U.S. EPA Updates to Emissions Standards for Gasoline Distribution Terminals

The Clean Air Act requires the United States Environmental Protection Agency (U.S. EPA) to review standards promulgated under 40 Code of Federal Regulations (CFR) Parts 60 and 63 every eight years and revise them if necessary. On February 29, 2024, the EPA published updates to 40 CFR Part 63, Subpart R (National Emission Standards for Gasoline Distribution Facilities) and 40 CFR Part 63, Subpart BBBBBB (National Emissions Standards for Hazardous Air Pollutants for Source Category: Gasoline Distribution Bulk Terminals, Bulk Plants, and Bulk Pipelines). The proposed changes include new standards, lower emission limits, new monitoring requirements, reduced vapor tightness testing requirements, the elimination of exemptions for Startup, Shutdown, and Maintenance (SSM) activities, and electronic reporting. In addition to the Part 63 standards, U.S. EPA is also finalizing changes to the Standards of Performance for New Stationary Sources (NSPS) applicable to Bulk Gasoline Terminals. Specifically, they are proposing the creation of 40 CFR Part 60, Subpart XXa, which would be applicable to facilities that started construction, modification, or reconstruction after June 10, 2022.  

The emissions sources regulated by the gasoline distribution facility air regulations include storage tanks, equipment leak fugitives, and gasoline loading racks. Current regulations require facilities to control emissions from storage tanks by installing floating roofs to reduce volatilization or routing emissions through a closed vent system to a control device, to minimize emissions from equipment leaks through monthly sensory-based inspections, and to capture and control loading emissions. The proposed updates include changes for all source types. The following are the notable updates by subpart: 

NESHAP Subpart R  

• Graduated vapor tightness certification from 0.50 to 1.25 inches of water depending on the compartment size for gasoline cargo tanks. 
• Additional fitting controls for external floating roof tanks consistent with NSPS Subpart Kb. 
• Lower explosive limit (LEL) monitoring as part of the annual visual inspection for internal floating roof tanks. 
• Semi-annual instrument monitoring for equipment leaks at major sources. 
• Added option to comply with a concentration-based limit for vapor recovery units (VRU) using a continuous emissions monitoring system (CEMS). 
• Added flare monitoring requirements from the refinery sector rule. 
• Added a submerged fill requirement to the loading rack standards. 
• Removed the applicability equations such that all major source gasoline distribution facilities are subject to the rule. 

NESHAP Subpart BBBBBB 

• Lowered the emissions limit for loading racks to 35 milligrams of total organic compounds (TOC) per liter of product loaded (mg/L) at large bulk gasoline terminals. (Note that compliance with an alternate concentration-based limit is also allowed.) 
• Graduated vapor tightness certification from 0.50 to 1.25 inches of water depending on the compartment size for gasoline cargo tanks. 
• Additional fitting controls for external floating roof tanks consistent with NSPS Subpart Kb. 
• LEL monitoring as part of the annual visual inspection for internal floating roof tanks. 
• Annual instrument monitoring for equipment leaks at area sources. 
• Vapor balancing requirements for loading storage vessels and gasoline cargo tanks at bulk gasoline plants that load 4,000 gallons per day or more (annual average basis).
• Removal of startup, shutdown, and malfunction (SSM) exemptions. 

NSPS Subpart XXa 

• Emissions limit of 1.0 mg/L TOC for loading operations (including railcar loading) at new facilities, and 10 mg/L at modified or reconstructed facilities. Alternatively, can comply with concentration-based limits. 
• Graduated vapor tightness certification from 0.50 to 1.25 inches of water depending on the compartment size for gasoline cargo tanks. 
• Quarterly instrument monitoring for equipment leaks. 
• Enhanced flare monitoring provisions. 
• Removal of SSM exemptions. 

The final rules contain many of the same requirements as the proposed rules. However, there were a few changes, including: 

• The definition of an affected facility was revised to separate the loading rack from other equipment. 
• An alternative for demonstrating compliance with combustion control net heating value for loading operations was created. 
• Methane is subtracted for compliance with the TOC emissions limits.  

While the new NESHAP requirements will become effective 60 days after publication in the Federal Register, existing facilities have three years from publication to comply with most aspects of the changes. Any new facilities must comply with all standards on the effective date, or upon startup, whichever date is later. The exceptions are the changes to Table 1 of Subpart R and the removal of SSM exemptions, which apply upon the effective date. Performance test and performance evaluation reporting submittals must meet the new requirements within 180 days of the promulgation date. External floating roof storage vessel fitting controls meeting the new standards must be installed the next time the storage vessel is completely emptied and degassed or 10 years after promulgation of the rule, whichever occurs first. The new NSPS XXa applies to terminals that commenced construction or modification after June 10, 2022. 

If you have questions about how the proposed gasoline distribution rules may affect your facility or need help implementing the changes, please reach out to me at tgayer@all4inc.com. ALL4 continues to monitor this topic and is here to help your facility navigate these potential new requirements.