Final revisions to industry air regulations - References

This article was written by Harold Laurence, Trinity Consultants Inc.

References

1. 89 Fed. Reg. 39304 (May 8, 2024). Docket number EPA-HQ-OAR-2020-0371 available at https://www.regulations.gov/docket/EPA-HQ-OAR-2020-0371.
2. Ibid.
3. The EPA’s cost calculations in the rule docket (EPA-HQ-OAR-2020-0371-0010) include a basis of 210 Hazardous Air Pollutant (HAP) major sources and over 9,250 HAP area sources.
4. 40 CFR §§ 60.502a(c)(3) and 63.11092(e)(2)(ii).
5. §63.425(j)(1) and (j)(3)(i).
6. §60.504a(e).
7. §60.503a(c)(6)(i) through (v) and (d)(2)(i) through (iv).
8. §60.500a(a)(1) and (a)(2) definitions of “gasoline loading rack affected facility” and “collection of equipment at a bulk gasoline terminal affected facility.”
9. 89 Fed. Reg. at 39317 (May 8, 2024). Final rule preamble.
10. §60.501a: “Gasoline cargo tank means a delivery tank truck or railcar which is loading gasoline or which has loaded gasoline on the immediately previous load.” Cf. § 60.502a(c)(3)(i), (e)(1), (f), (g); § 60.503a(c)(8)(ii): “If you do not know the previous content of a cargo tank, you must assume the cargo tank is a gasoline cargo tank.”
11. For temperature see §60.503a(c)(8) and §60.502a(b)(1)(ii), (c)(1)(ii). For NHV, see §60.502a(c)(3)(viii).
12. 40 CFR Part 60, Subpart XX, “Subpart XX - Standards of Performance for Bulk Gasoline Terminals,” was first promulgated on August 18, 1983 (48 FR 37590). The subpart is available online from the electronic CFR at https://www.ecfr.gov/current/title-40/chapter-I/subchapter-C/part-60/subpart-XX.
13. 40 CFR 60.502(b). Paragraph (c) provides an exception for loading racks that had a vapor processing system constructed or refurbished before December 17, 1980, and that could attain 80 mg/L TOC.
14. 40 CFR 60.502(j).
15. 40 CFR 60.502(e)(1).
16. 40 CFR Part 63, Subpart R, “National Emission Standards for Gasoline Distribution Facilities (Bulk Gasoline Terminals and Pipeline Breakout Stations),” was first promulgated on December 14, 1994 (59 FR 64318). The subpart is available online at the eCFR at https://www.ecfr.gov/current/title-40/chapter-I/subchapter-C/part-63/subpart-R.
17. 40 CFR 63.422(b).
18. 40 CFR 63.423(a). Some deck fitting control requirements of 40 CFR Part 60, Subpart Kb were not included in Part 63, Subpart R. Seal requirements were included, as was the requirement that deck fittings have projections below the liquid surface.
19. 40 CFR 63.423(b).
20. Table 3 of U.S. EPA, “National Air Toxics Program: The Integrated Urban Strategy,” July 19, 1999 (64 FR 38721), available online at https://www.govinfo.gov/content/pkg/FR-1999-07-19/pdf/99-17774.pdf.
21. 40 CFR 63 Subpart BBBBBB, “Subpart BBBBBB - National Emission Standards for Hazardous Air Pollutants for Source Category: Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities,” was first promulgated on January 10, 2008 (73 FR 1933). The subpart is available online from the eCFR at https://www.ecfr.gov/current/title-40/chapter-I/subchapter-C/part-63/subpart-BBBBBB.
22. Clean Air Act, §§ 111(b)(1)(B) and 112(d)(6).
23. 89 Fed. Reg. 39304 (May 8, 2024).
24. Details are given at 40 CFR 60.14 and 40 CFR 60.15. Some exceptions apply. For instance, routine repair and maintenance is not “modification.” However, it can be difficult to determine when an exemption applies.
25. In more detail: comparable LDAR NSPS for other industry sectors, such as petroleum refining and chemical manufacturing, provide a dedicated “capital expenditure” test. For the first several years after such a rule is made, projects that add a de minimis number of valves or connectors can usually demonstrate that they are not “capital expenditures” and thus not “modifications” causing LDAR to apply. Dedicated provisions were included for each industry sector because the EPA’s general language on this matter (40 CFR 60.14(e)(2)) intended to exempt only an “increase in production rate.” It is opaque that adding valves or connectors to a terminal is a “production rate” increase.
26. Table 2 to Subpart BBBBBB.
27. Requirements at 40 CFR 60.502a(c)(3) for Subpart XXa open flares lift from requirements at §63.670 for refinery flares.
28. §63.11092(b)(1)(iii)(B).
29. §60.502a(b)(1)(ii) (new racks).
30. §60.502a(c)(1)(ii) (modified or reconstructed racks, temperature monitoring) and (c)(3) (modified or reconstructed racks, monitoring flare parameters using references to §63.670).
31. §63.11092(e)(2)(ii).
32. §60.502a(c)(8)(iv).
33. §60.502a(c)(1).
34. 89 Fed. Reg. at 39325.
35. Docket No. EPA-HQ-OAR-2020-0371-0105. Attachment A pp. 35ff.
36. §60.502a(c)(3).
37. §60.502a(c)(3) provides for compliance demonstration options in the petroleum refinery flare rules at §63.670. These rules in turn allow for continuous analysis of gas composition under §63.670(j)(1) or (2), or continuous analysis of NHV by calorimeter under (j)(3) and (4), or the grab sampling alternative under (j)(6). Under the grab sampling alternative, facilities collect 14 days of grab samples and the demonstrate on an ongoing basis that those samples represent actual flared gas situations. When adapting the (j)(6) grab sampling alternative to the §60.502a(c)(3) gasoline distribution rules, the EPA approach was to use the gasoline loading ratio to verify that the flared gases continuously meet the 270 Btu/scf threshold for NHV, and the gasoline loading rate to verify that they meet the 22 Btu/ft².
38. §60.502a(b)(1)(ii) and (c)(1)(ii).
39. §60.503(c)(1).
40. §60.504a(e).

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