NESHAP / Clean Air Act: US Environmental Protection Agency offers technology review and performance standards for gasoline terminals | Mitchell, Williams, Selig, Gates and Woodward, PLLC

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The United States Environmental Protection Agency (“EPA”) last week issued a proposed pre-publication rule on national emission standards for the Clean Air Act for Dangerous Air Pollutants (“NESHAP”) for distribution facilities. petrol and efficiency standards for bulk petrol terminals.

The proposal is a review of the residual risk and technology (“RRTR”) for petrol distribution facilities and the standards for the implementation of the source category of bulk petrol terminals NESHAP.

Section 112 of the Clean Air Act establishes a two-stage regulatory process to address emissions of hazardous air pollutants (“HAPs”) from stationary sources.

The first stage is necessary to identify the categories of sources emitting one or more of the HAPs listed in section 112 of the Clean Air Act. These sources are then issued based on NESHAP technology (ie the “MACT” standard).

The second stage is required to be undertaken within eight years of the establishment of the MACT standard. Two different analyzes need to be done. They include:

  1. Technological review
  2. Residual risk review

The Technology Review requires the EPA to review technology-based MACT standards and review them as necessary (taking into account developments and practices, processes and management technologies), but at least every eight years, in accordance with Section 112 (d). (6). ) of the Clean Air Act.

With regard to the residual risk review, the EPA should assess the public health risk remaining after the application of the technology-based standards and revise the standards, if necessary, to ensure a sufficient safety margin to protect public health or to prevent of taking into account cost, energy, safety and other relevant factors and adverse effects on the environment.

The EPA notes in this proposal for publication that the categories of sources in question include:

. . . Distribution of petrol regulated under 40 CFR Part 63, Subpart R and BBBBBB and transportation and marketing of oil regulated under 40 CFR Part 60, Subpart XX.

The EPA had previously set MACT standards for the main source category for petrol distribution in 1994 and reviewed the RRTR in 2006.

Sources affected by the main NESHAP source for the petrol distribution source category include:

  • Bulk petrol terminals
  • Pipeline drilling stations

Sources affected by the NESHAP source for the petrol source category include:

  • Bulk petrol terminals
  • Bulk petrol plants
  • Pipeline facilities

The EPA proposes certain changes to NESHAP, which include:

  • NESHAP subpart R
    • Require graduated certification for vapor tightness from 0.5 to 1.25 inches drop in water pressure for a 5-minute period (depending on the size of the compartment of the cargo tank for gasoline cargo tanks)
    • Require controls for the installation of external tanks with a floating roof in accordance with the requirements of the Clean Air Act. Standards for the implementation of a new source, subpart Kb
    • Require semi-annual instrumental monitoring for major sources of gasoline distribution
  • NESHAP Subpart BBBBBB
    • Reduce emission limits for the area of ​​cargo racks at large bulk petrol terminals to 35 milligrams of total organic carbon per liter of petrol (mg / L)
    • Require balancing of money for loading storage vessels and petrol cargo tanks in bulk petrol plants with a maximum design capacity of 4000 gallons per day or more
    • Require graduated certification for vapor tightness from 0.5 to 1.25 inches drop in water pressure for a 5-minute period (depending on the size of the compartment of the cargo tank for gasoline cargo tanks)
    • Require controls for the installation of external tanks with a floating roof in accordance with the requirements of the Clean Air Act. Standards for the implementation of a new source, subpart Kb
    • Require annual instrumental monitoring for gasoline distribution facilities in the area
  • New standards for source performance, Subpart XXa
    • Proposing a new standard for source performance Subpart XXa that facilities that start construction after that date must meet a limit of 1 mg / L and that facilities that start modification or refurbishment after that date must meet a limit of 10 mg / L
    • Require graduated certification for vapor tightness from 0.5 to 1.25 inches drop in water pressure for a 5-minute period (depending on the size of the compartment of the cargo tank for gasoline cargo tanks)
    • Requires quarterly monitoring of the instrument

Note that America’s Energy Traders (“EMA”) in its June 30 issue of the Weekly Review noted:

The EPA has not previously included small bulk fuel plants, cargo racks and cargo tanks in the NESHAP standards. However, there are indications that this equipment may be regulated for the first time according to the proposed EPA rule. The EMA is examining the proposed 120-page rule to determine whether downstream gasoline distribution facilities and tanker vehicles can be regulated under NESHAP. If so, it could raise gas prices and put small businesses in a precarious position. Expect more details and again this is just a proposed rule, so the EMA will have time to comment and meet with Biden administration officials to ensure that small businesses are not affected.

A link to the proposed 120-page pre-publication rule can be downloaded here.

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