Gasoline Distribution Terminal Regulation Changes – Do You Need to Install a TOC CEMS or Update Your TOC Monitoring Strategy?

As mentioned in a previous ALL4 article, the United States Environmental Protection Agency (U.S. EPA) finalized updates on May 8, 2024 to the Gasoline Distribution Terminal Regulations. The Gasoline Distribution Terminal Regulations include 40 CFR Part 63, Subpart R (National Emission Standards for Gasoline Distribution Facilities [Bulk Gasoline Terminals and Pipeline Breakout Stations]) for major sources of hazardous air pollutants (HAP), 40 CFR Part 63, Subpart BBBBBB (National Emissions Standards for Hazardous Air Pollutants for Source Category: Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities) for area sources of HAPs, and 40 CFR Part 60, Subparts XX and XXa (Standards of Performance for Bulk Gasoline Terminals) for new, modified, and reconstructed facilities.

This article focuses on the changes in 40 CFR Part 63, Subpart R and 40 CFR Part 63, Subpart BBBBBB that require bulk gasoline terminals using vapor recovery systems to comply with a total organic carbon (TOC) concentration limit with a continuous emissions monitoring system (CEMS). These changes may require a facility to either install a TOC CEMS that was not previously required or make changes to the current monitoring strategy to comply with the new concentration limits. The compliance date related to these changes is May 8, 2027 (i.e., three years after the rule updates were finalized).

In the response to comments for this regulatory action U.S. EPA indicated that they are requiring “CEMS for all rules, including NESHAP Subpart BBBBBB, because a CEMS can directly assess compliance with the emission limit and the design and operating parameters cannot provide this direct assessment.” U.S. EPA also indicated that to account for periods of CEMS outages they also provided an “alternative to CEMS that could be used for limited periods of CEMS outages, but not one that could be used indefinitely as an ongoing alternative to a CEMS.” Although there are still alternatives allowed within the updated rules they are only temporary (i.e., up to 240 hours per calendar year) and a CEMS is the primary method for compliance.

If your facility is impacted by these changes to 40 CFR Part 63, Subpart R or 40 CFR Part 63, Subpart BBBBBB, and a TOC CEMS is required on your vapor recovery system, here are some things to consider and steps to take as the compliance date approaches:

1) Evaluate your current compliance method in comparison to new/revised requirements to determine if new monitoring approaches (or changes to existing monitoring) are needed.

1. We recommend you complete this step as soon as possible. If there are changes to the current monitoring strategy or a new CEMS needs to be purchased and installed, there are timing considerations to make sure everything is in place by the compliance date.

2) If you do not currently have a TOC CEMS and need to install one, you will need to consider the following:

1. Procurement process considerations
   1. Can the proposed CEMS meet the applicable Performance Specification?
   2. Are there any state-specific CEMS specifications that need to be met?
   3. Is there a data acquisition and handling system (DAHS) in place to meet recordkeeping and reporting requirements or will one need to be implemented?
   4. How will the data systems work together at the facility?
   5. Are the data systems robust enough to alert you when data is trending toward non-compliance?
   6. What are the lead times for the equipment needed?
2. Installation requirements and considerations
   1. Is the CEMS being installed in a location that meets the applicable Performance Specification?
   2. Where will all the equipment be placed (e.g., shelter, reference gas bottles, etc.)?
   3. Is there an accessible power source?
   4. What infrastructure is available for data communications?
3. Initial certification and performance evaluation test considerations
   1. Schedule third party vendors (as needed) to complete the required testing and ensure protocols and notifications are completed on time.
   2. Plan the testing so the CEMS performance evaluation is completed prior to the compliance date.

3) Ensure a quality assurance/quality control (QA/QC) plan is in place that addresses the TOC CEMS (may need to develop a plan or update an existing plan).

4) Evaluate reporting requirements and ensure processes are in place to accurately report CEMS compliance (downtime and excess emissions).

5) Evaluate how alternative monitoring may be used during periods of CEMS outages and ensure those monitoring systems and data collection processes are in place.

6) Ensure you will be able to meet the required ongoing QA/QC requirements.

1. What is the facility’s workflow for completing the QA/QC on the TOC CEMS?
2. Do you need additional staff or contract support?

ALL4 has a team of continuous monitoring system experts that can help you implement and improve monitoring systems, analyze your data, and maintain compliance with applicable requirements. If you have questions about how the updates in the Gasoline Distribution Terminal Regulations impact your monitoring requirements or need help navigating the CEMS implementation process, please reach out to me at mstroup@all4inc.com.