Revisions to Area Source MACT For Gasoline Distribution and Dispensing Facilities

    December  15, 2009 EPA proposed revisions (74 FR 66470)  to the  Area Source MACT for Gasoline Distribution Facilities, 40 CFR 63 Subpart BBBBBB, applicable to bulk gasoline terminals and bulk plants, and Subpart CCCCCC, applicable to gasoline dispensing facilities, based on two petitions for reconsideration filed by the  Alliance of Automobile Manufacturers (Alliance)  and the  American Petroleum Institute (API).  EPA granted certain of the requests for reconsideration primarily to clarify the regulations, 40 CFR 63 Subpart BBBBBB and Subpart CCCCCC. There was no change in the compliance date for existing sources of January 10, 2011. The compliance date for New Sources (affected sources constructed since November 9, 2006) was January 10, 2008 or upon startup if startup occurs after January 10, 2008. Comments are due February 16, 2010. 

    The following sections: “Bulk Gasoline Plants and Terminals” and “Gasoline Dispensing Facilities” describe the proposed respective changes to the regulations:

Bulk Gasoline Plants and Terminals  

    The following are the proposed amendments to 40 CFR Part 63 Subpart BBBBBB:  

• Revision to the definition of ‘‘bulk gasoline plant’’ to clarify that gasoline from these facilities is subsequently loaded into gasoline cargo tanks for transport to GDFs. The proposed definition is as follows: ‘‘Bulk gasoline plant means any gasoline storage and distribution facility that receives gasoline by pipeline, ship or barge, or cargo tank and subsequently loads the gasoline into gasoline cargo tanks for transport to gasoline dispensing facilities, and has a gasoline throughput of less than 20,000 gallons per day. Gasoline throughput shall be the maximum calculated design throughput as may be limited by compliance with an enforceable condition under Federal, State, or local law and discoverable by the Administrator and any other person.’’

 

• Clarification that  that gasoline storage tanks located at bulk facilities, but used only for dispensing gasoline in a manner consistent with tanks located at a gasoline dispensing facility (GDF “Gasoline dispensing facility (GDF) i.e., any stationary facility which dispenses gasoline into the fuel tank of a motor vehicle).are not subject to any of the requirements in 40 CFR part 63, subpart BBBBBB, but instead, these tanks must comply with the applicable     requirements of 40 CFR part 63, subpart CCCCCC. Amendment to §63.11081. 

• Provision stating that if a bulk gasoline facility’s monthly throughput ever exceeds the definition of “bulk gasoline terminal, the source will still be subject to the provisions of Subpart BBBBBB even if later its monthly throughput threshold falls below the regulatory threshold. This  “once in always in” requirement is similar to other environmental requirements; the concept is that one cannot discontinue or disable a pollution control device even though the original criteria for installing the device are no longer met. 

• Amend item 1 in Table 1 to provide different controls for two types of gasoline storage tanks which have a capacity of less than 75 cubic meters (m3) as follows: 

▪ Add a capacity/throughput threshold below which small, infrequent-use gasoline storage tanks(capacity of less than 151 cubic meters and a throughput of less than 480 gallons per day)  would be required to be equipped with a fixed roof and covers on all openings that are to be maintained in a closed position at all times when not in use.  

▪Add a definition for surge control tanks and provisions requiring that they be equipped with pressure/vacuum (PV) vents with a positive cracking pressure of no less than 0.50 inches of water and that all openings are to be maintained in a closed position at all times when not in use. 

• Correct the definition of ‘‘vapor-tight cargo tank;’’ Vapor-tight gasoline cargo tank means:

a gasoline cargo tank which has demonstrated within the 12 preceding months that it meets the annual certification test requirements in §63.11092(f). 

Gasoline Dispensing Facilities (GDFs)  

Clarification that EPA intended to cover all public and private GDFs. The new proposed definition is:  

‘‘Gasoline dispensing facility (GDF) means any stationary facility which dispenses gasoline into the fuel tank of a motor vehicle, motor vehicle engine, nonroad vehicle, or nonroad engine, including a nonroad vehicle or nonroad engine used solely for competition. These facilities include, but are not limited to, facilities that dispense gasoline into on- and offroad, street, or highway motor vehicles, lawn equipment, boats, test engines, landscaping equipment, generators, pumps, and other gasoline-fueled engines and equipment.’’  

• An important revision addresses how to calculate throughput in determining whether stations are subject to the regulations. Revision is made to the definition of monthly throughput in §63.11132 to remove the reference to a ‘‘rolling 30-day average’’ and to add a clarification on how monthly throughput is calculated. This revision is intended to clarify that it was EPA’s intent that the monthly throughput is calculated by summing the volume of gasoline loaded into, or dispensed from, all gasoline storage tanks at each GDF during the current day, plus the total volume of gasoline loaded into, or dispensed from, all gasoline storage tanks at each GDF during the previous 364 days, and then dividing that sum by 12.  

• Proposed new paragraph stating that if a GDF’s monthly throughput ever exceeds an applicable monthly throughput threshold, the GDF will remain subject to those requirements even if the GDF’s monthly throughput later falls below the applicable monthly throughput threshold. (subparagraph (i) to §63.11111) 

• Proposed new paragraph stating that the dispensing of gasoline from fixed gasoline storage tanks at GDF into portable gasoline storage tanks for the on-site delivery and subsequent dispensing of the gasoline into the fuel tank of a motor vehicle or other gasoline-fueled engine or equipment used at the area source is subject to standards (subparagraph (j) to §63.11111)    

• Proposed new paragraph stating that owners or operators using portable gasoline containers that meet the requirements of 40 CFR part 59, Subpart F, (the Mobile Source Air Toxics Rule) will be considered in compliance (paragraph (d) to §63.11116) 

• New paragraph specifying the dates by which compliance demonstration for vapor balance systems at GDF with a gasoline throughput of 100,000 gallons or more are required (§63.11120(e) If the vapor balance systems were in place prior to January 10, 2008 it is considered compliant if system is required to comply, and complies, with either a 90-percent reduction in emissions, or uses management practices at least as stringent as those in must be conducted per the regulations. 

• New provision to allow storage tanks to have an additional option for submerged fill pipes that are further from the bottom of the tank than the distances previously specified in § 63.11117 (i.e. for tanks installed prior to 11/09/06 no more than 12 inches from bottom of tank; for tanks installed after 11/09/06 no more than 6 inches from bottom of tank) Owner/operator must be able to demonstrate that the liquid level in the tank is always above the entire opening of the fill pipe. Documentation providing such demonstration must be made available for inspection by delegated agency.  

• New paragraph (c) to § 63.11125 clarifying that cargo tank vapor tightness testing records must be kept for a period of 5 years, but adding that cargo tank owners or operators have the option of keeping only the current year’s records with the cargo tank and keeping records for the previous 4 years in the owner’s office if the records are instantly available. 

• Add a definition of ‘‘vapor-tight cargo tank,’’ correct the definition of ‘‘gasoline cargo tank,’’ and clarify that vapor tight testing records must be kept in the cab of the cargo tank for inspection by the facility operator. Proposed definition would read as follows: ‘‘vapor-tight gasoline cargo tank means a gasoline cargo tank which has demonstrated within the 12 preceding months that it meets the annual certification test requirements in §63.11092(f).’’ 

•Add definition of ‘‘gasoline cargo tank’’ clarified to reference “unloading” as well as “loading” operations  

• Add definitions for ‘‘gasoline,’’ ‘‘motor vehicle,’’ ‘‘nonroad engine,’’ and ‘‘nonroad vehicle’’ to ensure consistency with other rules 

• Amend the current definition of ‘‘gasoline dispensing facility’’ in §63.11132 to clarify intent to include all public and private stationary facilities that dispense gasoline into the fuel tanks of on- and off-road engines, vehicles, and equipment rather than just those facilities that dispense gasoline into the fuel tanks of motor vehicles.  

    The foregoing are only the primary changes proposed in the regulations, the proposed regulations should be reviewed for all of the revisions.    

This article was authored by Barbara D. Little, Jackson Kelly PLLC. For more information on the author see here.