This focuses the emission
components are normally a small source expenditures of $57 million, but reductions from this industry segment
of HAP emissions compared to some of because of the reduced loss of gasoline, in urban areas, results in a larger
the other emission points in the source this option would yield an annual cost percentage of the population receiving
category, the fact that owners or savings of $6 million per year. the benefits of reduced emissions and
exposure to HAP, and reduces the about $10,700 per ton of additional HAP comment on the proposed regulatory
overall cost of the rule. Therefore, we reduced and a cost-effectiveness of text.
chose to only include in Regulatory about $4,600 per ton of HAP controlled We also solicit comment on whether
Alternative 2 those gasoline dispensing for the combined alternative. we should finalize Regulatory
facilities located in the more populated As was the case for Regulatory Alternative 3 as described above which
urban (Urban 1 and Urban 2) areas. Alternative 2, we examined the impacts provides greater emission reductions
Regulatory Alternative 3. Continuing of applying standards in all counties and cancer incidence reductions than
our approach of considering nationwide versus applying standards Alternatives 1 and 2.
increasingly more stringent control only in urban areas. We chose to Additionally, we solicit comment on
levels, the next level of control that we minimize the overall control cost of this whether we should select a final rule
considered for gasoline dispensing Alternative by only requiring vapor that is based on installation of seals and
facilities was the requirement to vapor balancing in the most populated (Urban floating roof technology for storage
balance the loading of storage tanks. 1) areas. If Regulatory Alternative 3 tanks at bulk terminals and pipeline
Regulatory Alternative 3 would include were applied in Urban 2 areas (as well facilities and controlling emissions from
the requirement that all gasoline as Urban 1 areas) or in all counties loading racks at bulk terminals. The
dispensing facilities located in Urban 1 nationwide, the cost-effectiveness additional controls identified in
areas utilize vapor balancing when would be the same, but the HAP Regulatory Alternatives 1 and 2
loading gasoline into their storage tanks reductions would increase by about 100 compared to this option for Alternative
and would also include all of the tons per year and 180 tons per year, 1 would achieve additional reductions
requirements of Regulatory Alternative respectively, and the annualized costs of HAP of 200 and 300 tons per year.
2. Our analysis indicated that vapor would increase by about $30 million These additional reductions represent a
balancing is already used for the and $60 million, respectively. further reduction of only 6 to 10 percent
delivery of about 68 percent of the of the reduction achieved by this option
4. Proposed Level of the Emission Limit to Alternative 1. These additional
gasoline to gasoline dispensing
and Work Practice Standards reductions in HAP will yield a
facilities.
For Regulatory Alternative 3, we Based on our analysis of the three reduction in cancer incidence from
evaluated a vapor balancing regulatory alternatives presented here, exposure to benzene by roughly 0.002 to
requirement based on typical State we have decided to propose both 0.004 cases per year. Controls in these
standards for gasoline dispensing Regulatory Alternatives 1 and 2 in this alternatives would also reduce VOC
facilities. We evaluated a control proposed rule. These Alternatives emissions by an additional 2,100 to
approach that included equipment and achieve significant HAP emissions 3,500 tons per year. We estimate that
work practice standards and also reduction (3,300 or 3,400 tons per year), these additional controls will result in
allowed an option of demonstrating that and, because most of the control capital costs of roughly $2 to $7 million
alternative control techniques selected measures included prevent the and annual costs of roughly $230,000 to
by owners or operators were equally evaporation of gasoline, accomplishes $280,000 per year. The rationale for
effective. Under this approach, the those reductions at a credit of about adopting this alternative reflects a
equipment and work practice standards $1,800 or $1,750 per ton of HAP relatively greater emphasis on the
would specify the components and reduction on a nationwide basis, limited additional reduction in HAP
operation of an acceptable vapor respectively. While Regulatory and VOC emissions and the limited
balance system. The owners or operators Alternative 2 achieves only an additional reduction in cancer
would be allowed, however, to utilize additional 100 tons of HAP reduction, incidence associated with Alternatives 1
other equipment configurations if they the incremental cost to achieve those and 2.
successfully demonstrated through reductions are small ($47,000 Lastly, we are asking for comment on
performance testing that their system annualized cost). More importantly, the whether Regulatory Alternative 1 and
was capable of reducing emissions from reductions are achieved at service the above option to that alternative
the loading of their storage tanks by 95 stations located generally closer to the should be required in all counties
percent. This regulatory approach is public and not subject to control under nationwide as proposed or just in urban
utilized by many State and local Regulatory Alternative 1. As presented areas. In addition, as discussed earlier,
agencies because of the flexibility it later in this preamble, a rough we are requesting comment on the use
allows. approximation of incidences of cancer of Urban 1 and Urban 2 definitions or
The use of vapor balanced loading of from benzene exposure indicates that some other definitions to better define
storage tanks achieves significantly gasoline distribution area sources the urban areas where people live.
more HAP reductions compared to contribute to a small number of annual
submerged filling. It is, however, much incidences of cancer. Therefore, the D. How did we select the format for this
more costly and is a much less cost- additional incidence reduction between proposed rule?
effective requirement. Adding vapor Regulatory Alternatives 1 and 2 is small. Many owners or operators of affected
balancing to gasoline dispensing The regulatory text included in this sources under this proposed rule also
facilities in Urban 1 areas would proposed rule implements Regulatory own or operate other sources that are
achieve over twice the HAP emissions Alternative 2. We have proposed subject to control requirements under
reduction and incidences of cancer regulatory text for Regulatory State rules or the Major Source
avoided of Regulatory Alternative 2 Alternative 2 because that Alternative NESHAP. The format selected for the
(7,000 tons per year compared to 3,400 encompasses all of the facilities that proposed standards was developed
tons per year, and 0.08 cases per year would be subject to standards under based on our review of Federal and
compared to 0.039 cases per year). Regulatory Alternative 1, plus gasoline State rules affecting the same emission
These greater reductions would require dispensing facilities. If we finalize points at many facilities within the
the expenditure of an additional $99 Regulatory Alternative 1 we will modify source category. Our goal was to set a
million in capital cost and $38 million the regulatory text appropriately to format for each emission point that is
in annualized control cost. We estimate remove the provisions applicable to compatible with the applicable test
an incremental cost effectiveness of gasoline dispensing facilities. We solicit methods, that reflects the performance
of the control technology, and is State rules that affect bulk plants and without imposing an undue burden on
consistent with the formats used in gasoline dispensing facilities. the affected sources.
other applicable rules. The proposed For equipment leak emission controls, The proposed standards require initial
standards consist of a combination of we have selected a work practice performance testing and continuous
several formats: numerical emission standard, a monthly equipment leak operating parameter monitoring for
limits and operating limits, equipment inspection that is consistent with the vapor processor systems, annual vapor
standards, and work practice standards. format found in the Major Source tightness testing of cargo tanks, periodic
Numerical emission limits are feasible NESHAP for major sources and other visual inspections and seal gap
for storage tanks outfitted with a closed industrial standards. This format was measurements of floating roofs, and
vent system and a control device. selected because, during the monthly inspections of equipment
Because these devices must be tested to development of the Major Source components in gasoline service.
determine their performance level, a NESHAP, it was found to be as effective We are proposing continuous
numerical emission limit is both as an instrument-based leak detection monitoring of operating parameters as a
reasonable and practical. For this and repair program for detecting measure to certify and document
control situation, we have proposed a gasoline leaks at bulk terminals. Under continuous compliance of the vapor
percentage control efficiency (95 this work practice standard, leaks that processing systems. The testing,
percent reduction in total organic are discovered must be repaired within continuous monitoring, and inspection
compound emissions), which is 15 days. requirements in this proposed rule are
consistent with the format used in the based on those in the Major Source
Another work practice standard
Major Source NESHAP as well as in the NESHAP. In addition to these
applicable at affected sources requires
Refinery NESHAP (40 CFR part 63, requirements, we are proposing the
that gasoline be handled in a manner
subpart CC). monitoring of the presence of a pilot
that reduces fugitive emissions from
flame as an alternative to temperature
A numerical emission limit was also spills and open containers. This work
monitoring of thermal oxidation units.
selected for loading racks controlled by practice standard is also found as a
Industry has raised concerns with
vapor processors. We have proposed requirement of the major source temperature monitoring that leads us to
that emissions from loading racks must NESHAP. propose this alternative. Due to the
not exceed 80 mg of total organic An additional work practice standard cyclic nature of the emissions during
compounds per liter of gasoline loaded in combination with an emission limit loading operations, some facilities have
through the loading rack. This is the has been selected for ensuring that only found the selection of an appropriate
same format that is used in the Bulk vapor tight cargo tanks are loaded at target temperature problematic.
Terminals NSPS and the Major Source bulk terminals so that the gasoline Moreover, to compensate, some
NESHAP for loading rack control, vapors will be transferred to the vapor facilities may burn excess amounts of
although the actual numerical limit is processor. The proposed standard supplemental fuel (natural gas) to
different. requires that owners or operators of bulk maintain temperature with no HAP or
You would also have the option of terminals take steps to ensure that any VOC emission reduction benefit and an
installing floating roof technology with cargo tank loaded has been tested for increase in nitrogen oxide emissions.
specific types of rim and deck fitting vapor tightness as measured by EPA We are requesting comment on the
seals for affected storage tanks. The Reference Method 27, or an acceptable sufficiency of monitoring for the
floating roof option has been included alternative. This work practice standard presence of the pilot flame by itself or
in most Federal rules affecting is consistent with the format of the Bulk with additional parameters. Industry
petroleum storage tanks, including the Terminals NSPS and the Major Source has recommended automatic shutdown
Major Source NESHAP and the Storage NESHAP for vapor tight cargo tanks and of the loading operations when the pilot
Vessels NSPS. In selecting this requires that a pressure or vacuum flame is absent, coupled with daily
equipment standard, we have change of no more than 3 inches be monitoring of the assist blower
maintained consistency with the control achieved during a 5-minute test period. operation, of the vapor line valve
approach that most affected gasoline operation, and of the automatic
distribution facilities have used to E. How did we select the proposed
testing and monitoring requirements? shutdown system. We are requesting
comply with the Major Source NESHAP. additional information on the specifics
Additionally, we are allowing selected In our evaluation of the potential on how these additional items are
equipment, work practice, monitoring, testing and monitoring requirements for monitored and why they or others are
and recordkeeping standards in the this proposed rule, we considered the appropriate to ensure continuous
more recent floating roof storage vessel requirements found in various Federal compliance with the emission limit (80
standards (40 CFR 63, subpart WW, and State rules. While the Federal mg/l). Further details on the industry
National Emission Standards for Storage requirements we evaluated apply only recommendations are in the docket and
Vessels (Tanks)—Control Level 2), as an to major sources within the gasoline we request comments, along with data
alternative to the rule text in the Storage distribution source category, the State that support the comments, on their
Vessels NSPS and Major Source and Federal new source rules also apply recommendations. We are also
NESHAP. to area sources. As a result of our attempting to collect additional
The proposal provides that bulk evaluation, we have elected to include information and data to support that
plants and, under Regulatory certain testing and monitoring these additional items are appropriate to
Alternative 2, gasoline dispensing requirements from existing Federal monitor. We will evaluate the data
facilities, must implement an equipment regulations as well as requirements
presented to us during the public

standard to reduce emissions from the found in some State rules. The testing comment period to determine the final
loading of storage tanks and cargo tanks. and monitoring requirements that we rule approach on continuous
This equipment standard requires the have included in this proposed rule are compliance monitoring.
use of submerged fill pipes for loading intended to ensure that the objective of Industry representatives are also
activities at these facilities. Similar achieving significant emission working on and have recommended
equipment standards are found in many reductions on a continuous basis is met alternative parameters to monitor for
continuous compliance of carbon delegated permitting authority with Notification and a Notification of
adsorption systems. Industry is respect to determining initial and Compliance Status. We estimate that the
recommending daily monitoring of ongoing compliance with the proposed burden of filing these notifications
carbon adsorption system vacuum levels standards. We have not made a general would be as much as $30 million for
and other system parameters, and determination regarding how best to these facilities that are already
monthly measurements of outlet impose reporting requirements on area complying with the requirements of this
concentration, instead of continuous sources and seek comment on ways to proposed rule. We are requesting
monitoring of outlet concentration as balance the need for reporting with the comment on the elimination of the
required in the Major Source NESHAP burden imposed on sources. The requirement to file the Initial
and this proposed rule. We are proposed standards would require an Notification and Notification of
requesting additional information on the owner or operator of a bulk terminal or Compliance Status in areas already
specifics on how these parameters are a pipeline facility to submit the required to install this equipment.
monitored and why they or others are following four types of reports: (1) The Initial Notification and the
appropriate to ensure continuous Initial Notification; (2) Notification of Notification of Compliance Status
compliance with the emission limit (80 Compliance Status; (3) periodic reports would still be required, however, for
mg/l). Further details on the industry (including excess emissions reports); bulk gasoline plants and, if we select
recommendations are in the docket and and (4) other reports. Regulatory Alternative 2, gasoline
we request comments, along with data The purpose and contents of each of dispensing facilities in other States (see
that support the comments, on their these reports are described in this listing in docket). We are nevertheless
recommendations. We will evaluate the section. The proposed rule requires all proposing to simplify these notifications
data presented to us during the public reports to be submitted to the by providing examples of forms that
comment period and determine in the ‘‘Administrator.’’ The term request only the minimum amount of
final rule whether this alternative Administrator refers either to the information that would be necessary. In
approach ensure continuous compliance Administrator of the Agency, an Agency addition, if an affected bulk plant or
with the emission standards. regional office, a State agency, or other gasoline dispensing facility is already in
Various alternative testing and entity that has been delegated the compliance with this proposed rule
monitoring procedures are also included authority to implement this rule. In prior to the date that the Initial
in the proposed rule. These alternatives most cases, reports will be sent to State Notification is due, the two notifications
were selected to allow facilities to agencies. Addresses are provided in the could be combined. Bulk plant owners
utilize ongoing testing and monitoring General Provisions of 40 CFR part 63, or operators would, however, be
programs, or to expand programs in use subpart A. required to report, in a semiannual
at other facilities, rather than having to Records of reported information and compliance report, a failure to repair an
implement new programs. Facilities that other information necessary to identified equipment leak within the
would be required to conduct document compliance with the specified number of days. There would,
performance testing of control devices regulations are generally required to be however, be no other requirements for
may instead submit documentation that kept for 5 years. Records pertaining to routine semiannual compliance
their control devices are in compliance the design and operation of the control reporting for either bulk plants or
with the testing and monitoring and monitoring equipment must be kept gasoline dispensing facilities.
provisions of enforceable State or local for the life of the equipment.
Owners or operators of bulk gasoline 1. Initial Notification
standards that are equivalent in
stringency to the proposed rule. plants and, under Regulatory The proposed standards would
Performance tests that have been Alternative 2, gasoline dispensing require owners or operators to submit an
approved by State or local permitting facilities, would be subject to reduced Initial Notification. This report notifies
authorities may be submitted in lieu of reporting requirements because their the Agency of applicability for existing
a new performance test if they were only requirement under the proposed facilities or of construction for new
conducted within the 3 years preceding rule is submerged fill of storage tanks facilities as outlined in 40 CFR 63.5 (the
the effective date of the proposed rule. and cargo tanks and equipment leak General Provisions), whichever is
Operating parameter monitoring inspections at bulk plants. As discussed applicable. A respondent must also
programs approved by permitting earlier, most States already require report any facility reconstructions as
authorities may also be used in lieu of submerged filling at bulk plants and defined in 40 CFR 63.5. This report will
the development of new monitoring gasoline dispensing facilities, and as establish an early dialogue between the
programs for control devices. The much as 99 percent of the gasoline is source and the regulatory agency,
periodic bubble leak test for vapor delivered using this technology. allowing both to plan for compliance
tightness testing of railcar cargo tanks Additionally, confirming compliance activities. The notice is due within 120
(as allowed under the Major Source with the submerged fill requirement is days after the effective date of this
NESHAP) will also be allowed as an easily performed in the field. We proposed rule or within 120 days after
alternative to EPA Reference Method 27. estimate that approximately 260,000 the source becomes subject to the
gasoline dispensing facilities in Urban 1 relevant standard.
F. How did we select the proposed and Urban 2 areas and 4,400 bulk plants The Initial Notification must include
notification, recordkeeping, and in all counties nationwide currently a statement as to whether the source can
reporting requirements? utilize submerged filling of their storage achieve compliance by the specified
The notification, recordkeeping, and tanks and cargo tanks due to State or compliance date. If an existing source
reporting requirements of the proposed local regulations. As a means of anticipates a delay that is beyond its
standards were generally based on reducing the burden on these smaller control, it is important for the owner or
requirements found in other Federal facilities, we are proposing that bulk operator to discuss the problem with the
standards, including the General plants and gasoline dispensing facilities regulatory authority as early as possible.
Provisions, as well as State rules. These located in States that require submerged This report will also include a
requirements were selected because filling of storage tanks and cargo tanks description of the parameter monitoring
they meet the needs of EPA or the not be required to submit an Initial system intended to be used in
conjunction with the vapor processing storage vessels in accordance with 40 as a function of being the subject of
system. Pursuant to section 112(i)(3)(B) CFR 63.11095(a). today’s proposed NESHAP; however, if
of the CAA, the proposed standards they were otherwise required to obtain
4. Other Reports
contain provisions for a 1-year title V permits, such requirement(s)
compliance extension to be granted by There are also a limited number of would not be affected by today’s
the Administrator on a case-by-case other, non-routine reports required proposed exemption.
basis. under the General Provisions. For Consistent with the statute, EPA has
example, notification before a found that compliance with title V
2. Notification of Compliance Status performance test or a storage vessel permitting is ‘‘unnecessarily
The Notification of Compliance Status inspection is required to allow the burdensome’’ for gasoline distribution
would be submitted no later than 60 regulatory authority the opportunity to area sources. EPA’s inquiry into
days after the facility’s initial have an observer present (as specified in whether this criterion was satisfied was
compliance demonstration. It contains the General Provisions). This type of based primarily upon consideration of
the information necessary to reporting must be done separately from the following four factors: (1) Whether
demonstrate that compliance has been the periodic reports because some title V would result in significant
achieved, such as the results of the situations require a shorter term improvements to the compliance
initial performance test on vapor response from the reviewing authority. requirements that we are proposing for
processing systems. The submission of Reports of start of construction, this area source category; (2) whether
the performance test report will allow anticipated and actual startup dates, and title V permitting would impose a
the regulatory authority to verify that modifications, as required under 40 CFR significant burden on gasoline
the source has followed the correct 63.5 and 63.9, are entered into the distribution area sources; (3) whether
sampling and analytical procedures, and Agency’s Aerometric Information the costs of title V permitting for
has performed all calculations correctly. Retrieval System (AIRS) and are used to gasoline distribution area sources would
Included in the performance test report determine whether emission limits are be justified, taking into consideration
would be the calculation of the being met. any potential gains in compliance likely
operating parameter value for the Records required under the proposed to occur for such sources; and (4)
selected operating parameter to be standards are generally required to be whether there are implementation and
monitored in the vapor processing kept for 5 years. General recordkeeping enforcement programs in place that are
system. The notification must include requirements are contained in 40 CFR sufficient for assuring compliance with
the data and rationale to support this 63.10(b). These requirements include this NESHAP without relying on title V
parameter value as ensuring continuous records of malfunctions and permits.
compliance with the emission limit. maintenance performed on the vapor Additionally, EPA also considered
processing system and the parameter whether exempting gasoline distribution
3. Periodic Reports monitoring system. At bulk gasoline area sources would adversely affect
Periodic reports are required to ensure terminals, vapor tightness (annual test) public health, welfare or the
that the standards continue to be met documentation for each gasoline cargo environment. We first determined the
and that all equipment is operated and tank loading at the terminal is required. extent to which these factors were
maintained properly. Generally, Continuous monitoring data from the present for this area source category. We
periodic reports would be submitted parameter monitor on the vapor then determined whether those factors
semiannually. However, the processor will provide a record of collectively demonstrated that
Administrator may request that the continuous compliance with the compliance with title V requirements
owner or operator submit more frequent emission standard. Records of storage would be unnecessarily burdensome for
reports if more frequent reporting is vessel inspections, operating plans, and gasoline distribution area sources.
necessary to accurately assess the other details of controlled storage In our consideration of these factors
compliance status of the source. vessels at terminals and pipeline we believe the addition of title V
The semiannual compliance report stations are to be kept as specified under permitting would not result in
would include a summary of the results either 40 CFR 60.115b or 40 CFR significant improvements to the
of the continuous parameter monitoring, 63.1065, depending on the compliance compliance requirements that we are
storage tank inspections, and equipment option chosen. proposing for this area source category.
leak inspections. An excess emissions We believe we are proposing proper
report would also be submitted along G. How did we decide to exempt levels of testing, monitoring, reporting,
with the semiannual report, if gasoline distribution area sources from and recordkeeping, thus ensuring
applicable. Excess emissions events the CAA title V permit requirements? continuous compliance. As discussed
would include deviations from the Section 502(a) of the CAA provides earlier in this section, the proposed
established reference values used for that EPA may exempt one or more area levels of testing and monitoring are
continuous parameter monitoring. For sources from the requirements of title V based on the current levels of testing
loading racks, each loading of a gasoline if EPA finds that compliance with such and monitoring required by many years
cargo tank for which vapor tightness requirements is ‘‘impracticable, of rule implementation under Federal,
documentation had not been previously infeasible, or unnecessarily State, local, and tribal agencies for these
obtained by the facility would also be burdensome’’ on such area sources. EPA emission sources. We are unaware of
considered a reportable excess must determine whether to exempt an any additional compliance procedures,
emissions event. area source from title V at the time we in or outside the title V program, which
Owners and operators are also issue the relevant CAA section 112
would improve the assurance of

required to keep records of monthly standard (40 CFR 70.3(b)(2)). We are significantly more gains in compliance
equipment leak inspections, and to proposing in today’s action to exempt and emission reductions.
furnish reports on inspection results, as gasoline distribution area sources from We also believe that title V permitting
specified in 40 CFR 63.11095(a)(3). the requirements of title V. Gasoline may impose a significant burden on
Facilities must also retain records and distribution area sources would not be facilities within this source category,
submit reports of annual inspections of required to obtain title V permits solely some of which are small businesses. For
many facilities, the cost of obtaining a additional time to develop an On March 29, 2006, EPA proposed (71
title V permit may far exceed the cost of understanding of the requirements of FR 15804) additional controls on
complying with this proposed rule the proposed rule and to develop and gasoline, passenger vehicles, and
without significant gains in compliance. implement a plan of action to comply. portable gasoline containers under the
In addition, because most of the Although the estimated costs for these Mobile Source Air Toxics (MSAT)
facilities that are subject to this facilities to comply with the Program. The proposed MSAT rule
proposed rule are already subject to requirements is considered reasonable, would require that the benzene content
State or local rules with the same or it may take longer for them to plan for of gasoline be reduced by about 37
similar control requirements, the or arrange the funding for purchasing percent overall by January 1, 2011.
implementation and enforcement and installing control equipment. For Taking into account the lower benzene
programs in place are sufficient for these reasons, we concluded that a 3- content of gasoline that is estimated to
assuring compliance with this NESHAP year compliance period was reasonable result from the implementation of the
without relying on title V permits. for these smaller facilities. We request MSAT rule (if the rule is finalized as
Based on the above analysis, we comment on the appropriateness of proposed), baseline emissions of HAP
conclude that title V permitting would extending the proposed timeframe to the and benzene from this source category
be ‘‘unnecessarily burdensome’’ for full 3-year period for an existing source in 2011 would be about 35,145 tons and
gasoline distribution area sources. We to comply with this area source rule. 820 tons, respectively. Regulatory
are therefore proposing that this area Alternative 1 is estimated to achieve a
source category be exempt from title V V. Summary of Environmental, Energy,
HAP reduction of 3,260 tons per year
permitting requirements. Cost, and Economic Impacts
(rather than the 3,300 presented earlier)
As discussed earlier, gasoline and a benzene reduction of 77 tons per
H. How did we determine the distribution activities are carried out at
compliance date for existing facilities? year (rather than 120 tons) if the MSAT
several different types of facilities. rule is finalized as proposed. Regulatory
Section 112(i)(3)(A) of the CAA These include bulk terminals, pipeline Alternative 2 is estimated to achieve a
directs EPA to establish compliance breakout stations, pipeline pumping HAP reduction of 3,360 tons per year
dates for existing sources that provide stations, bulk plants, and gasoline (rather than the 3,400 presented earlier)
for compliance as expeditiously as dispensing facilities. Our analysis of the and a benzene reduction of 80 tons per
practicable, but in no event later than 3 gasoline distribution industry led us to year (rather than 125 tons) if the MSAT
years after the effective date of a estimate that there were approximately rule is finalized as proposed.
standard. We are proposing in today’s the following numbers of potentially We project that any adverse air
action a compliance date for existing affected area sources within each type of impacts associated with this proposed
facilities of 3 years after promulgation of facility: 980 bulk terminals, 400 rule will be insignificant. The only
the final rule. See 40 CFR 63.11083. pipeline breakout stations, 1,800 control technology utilized to meet the
Our selection of a 3-year compliance pipeline pumping stations, 390 bulk requirements in the proposed rule that
period was based on several factors. plants, and 1,900 gasoline dispensing would lead to adverse air impacts is the
First, for storage tanks and loading racks facilities. The following paragraphs use of thermal oxidizers to control
at bulk terminals and for storage tanks present our estimates of the impacts that gasoline vapors. These devices typically
at pipeline breakout stations, the 3-year this proposed rule would have on these use natural gas as a supplemental fuel
period is consistent with the facilities. to achieve the required minimum
requirements found in the Major Source temperatures in the combustion
NESHAP. Because today’s proposed rule A. What are the air impacts?
chamber. Emissions from these devices
would control the same types of Nationwide, gasoline distribution include the products of combustion
emission sources as the Major Source facilities emit annually an estimated created by the combustion of natural gas
NESHAP, we concluded that it was 475,000 tons of VOC and 35,500 tons of and gasoline vapors. There are,
reasonable to allow the same HAP (including 1,300 tons of benzene). however, alternative control
compliance period. Some facilities As discussed earlier, emissions of EDC technologies, such as carbon adsorbers,
affected by today’s proposed rule will be have already been eliminated from this that do not rely on combustion for
required to install control equipment to source category. If we select Regulatory control of the gasoline vapors. Carbon
comply with the rule. The amount of Alternative 1 as the final standard, we adsorption devices recover gasoline
time necessary to plan, purchase, and estimate that, after the alternative is vapors and provide a cost benefit from
install storage tank rim seals or loading implemented, annual HAP emissions the recovered product.
rack vapor collection and control will be reduced by 3,300 tons, which The alternatives being proposed today
devices is expected to be significant. includes 120 tons of benzene, from would reduce benzene emissions in this
Also, because the area source facilities 3,300 facilities. The alternative will also source category by 120 and 125 tons
covered by today’s proposed rule are reduce VOC emissions by 45,000 tons annually (about a 9 and 10 percent
smaller than the facilities covered by the per year. This represents about a 9 reduction from current total emissions),
Major Source NESHAP, requiring a percent reduction in emissions of these respectively, from Regulatory
shorter compliance period did not pollutants, compared to the baseline. If Alternatives 1 and 2. Using national
appear reasonable. we select Regulatory Alternative 2 as the data from all stationary benzene
We are also proposing a 3-year final standard, we estimate that, after emission sources in the 1999 National
compliance period for the submerged the alternative is implemented, annual Air Toxic Assessment (NATA) and
fill requirements at bulk plants and at HAP emissions will be reduced by 3,400 ratioing them to the national benzene
gasoline dispensing facilities in urban tons, which includes 125 tons of
emissions from this source category, we

areas. These are typically small facilities benzene, from 5,200 facilities. The approximate that this proposal will
and many of them meet the definition alternative will also reduce VOC reduce incidences of cancer from
of a small business entity. These smaller emissions by 46,200 tons per year, benzene exposure by 0.037 and 0.039
facilities do not typically have which represents about a 10 percent cases per year, respectively, from
environmental or legal expertise on staff reduction in emissions of these Regulatory Alternatives 1 and 2.
and would, therefore, often need pollutants, compared to the baseline. Regulatory Alternative 3 reduces about
20 percent of current benzene emissions C. What are the economic impacts? systems. The installation of these
from these sources, resulting in a This proposal affects area sources devices would have a small negative
reduction of incidences of cancer from from pipeline transportation, bulk energy impact. We believe, however,
benzene exposure by 0.08 cases per stations and terminals, local and long- that there will be very few, if any, new
year. These approximations are haul trucking, and gasoline stations installations of these control devices as
considered a very rough estimate which make up the gasoline distribution a result of this proposed rule. Also,
because no exposure analysis was industry. We performed an economic because the liquid being controlled by
performed for this source category and impact analysis with methodology these systems is gasoline, and some of
the 1999 NATA data should be used based on a single-market partial- the applied control measures would
cautiously, as the overall quality and equilibrium analysis of the national keep this fuel in the distribution system,
uncertainties of the NATA results will gasoline market. The analysis estimates they would have a positive impact on
vary from location to location as well as changes in gas prices and outputs for this form of energy. We estimate that
from pollutant to pollutant. In addition, affected sources under the three this proposed rule would prevent a total
EPA’s Scientific Advisory Board has regulatory alternatives discussed above. of approximately 14.3, 14.7, and 30
cautioned the Agency against using the The results of our analysis are as million gallons of gasoline from being
results of the NATA assessment for follows. The compliance cost results in lost to evaporation annually for
regulatory purposes. Further an insignificant increase in gasoline Regulatory Alternatives 1, 2, and 3,
information on the limitations of NATA prices for each alternative: 0.01 percent respectively.
is discussed at the following Web site: increase in price for Regulatory VI. Statutory and Executive Order
http://www.epa.gov/ttn/atw/nata1999/ Alternatives 1 and 2, 0.02 percent Reviews
index.html. increase in price for Regulatory
Alternative 3. Given the small increase A. Executive Order 12866: Regulatory
B. What are the cost impacts? Planning and Review
in prices, the corresponding reductions
The cost of implementing the in gasoline output are minor for each Under Executive Order 12866 (58 FR
proposed standards for gasoline alternative: -0.002 percent for 51735, October 4, 1993), this action is a
distribution area source facilities would Regulatory Alternatives 1 and 2, -0.003 ‘‘significant regulatory action.’’ The
include the capital and annualized costs percent for Regulatory Alternative 3. Executive Order defines ‘‘significant
to control storage tanks, loading racks, The overall total annual social costs/ regulatory action’’ as one that is likely
and equipment leaks, as well as the gains, which reflect changes in to result in a rule that may ‘‘raise novel
costs of complying with the testing, consumer and producer behavior in legal or policy issues arising out of legal
monitoring, reporting, and response to the compliance costs, are $6 mandates, the President’s priorities, or
recordkeeping requirements. The million in gains for Regulatory the principles set forth in the Executive
proposed standards are estimated to Alternatives 1 and 2, and a $32 million Order.’’ Accordingly, EPA submitted
result in capital expenditures of cost for Regulatory Alternative 3. The this action to OMB for review under
approximately $60 million for net gains for Regulatory Alternatives 1 Executive Order 12866 and any changes
Regulatory Alternative 1 and $65 and 2 are the result of surplus increases made in response to OMB
million for Regulatory Alternative 2. from fuel savings valued at $40 to $41 recommendations have been
The annualized cost 3 of the capital million. documented in the docket for this
For more information, please refer to action.
expenditures is estimated to be about
the Economic Impact Analysis report
$7.1 million for Regulatory Alternative B. Paperwork Reduction Act
that is in the public docket for this rule.
1 and $7.6 million for Regulatory The information collection
Alternative 2. Annual operating and D. What are the non-air environmental requirements in this proposed rule have
maintenance costs are estimated at and energy impacts? been submitted for approval to OMB
about $3.6 million, for each of the Water quality would not be affected under the Paperwork Reduction Act, 44
alternatives. We have estimated the by implementation of this proposed U.S.C. 3501, et seq. An Information
annual costs of testing, monitoring, rule. This proposed rule does not Collection Request (ICR) document has
reporting, and recordkeeping to be about contain any requirements related to been prepared by EPA has been
$23 million for Regulatory Alternative 1 water discharges, wastewater collection, assigned EPA ICR number 2237.01. A
and $24 million for Regulatory or spill containment, and no additional copy may be obtained from Susan Auby,
Alternative 2. Because of the value 4 of gasoline is expected to enter these areas Collection Strategies Division (2822T),
the product that is either recovered or as a result of this proposed rule. EPA, 1200 Pennsylvania Avenue, NW.,
prevented from evaporating, however, We also project that there will be no Washington, DC 20460, or by calling
we estimate that the annualized cost of significant solid waste impact. Neither (202) 566–1672. A copy may also be
the proposed standards is a credit of thermal oxidizers nor condensers downloaded from the public docket for
about $6 million for both alternatives generate any solid waste as a by-product this action (Docket ID number EPA–
($47,000 incremental annualized cost of their operation. When carbon HQ–OAR–2006–0406), which can be
between Regulatory Alternatives 1 and adsorption systems are used, the spent found in http://www.regulations.gov.
2). activated carbon that cannot be further The information to be collected for
regenerated may be disposed of in a the area source rule proposed today are
3 Capital is annualized over 10 years for loading
landfill, which would contribute a small based on notification, recordkeeping,
rack equipment, 15 years for submerged fill
amount of solid waste. and reporting requirements in the
equipment, and 20 years for storage tank

equipment. We used a discount rate of 10 percent The control devices used to control NESHAP General Provisions in 40 CFR
for this analysis, and when evaluating public emissions from loading racks and some part 63, subpart A, which are mandatory
comments we will update the final analysis by storage tanks use electric motor-driven for all operators subject to national
using the current economic practice discount rate
of 7 percent. blowers, dampers, or pumps, depending emission standards. These
4 The recovered product value we used in this on the type of system, in addition to recordkeeping and reporting
analysis is $1.70 per gallon for wholesale gasoline. electronic control and monitoring requirements are specifically authorized
by section 114 of the CAA (42 U.S.C. requirements; train personnel to be able [except waste], local and long-distance),
7414). All information submitted to the to respond to a collection of and less than $8.0 million in revenue
EPA pursuant to the recordkeeping and information; search data sources; (NAICS 447190, Other Gasoline
reporting requirements for which a complete and review the collection of Stations), and fewer than 100 employees
claim of confidentiality is made is information; and transmit or otherwise (NAICS 424710, Petroleum Bulk
safeguarded according to EPA policies disclose the information. Stations and Terminals), and 1,500
set forth in 40 CFR part 2, subpart B. An agency may not conduct or employees (NAICS 486910, Pipeline
The proposed rule would require sponsor, and a person is not required to Transportation of Refined Petroleum
performance testing of control devices respond to a collection of information, Products) based on the Small Business
used to control emissions from loading unless it displays a currently valid OMB Administration size standards; (2) a
racks at bulk terminals and from some control number. The OMB control small governmental jurisdiction that is a
storage tanks at bulk terminals and numbers for EPA’s regulations in 40 government of a city, county, town,
pipeline breakout stations; annual CFR are listed in 40 CFR part 9 and 48 school district or special district with a
inspections of storage tanks at bulk CFR chapter 15. population of less than 50,000; and (3)
terminals and pipeline breakout To comment on the Agency’s need for a small organization that is any not-for-
stations; collection of cargo tank vapor this information, the accuracy of the profit enterprise which is independently
tightness documentation by bulk provided burden estimates, and any owned and operated and is not
terminals; and monthly equipment leak suggested methods for minimizing dominant in its field. Under these
inspections at bulk terminals, pipeline respondent burden, including through definitions, approximately 60,000
breakout stations, pipeline pumping the use of automated collection gasoline distribution firms are
stations, and bulk plants. The proposed techniques, EPA has established a considered small entities. For more
rule would not require any notifications public docket for this proposed rule, information, refer to http://
or reports beyond those required by the which includes this ICR, under Docket www.sba.gov/size/sizetable2002.html.
General Provisions. The recordkeeping ID number EPA–HQ–OAR–2006–0406, The economic impacts of the regulatory
requirements require only the specific which can be found in alternatives are analyzed based on the
information needed to determine www.regulations.gov. Submit any consumption of gasoline. However, for
compliance. We have taken steps, as comments related to the ICR for this the small business impact analysis,
described in section IV.F of this proposed rule to EPA and OMB. See these impacts are described in terms of
preamble, to minimize the reporting and ADDRESSES section at the beginning of comparing the compliance costs to sales
recordkeeping requirements for the this notice for where to submit revenues for representative entities. For
smaller facilities (bulk plants and comments to EPA. Send comments to more detail, see the current Economic
gasoline dispensing facilities) that are OMB at the Office of Information and Impact Analysis in the public docket.
affected by the proposed rule. Regulatory Affairs, Office of After considering the economic
The annual monitoring, reporting, and Management and Budget, 725 17th St., impacts of this proposed rule on small
recordkeeping burden to affected NW., Washington, DC 20503, Attention: entities, I certify that the proposed rule
sources for this collection (averaged Desk Office for EPA. Since OMB is will not have a significant economic
over the first 3 years after the effective required to make a decision concerning impact on a substantial number of small
date of the promulgated rule) is the ICR between 30 and 60 days after entities. This certification is based on
estimated to be about 204,100 labor November 9, 2006, a comment to OMB the economic impact of the proposed
hours per year, with a total annual cost is best assured of having its full effect rule to affected small entities in the
of $13.4 million per year. Most of this if OMB receives it by December 11, entire gasoline distribution industry.
burden will be spread over 2006. The final rule will respond to any The small entities directly regulated by
approximately 11,160 facilities that will OMB or public comments on the the proposed rule are industries within
be required to keep records and file information collection requirements the NAICS codes 424710, 447110,
reports. Of this total burden, however, contained in this proposal. 447190, 484220, and 484230. We have
about 84,240 labor hours (and $5.7 determined that Pipeline Transportation
million) will be incurred by 1,560 of the C. Regulatory Flexibility Act
of Refined Petroleum Products (NAICS
larger facilities (bulk terminals and The Regulatory Flexibility Act (RFA) 486910) does not contain any small
pipeline breakout stations). Depending generally requires an agency to prepare business entities and, therefore, is not
on the facility type, these estimates a regulatory flexibility analysis of any included in the small business impact
include two one-time notifications, a rule subject to notice and comment analysis. For the regulatory alternatives
one-time performance test and report for rulemaking requirements under the analyzed, all gasoline distribution
control devices, periodic equipment Administrative Procedure Act or any industry categories that contain small
inspections, and semiannual other statute unless the agency certifies business entities are expected to have an
compliance reporting. that the rule will not have a significant average annual cost to sales ratio of less
Burden means the total time, effort, or economic impact on a substantial than 1 percent with cost impacts for all
financial resources expended by persons number of small entities. Small entities regulated small entities ranging from a
to generate, maintain, retain, or disclose include small businesses, small cost savings to less than 0.12 percent of
or provide information to or for a organizations, and small governmental sales. In addition, no other adverse
Federal agency. This includes the time jurisdictions. impacts are expected to occur to these
needed to review instructions; develop, For the purposes of assessing the affected small businesses.
acquire, install, and utilize technology impacts of this proposed rule on small Cost impacts associated with these
and systems for the purposes of entities, small entity is defined as: (1) A
proposed standards for area sources are

collecting, validating, and verifying small business whose parent company presented in Section V.B of this
information, processing and has less than $25 million in revenue preamble. For more information on the
maintaining information, and disclosing (NAICS 447110, Gasoline Stations with small entity economic impacts
and providing information; adjust the Convenience Stores), less than $23.5 associated with the proposed decisions
existing ways to comply with any million in revenue (NAICS 484220 and for gasoline distribution industries
previously applicable instructions and 484230, Hazardous Materials Trucking affected by today’s action, please refer to
the Economic Impact and Small under section 203 of the UMRA a small Indian Tribal Governments’’ (65 FR
Business Analyses in the public docket. government agency plan. The plan must 67249, November 9, 2000), requires EPA
Although the proposed rule would provide for notifying potentially to develop an accountable process to
not have a significant economic impact affected small governments, enabling ensure ‘‘meaningful and timely input by
on a substantial number of small officials of affected small governments tribal officials in the development of
entities, we nonetheless tried to reduce to have meaningful and timely input in regulatory policies that have tribal
the impact of the proposed rule on small the development of regulatory proposals implications.’’ ‘‘Policies that have tribal
entities. When developing the with significant Federal implications’’ is defined in the
regulatory alternatives, we took special intergovernmental mandates, and Executive Order to include regulations
steps to ensure that the burdens informing, educating, and advising that have ‘‘substantial direct effects on
imposed on small entities were small governments on compliance with one or more Indian tribes, on the
minimal. We conducted meetings with the regulatory requirements. relationship between the Federal
industry officials to discuss regulatory We have determined that the options government and the Indian tribes, or on
options and the corresponding burden considered in this proposed rule do not the distribution of power and
on industry, such as recordkeeping and contain a Federal mandate that may responsibilities between the Federal
reporting. result in expenditures of $100 million or government and Indian tribes.’’
Following publication of the proposed more to State, local, and tribal This proposed rule does not have
rule, copies of the Federal Register governments in the aggregate, or to the tribal implications, as specified in
notice and, in some cases, background private sector in any 1 year. Thus, this Executive Order 13175. It will not have
documents, will be publicly available proposed rule is not subject to the substantial direct effects on tribal
(see Docket in the ADDRESSES section of requirements of sections 202 and 205 of governments, on the relationship
this preamble) to all industries, the UMRA. Additionally, for the same between the Federal Government and
organizations, and trade associations reason as above for all governments, we Indian tribes, or on the distribution of
that have had input during the believe the options considered in this power and responsibilities between the
regulation development, as well as State proposed rule do not contain Federal Government and Indian tribes.
and local agencies. We continue to be requirements that might significantly or Thus, Executive Order 13175 does not
interested in the potential impacts of the uniquely affect small governments. apply to this proposed rule.
proposed rule on small entities and
welcome comments on issues related to E. Executive Order 13132: Federalism EPA specifically solicits additional
such impacts. Executive Order 13132, entitled comment on this proposed rule from
‘‘Federalism’’ (64 FR 43255, August 10, tribal officials.
D. Unfunded Mandates Reform Act
1999), requires EPA to develop an G. Executive Order 13045: Protection of
Title II of the Unfunded Mandates accountable process to ensure Children From Environmental Health
Reform Act of 1995 (UMRA), Public ‘‘meaningful and timely input by State and Safety Risks
Law 104–4, establishes requirements for and local officials in the development of
Federal agencies to assess the effects of regulatory policies that have federalism Executive Order 13045 (62 FR 19885,
their regulatory actions on State, local, implications.’’ ‘‘Policies that have April 23, 1997) applies to any rule that:
and tribal governments and the private federalism implications’’ is defined in (1) Is determined to be ‘‘economically
sector. Under section 202 of the UMRA, the Executive Order to include significant’’ as defined under Executive
EPA generally must prepare a written regulations that have ‘‘substantial direct Order 12866, and (2) concerns an
statement, including a cost-benefit effects on the States, on the relationship environmental health or safety risk that
analysis, for proposed and final rules between the national government and EPA has reason to believe may have a
with ‘‘Federal mandates’’ that may the States, or on the distribution of disproportionate effect on children. If
result in expenditures to State, local, power and responsibilities among the the regulatory action meets both criteria,
and tribal governments, in the aggregate, various levels of government.’’ we must evaluate the environmental
or by the private sector, of $100 million This proposed rule does not have health or safety effects of the planned
or more in any 1 year. Before federalism implications. It will not have rule on children and explain why the
promulgating an EPA rule for which a substantial direct effects on the States, planned regulation is preferable to other
written statement is needed, section 205 on the relationship between the national potentially effective and reasonably
of the UMRA generally requires us to government and the States, or on the feasible alternatives considered by the
identify and consider a reasonable distribution of power and Agency.
number of regulatory alternatives and responsibilities among the various We interpret Executive Order 13045
adopt the least costly, most cost- levels of government, as specified in as applying only to those regulatory
effective, or least burdensome Executive Order 13132. Thus, the actions that are based on health or safety
alternative that achieves the objectives requirements of the Executive Order do risks, such that the analysis required
of the rule. The provisions of section not apply to this proposed rule. under section 5–501 of the Executive
205 do not apply when they are In the spirit of Executive Order 13132 Order has the potential to influence the
inconsistent with applicable law. and consistent with EPA policy to regulation. This proposed rule is not
Moreover, section 205 allows us to promote communications between EPA subject to Executive Order 13045
adopt an alternative other than the least and State and local governments, EPA because it is based on technology
costly, most cost-effective, or least specifically solicits comment on this performance and not on health or safety
burdensome alternative if the proposed rule from State and local risks. No children’s risk analysis was
Administrator publishes with the final performed because no alternative
officials.
rule an explanation why that alternative technologies exist that would provide
was not adopted. Before we established F. Executive Order 13175: Consultation greater stringency at a reasonable cost.
any regulatory requirements that may and Coordination With Indian Tribal Furthermore, this proposed rule has
significantly or uniquely affect small Governments been determined not to be
governments, including tribal Executive Order 13175, entitled ‘‘economically significant’’ as defined
governments, we must have developed ‘‘Consultation and Coordination with under Executive Order 12866.
H. Executive Order 13211: Actions That Subpart BBBBBB—National Emission Tables to Subpart BBBBBB of Part 63
Significantly Affect Energy Supply, Standards for Hazardous Air Pollutants for Table 1 to Subpart BBBBBB of Part 63—
Distribution, or Use Source Category: Gasoline Distribution Applicability Criteria, Emission Limits, and
Bulk Terminals, Bulk Plants, Pipeline Work Practice Standards for Storage Tanks
This proposed rule is not an Facilities, and Gasoline Dispensing
economically significant energy action Facilities Table 2 to Subpart BBBBBB of Part 63—
as defined in Executive Order 13211 (66 Applicability Criteria, Emission Limits, and
FR 28355, May 22, 2001) because it is What This Subpart Covers Work Practice Standards for Loading Racks
not likely to have a significant adverse Sec. Table 3 to Subpart BBBBBB of Part 63—
effect on the supply, distribution, or use 63.11080 What is the purpose of this Applicability of General Provisions
of energy. Further, we have concluded subpart?
that this proposed rule is not likely to 63.11081 Am I subject to the requirements Subpart BBBBBB—National Emission
have any adverse energy impacts. in this subpart? Standards for Hazardous Air Pollutants
63.11082 What parts of my affected source for Source Category: Gasoline
I. National Technology Transfer does this subpart cover? Distribution Bulk Terminals, Bulk
Advancement Act 63.11083 When do I have to comply with Plants, Pipeline Facilities, and
Section 12(d) of the National this subpart? Gasoline Dispensing Facilities
Technology Transfer and Advancement
Emission Limitations, Operating Limits, and What This Subpart Covers
Act of 1995 (NTTAA), Public Law No.
Work Practice Standards
104–113, 12(d) (15 U.S.C. 272 note) § 63.11080 What is the purpose of this
directs EPA to use voluntary consensus 63.11085 What requirements must I meet if subpart?
standards (VCS) in its regulatory my facility is a gasoline dispensing
facility? This subpart establishes national
activities unless to do so would be
63.11086 What requirements must I meet if emission limitations, work practice
inconsistent with applicable law or
my facility is a bulk gasoline plant? standards, and equipment inspection
otherwise impractical. VCS are
63.11087 What requirements must I meet requirements for organic hazardous air
technical standards (e.g., materials
for gasoline storage tanks if my facility pollutants (HAP) emitted from area
specifications, test methods, sampling
is a bulk gasoline terminal, pipeline source gasoline distribution facilities.
procedures, and business practices) that
breakout station, or pipeline pumping This subpart also establishes
are developed or adopted by VCS
station? requirements to demonstrate
bodies. The NTTAA directs EPA to
63.11088 What requirements must I meet compliance with the emission
provide Congress, through OMB,
for gasoline loading racks if my facility limitations, work practice standards,
explanations when the Agency decides
is a bulk gasoline terminal, pipeline and equipment inspection requirements.
not to use available and applicable VCS.
This proposed rule does not include breakout station, or pipeline pumping
station? § 63.11081 Am I subject to the
any test methods that have not requirements in this subpart?
63.11089 What requirements must I meet
undergone the NTTAA review during (a) The affected source to which this
for equipment leak inspections if my
the development of the NESHAP for subpart applies is each bulk gasoline
facility is a bulk gasoline terminal,
gasoline distribution (Stage I). During terminal, pipeline breakout station,
pipeline breakout station, or pipeline
the development of amendments to the pipeline pumping station, bulk gasoline
pumping station?
NESHAP in 2005 we incorporated by plant, and gasoline dispensing facility
reference an industry standard test Testing and Monitoring Requirements
identified in paragraphs (a)(1) through
method for detecting vapor leaks in 63.11092 What testing requirements must I (5) of this section. You are subject to the
railcar cargo tanks. This method was meet? requirements in this subpart if you own
found to be an acceptable alternative to or operate one or more of the affected
EPA Reference Method 27. No other Notification, Reports, and Records
area sources identified in paragraphs
VCS have been identified that are 63.11093 What notifications must I submit
(a)(1) through (5) of this section.
applicable to this proposed rule. and when?
63.11094 What are my recordkeeping (1) A bulk gasoline terminal that is
List of Subjects for 40 CFR Part 63 requirements? not subject to the control requirements
Environmental protection, 63.11095 What are my reporting of 40 CFR part 63, subpart R (§§ 63.422,
Administrative practice and procedures, requirements? 63.423, and 63.424) or 40 CFR part 63,
Air pollution control, Intergovernmental subpart CC (§§ 63.646, 63.648, 63.649,
Other Requirements and Information and 63.650).
relations, Reporting and recordkeeping
requirements. 63.11098 What parts of the General (2) A pipeline breakout station that is
Dated: October 31, 2006.
Provisions apply to me? not subject to the control requirements
63.11099 Who implements and enforces of 40 CFR part 63, subpart R (§§ 63.423
Stephen L. Johnson,
this subpart? and 63.424) of this part.
Administrator. 63.11100 What definitions apply to this (3) A pipeline pumping station.
For the reasons set out in the subpart?
preamble, title 40, chapter I, part 63 of (4) A bulk gasoline plant.
the Code of Federal Regulations is (5) A gasoline dispensing facility
proposed to be amended as follows: located in an Urban 1 or Urban 2 area.
(b) If you are an owner or operator of
PART 63—[AMENDED] affected sources in (a)(1) through (5) of
1. The authority citation for part 63 this section, you are not required to
continues to read as follows: meet the obligation to obtain a permit
under 40 CFR part 70 or 40 CFR part 71,
Authority: 42 U.S.C. 7401, et seq. provided you are not otherwise required
2. Part 63 is amended by adding a to obtain a permit under 40 CFR 70.3(a)
new subpart BBBBBB to read as follows: or 40 CFR part 71.3(a).
§ 63.11082 What parts of my affected Emission Limitations, Operating Limits, Regional Office or the delegated State
source does this subpart cover? and Work Practice Standards authority by the compliance date
The emission sources to which this specified in § 63.11083. The notification
§ 63.11085 What requirements must I meet
subpart applies are gasoline storage of compliance status must be signed by
if my facility is a gasoline dispensing
tanks, gasoline loading racks, vapor facility? a responsible official who must certify
collection-equipped gasoline cargo its accuracy and must indicate whether
Each owner or operator of an affected
tanks, and equipment components in the source has complied with the
gasoline dispensing facility, as defined
vapor or liquid gasoline service that requirements of this subpart. If your
in § 63.11100, must comply with the
meet the criteria specified in Tables 1 requirements of paragraphs (a) through facility is in compliance with the
through 3 to this subpart. (g) of this section, but is not required to requirements of this subpart at the time
comply with § 63.11086, § 63.11087, the initial notification required under
§ 63.11083 When do I have to comply with § 63.11088, or § 63.11089. paragraph (d) of this section is due, the
this subpart? (a) You must utilize submerged notification of compliance status may be
filling, as defined in § 63.11100, for the submitted in lieu of the initial
(a) If you have a new or reconstructed
loading of gasoline into storage tanks at notification provided it contains the
affected source, you must comply with
your facility. information required under paragraph
this subpart according to paragraphs
(b) The emission sources listed in (d) of this section.
(a)(1) and (2) of this section. (f) You are not required to submit an
paragraphs (b)(1) and (2) of this section
(1) If you startup your affected source are not required to comply with the initial notification or a notification of
before [DATE OF PUBLICATION OF control requirements in this subpart. compliance status under paragraph (d)
THE FINAL RULE IN THE Federal (1) Gasoline storage tanks with a or paragraph (e) of this section if, prior
Register], you must comply with the capacity of less than 250 gallons. to [DATE OF PUBLICATION OF THE
standards in this subpart no later than (2) Gasoline storage tanks with a FINAL RULE IN THE Federal Register],
[DATE OF PUBLICATION OF THE capacity of less than 550 gallons that are you are meeting a submerged fill (as
FINAL RULE IN THE Federal Register]. used exclusively for fueling implements defined in § 63.11100) requirement
(2) If you start up your affected source of husbandry. under an enforceable State, local, or
after [DATE OF PUBLICATION OF THE (c) You must not allow gasoline to be tribal rule or permit.
FINAL RULE IN THE Federal Register], handled in a manner that would result (g) You must comply with the
you must comply with the standards in in vapor releases to the atmosphere for requirements of this subpart by the
this subpart upon startup of your extended periods of time. Measures to applicable dates specified in § 63.11083.
affected source. be taken include, but are not limited to,
§ 63.11086 What requirements must I meet
the following:
(b) If you have an existing affected if my facility is a bulk gasoline plant?
(1) Minimize gasoline spills;
source, you must comply with the (2) Clean up spills as expeditiously as Each owner or operator of an affected
standards in this subpart no later than practicable; bulk gasoline plant, as defined in
[DATE 3 YEARS AFTER DATE OF (3) Cover all open gasoline containers § 63.11100, must comply with the
PUBLICATION OF THE FINAL RULE with a gasketed seal when not in use; requirements of paragraphs (a) through
IN THE Federal Register]. (4) Minimize gasoline sent to open (i) of this section, but is not required to
(c) If a county where your gasoline waste collection systems that collect comply with § 63.11085, § 63.11087, or
dispensing facility resides is reclassified and transport gasoline to reclamation § 63.11088.
and recycling devices, such as oil/water (a) Except as specified in paragraph
from rural to urban, you must comply
separators. (b) of this section, you must utilize
with the standards in this subpart as
(d) You must submit an initial submerged filling, as defined in
specified in paragraphs (c)(1) through
notification that you are subject to this § 63.11100, for the loading of gasoline
(3) of this section.
subpart by [DATE 120 DAYS AFTER into storage tanks at your facility.
(1) If your facility is an existing DATE OF PUBLICATION OF THE (b) The emission sources listed in
facility as of the date your county is FINAL RULE IN THE Federal Register] paragraphs (b)(1) and (2) of this section
reclassified, you must comply with the unless you meet the requirements in are not required to comply with the
standards in this subpart no later than paragraph (f) of this section. The initial control requirements in this subpart.
3 years after the date of reclassification. notification must contain the (1) Gasoline storage tanks with a
(2) If you commence construction or information specified in paragraphs capacity of less than 250 gallons.
reconstruction of your gasoline (d)(1) through (3) of this section. The (2) Gasoline storage tanks with a
dispensing facility on or after the date notification must be submitted to the capacity of less than 550 gallons that are
of reclassification, and you start up your applicable EPA Regional Office, as used exclusively for fueling implements
gasoline dispensing facility before the listed in § 63.13, or the delegated State of husbandry.
authority. (c) You must utilize submerged
reclassification, you must comply with
(1) The name and address of the filling, as defined in § 63.11100, for the
the standards in this subpart no later
owner and the operator. loading of gasoline into gasoline cargo
than the date of publication of
(2) The address (i.e., physical tanks at your facility.
reclassification.
location) of the gasoline dispensing (d) You must perform a monthly leak
(3) If you commence construction or facility. inspection of all equipment in gasoline
reconstruction of your gasoline (3) A statement that the notification is service according to the requirements
dispensing facility on or after the date
being submitted in response to 40 CFR specified in § 63.11089(a) through (f).

of reclassification, and you start up your part 63, subpart BBBBBB and (e) You must not allow gasoline to be
gasoline dispensing facility after the identifying whether or not the handled in a manner that would result
date of reclassification, you must requirements in paragraphs (a), (b), and in vapor releases to the atmosphere for
comply with the standards in this (c) of this section apply to you. extended periods of time. Measures to
subpart upon startup of your gasoline (e) You must submit a notification of be taken include, but are not limited to,
dispensing facility. compliance status to the applicable EPA the following:
(1) Minimize gasoline spills; (i) You must comply with the gasoline into cargo tanks that are vapor
(2) Clean up spills as expeditiously as requirements of this subpart by the tight, and you are in compliance with
practicable; applicable dates specified in § 63.11083. all applicable provisions of the
(3) Cover all open gasoline containers (j) You must keep applicable records regulation or your operating permit, you
with a gasketed seal when not in use; and submit reports as specified in will be considered to be in compliance
(4) Minimize gasoline sent to open § 63.11094(d) and (e) and with paragraph (b) of this section,
waste collection systems that collect § 63.11095(b)(4). provided that you verify the appropriate
and transport gasoline to reclamation documentation of vapor tightness
and recycling devices, such as oil/water § 63.11087 What requirements must I meet
for gasoline storage tanks if my facility is
testing prior to the loading of the cargo
separators. tank. The appropriate documentation
(f) You must submit an initial a bulk gasoline terminal, pipeline breakout
station, or pipeline pumping station? may be in the form of a sticker placed
notification that you are subject to this on the cargo tank, a copy of the vapor
subpart by [DATE 120 DAYS AFTER (a) You must meet each emission limit
and work practice standard in Table 1 tightness testing results carried on board
DATE OF PUBLICATION OF THE the cargo tank, or other procedures
FINAL RULE IN THE Federal Register] to this subpart that applies to your
gasoline storage tank. approved by the State, local, or tribal
unless you meet the requirements in agency.
paragraph (h) of this section. The initial (b) You must comply with the
requirements of this subpart by the (d) As an alternative for railcar cargo
notification must contain the tanks to the requirements specified in
information specified in paragraphs applicable dates specified in § 63.11083,
except that storage vessels for which § 60.502(h) and (i), you may comply
(f)(1) through (4) of this section. The with the requirements specified in
notification must be submitted to the construction, reconstruction, or
modification commenced before July 23, § 63.422(e).
applicable EPA Regional Office, as (e) You must comply with the
listed in § 63.13, or the delegated State 1984, and storage vessels equipped with
floating roofs, must be in compliance at requirements of this subpart by the
authority. applicable dates specified in § 63.11083.
(1) The name and address of the the first degassing and cleaning activity
after [DATE 3 YEARS AFTER DATE OF (f) You must comply with the
owner and the operator. applicable testing and monitoring
(2) The address (i.e., physical PUBLICATION OF THE FINAL RULE
IN THE Federal Register], or by [DATE requirements specified in § 63.11092.
location) of the bulk plant. (g) You must submit the applicable
(3) A statement that the notification is 10 YEARS AFTER DATE OF
PUBLICATION OF THE FINAL RULE notifications as required under
being submitted in response to subpart
IN THE Federal Register], whichever is § 63.11093.
BBBBBB and identifying the (h) You must keep records and submit
requirements in paragraphs (a), (b), (c), first.
(c) You must comply with the reports as specified in §§ 63.11094 and
(d), and (e) of this section that apply to 63.11095.
you. applicable testing and monitoring
(4) A brief description of the bulk requirements specified in § 63.11092(e). § 63.11089 What requirements must I meet
plant, including the number of storage (d) You must submit the applicable for equipment leak inspections if my facility
tanks in gasoline service, the capacity of notifications as required under is a bulk gasoline terminal, pipeline
each storage tank in gasoline service, § 63.11093. breakout station, or pipeline pumping
and the average monthly gasoline (e) You must keep records and submit station?
throughput at the affected source. reports as specified in §§ 63.11094 and (a) Each owner or operator of a bulk
(g) You must submit a notification of 63.11095. gasoline terminal, bulk plant, pipeline
compliance status to the applicable EPA (f) If your gasoline storage tank is also breakout station, or pipeline pumping
Regional Office or the delegated State subject to the control requirements of 40 station subject to the provisions of this
authority by the compliance date CFR part 60, subpart Kb (§§ 60.110b subpart shall perform a monthly leak
specified in § 63.11083. The notification through 60.117b) of this chapter, you inspection of all equipment in gasoline
of compliance status must be signed by must comply only with the provisions service, as defined in § 63.11100. For
a responsible official who must certify of subpart Kb. this inspection, detection methods
its accuracy and must indicate whether § 63.11088 What requirements must I meet incorporating sight, sound, and smell
the source has complied with the for gasoline loading racks if my facility is are acceptable.
requirements of this subpart. If your a bulk gasoline terminal, pipeline breakout (b) A log book shall be used and shall
facility is in compliance with the station, or pipeline pumping station? be signed by the owner or operator at
requirements of this subpart at the time (a) You must meet the emission limit the completion of each inspection. A
the initial notification required under and work practice standard in Table 2 section of the log book shall contain a
paragraph (f) of this section is due, the to this subpart. list, summary description, or diagram(s)
notification of compliance status may be (b) Except as provided in paragraph showing the location of all equipment in
submitted in lieu of the initial (c) of this section, you must limit the gasoline service at the facility.
notification provided it contains the loadings of gasoline into gasoline cargo (c) Each detection of a liquid or vapor
information required under paragraph tanks that are vapor-tight using the leak shall be recorded in the log book.
(f) of this section. procedures specified in § 60.502(e) When a leak is detected, an initial
(h) You are not required to submit an through (j). For the purposes of this attempt at repair shall be made as soon
initial notification or a notification of section, the term ‘‘tank truck’’ as used as practicable, but no later than 5
compliance status under paragraph (f) or in § 60.502(e) through (j) means ‘‘cargo calendar days after the leak is detected.
(g) of this section if, prior to [DATE OF Repair or replacement of leaking
tank’’ as defined in § 63.11100.

PUBLICATION OF THE FINAL RULE (c) As an alternative to the equipment shall be completed within 15
IN THE Federal Register], you are requirements of paragraph (b) of this calendar days after detection of each
meeting a submerged fill (as defined in section, if your gasoline loading rack is leak, except as provided in paragraph
§ 63.11100) requirement under an required under a regulation or an (d) of this section.
enforceable State, local, or tribal rule or operating permit issued by a State, local, (d) Delay of repair of leaking
permit. or tribal agency to limit the loadings of equipment will be allowed upon a
demonstration to the Administrator that (4) The performance test requirements through (iii) of this section will be
repair within 15 days is not feasible. of § 63.11092(a) do not apply to flares allowed upon demonstrating to the
The owner or operator shall provide the defined in § 63.11100 and meeting the Administrator’s satisfaction that the
reason(s) a delay is needed and the date flare requirements in § 63.11(b). The alternative parameter demonstrates
by which each repair is expected to be owner or operator shall demonstrate continuous compliance with the
completed. that the flare and associated vapor emission standard in § 63.11088(a).
(e) As an alternative to compliance collection system is in compliance with (2) Where a flare meeting the
with the provisions in paragraphs (a) the requirements in § 63.11(b) and requirements in § 63.11(b) is used, a
through (d) of this section, owners or § 60.503(a), (b), and (d), respectively. heat-sensing device, such as an
operators may implement an instrument (b) For each performance test ultraviolet beam sensor or a
leak monitoring program that has been conducted under paragraph (a)(1) of this thermocouple, must be installed in
demonstrated to the Administrator as at section, the owner or operator shall proximity to the pilot light to indicate
least equivalent. determine a monitored operating the presence of a flame.
(f) You must comply with the parameter value for the vapor (3) Determine an operating parameter
requirements of this subpart by the processing system using the procedures value based on the parameter data
applicable dates specified in § 63.11083. specified in paragraphs (b)(1) through monitored during the performance test,
(g) You must submit the applicable (5) of this section. supplemented by engineering
notifications as required under (1) Each owner or operator of a bulk assessments and the manufacturer’s
§ 63.11093. gasoline terminal subject to the recommendations.
(h) You must keep records and submit provisions of this subpart shall install, (4) Provide for the Administrator’s
reports as specified in §§ 63.11094 and calibrate, certify, operate, and maintain, approval the rationale for the selected
63.11095. according to the manufacturer’s operating parameter value, monitoring
specifications, a continuous monitoring frequency, and averaging time,
Testing and Monitoring Requirements system (CMS) while gasoline vapors are including data and calculations used to
displaced to the vapor processor develop the value and a description of
§ 63.11092 What testing and monitoring
requirements must I meet? systems specified in paragraphs (b)(1)(i) why the value, monitoring frequency,
through (iv) of this section. During the and averaging time demonstrate
(a) Each owner or operator subject to continuous compliance with the
performance test, continuously record
the emission standard in § 63.11088 for emission standard in § 63.11088(a).
the operating parameter as specified
gasoline loading racks must comply (5) If you have chosen to comply with
under paragraphs (b)(1)(i) through (iv) of
with the requirements in paragraphs (a) the performance testing alternatives
this section.
through (d) of this section. (i) Where a carbon adsorption system provided under paragraphs (a)(2) or
(1) Conduct a performance test on the is used, a continuous emission (a)(3) of this section, the monitored
vapor processing and collection systems monitoring system (CEMS) capable of operating parameter value may be
according to either paragraph (a)(1)(i) or measuring organic compound determined according to the provisions
paragraph (a)(1)(ii) of this section. concentration shall be installed in the in paragraphs (b)(5)(i) or (b)(5)(ii) of this
(i) Use the test methods and exhaust air stream. section.
procedures in § 60.503 of this chapter, (ii) Where a refrigeration condenser (i) Monitor an operating parameter
except a reading of 500 parts per million system is used, a continuous parameter that has been approved by the
shall be used to determine the level of monitoring system (CPMS) capable of permitting authority and is specified in
leaks to be repaired under § 60.503(b), measuring temperature shall be your facility’s current enforceable
or installed immediately downstream from operating permit. At the time that the
(ii) Use alternative test methods and the outlet to the condenser section. permitting authority requires a new
procedures in accordance with the Alternatively, a CEMS capable of performance test, you must determine
alternative test method requirements in measuring organic compound the monitored operating parameter
§ 63.7(f). concentration may be installed in the value according to the requirements
(2) If your gasoline loading rack has exhaust air stream. specified in paragraph (b) of this
been permitted by a State or local (iii) Where a thermal oxidation system section.
agency to meet an emission limit of 80 other than a flare is used, the owner or (ii) Determine an operating parameter
milligrams, or less, per liter of gasoline operator shall monitor the operation of value based on engineering assessment
loaded (mg/l) and you are in compliance the system as specified in paragraphs and the manufacturer’s recommendation
with all applicable provisions of your (b)(1)(iii)(A) or (B) of this section. and submit the information specified in
operating permit, a statement by a (A) A CPMS capable of measuring paragraph (b)(4) of this section for
responsible official of your facility temperature shall be installed in the approval by the permitting authority. At
certifying the compliance status may be firebox or in the ductwork immediately the time that the permitting authority
submitted in lieu of the test required downstream from the firebox in a requires a new performance test, you
under paragraph (a)(1) of this section. position before any substantial heat must determine the monitored operating
(3) If you have conducted exchange occurs. parameter value according to the
performance testing on the vapor (B) The presence of a thermal requirements specified in paragraph (b)
processing and collection systems oxidation system pilot flame shall be of this section.
within 3 years prior to [DATE OF monitored using a heat-sensing device, (c) For performance tests performed
PUBLICATION OF THE FINAL RULE such as an ultraviolet beam sensor or a after the initial test required under
IN THE Federal Register], you may
thermocouple, installed in proximity to paragraph (a) of this section, the owner

submit the results of such testing in lieu the pilot light to indicate the presence or operator shall document the reasons
of the test required under paragraph of a flame. for any change in the operating
(a)(1) of this section, provided the (iv) Monitoring an alternative parameter value since the previous
testing was conducted using the test operating parameter or a parameter of a performance test.
methods and procedures in § 60.503 of vapor processing system other than (d) Each owner or operator of a bulk
this chapter. those listed in paragraphs (b)(1)(i) gasoline terminal subject to the
provisions of this subpart shall operate vacuum changes (D p, D v) for all § 63.9(e), prior to initiating testing
the vapor processing system in a affected gasoline cargo tanks is 3 inches required by § 63.11092(a) or (b).
manner not to exceed or not to go of water, or less, in 5 minutes. (d) Each owner or operator of any
below, as appropriate, the operating (2) Railcar bubble leak test affected source under this subpart must
parameter value for the parameters procedures. As an alternative to the submit additional notifications specified
described in paragraph (b)(1) of this annual certification test required under in § 63.9, as applicable.
section. In cases where an alternative paragraph (1) of this section for
§ 63.11094 What are my recordkeeping
parameter pursuant to paragraphs certification leakage testing of gasoline requirements?
(b)(1)(iv) or paragraph (b)(5) of this cargo tanks, the owner or operator may
section is approved, each owner or (a) Each owner or operator of a bulk
comply with paragraphs (f)(2)(i) and (ii)
operator shall operate the vapor gasoline terminal or pipeline breakout
of this section for railcar cargo tanks,
processing system in a manner not to station whose storage vessels are subject
provided the railcar cargo tank meets to the provisions of this subpart shall
exceed or not to go below, as the requirement in paragraph (f)(2)(iii)
appropriate, the alternative operating keep records as specified in § 60.115b of
of this section. this chapter if you are complying with
parameter value. Operation of the vapor (i) Comply with the requirements of
processing system in a manner options i, ii, or iii in Table 1, except
49 CFR 173.31(d), 49 CFR 179.7, 49 CFR records shall be kept for at least 5 years.
exceeding or going below the operating 180.509, and 49 CFR 180.511 for the
parameter value shall constitute a If you are complying with the
periodic testing of railcar cargo tanks. requirements of option iv in Table 1,
violation of the emission standard in (ii) The leakage pressure test
§ 63.11088(a). you shall keep records as specified in
procedure required under 49 CFR § 63.1065.
(e) Each owner or operator subject to 180.509(j) and used to show no
the emission standard in § 63.11087 for (b) Each owner or operator of a bulk
indication of leakage under 49 CFR gasoline terminal subject to the
gasoline storage tanks shall comply with 180.511(f) shall be ASTM E 515–95, BS
the requirements in paragraphs (e)(1) provisions of this subpart shall keep
EN 1593:1999, or another bubble leak records of the test results for each
through (3) of this section. test procedure meeting the requirements
(1) If your gasoline storage tank is gasoline cargo tank loading at the
in 49 CFR 179.7, 49 CFR 180.505, and facility as specified in paragraphs (b)(1)
equipped with an internal floating roof, 49 CFR 180.509.
you must perform inspections of the and (3) of this section.
(iii) The alternative requirements in (1) Annual certification testing
floating roof system according to the this paragraph (f)(2) may not be used for
requirements of § 60.113b(a) if you are performed under § 63.11092(f)(1) and
any railcar cargo tank that collects periodic railcar bubble leak testing
complying with option ii in Table 1, or gasoline vapors from a vapor balance
according to the requirements of performed under § 63.11092(f)(2).
system permitted under or required by (2) The documentation file shall be
§ 63.1063(c)(1) if you are complying
a Federal, State, local, or tribal agency. kept up-to-date for each gasoline cargo
with option iv in Table 1.
A vapor balance system is a piping and tank loading at the facility. The
(2) If your gasoline storage tank is
equipped with an external floating roof, collection system designed to collect documentation for each test shall
you must perform inspections of the gasoline vapors displaced from a storage include, as a minimum, the following
floating roof system according to the vessel, barge, or other container being information:
loaded, and routes the displaced (i) Name of test: Annual Certification
requirements of § 60.113b(b) if you are
gasoline vapors into the railcar cargo Test—Method 27 or Periodic Railcar
complying with option iii in Table 1, or
tank from which liquid gasoline is being Bubble Leak Test Procedure.
according to the requirements of (ii) Cargo tank owner’s name and
§ 63.1063(c)(2) if you are complying unloaded.
address.
with option iv in Table 1. Notifications, Reports, and Records (iii) Cargo tank identification number.
(3) If your gasoline storage tank is (iv) Test location and date.
equipped with a closed vent system and § 63.11093 What notifications must I
submit and when?
(v) Tester name and signature.
control device, you must conduct a (vi) Witnessing inspector, if any:
performance test and determine a (a) Each owner or operator of an Name, signature, and affiliation.
monitored operating parameter value in affected source under this subpart must (vii) Vapor tightness repair: Nature of
accordance with the requirements in submit an Initial Notification as repair work and when performed in
paragraphs (a) through (d) of this specified in § 63.9(b). If your facility is relation to vapor tightness testing.
section, except that the applicable level in compliance with the requirements of (viii) Test results: Test pressure;
of control specified in paragraph (a)(2) this subpart at the time the Initial pressure or vacuum change, mm of
of this section shall be a 95 percent Notification is due, the Notification of water; time period of test; number of
reduction in inlet TOC levels rather Compliance Status required under leaks found with instrument; and leak
than 80 mg/l of gasoline loaded. paragraph (b) of this section may be definition.
(f) The annual certification test for submitted in lieu of the Initial (3) If you are complying with the
gasoline cargo tanks shall consist of the Notification. alternative requirements in
test methods specified in paragraphs (b) Each owner or operator of an § 63.11088(d), you must keep records
(f)(1) or (f)(2) of this section. affected source under this subpart must documenting that you have verified the
(1) Method 27, appendix A, 40 CFR submit a Notification of Compliance vapor tightness testing according to the
part 60. Conduct the test using a time Status as specified in § 63.9(h). The requirements of the permitting
period (t) for the pressure and vacuum Notification of Compliance Status must authority.
tests of 5 minutes. The initial pressure specify which of the alternative (c) As an alternative to keeping
(Pi) for the pressure test shall be 460 compliance options included in Table 1 records at the terminal of each gasoline
millimeters (mm) of water (18 inches of is used to comply with this subpart. cargo tank test result as required in
water), gauge. The initial vacuum (Vi) (c) Each owner or operator of an paragraph (b) of this section, an owner
for the vacuum test shall be 150 mm of affected bulk gasoline terminal under or operator may comply with the
water (6 inches of water), gauge. The this subpart must submit a Notification requirements in either paragraph (c)(1)
maximum allowable pressure and of Performance Test, as specified in or paragraph (c)(2) of this section.
(1) An electronic copy of each record monitoring data required under requirements of this subpart shall
is instantly available at the terminal. § 63.11092(b) or § 63.11092(e). This submit an excess emissions report to the
(i) The copy of each record in record shall indicate the time intervals Administrator at the time the
paragraph (c)(1) of this section is an during which loadings of gasoline cargo semiannual compliance report is
exact duplicate image of the original tanks have occurred or, alternatively, submitted. Excess emissions events
paper record with certifying signatures. shall record the operating parameter under this subpart, and the information
(ii) The permitting authority is data only during such loadings. The to be included in the excess emissions
notified in writing that each terminal date and time of day shall also be report, are specified in paragraphs (b)(1)
using this alternative is in compliance indicated at reasonable intervals on this through (4) of this section.
with paragraph (c)(1) of this section. record. (1) Each instance of a non-vapor-tight
(2) For facilities that utilize a terminal (2) Record and report simultaneously gasoline cargo tank loading at the
automation system to prevent gasoline with the notification of compliance facility in which the owner or operator
cargo tanks that do not have valid cargo status required under § 63.11093(b): failed to take steps to assure that such
tank vapor tightness documentation (i) All data and calculations, cargo tank would not be reloaded at the
from loading (e.g., via a card lock-out engineering assessments, and facility before vapor tightness
system), a copy of the documentation is manufacturer’s recommendations used documentation for that cargo tank was
made available (e.g., via facsimile) for in determining the operating parameter obtained.
inspection by permitting authority value under § 63.11092(b) or (2) Each reloading of a non-vapor-
representatives during the course of a § 63.11092(e); and tight gasoline cargo tank at the facility
site visit, or within a mutually agreeable (ii) The following information when before vapor tightness documentation
time frame. using a flare under provisions of for that cargo tank is obtained by the
(i) The copy of each record in § 63.11(b) to comply with § 63.11087(a):
paragraph (c)(2) of this section is an facility in accordance with
(A) Flare design (i.e., steam-assisted, § 63.11094(b).
exact duplicate image of the original air-assisted, or non-assisted); and
paper record with certifying signatures. (3) Each exceedance or failure to
(B) All visible emissions readings, maintain, as appropriate, the monitored
(ii) The permitting authority is heat content determinations, flow rate
notified in writing that each terminal operating parameter value determined
measurements, and exit velocity under § 63.11092(b). The report shall
using this alternative is in compliance determinations made during the
with paragraph (c)(2) of this section. include the monitoring data for the days
compliance determination required on which exceedances or failures to
(d) Each owner or operator subject to
under § 63.11092(e)(3). maintain have occurred, and a
the equipment leak provisions of (3) If an owner or operator requests
§ 63.11089 shall prepare and maintain a description and timing of the steps
approval to use a vapor processing taken to repair or perform maintenance
record describing the types, system or monitor an operating
identification numbers, and locations of on the vapor collection and processing
parameter other than those specified in systems or the CMS.
all equipment in gasoline service. For
§ 63.11092(b), the owner or operator (4) For each occurrence of an
facilities electing to implement an
shall submit a description of planned equipment leak for which no repair
instrument program under
reporting and recordkeeping attempt was made within 5 days or for
§ 63.11089(e), the record shall contain a
procedures. The Administrator will which repair was not completed within
full description of the program.
(e) Each owner or operator of an specify appropriate reporting and 15 days after detection:
affected source subject to equipment recordkeeping requirements as part of
(i) The date on which the leak was
leak inspections under § 63.11089 shall the review of the permit application.
detected;
record in the log book for each leak that § 63.11095 What are my reporting (ii) The date of each attempt to repair
is detected the information specified in requirements? the leak;
paragraphs (e)(1) through (7) of this (a) Each owner or operator of a bulk (iii) The reasons for the delay of
section. terminal, pipeline breakout station, or repair; and
(1) The equipment type and pipeline pumping station subject to the (iv) The date of successful repair.
identification number. control requirements of this subpart
(2) The nature of the leak (i.e., vapor Other Requirements and Information
shall include in a semiannual
or liquid) and the method of detection
compliance report to the Administrator § 63.11098 What parts of the General
(i.e., sight, sound, or smell). Provisions apply to me?
(3) The date the leak was detected and the following information, as applicable:
(1) For storage vessels, if you are Table 3 to this subpart shows which
the date of each attempt to repair the
leak. complying with options i, ii, or iii in parts of the General Provisions apply to
(4) Repair methods applied in each Table 1, the information specified in you.
attempt to repair the leak. § 60.115b(a), § 60.115b(b), or
§ 60.115b(c) of this chapter, depending § 63.11099 Who implements and enforces
(5) ‘‘Repair delayed’’ and the reason this subpart?
for the delay if the leak is not repaired upon the control equipment installed;
within 15 calendar days after discovery or, if you are complying with option iv (a) This subpart can be implemented
of the leak. in Table 1, the information specified in and enforced by the U.S. EPA or a
(6) The expected date of successful § 63.1066. delegated authority such as the
repair of the leak if the leak is not (2) For loading racks, each loading of applicable State, local, or tribal agency.
repaired within 15 days. a gasoline cargo tank for which vapor If the U.S. EPA Administrator has
delegated authority to a State, local, or
(7) The date of successful repair of the tightness documentation had not been
leak. previously obtained by the facility. Tribal agency, then that agency, in
(f) Each owner or operator of a bulk (3) For equipment leak inspections, addition to the U.S. EPA, has the
gasoline terminal subject to the the number of equipment leaks not authority to implement and enforce this
provisions of this subpart shall: repaired within 15 days after detection. subpart. Contact the applicable U.S.
(1) Keep an up-to-date, readily (b) Each owner or operator of an EPA Regional Office to find out if
accessible record of the continuous affected source subject to the control implementation and enforcement of this
subpart is delegated to a State, local, or gallons per day. Gasoline throughput maintained continuously by itself or in
tribal agency. shall be the maximum calculated design combination with one or more other
(b) In delegating implementation and throughput as may be limited by operating parameter values, determines
enforcement authority of this subpart to compliance with an enforceable that an owner or operator has complied
a State, local, or tribal agency under condition under Federal, State or local with the applicable emission standard.
subpart E of this part, the authorities law and discoverable by the The operating parameter value is
specified in paragraph (c) of this section Administrator and any other person. determined using the procedures
are retained by the Administrator of Bulk gasoline terminal means any specified in § 63.11092(b).
U.S. EPA and cannot be transferred to gasoline storage and distribution facility Pipeline breakout station means a
the State, local, or tribal agency. which receives gasoline by pipeline, facility along a pipeline containing
(c) The authorities that cannot be ship or barge, or cargo tank and has a storage vessels used to relieve surges or
delegated to State, local, or tribal gasoline throughput of 20,000 gallons receive and store gasoline from the
agencies are as specified in paragraphs per day or greater. Gasoline throughput pipeline for re-injection and continued
(c)(1) through (4) of this section. shall be the maximum calculated design transportation by pipeline or to other
(1) Approval of alternatives to the throughput as may be limited by facilities.
requirements in §§ 63.11085 through compliance with an enforceable
63.11097. Any owner or operator condition under Federal, State or local Pipeline pumping station means a
requesting to use an alternative means law and discoverable by the facility along a pipeline containing
of emission limitation for storage vessels Administrator and any other person. pumps to maintain the desired pressure
in Table 1 must follow either the Flare means a thermal oxidation and flow of product through the
provisions in § 60.114b of this chapter if system using an open (without pipeline and not containing storage
you are complying with options i, ii, or enclosure) flame. vessels.
iii in Table 1, or the provisions in Gasoline cargo tank means a delivery Submerged filling means the filling of
§ 63.1064 if you are complying with tank truck or railcar which is loading a gasoline cargo tank or a stationary
option iv in Table 1. gasoline or which has loaded gasoline storage tank through a submerged fill
(2) Approval of major alternatives to on the immediately previous load. pipe whose discharge is no more than
test methods under § 63.7(e)(2)(ii) and Gasoline dispensing facility means 6 inches from the bottom of the tank.
(f), as defined in § 63.90, and as required any stationary facility which dispenses Bottom filling of gasoline cargo tanks or
in this subpart. gasoline directly into the fuel tank of a storage tanks is included in this
(3) Approval of major alternatives to motor vehicle. definition.
monitoring under § 63.8(f), as defined in In gasoline service means that a piece Urban means all territory, population,
§ 63.90, and as required in this subpart. of equipment is used in a system that
and housing units in urbanized areas
(4) Approval of major alternatives to transfers gasoline or gasoline vapors.
and in places of more than 2,500
recordkeeping and reporting under Metropolitan statistical area (MSA)
means a geographic entity defined by persons outside of UA. ‘‘Urban’’
§ 63.10(f), as defined in § 63.90, and as classification cuts across other
required in this subpart. the Federal Office of Management and
Budget for use by Federal statistical hierarchies and can be in metropolitan
§ 63.11100 What definitions apply to this agencies, based on the concept of a core or non-metropolitan areas.
subpart? area with a large population nucleus, Urban 1 areas means counties that are
As used in this subpart, all terms not plus adjacent communities having a part of an MSA with a population
defined herein shall have the meaning high degree of economic and social greater than 250,000, based on the 1990
given them in the Clean Air Act (CAA); integration with that core. Qualification and the most current U.S. Census
in subparts A, K, Ka, Kb, WW, and XX of an MSA requires the presence of a Bureau statistical decennial census data.
of part 60 of this chapter; or in subparts city with 50,000 or more inhabitants, or Urban 2 areas means counties where
A and R of this part. All terms defined the presence of an Urbanized Area (UA) more than 50 percent of the population
in both subpart A of part 60 of this and a total population of at least is classified by the U.S. Census Bureau
chapter and subparts A and R of this 100,000 (75,000 in New England). The as urban, based on the 1990 and the
part shall have the meaning given in county or counties containing the most current U.S. Census Bureau
subparts A and R of this part. For largest city and surrounding densely statistical decennial census data.
purposes of this subpart, definitions in settled territory are central counties of Urbanized area (UA) means an area
this section supersede definitions in the MSA. Additional outlying counties consisting of a central place(s) and
other parts or subparts. qualify to be included in the MSA by adjacent territory with a general
Administrator means the meeting certain other criteria of population density of at least 1,000
Administrator of the United States metropolitan character, such as a people per square mile of land area that
Environmental Protection Agency or his specified minimum population density together have a minimum residential
or her authorized representative (e.g., a or percentage of the population that is population of at least 50,000 people.
State that has been delegated the urban. MSA in New England are defined Vapor collection-equipped gasoline
authority to implement the provisions of in terms of minor civil divisions, cargo tank means a gasoline cargo tank
this subpart). following rules concerning commuting that is outfitted with the equipment
Bulk gasoline plant means any and population density. necessary to transfer vapors, displaced
gasoline storage and distribution facility Operating parameter value means a
during the loading of gasoline into the
which receives gasoline by pipeline, value for an operating or emission
cargo tank, to a vapor processor system.
ship or barge, or cargo tank and has a parameter of the vapor processing
gasoline throughput of less than 20,000 system (e.g., temperature) which, if Tables to Subpart BBBBBB of Part 63
TABLE 1.—TO SUBPART BBBBBB OF PART 63—APPLICABILITY CRITERIA, EMISSION LIMITS, AND WORK PRACTICE
STANDARDS FOR STORAGE TANKS
If you own or operate And if Then you must
A gasoline storage tank with a capacity of Your storage tank is not subject to the control i. Reduce emissions of total organic HAP or
greater than or equal to 75 cubic meters (m3). requirements of part 60, subpart Kb Total Organic Compounds (TOC) by 95
(§ 60.112b) of this chapter. weight-percent with a closed vent system
and control device as specified in
§ 60.112b(a)(3) of this chapter, or
ii. Equip each internal floating roof gasoline
storage tank according to the requirements
in § 60.112b(a)(1) of this chapter, except for
the requirements in § 60.112b(a)(1)(iv)
through (ix) of this chapter, or
iii. Equip each external floating roof gasoline
storage tank according to the requirements
in § 60.112b(a)(2) of this chapter, except
that the requirements of § 60.112b(a)(2)(ii)
of this chapter shall only be required if such
storage tank does not currently meet the re-
quirements of § 60.112b(a)(2)(i) of this
chapter, or
iv. Equip and operate each floating roof gaso-
line storage tank according to the require-
ments in § 63.1063(a)(1) and (b), and equip
each external floating roof gasoline storage
tank according to the requirements of
§ 63.1063(a)(2) if such storage tank does
not currently meet the requirements of
§ 63.1063(a)(1).
TABLE 2.—TO SUBPART BBBBBB OF PART 63—APPLICABILITY CRITERIA, EMISSION LIMITS, AND WORK PRACTICE
STANDARDS FOR LOADING RACKS
If you own or operate And if Then you must
A gasoline loading rack at a bulk gasoline ter- Your loading rack is not subject to the control i. Equip your loading rack with a vapor collec-
minal. requirements of part 60, subpart XX tion system designed to collect the TOC va-
(§ 60.502); part 63, subpart R (§ 63.422); or pors displaced from cargo tanks during
to an enforceable State, local, or tribal reg- product loading, and
ulation requiring that emissions from your ii. Reduce emissions of TOC to ≤80 milli-
loading operations be limited to ≤80 milligrams per liter of gasoline loaded into gas-
grams per liter of gasoline loaded into gasoline cargo tanks at the loading rack, and
oline cargo tanks at the loading rack. iii. Design and operate the vapor collection
system to prevent any TOC vapors col-
lected at one loading rack from passing to
another loading rack, and
iv. Limit the loading of gasoline into gasoline
cargo tanks that are vapor tight using the
procedures specified in § 63.11088(b)
through (d).
TABLE 3.—TO SUBPART BBBBBB OF PART 63—APPLICABILITY OF GENERAL PROVISIONS

Applies to subpart
Citation Subject Brief description BBBBBB
§ 63.1 ................................... Applicability ........................ Initial applicability determination; applicability after Yes, specific requirements
standard established; permit requirements; exten- given in § 63.11085.
sions, notifications.
63.1(c)(2) ............................. Title V permit ..................... Requirements for obtaining a title V permit from the Yes, § 63.11081(b) of sub-
applicable permitting authority. part BBBBBB exempts
some area sources from
the obligation to obtain
title V operating permits.
§ 63.2 ................................... Definitions .......................... Definitions for part 63 standards ................................... Yes, additional definitions
in § 63.11100.
§ 63.3 ................................... Units and Abbreviations .... Units and abbreviations for part 63 standards .............. Yes.
§ 63.4 ................................... Prohibited Activities and Prohibited activities; circumvention, severability ........... Yes.
Circumvention.
§ 63.5 ................................... Construction/Reconstruc- Applicability; applications; approvals ............................. Yes.
tion.
TABLE 3.—TO SUBPART BBBBBB OF PART 63—APPLICABILITY OF GENERAL PROVISIONS—Continued

Applies to subpart
§ 63.6(a) ............................... Compliance with Stand- GP apply unless compliance extension; General Provi- Yes.
ards/Operation & Mainte- sions apply to area sources that become major.
nance Applicability.
§ 63.6(b)(1)–(4) .................... Compliance Dates for New Standards apply at effective date; 3 years after effec- Yes.
and Reconstructed tive date; upon startup; 10 years after construction
Sources. or reconstruction commences for CAA section 112(f).
§ 63.6(b)(5) .......................... Notification ......................... Must notify if commenced construction or reconstruc- Yes.
tion after proposal.
§ 63.6(b)(6) .......................... [Reserved]
§ 63.6(b)(7) .......................... Compliance Dates for New Area sources that become major must comply with No.
and Reconstructed Area major source standards immediately upon becoming
Sources that Become major, regardless of whether required to comply
Major. when they were an area source.
§ 63.6(c)(1)–(2) .................... Compliance Dates for Ex- Comply according to date in this subpart, which must No, § 63.11083 specifies
isting Sources. be no later than 3 years after effective date; for the compliance dates.
CAA section 112(f) standards, comply within 90
days of effective date unless compliance extension.
§ 63.6(c)(3)–(4) .................... [Reserved]
§ 63.6(c)(5) ........................... Compliance Dates for Ex- Area sources that become major must comply with No.
isting Area Sources that major source standards by date indicated in this
Become Major. subpart or by equivalent time period (e.g., 3 years).
§ 63.6(d) ............................... [Reserved]
§ 63.6(e)(1) .......................... Operation & Maintenance Operate to minimize emissions at all times; correct Yes.
malfunctions as soon as practicable; and operation
and maintenance requirements independently en-
forceable; information Administrator will use to de-
termine if operation and maintenance requirements
were met.
§ 63.6(e)(2) .......................... [Reserved]
§ 63.6(e)(3) .......................... Startup, Shutdown, and Requirement for SSM plan; content of SSM plan; ac- No.
Malfunction (SSM) Plan. tions during SSM.
§ 63.6(f)(1) ........................... Compliance Except During You must comply with emission standards at all times No.
SSM. except during SSM.
§ 63.6(f)(2)–(3) ..................... Methods for Determining Compliance based on performance test, operation and Yes.
Compliance. maintenance plans, records, inspection.
§ 63.6(g)(1)–(3) .................... Alternative Standard .......... Procedures for getting an alternative standard ............. Yes.
§ 63.6(h)(1) .......................... Compliance with Opacity/ You must comply with opacity/VE standards at all No.
Visible Emission (VE) times except during SSM.
Standards.
§ 63.6(h)(2)(i) ....................... Determining Compliance If standard does not state test method, use EPA Meth- No.
with Opacity/VE Stand- od 9 for opacity in appendix A of part 60 of this
ards. chapter and EPA Method 22 for VE in appendix A
of part 60 of this chapter.
§ 63.6(h)(2)(ii) ...................... [Reserved]
§ 63.6(h)(2)(iii) ...................... Using Previous Tests to Criteria for when previous opacity/VE testing can be No.
Demonstrate Compli- used to show compliance with this subpart.
ance with Opacity/VE
Standards.
§ 63.6(h)(3) .......................... [Reserved]
§ 63.6(h)(4) .......................... Notification of Opacity/VE Must notify Administrator of anticipated date of obser- No.
Observation Date. vation.
§ 63.6(h)(5)(i), (iii)–(v) .......... Conducting Opacity/VE Dates and schedule for conducting opacity/VE obser- No.
Observations. vations.
§ 63.6(h)(5)(ii) ...................... Opacity Test Duration and Must have at least 3 hours of observation with thirty 6- No.
Averaging Times. minute averages.
§ 63.6(h)(6) .......................... Records of Conditions Dur- Must keep records available and allow Administrator No.
ing Opacity/VE Observa- to inspect.
tions.
§ 63.6(h)(7)(i) ....................... Report Continuous Opacity Must submit COMS data with other performance test No.
Monitoring System data.
(COMS) Monitoring Data
from Performance Test.

§ 63.6(h)(7)(ii) ...................... Using COMS Instead of Can submit COMS data instead of EPA Method 9 re- No.
EPA Method 9. sults even if rule requires EPA Method 9 in appen-
dix A of part 60 of this chapter, but must notify Ad-
ministrator before performance test.
§ 63.6(h)(7)(iii) ...................... Averaging Time for COMS To determine compliance, must reduce COMS data to No.
During Performance Test. 6-minute averages.

Applies to subpart
§ 63.6(h)(7)(iv) ..................... COMS Requirements ........ Owner/operator must demonstrate that COMS per- No.
formance evaluations are conducted according to
§ 63.8(e); COMS are properly maintained and oper-
ated according to § 63.8(c) and data quality as
§ 63.8(d).
§ 63.6(h)(7)(v) ...................... Determining Compliance COMS is probable but not conclusive evidence of No.
with Opacity/VE Stand- compliance with opacity standard, even if EPA
ards. Method 9 observation shows otherwise. Require-
ments for COMS to be probable evidence-proper
maintenance, meeting Performance Specification 1
in appendix B of part 60 of this chapter, and data
have not been altered.
§ 63.6(h)(8) .......................... Determining Compliance Administrator will use all COMS, EPA Method 9 (in No.
with Opacity/VE Stand- appendix A of part 60 of this chapter), and EPA
ards. Method 22 (in appendix A of part 60 of this chapter)
results, as well as information about operation and
maintenance to determine compliance.
§ 63.6(h)(9) .......................... Adjusted Opacity Standard Procedures for Administrator to adjust an opacity No.
standard.
§ 63.6(i)(1)–(14) ................... Compliance Extension ....... Procedures and criteria for Administrator to grant com- Yes.
pliance extension.
§ 63.6(j) ................................ Presidential Compliance President may exempt any source from requirement to Yes.
Exemption. comply with this subpart.
§ 63.7(a)(2) .......................... Performance Test Dates ... Dates for conducting initial performance testing; must Yes.
conduct 180 days after compliance date.
§ 63.7(a)(3) .......................... Section 114 Authority ........ Administrator may require a performance test under Yes.
CAA section 114 at any time.
§ 63.7(b)(1) .......................... Notification of Performance Must notify Administrator 60 days before the test ........ Yes.
Test.
§ 63.7(b)(2) .......................... Notification of Re-sched- If have to reschedule performance test, must notify Yes.
uling. Administrator of rescheduled date as soon as prac-
ticable and without delay.
§ 63.7(c) ............................... Quality Assurance (QA)/ Requirement to submit site-specific test plan 60 days Yes.
Test Plan. before the test or on date Administrator agrees with;
test plan approval procedures; performance audit
requirements; internal and external QA procedures
for testing.
§ 63.7(d) ............................... Testing Facilities ................ Requirements for testing facilities ................................. Yes.
§ 63.7(e)(1) .......................... Conditions for Conducting Performance tests must be conducted under rep- Yes.
Performance Tests. resentative conditions; cannot conduct performance
tests during SSM.
§ 63.7(e)(2) .......................... Conditions for Conducting Must conduct according to this subpart and EPA test Yes.
Performance Tests. methods unless Administrator approves alternative.
§ 63.7(e)(3) .......................... Test Run Duration ............. Must have three test runs of at least 1 hour each; Yes.
compliance is based on arithmetic mean of three
runs; conditions when data from an additional test
run can be used.
§ 63.7(f) ................................ Alternative Test Method .... Procedures by which Administrator can grant approval Yes.
to use an intermediate or major change, or alter-
native to a test method.
§ 63.7(g) ............................... Performance Test Data Must include raw data in performance test report; Yes.
Analysis. must submit performance test data 60 days after
end of test with the notification of compliance status;
keep data for 5 years.
§ 63.7(h) ............................... Waiver of Tests ................. Procedures for Administrator to waive performance Yes.
test.
§ 63.8(a)(1) .......................... Applicability of Monitoring Subject to all monitoring requirements in standard ...... Yes.
Requirements.
§ 63.8(a)(2) .......................... Performance Specifications Performance specifications in appendix B of 40 CFR Yes.
part 60 apply.
§ 63.8(a)(3) .......................... [Reserved]
§ 63.8(a)(4) .......................... Monitoring of Flares .......... Monitoring requirements for flares in § 63.11 apply ...... Yes.
§ 63.8(b)(1) .......................... Monitoring .......................... Must conduct monitoring according to standard unless Yes.
Administrator approves alternative.

Applies to subpart
§ 63.8(b)(2)–(3) .................... Multiple Effluents and Mul- Specific requirements for installing monitoring sys- Yes.
tiple Monitoring Systems. tems; must install on each affected source or after
combined with another affected source before it is
released to the atmosphere provided the monitoring
is sufficient to demonstrate compliance with the std;
if more than one monitoring system on an emission
point, must report all monitoring system results, un-
less one monitoring system is a backup.
§ 63.8(c)(1) ........................... Monitoring System Oper- Maintain monitoring system in a manner consistent Yes.
ation and Maintenance. with good air pollution control practices.
§ 63.8(c)(1)(i)–(iii) ................. Routine and Predictable Follow the SSM plan for routine repairs; keep parts for Yes.
SSM. routine repairs readily available; reporting require-
ments for SSM when action is described in SSM
plan.
§ 63.8(c)(2)–(8) .................... CMS Requirements ........... Must install to get representative emission or param- Yes.
eter measurements; must verify operational status
before or at performance test.
§ 63.8(d) ............................... CMS Quality Control ......... Requirements for CMS quality control, including cali- No.
bration, etc.; must keep quality control plan on
record for 5 years; keep old versions for 5 years
after revisions.
§ 63.8(e) ............................... CMS Performance Evalua- Notification, performance evaluation test plan, reports Yes.
tion.
§ 63.8(f)(1)–(5) ..................... Alternative Monitoring Procedures for Administrator to approve alternative Yes.
Method. monitoring.
§ 63.8(f)(6) ........................... Alternative to Relative Ac- Procedures for Administrator to approve alternative Yes.
curacy Test. relative accuracy tests for CEMS.
§ 63.8(g) ............................... Data Reduction .................. COMS 6-minute averages calculated over at least 36 Yes.
evenly spaced data points; CEMS 1 hour averages
computed over at least 4 equally spaced data
points; data that cannot be used in average.
§ 63.9(a) ............................... Notification Requirements Applicability and State delegation ................................. Yes.
§ 63.9(b)(1)–(2), (4)–(5) ....... Initial Notifications ............. Submit notification within 120 days after effective date; Yes.
notification of intent to construct/reconstruct, notifi-
cation of commencement of construction/reconstruc-
tion, notification of startup; contents of each.
§ 63.9(c) ............................... Request for Compliance Can request if cannot comply by date or if installed Yes.
Extension. best available control technology or lowest achiev-
able emission rate (BACT/LAER).
§ 63.9(d) ............................... Notification of Special For sources that commence construction between pro- Yes.
Compliance Require- posal and promulgation and want to comply 3 years
ments for New Sources. after effective date.
§ 63.9(e) ............................... Notification of Performance Notify Administrator 60 days prior ................................. Yes.
Test.
§ 63.9(f) ................................ Notification of VE/Opacity Notify Administrator 30 days prior ................................. No.
Test.
§ 63.9(g) ............................... Additional Notifications Notification of performance evaluation; notification Yes; however, there are no
When Using CMS. about use of COMS data; notification that exceeded opacity standards.
criterion for relative accuracy alternative.
§ 63.9(h)(1)–(6) .................... Notification of Compliance Contents due 60 days after end of performance test or Yes; however, there are no
Status. other compliance demonstration, except for opacity/ opacity standards.
VE, which are due 30 days after; when to submit to
Federal vs. State authority.
§ 63.9(i) ................................ Adjustment of Submittal Procedures for Administrator to approve change when Yes.
Deadlines. notifications must be submitted.
§ 63.9(j) ................................ Change in Previous Infor- Must submit within 15 days after the change ............... Yes.
mation.
§ 63.10(a) ............................. Record-keeping/Reporting Applies to all, unless compliance extension; when to Yes.
submit to Federal vs. State authority; procedures for
owners of more than one source.
§ 63.10(b)(1) ........................ Record-keeping/Reporting General requirements; keep all records readily avail- Yes.
able; keep for 5 years.
§ 63.10(b)(2)(i)–(iv) .............. Records Related to Start- Occurrence of each for operations (process equip- Yes.
up, Shutdown, and Mal- ment); occurrence of each malfunction of air pollu-
function. tion control equipment; maintenance on air pollution
control equipment; actions during SSM.
§ 63.10(b)(2)(vi)–(xi) ............ CMS Records .................... Malfunctions, inoperative, out-of-control periods .......... Yes.
§ 63.10(b)(2)(xii) ................... Records ............................. Records when under waiver ......................................... Yes.
§ 63.10(b)(2)(xiii) .................. Records ............................. Records when using alternative to relative accuracy Yes.
test.

Applies to subpart
§ 63.10(b)(2)(xiv) .................. Records ............................. All documentation supporting initial notification and no- Yes.
tification of compliance status.
§ 63.10(b)(3) ........................ Records ............................. Applicability determinations ........................................... Yes.
§ 63.10(c) ............................. Records ............................. Additional records for CMS ........................................... No.
§ 63.10(d)(1) ........................ General Reporting ............. Requirements Requirement to report ............................ Yes.
§ 63.10(d)(2) ........................ Report of Performance When to submit to Federal or State authority ............... Yes.
Test Results.
§ 63.10(d)(3) ........................ Reporting Opacity or VE What to report and when .............................................. No.
Observations.
§ 63.10(d)(4) ........................ Progress Reports .............. Must submit progress reports on schedule if under Yes.
compliance extension.
§ 63.10(d)(5) ........................ SSM Reports ..................... Contents and submission .............................................. Yes.
§ 63.10(e)(1)–(2) .................. Additional CMS Reports .... Must report results for each CEMS on a unit; written No.
copy of CMS performance evaluation; 2–3 copies of
COMS performance evaluation.
§ 63.10(e)(3)(i)–(iii) .............. Reports .............................. Schedule for reporting excess emissions ..................... Yes; note that § 63.11095
specifies excess emis-
sion events for this sub-
part.
§ 63.10(e)(3)(iv)–(v) ............. Excess Emissions Reports Requirement to revert to quarterly submission if there Yes, § 63.11095 specifies
is an excess emissions and parameter monitor excess emission events
exceedances (now defined as deviations); provision for this subpart.
to request semiannual reporting after compliance for
1 year; submit report by 30th day following end of
quarter or calendar half; if there has not been an
exceedance or excess emissions (now defined as
deviations), report contents in a statement that there
have been no deviations; must submit report con-
taining all of the information in §§ 63.8(c)(7)–(8) and
63.10(c)(5)–(13).
§ 63.10(e)(3)(vi)–(viii) ........... Excess Emissions Report Requirements for reporting excess emissions for CMS; Yes.
and Summary Report. requires all of the information in §§ 63.8(c)(7)–(8)
and 63.10(c)(5)–(13).
§ 63.10(e)(4) ........................ Reporting COMS Data ...... Must submit COMS data with performance test data ... Yes.
§ 63.10(f) .............................. Waiver for Recordkeeping/ Procedures for Administrator to waive .......................... Yes.
Reporting.
§ 63.11(b) ............................. Flares ................................. Requirements for flares ................................................. Yes; the section references
§ 63.11(b).
§ 63.12 ................................. Delegation ......................... State authority to enforce standards ............................. Yes.
§ 63.13 ................................. Addresses .......................... Addresses where reports, notifications, and requests Yes.
are sent.
§ 63.14 ................................. Incorporation by Reference Test methods incorporated by reference ...................... Yes.
§ 63.15 ................................. Availability of Information .. Public and confidential information ............................... Yes.
[FR Doc. E6–18656 Filed 11–8–06; 8:45 am]

BILLING CODE 6560–50–P

Environmental Protection Agency: Thursday, November 9, 2006

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ENVIRONMENTAL PROTECTION OAR–2006–0406, by one of the Docket Center homepage at http://

Category NAICS a Examples of regulated entities

vapor tested and those alternative

metropolitan statistical area with a population

we estimate the baseline emissions from

affected sources, however, there are

Alternative 1 and then added the more

techniques was an effective way to case gasoline dispensing facilities, is to

presented to us during the public

would improve the assurance of

emissions from this source category, we

equipment, and 20 years for storage tank

proposed standards for area sources are

being submitted in response to 40 CFR specified in § 63.11089(a) through (f).

tank’’ as defined in § 63.11100.

thermocouple, installed in proximity to paragraph (a) of this section, the owner

TABLE 3.—TO SUBPART BBBBBB OF PART 63—APPLICABILITY OF GENERAL PROVISIONS

TABLE 3.—TO SUBPART BBBBBB OF PART 63—APPLICABILITY OF GENERAL PROVISIONS—Continued

from Performance Test.

TABLE 3.—TO SUBPART BBBBBB OF PART 63—APPLICABILITY OF GENERAL PROVISIONS—Continued

TABLE 3.—TO SUBPART BBBBBB OF PART 63—APPLICABILITY OF GENERAL PROVISIONS—Continued

TABLE 3.—TO SUBPART BBBBBB OF PART 63—APPLICABILITY OF GENERAL PROVISIONS—Continued

[FR Doc. E6–18656 Filed 11–8–06; 8:45 am]

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