Vol. 76 Monday, No. 15 January 24, 2011

Part II

Environmental Protection Agency

40 CFR Parts 9 and 63 National Emission Standards for Hazardous Air Pollutants for Source Categories: Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities; and Gasoline Dispensing Facilities; Final Rule

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ENVIRONMENTAL PROTECTION stakeholders and State and local agency through Friday, excluding legal AGENCY representatives are addressed in this holidays. The telephone number for the action. We are also denying Public Reading Room is (202) 566–1744. 40 CFR Parts 9 and 63 reconsideration on one issue raised in a The Air and Radiation Docket and [EPA–HQ–OAR–2006–0406, FRL–9253–7] petition for reconsideration received by Information Center’s Web site is: http:// the Agency on the final rules. wwwlepa.gov/oar/docket.html. The RIN 2060–AP16 DATES: These final rules are effective on electronic mail (e-mail) address for the January 24, 2011. The incorporation by Air and Radiation Docket is: a-and-r- National Emission Standards for reference of certain publications listed [email protected], the telephone number Hazardous Air Pollutants for Source in the rule is approved by the Director is (202) 566–1742, and the Fax number Categories: Gasoline Distribution Bulk of the Federal Register as of January 24, is (202) 566–9744. Terminals, Bulk Plants, and Pipeline 2011. Facilities; and Gasoline Dispensing FOR FURTHER INFORMATION CONTACT: Facilities ADDRESSES: EPA has established a docket for this action under Docket ID General and Technical Information: AGENCY: Environmental Protection No. EPA–HQ–OAR–2006–0406. All Mr. Stephen Shedd, Office of Air Agency (EPA). documents in the docket are listed on Quality Planning and Standards, Sector ACTION: Final rule; amendments. the http://www.regulations.gov Web Policies and Programs Division, site. Although listed in the index, some Coatings and Chemicals Group (E143– SUMMARY: This action promulgates information is not publicly available, 01), U.S. EPA, Research Triangle Park, amendments to the National Emission e.g., confidential business information NC 27711, telephone: (919) 541–5397, Standards for Hazardous Air Pollutants or other information whose disclosure is facsimile number: (919) 685–3195, for Source Categories: Gasoline restricted by statute. Certain other e-mail address: [email protected]. Distribution Bulk Terminals, Bulk material, such as copyrighted material, Compliance Information: Ms. Maria Plants, and Pipeline Facilities; and is not placed on the Internet and will be Malave, Office of Compliance, Air Gasoline Dispensing Facilities, which publicly available only in hard copy Compliance Branch (2223A), U.S. EPA, EPA promulgated on January 10, 2008, form. Publicly available docket Ariel Rios Building, 1200 Pennsylvania and amended on March 7, 2008. In this materials are available either Avenue, NW., Washington, DC 20460, action, EPA is finalizing amendments electronically through http:// telephone: (202) 564–7027, e-mail and clarifications to certain definitions www.regulations.gov or in hard copy at address: and applicability provisions of the final the Air and Radiation Docket in the EPA [email protected]. rules in response to some of the issues Headquarters Library, EPA West raised in the petitions for Building, Room 3334, 1301 Constitution SUPPLEMENTARY INFORMATION: Regulated reconsideration. In addition, several Ave., NW., Washington, DC. Entities. Categories and entities other compliance-related questions The Public Reading Room is open potentially regulated by this action posed by various individual from 8:30 a.m. to 4:30 p.m., Monday include:

Category NAICS * Examples of regulated entities

Industry ...... 324110, 493190, 486910, Operations at area sources that transfer and store gasoline, including bulk termi- 424710, 447110, 447190. nals, bulk plants, pipeline facilities, and gasoline dispensing facilities. Federal/State/local/Tribal governments. * North American Industry Classification System.

This table is not intended to be III. Summary of Changes Since Proposal I. National Technology Transfer and exhaustive, but rather provides a guide IV. Summary of Comments and Responses Advancement Act for readers regarding entities likely to be A. Applicability J. Executive Order 12898: Federal Actions regulated by this action. To determine B. Throughput Thresholds To Address Environmental Justice in whether your facility is regulated by this C. Rule Clarifications Minority Populations and Low-Income action, you should examine the D. Comments Addressing Other Provisions Populations applicability criteria in 40 CFR part 63, That Were Not Proposed To Be Amended K. Congressional Review Act subpart BBBBBB and 40 CFR part 63, V. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory I. General Information subpart CCCCCC. If you have any Planning and Review A. Where can I get a copy of this questions regarding the applicability of B. Paperwork Reduction Act this action to a particular entity, consult C. Regulatory Flexibility Act document? either the air permit authority for the D. Unfunded Mandates Reform Act In addition to being available in the entity or your EPA regional (UMRA) representative as listed in 40 CFR 63.13. docket, an electronic copy of these final E. Executive Order 13132: Federalism amendments will also be available on Outline: The information presented in F. Executive Order 13175: Consultation the Worldwide Web (WWW) through this preamble is organized as follows: and Coordination With Indian Tribal the EPA’s Technology Transfer Network I. General Information Governments G. Executive Order 13045: Protection of (TTN). Following the Administrator’s A. Where can I get a copy of this signature, a copy of this action will be document? Children From Environmental Health B. Judicial Review Risks and Safety Risks posted on the TTN’s policy and II. Background Information H. Executive Order 13211: Actions guidance page for newly proposed or A. Petitions for Reconsideration and Concerning Regulations That promulgated rules at http:// Judicial Review Significantly Affect Energy Supply, www.epa.gov/ttn/oarpg/. The TTN at B. Other Stakeholder Issues Distribution, or Use EPA’s Web site provides information

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and technology exchange in various and 0173). The Alliance also filed a After considering this matter, we deny areas of air pollution control. petition for judicial review of the final reconsideration of the third issue in the rules in the United States Court of Alliance’s petition for reconsideration. B. Judicial Review Appeals for the District of Columbia Under CAA section 307(b)(7)(B), the Under section 307(b)(1) of the Clean Circuit. In addition, the Alliance, API, Administrator must initiate Air Act (CAA), judicial review of these and several other stakeholders (affected reconsideration proceedings with final rules is available only by filing a facilities and State and local respect to provisions that are of central petition for review in the United States government agencies) contacted EPA relevance to the rule at issue if the Court of Appeals for the District of with questions on issues related to the petitioner shows that it was Columbia Circuit by March 25, 2011. implementation of the final rules. impracticable to raise an objection to a Under section 307(b)(2) of the CAA, the rule within the public comment period requirements established by these final A. Petitions for Reconsideration and or that the grounds for the objection rules may not be challenged separately Judicial Review arose after the public comment period in any civil or criminal proceedings 1. The Alliance Petition but within the period for filing petitions brought by EPA to enforce these for judicial review. The Alliance requirements. The Alliance’s petition for attempted neither demonstration in its Section 307(d)(7)(B) of the CAA reconsideration identified three issues petition for reconsideration; instead, it further provides that ‘‘[o]nly an for reconsideration (see the preamble to merely asserted that ‘‘neither the objection to a rule or procedure which the proposed rule for a discussion of proposal nor the final rule provided any was raised with reasonable specificity these issues (74 FR 66471)). The first notice’’ that these tanks could be subject during the period for public comment two issues were regarding the definition to the rules (see Docket No. EPA–HQ– (including any public hearing) may be of ‘‘Bulk Gasoline Plant.’’ We granted OAR–2006–0406, item 0152.1). Such raised during judicial review.’’ This reconsideration of these two issues in assertion is not sufficient under CAA section also provides a mechanism for the proposed rule (74 FR 66471). We are section 307(d)(7)(B) for requiring EPA to us to convene a proceeding for taking final action with regard to those reconsider this issue. The provision that reconsideration, ‘‘[i]f the person raising issues in today’s notice. the Alliance alleges provoked this third an objection can demonstrate to the EPA issue, the originally promulgated The Alliance raised a third issue in its that it was impracticable to raise such definition of ‘‘bulk gasoline plant,’’ was petition for reconsideration, which objection within [the period for public included in the original proposal questioned the inclusion of gasoline comment] or if the grounds for such published on November 9, 2006 (see 40 storage tanks used to fuel emergency objection arose after the period for CFR 63.11100, 73 FR 1916, 1940). The generators and fire pumps as being public comment (but within the time Alliance had ample time during the 60- subject to 40 CFR part 63, subpart specified for judicial review) and if such day public comment period to raise its BBBBBB or 40 CFR part 63, subpart objection is of central relevance to the concern that this definition of ‘‘bulk CCCCCC. The Alliance stated in both its outcome of the rule.’’ Any person gasoline plant’’ ‘‘could be read to cover seeking to make such a demonstration to petition for reconsideration and in its gasoline storage tanks that fuel us should submit a Petition for comments submitted on the proposed emergency generators and fire pumps.’’ Reconsideration to the Office of the amendments that gasoline storage tanks (See Docket No. EPA–HQ–OAR–2006– Administrator, U.S. EPA, Room 3000, that fuel fire pumps and emergency 0406, item 0152.1.) However, the Ariel Rios Building, 1200 Pennsylvania generators should not be covered by Alliance did not raise this concern in its Ave., NW., Washington, DC 20460, with subparts BBBBBB or CCCCCC. They January 8, 2007 comments that it a copy to both the person(s) listed in the stated that many of these pieces of submitted on that proposal (see Docket preceding FOR FURTHER INFORMATION equipment are fueled by gasoline No. EPA–HQ–OAR–2006–0406, item CONTACT section, and the Associate storage tanks holding less than 250 0094.1) and has not provided any other General Counsel for the Air and gallons. The Alliance acknowledged explanation in its petition for Radiation Law Office, Office of General that other gasoline storage tanks fueling reconsideration regarding why doing so Counsel (Mail Code 2344A), U.S. EPA, this equipment are above this 250-gallon was ‘‘impracticable.’’ Additionally, the 1200 Pennsylvania Ave., NW., level, but it asserts that the gasoline Alliance has not provided any argument Washington, DC 20460. storage tanks still have very low regarding why its concern ‘‘arose after monthly throughput. The Alliance also II. Background Information the public comment period but within stated that most emergency generator the period for filing petitions for judicial On January 10, 2008 (73 FR 1916), and fire pump gasoline storage tanks review.’’ Finally, the Alliance has EPA promulgated National Emission will have zero gallons per day offered no explanation as to why its Standards for Hazardous Air Pollutants throughput and are likely to be filled particular issue with this particular for Source Categories: Gasoline only once or twice per year after routine provision is of ‘‘central relevance to the Distribution Bulk Terminals, Bulk maintenance and testing. The Alliance rule.’’ Since the Alliance has not Plants, and Pipeline Facilities; and further stated that regulating this demonstrated how its request meets the Gasoline Dispensing Facilities (40 CFR equipment under subparts BBBBBB or requirements of CAA section part 63, subpart BBBBBB and 40 CFR CCCCCC could potentially cover 307(d)(7)(B), EPA is denying part 63, subpart CCCCCC) pursuant to thousands of emergency generator and reconsideration of this issue in its sections 112(c)(3) and 112(d)(5) of the fire pump gasoline storage tanks petition for reconsideration.1 CAA. On March 10, 2008, the nationwide at various types of facilities Furthermore, we disagree with the Administrator received two petitions for that may not otherwise have air Alliance that gasoline storage tanks that reconsideration of the final rules. One permitting requirements. Thus, in its petition was filed by the Alliance of petition for reconsideration, the 1 While EPA did grant reconsideration on the Automobile Manufacturers (Alliance) Alliance suggested that EPA entirely Alliance’s other issues in its petition for and the other by the American exempt these gasoline storage tanks reconsideration which also involved the definition of ‘‘bulk gasoline plant’’, EPA did so for completely Petroleum Institute (API) (Docket No. from regulation under either subpart independent reasons unrelated to this third issue. EPA–HQ–OAR–2006–0406, items 0174 BBBBBB or subpart CCCCCC. See 74 FR 66470, 66471.

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fuel emergency generators and fire or issues related to the implementation 4. We have revised the proposed pumps should not be regulated as part of the final rules. We are finalizing the amendments to entry 2 of Table 1 to 40 of the Gasoline Distribution area source proposed changes to the rules resulting CFR part 63, subpart BBBBBB, to category. This alleged issue is from these issues as described in section correctly specify that the secondary seal essentially just a request from the IV of this preamble. requirements from 40 CFR part 60, Alliance that EPA exempt from The amendments being promulgated subpart Kb (40 CFR 60.112b(a)(1)(ii)(B) regulation gasoline storage tanks fueling address both the petitions for and (a)(1)(iv) through (ix)) or 40 CFR emergency generators and fuel pumps. reconsideration and the additional part 63, subpart WW (40 CFR However, as we stated in the preamble questions from other stakeholders. Our 63.1063(a)(1)(i)(C) and (D)) do not apply to the proposed amendments (74 FR responses to the stakeholder questions to internal floating roof tanks that are 66474), the CAA requires that EPA set do not substantially change the level of subject only to subpart BBBBBB. Federal emission standards under CAA the standards but clarify some of the 5. In 40 CFR part 63, subpart section 112(d) for source categories requirements. These clarifications do BBBBBB, the following revisions have listed under CAA section 112(c)(3). The not change the impacts of the rules. been made to the definitions in 40 CFR list of source categories was developed 63.11100: Thus, the estimates of environmental, • based on an emission inventory. The cost, and information collection impacts We have revised the proposed emission inventory for GDF is based on are not substantially different than definition of ‘‘gasoline storage tank’’ to the total volume of gasoline consumed estimated at promulgation of these add an item (3) that specifically nationwide (including domestic rules, and no changes have been made excludes sumps, including butane production, plus imports and stock to the estimates presented in the final blending sample recovery tanks (SRT), changes from the previous year, minus rules. and oil/water separators, from the exports), the emission factor for gasoline definition of gasoline storage tank. loading losses, and the amount of III. Summary of Changes Since • We have also added a fourth item submerged and splash loading and Proposal in the definition of ‘‘gasoline storage tank’’ excluding ‘‘tanks or vessels vapor balancing in the industry. Total This section presents a brief summary permanently attached to mobile sources gasoline consumption is the total used of the significant changes that have been such as trucks, railcars, barges, or nationwide, so the emission inventory made in the final rule as a result of our includes emissions estimates for all end ships.’’ consideration of the public comments • users of gasoline, which includes We have amended the definition of on the proposed rule. Each of the items ‘‘pipeline pumping station’’ to read: ‘‘a gasoline used in these emergency listed below is discussed in detail in generators and fire pumps. See 74 FR facility along a pipeline containing section IV of this preamble. pumps to maintain the desired pressure 66470, 66474. Additionally, the types of 1. In the final rule, we have added a gasoline storage tanks identified by the and flow of product through the provision to paragraph (g) in 40 CFR pipeline and not containing gasoline Alliance are essentially the same as 63.11081 clarifying that ‘‘An enforceable those found at other GDF, except that storage tanks other than surge control State, local, or Tribal permit limitation tanks.’’ the average or typical size and gasoline on throughput, established prior to the throughput tend to be smaller than for 6. We have added a new paragraph (f) applicable compliance date, may be to 40 CFR 63.11113 of 40 CFR part 63, the gasoline storage tanks at a more used in lieu of the 20,000 gallons per typical GDF that refuel primarily motor subpart CCCCCC, stating that the day design capacity throughput vehicles. We considered both the size compliance date for existing GDF that threshold, to determine whether the and throughput of gasoline storage tanks only load gasoline into fuel tanks other facility is a bulk gasoline plant or a bulk at GDF in the selection of the control than those in motor vehicles, as defined terminal.’’ requirements in the current rule, so the in 40 CFR 63.11132, is January 24, 2014. 2. In the final rule, we have clarified types of controls, and the control levels Also, we have added text to paragraph in 40 CFR 63.11092(b)(1)(iii)(B)(1), that required, are appropriate for even the (e) of 40 CFR 63.11111 in the final rule the purpose of a heat sensing device smallest gasoline storage tanks. stating that the date of the start of used to monitor a thermal oxidizer is to recordkeeping for these existing GDF is 2. The API Petition ‘‘send,’’ rather than to ‘‘display’’ (as the date of publication of these final The API Petition for Reconsideration stated in the proposal), either a positive amendments. For new sources identified four issues regarding or a negative parameter value as a signal constructed, or for existing sources clarifications that they suggested should to indicate the presence or absence, reconstructed, after the date of be made to the final rules. We granted respectively, of the pilot flame. We also publication of these final amendments, reconsideration of all four issues and clarified that the analyzer for recordkeeping must begin upon startup addressed them in the preamble and the conducting monthly measurements of of the affected facility. rule text revisions that were included in the carbon outlet volatile organic 7. We have revised 40 CFR 63.11120 the proposed amendments. Additional compound (VOC) concentration (from a to include a new paragraph (d) that adds discussion of the final amendments to carbon bed) can be permanently a cross-reference to the vapor tightness the rules as a result of our mounted (i.e., it need not be portable as testing requirements found in 40 CFR reconsideration of the issues in the API was previously stated in the rule at 40 63.11092(f). The vapor tightness testing petition, and our rationale for the CFR 63.11092(b)(1)(i)(B)(1)(iii)). was not previously listed in 40 CFR amendments, is presented in section IV 3. We have added text to 40 CFR 63.11120. of this preamble. 63.11092(f) specifying that facilities that 8. We have added rule text in 40 CFR are subject to subpart XX of 40 CFR part 63.11124(a)(1) stating that GDF that are B. Other Stakeholder Issues 60 may elect, after notification to the now subject to the rule because they In addition to the petitions discussed subpart XX delegated authority, to only load gasoline into fuel tanks other above, the Alliance, API, and several comply with the annual certification than those in motor vehicles, as defined other stakeholders (affected facilities test for gasoline cargo tanks as specified in 40 CFR 63.11132, must submit Initial and State and local government in paragraphs (f)(1) and (f)(2) of this Notifications within 120 days of agencies) contacted EPA with questions section. publication of these final amendments.

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9. We have revised 40 CFR We received no comments specifically control emissions. The commenter 63.11124(a)(2) and (b)(2) to include a addressing the proposed revision to the noted that, in addition to applying good requirement that facilities must state in definition of ‘‘bulk gasoline plants’’ and management practices, small GDF must their Notification of Compliance Status are finalizing the definition as proposed. also be able to produce records to prove the facility is under 10,000 gpm (NOCS) report whether the facilities’ 2. Definition of Gasoline Dispensing throughput. The commenter asserted gasoline throughput is determined Facility based on the volume of gasoline loaded that it is not reasonable to believe that into all gasoline storage tanks, or on the We proposed amending the definition the majority of these small GDF will volume of gasoline dispensed from all of ‘‘gasoline dispensing facility’’ in 40 keep these gasoline throughput records, gasoline storage tanks. We have also CFR part 63, subpart CCCCCC to clarify nor that EPA or the delegated State specifically included the 60-day time our intent to include all stationary agencies will be able to assure frame for the submittal of the NOCS in facilities that dispense gasoline into the compliance with the recordkeeping 40 CFR 63.11124(a)(2). fuel tanks of all end users of gasoline. requirements. Further, the commenter The proposed definition is: ‘‘Gasoline 10. We have corrected a typographical suggested that some facilities may dispensing facility (GDF) means any error in proposed 40 CFR 63.11125(c). exceed the 10,000 gpm throughput stationary facility which dispenses threshold levels when considering The citation included in the paragraph gasoline into the fuel tank of a motor ‘‘ fueling nonroad vehicles or nonroad should be to § 63.11094(b)(2)(i) through vehicle, motor vehicle engine, nonroad (viii)’’ rather than to ‘‘§ 63.11094(b)(i) engines. vehicle, or nonroad engine, including a A second commenter stated many of through (viii)’’ as it appeared in the nonroad vehicle or nonroad engine used the same concerns as the previous reconsideration proposal. solely for competition. These facilities commenter and also stated that, without 11. In 40 CFR part 63, subpart include, but are not limited to, facilities any objective research, the Agency CCCCCC, we have added the CAA that dispense gasoline into on- and off- concluded that the newly-affected definition of motor vehicles to the road, street, or highway motor vehicles, sources would all have throughputs less definitions found in 40 CFR 63.11132. lawn equipment, boats, test engines, than 10,000 gpm and therefore be IV. Summary of Comments and landscaping equipment, generators, subject to only 40 CFR 63.11116. The Responses pumps, and other gasoline-fueled commenter stated that some of their engines and equipment.’’ facilities would not fit into this Amendments to the gasoline Comment: One commenter presumed scenario; as a result, they distribution area source rules were recommends that, if EPA finalizes the would be given only a few months to proposed on December 15, 2009 (74 FR proposed definition of GDF, EPA extend install submerged fill pipes on all its 66470). The 60-day public comment the compliance date for facilities that storage tanks. period ended on February 16, 2010, and may now become affected facilities The commenter also stated that EPA we received 17 comment letters. under 40 CFR part 63, subpart CCCCCC. ignores the coincident impacts of a Comments were received from industry The commenter suggested that since source being regulated under the representatives, trade associations, State EPA will likely not issue the final NESHAP. For example, the commenter and local air pollution control agencies, amendments until just prior to the stated that they are covered by a New and private citizens. The final rule January 10, 2011, compliance date, Jersey Department of Environmental amendments reflect our consideration of many affected sources may be unaware Protection (NJDEP) General Air Permit. the significant comments received on that they are subject to subpart CCCCCC. The commenter explained that the the proposed action. This section The commenter requests that EPA NJDEP General Air Permit excludes presents a summary of the significant consider extending the compliance date coverage for any source that is covered comments received and our responses to for GDF that exceed the 10,000 gallons under 40 CFR part 63. As a result, the those comments. per month (gpm) throughput level commenter said that they will have to purely because they dispense gasoline apply for, pay the fees for, and obtain A. Applicability to end users other than motor vehicles. an individual permit. The commenter 1. Definition of Bulk Gasoline Plant The commenter asserted that these asserted that this will also work against facilities may not be able to install the the NJDEP’s focus on General Air We proposed revising the definition necessary control equipment prior to the Permits, which ensures environmental of ‘‘bulk gasoline plant’’ in subpart January 10, 2011, deadline, and should protection while freeing staff resources BBBBBB to clarify that gasoline from be provided additional time to comply for more worthwhile tasks. The these facilities is subsequently loaded with the submerged fill requirements. commenter stated that the rule should into gasoline cargo tanks for transport to The commenter stated that the be revised to read as follows: GDF. The proposed definition is as proposed new definition of GDF greatly ‘‘(c) If you have an existing affected follows: ‘‘Bulk gasoline plant means any expands the affected source category source that becomes subject to the gasoline storage and distribution facility beyond the ‘‘fuel tank of a motor control requirements in this subpart that receives gasoline by pipeline, ship vehicle’’ category in the current rule. after January 10, 2008, you must comply or barge, or cargo tank and subsequently The commenter stated that while many with the standards in this subpart no loads the gasoline into gasoline cargo of the additional affected sources may later than 3 years after the affected tanks for transport to gasoline fall under the 10,000 gpm throughput source becomes subject to the control dispensing facilities, and has a gasoline level, these facilities would still become requirements in this subpart.’’ throughput of less than 20,000 gallons affected facilities under the national Response: We continue to believe that per day. Gasoline throughput shall be emission standards for hazardous air the preamble to the January 10, 2008, the maximum calculated design pollutants (NESHAP). The commenter final rule was clear that, as discussed in throughput as may be limited by stated that State agencies accepting the proposal, all facilities that dispense compliance with an enforceable delegation of these NESHAP must be gasoline, both public and private, were condition under Federal, State, or local able to sufficiently implement and subject to the rule. However, we law and discoverable by the enforce the standards for all affected acknowledged that our intent may have Administrator and any other person.’’ facilities, not just facilities required to been misinterpreted by some readers

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because the January 10, 2008, final rule affected GDF (see 40 CFR unintended implications. The definition of GDF only referenced the 63.11132(f)(2)), whichever is later. commenters provided extensive dispensing of gasoline into the fuel tank Comment: One commenter suggested comments in support of their position of a ‘‘motor vehicle.’’ CAA section 216(2) that, to clarify that a single site may that the definition of ‘‘gasoline storage defines the term motor vehicle as ‘‘any contain multiple GDF, the following tank’’ should be exactly the same as is self-propelled vehicle designed for sentence be added at the end of the found in 40 CFR part 60, subpart Kb, transporting persons or property on a proposed definition of GDF: ‘‘Each i.e., that the definition should street or highway.’’ The combination of separate gasoline dispensing activity specifically exclude process tanks. The these two definitions results in a and associated gasoline storage tank or commenters stated that subpart Kb and definition of GDF that is more limited tanks shall be considered an individual other EPA regulations have than what we intended when GDF for the purposes of this rule.’’ distinguished between vessels that serve promulgating the final rule. Thus, we Response: Section 63.11111(h) of 40 a storage function and vessels that serve agree with the commenters that some CFR part 63, subpart CCCCCC, as a process function. The commenters facilities that are subject to 40 CFR part proposed, included the following stated that, by removing the process 63, subpart CCCCCC because they sentence: ‘‘If an area source has two or tank exclusion, the rule may dispense gasoline to end users other more GDF at separate locations within inadvertently bring underground sumps than those defined in the January 10, the area source, each GDF is treated as and oil/water separators into the rule. 2008, final rule, or specifically defined a separate affected source.’’ We believe The commenters further stated that in the CAA as motor vehicles, may not that this statement is appropriate to these vessels are not ‘‘storage’’ tanks. have considered themselves subject to resolve the commenter’s concern, that it The commenters explained that sumps the rule prior to the clarification of the is more specific, and that it is more that collect drained material such that it definition of GDF. This segment of the appropriate in the applicability section can be pumped to storage or otherwise GDF population includes those that rather than in the definition of a GDF. re-injected into the system, serve a dispense gasoline into the fuel tank of We are, therefore, not incorporating this process rather than a storage function. a nonroad vehicle, or nonroad engine, change into the definition of GDF as The commenters stated that a typical including a nonroad vehicle or nonroad requested by the commenter. sump has a capacity of approximately engine used solely for competition. It 3. Tanks With Infrequent Use 1,200 gallons, and is used to collect would also include facilities dispensing liquid from thermal relief valves, We proposed to amend item 1 of gasoline into lawn equipment, boats, sample collection activities, and Table 1 of 40 CFR part 63, subpart test engines, landscaping equipment, maintenance activities. The commenters BBBBBB by adding a subcategory that generators, pumps, and other gasoline- further stated that most sumps are specifies the control requirements for fueled engines and equipment. equipped with a pump that starts tanks that have a capacity of less than We recognize that the source category automatically as liquids accumulate, 151 cubic meters and a throughput of was more narrowly defined in the final and that the liquids are either pumped less than 480 gallons per day (gpd). We rule than we intended, so we are back into the pipeline or to a larger did not receive comments on this finalizing the proposed amendments to transmix tank and are not stored long- proposed amendment and have the definition of ‘‘gasoline dispensing term in the sump. The commenters included it in the final rule. facility’’ to correctly define the source stated that there is no way to install category. Because the sources described 4. Surge Control Tanks floating roofs on these vessels, and above were only clearly informed that We proposed to add a definition of installation of a pressure/vacuum (p/v) 40 CFR part 63, subpart CCCCCC was ‘‘surge control tanks’’ and to amend vent on these vessels could result in applicable to them as of the December Table 1 of 40 CFR part 63, subpart back pressure in the system which 15, 2009, proposal date, we agree that BBBBBB by adding an entry 3 that could cause vapors to go back into the these newly covered sources should be specifies control requirements for these loading system. The commenter also allowed additional time in which to tanks. We did not receive comments on stated that one particular type of sump, comply with the revised final rule. this proposed amendment and have a butane SRT, should not be considered In the final rule, we have added the included it in the final rule. a storage tank. The commenter CAA definition of ‘‘motor vehicles’’ in explained that, for terminals with 40 CFR 63.11132, and have also added 5. Definition of Gasoline Storage Tank butane blending, a SRT is part of the a new paragraph (f) to 40 CFR 63.11113 We proposed to amend 40 CFR part apparatus required by the applicable indicating the compliance dates for new 63, subpart BBBBBB to include the American Society for Testing and and existing GDF that only load gasoline following definition of ‘‘gasoline storage Materials (ASTM) test method for the into fuel tanks other than those in motor tank’’: ‘‘Gasoline storage tank or vessel routine automatic product sampling vehicles, as defined in 40 CFR 63.11132. means each tank, vessel, reservoir, or performed for the butane blending For existing GDF that are subject to the container used for the storage of process. The commenter stated that control requirements in this subpart gasoline, but does not include: (1) these small tanks (250- or 500-gallons only because they load gasoline into Frames, housing, auxiliary supports, or capacity) collect used samples of fuel tanks other than those in motor other components that are not directly gasoline. The commenter also stated vehicles, as defined in § 63.11132, the involved in the containment of gasoline that a floating roof would not be feasible compliance date is January 24, 2014. For or gasoline vapors; or (2) subsurface in such small tanks, and closing the new or reconstructed GDF that are caverns or porous rock reservoirs.’’ This tank with a pressure vent would subject to the control requirements in definition is based on the definition of interfere with the ASTM test method for this subpart only because they load ‘‘storage vessel’’ found in 40 CFR part 60, which the tank is installed. The gasoline into fuel tanks other than those subpart Kb without the exemption for commenter further stated that the ASTM in motor vehicles, as defined in 40 CFR ‘‘process tank.’’ test method requires the analysis to be 63.11132, the compliance date is either Comment: Commenters object to the performed at atmospheric pressure, and, the date of publication of these final proposed definition of ‘‘gasoline storage thus, the SRT is equipped with an open rules or the date of startup of the tank’’ and believe that it has potentially vent in order to prevent back pressure

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in the analyzer. The commenter ‘‘gasoline storage tank.’’ Since we have such as trucks, railcars, barges, or concluded by saying that a SRT is not excluded these tanks from the definition ships.’’ used for gasoline ‘‘storage,’’ but rather, it of ‘‘gasoline storage tank,’’ they are not Comment: Commenters stated that an collects material, for sampling purposes, subject to control requirements under unintended consequence of the within the butane blending process these rules. ‘‘gasoline storage tank’’ definition, as before the material is automatically As provided for under these rules, proposed, is that it could be transferred back into the system. whether any other types of tanks used misconstrued in a manner that would One commenter also provided at bulk facilities or GDF are subject to result in pipeline pumping stations supporting data regarding the cost and the requirements of these rules depends being deemed pipeline breakout emission reduction potential of on whether those tanks meet the stations. The commenters stated that if installing p/v vents on sumps and definition of ‘‘gasoline storage tank’’ in a surge control tank or an underground underground vessels. The commenter the rules (see 40 CFR 63.11100 of sump at a pipeline pumping station stated that the cost of installing a p/v subpart BBBBBB and 63.11132 of were construed as being a storage vessel, vent on an average sized sump would be subpart CCCCCC). For the gasoline then this facility would be rendered a approximately $15,000, the hazardous distribution area source category, the pipeline breakout station under the air pollutant (HAP) reductions would distinction between a ‘‘process tank’’ present definition of a pipeline only be about 6 pounds per year, and and any other type of tank is not pumping station. They pointed out that the cost-effectiveness, even if the p/v relevant for deciding whether the rules in the preamble for the final rule, EPA vent eliminated breathing losses are applicable. Instead, if a tank used at concluded that it is not necessary for entirely, would be over $1 million per a bulk facility or a GDF meets the pipeline pumping stations to submit ton of HAP controlled. definition of ‘‘gasoline storage tank,’’ it semi-annual reports for periods in The commenters requested that, if will be subject to the applicable which no deviation occurred. The EPA will not maintain the process tank requirements in the rule. If that tank commenters further stated that pipeline exemption, EPA add an exclusion under does not qualify as a ‘‘gasoline storage breakout stations, however, must submit ‘‘ ’’ the gasoline storage tank definition for tank,’’ it will not be regulated under semi-annual reports regardless of sumps, including butane blending SRT, these rules. Stakeholders that have whether any deviations occurred. The and oil/water separators. The questions about the applicability of commenters stated that misclassification commenters also stated that if EPA will these rules to particular tanks at their of pipeline pumping stations as pipeline not return the process tank exclusion to facilities may seek assistance from the breakout stations would impose a the ‘‘gasoline storage tank’’ definition, applicable EPA Regional Office or the significant burden on these facilities to EPA should specify a separate delegated State or local authorities (see submit reports that EPA has already compliance period for process tanks 40 CFR 63.11099 and 63.11131, as concluded are unnecessary. The (such as flow-through sumps that applicable). Additionally, EPA will commenters request that the rule be accumulate gasoline) and allow 3 years consider providing specific exclusions clarified to avoid a misclassification of from the date of publication of the final for specific tanks in the ‘‘gasoline pipeline pumping stations as pipeline amendments. storage tank’’ definition as is being done breakout stations. Response: Prior to receiving these today if such action seems appropriate. comments, we were not aware of the Comment: The commenters also Response: We agree with the issue related to sumps, including butane stated that the proposed definition of commenters that the definition of blending SRT, and oil/water separators. ‘‘gasoline storage tank’’ fails to ‘‘pipeline pumping stations’’ needs to be After reviewing these comments, we distinguish between gasoline storage clarified. It is not our intent that the agree that these particular types of tanks tanks located at the terminal and the presence of surge control tanks or sump should not be considered ‘‘gasoline tank trucks that are loaded at the tanks result in a pipeline pumping storage tanks’’ for the purposes of these terminal. They pointed out that 40 CFR station being required to submit semi- rules. Based on the information part 60, subpart Kb makes this annual reports for periods in which no provided by the commenters, we distinction by exempting ‘‘Vessels deviation occurs, as required for a concluded that these types of tanks are permanently attached to mobile vehicles pipeline breakout station. However, as not ‘‘gasoline storage tanks’’ and not part such as trucks, railcars, barges, or discussed earlier, we have excluded of the gasoline distribution source ships.’’ The commenters stated that a sump tanks from the definition of a category because the liquids that are similar clarification should be made in ‘‘gasoline storage tank,’’ so that is not an collected and stored in them do not 40 CFR part 63, subpart BBBBBB. issue with the definition of ‘‘pipeline meet the definition of ‘‘gasoline.’’ In Response: We considered the pumping station.’’ addition, information provided by the commenter’s position and agree that Additionally, as stated earlier, we did commenters indicates that emissions mobile tanks such as tank trucks that are not receive adverse comments on our from these types of tanks are low loaded at the terminal were not proposed control requirements for surge because they are located underground intended to be included in the ‘‘gasoline control tanks in Table 1 of 40 CFR part and it is not cost-effective to enclose storage tank’’ definition as proposed. 63, subpart BBBBBB by adding an entry and control emissions by installing p/v Such mobile tanks serve a different 3 (not item 2, as the commenter stated) vent valves. We agree that sumps, purpose than stationary gasoline storage that applies to pipeline breakout including butane blending SRT, and oil/ tanks, and the applicable emission stations and pipeline pumping stations water separators are likely not cost- control technologies are also different. (see title of § 63.11087). Thus, we are effective to control based on the We did not anticipate that there would amending the definition of ‘‘pipeline information provided by the be any confusion caused by the lack of pumping station’’ in this final rule to commenters. In the final rule, we have a specific exclusion for mobile tanks mean ‘‘a facility along a pipeline revised the definition of ‘‘gasoline from the definition of gasoline storage containing pumps to maintain the storage tank’’ to add an item (3) that tanks. We are, however, adding a fourth desired pressure and flow of product specifically excludes sumps, including item in the definition of ‘‘gasoline through the pipeline and not containing butane blending SRT, and oil/water storage tank’’ excluding ‘‘tanks or vessels gasoline storage tanks other than surge separators from the definition of permanently attached to mobile sources control tanks.’’

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6. Aviation Gasoline at Airports and only gasoline storage tanks with of gasoline from the gasoline cargo tank Marine Tank Vessel Loading at Bulk gasoline throughput of 10,000 gallons or into the GDF’s fixed storage tanks is Facilities more per month would be required to subject to requirements under subpart We proposed to specifically exclude submit them. Also, as with any other CCCCCC. In the final rule we are the loading of aviation gasoline into emission source at a facility, once the requiring that the management practices storage tanks at airports and the loading temporary or contractor gasoline storage required under 40 CFR 63.11116 must of gasoline into marine tank vessels at tank is removed from the facility, the be met during all steps in the gasoline bulk facilities from 40 CFR part 63, owner’s or operator’s obligation to keep distribution process. In other words, the records regarding that gasoline storage intermediate operations (see 40 CFR subpart BBBBBB and 40 CFR part 63, tank would also end. The commenter 63.11111(j)) of loading a portable subpart CCCCCC. We did not receive did not address directly our proposed gasoline tank at a GDF, delivering the comments on this proposed exclusion position that the owner or operator of a gasoline via the portable gasoline tank, and have included it in the final rules. facility is ultimately responsible for and dispensing the gasoline from the 7. Temporary/Contractor Tanks ensuring that all emission sources at the portable gasoline tank into gasoline- We did not propose changes to the facility comply with the requirements of fueled engines or pieces of equipment rule to address a question of how 40 any applicable standards. Nor did any (the end-use fuel tank) at the GDF, are CFR part 63, subpart CCCCCC applies to other commenters submit comments all part of the gasoline distribution temporary or contractor gasoline storage opposed to our stated position. process. These intermediate operations are subject to the 40 CFR 63.11116 tanks. We asked for comment on the 8. Coverage of Tanks Used To Fuel management practices (minimize spills following rationale for not making any Vehicles and To Fill Cargo Tanks for and evaporation). There are no changes: ‘‘It appears it is the On-Site Fuel Redistribution notifications or reporting required under responsibility of the owner or operator We proposed adding text to each 40 CFR 63.11116; thus, the only of the affected facility to ensure that all subpart to clarify how the two subparts requirement applicable to these emission sources at the facility comply would be applied to gasoline storage intermediate operations is to utilize the with the requirements of any applicable tanks that are used to fuel vehicles, but management practices. standards. It seems owners or operators that may also be used to dispense Comment: One commenter requested could consider this responsibility when gasoline into portable tanks or cargo that EPA clarify that gasoline loaded negotiating contracts with third parties tanks, as follows: into portable gasoline tanks does not and address it in the contracts for the • Add a paragraph (h) to 40 CFR need to be included in the monthly specific work being done. Thus, the 63.11081 of subpart BBBBBB to read as throughput calculation, assuming you requirements in the General Provisions follows: ‘‘Storage tanks that are used to are calculating the monthly throughput will likely adequately address the load gasoline into a cargo tank for the by considering the gasoline loaded into stakeholder’s concern.’’ on-site redistribution of gasoline to (rather than dispensed from) all fixed Comment: One commenter expressed another storage tank are subject to this gasoline storage tanks at the GDF. The concern with the approach EPA has subpart.’’ commenter explained that, with this taken regarding temporary/contractor • Add a paragraph (j) to 40 CFR clarification, monthly throughput gasoline storage tanks. The commenter’s 63.11111 of subpart CCCCCC to read as calculated using the gasoline loaded concern is that the approach could follows: ‘‘The dispensing of gasoline into the fixed gasoline storage tank and create very burdensome paperwork from a fixed gasoline storage tank at a the portable gasoline storage tank would demands for temporary gasoline storage GDF into a portable gasoline tank for the not be double-counted. tanks due to the initial notifications and on-site delivery and subsequent Response: As discussed in the other potential requirements, such as dispensing of the gasoline into the fuel proposal preamble (74 FR 66478), recordkeeping and compliance tank of a motor vehicle or other monthly gasoline throughput may be certifications, under 40 CFR part 63, gasoline-fueled engine or equipment measured as either the volume of subpart CCCCCC. The commenter also used within the area source is subject to gasoline going into the gasoline storage asked whether a facility would be § 63.11116 of this subpart.’’ tanks at a GDF or, alternatively, the required to submit a notification to EPA Comment: One commenter noted that volume of gasoline coming out of the when the temporary gasoline storage the proposed definition of GDF requires gasoline storage tanks. In most tank is removed from the facility. The that the facility be stationary. The instances, we expect that measurement commenter suggested that EPA clarify commenter stated that the paragraph (j) of the volume of gasoline going into the that any applicable recordkeeping added to 40 CFR 63.11111 of subpart gasoline storage tanks is most requirements for temporary or CCCCCC, however, contradicts this appropriate because gasoline storage contractor gasoline storage tanks be definition and appears to impose tank loadings tend to be done much less terminated when the gasoline storage requirements on portable gasoline tanks often, and involve much greater tank is removed from the site. used for subsequent dispensing. The quantities at one time, whereas the Response: We have not made any commenter asked that EPA clarify that dispensing of the gasoline usually changes in the final rule as a result of portable gasoline tanks are not subject to occurs in frequent, but low volumes. these comments. A gasoline storage tank the requirements in 40 CFR 63.11116 The commenter is correct that gasoline temporarily located at a facility should based on the proposed language in 40 loaded into portable gasoline tanks does be treated the same as any other CFR 63.11111(j). The commenter stated not need to be included in the monthly gasoline storage tank at the facility in that the requirements should only apply throughput calculation if you are that routine notifications to the to the gasoline dispensing from the calculating the monthly throughput by delegated permitting agency would be fixed gasoline storage tank at the GDF. considering the gasoline loaded into needed when the gasoline storage tank Response: While we agree with the (rather than dispensed from) all fixed becomes subject to the standard or is commenter that a GDF is a stationary gasoline storage tanks at the GDF. removed from the facility. We do not source, there are certain steps that take However, in cases where a facility is consider these notifications to be overly place at the GDF that involve mobile measuring throughput based on the burdensome, especially considering that equipment. For example, the off-loading volume pumped out of the GDF, the

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loading of a portable tank from the standards applicable to the portable appropriately regulated under 40 CFR GDF’s fixed gasoline storage tank would gasoline tanks involved in the gasoline part 63, subpart VVVVVV, and should count as throughput, but the subsequent redistribution operations at the area be exempted from 40 CFR part 63, off-loading from the portable tank source are the management practices in subpart BBBBBB, and from 40 CFR part would not. Regardless of which 40 CFR 63.11116. 63, subpart CCCCCC. The commenter measurement alternative a facility Comment: One commenter does not stated that, by requiring facilities to chooses to use, however, the gasoline agree with the proposed revision to 40 make a case-by-case comparison of each throughput to be used in determining CFR 63.11081(h) for facilities that condition in different Federal standards, the applicable control requirements for primarily operate as GDF, but the proposed amendments will only any GDF is the volume measured for the infrequently may need to redistribute serve to make the regulations more fixed gasoline storage tanks at the entire small amounts of gasoline between difficult for affected facilities to comply GDF. different gasoline storage tanks located with, and for State agencies to Comment: One commenter stated that within the same site. The commenter implement and enforce. new paragraph (j) of 40 CFR 63.11111 stated that GDF that incidentally and Another commenter stated that it is its requires additional explanation. The infrequently redistribute gasoline on- understanding that a given NESHAP is commenter stated that it is unclear what site should only be regulated as GDF a set of requirements that work in requirements apply to a fixed gasoline under 40 CFR part 63, subpart CCCCCC. unison to create a system to ensure storage tank that dispenses gasoline into Response: Our intent for proposing sources are properly identified, both portable gasoline tanks (for further the revision to 40 CFR 63.11081(h) was controlled, and monitored to ensure distribution at the area source) and to ensure that facilities that use a larger sufficient environmental protections. directly into the fuel tanks of the end central gasoline storage tank to act as a The commenter stated that the system users of gasoline such that it has a total feeder tank for smaller gasoline storage will fail to be cohesive when individual monthly throughput that equals or tanks that are located on the same site components of separate NESHAP are exceeds 10,000 gallons. The commenter were subject to the standards for bulk combined. The commenter claims that asked: ‘‘[I]f the transfer to a portable gasoline plants. We specified in the new this approach is haphazard and source is only subject to 40 CFR paragraph 40 CFR 63.11081(h) that the dissociative. The commenter believes 63.11116, is the transfer to fuel tanks of provision applied to gasoline storage that this case-by-case comparison end users based upon the monthly tanks that load gasoline into a cargo method of addressing duplicative throughput to those end users or to the tank. To minimize emissions, the emission standards is without entire throughput from the GDF?’’ loading of a gasoline cargo tank should precedent, serves only to create Response: As explained in the only be performed using submerged confusion, and is almost guaranteed to previous response, monthly throughput filling. Thus, we disagree with the lead to conflict over which part of is determined either by accounting for commenter that a facility that loads different rules are the most stringent. all gasoline going into or coming out of gasoline into a cargo tank for The commenter claims that this is a the fixed gasoline storage tanks at the redistribution on-site should be unique approach to duplicative rules. GDF. The monthly throughput for the regulated as a GDF, even if such an The commenter stated that, under the fixed gasoline storage tanks at a GDF operation only occurs infrequently. maximum achievable control determines the applicable control Also, the commenter did not explain technology standards (MACT) rules, a requirements for those fixed gasoline why such activities occur, how source is explicitly exempt from storage tanks. For GDF that choose to frequently they occur, what type of duplicate standards if the source is measure monthly throughput based on vessel is used for the redistribution, or already covered. The commenter further the total amount of gasoline dispensed what volumes of gasoline are typical of stated that the same should be applied from the fixed gasoline storage tanks at these activities. We continue to believe to the area source NESHAP. The the GDF, it does not matter whether the that the addition of new paragraph 40 commenter requested that EPA specify gasoline is pumped into portable tanks CFR 63.11081(h) provides more clarity the hierarchy of NESHAP applicability or into the fuel tanks of the end users to the rules. However, we acknowledge for a given classification of sources so of the gasoline. The amount dispensed that it is possible that no matter how the that one, and only one, NESHAP in both situations would be included in final rules are worded, there may be standard applies to a source or process calculating the monthly throughout for situations where the applicability of the within a source. that GDF. In the commenter’s example, rules will need to be resolved on a case- Response: We disagree with the if a fixed gasoline storage tank dispenses by-case basis with the delegated commenter’s assertions regarding the gasoline into both portable gasoline permitting authority. proposed provisions. Each source has an tanks (for further distribution at the area obligation to comply with all applicable source) and directly into the fuel tanks 9. Applicability to Sources That Are Federal requirements. However, to the of the end users of gasoline, such that Subject to and Complying With 40 CFR extent that a source is subject to the GDF has a total monthly throughput Part 63, Subpart VVVVVV multiple requirements, that source may that equals or exceeds 10,000 gallons, We proposed amending 40 CFR part elect, under either 40 CFR 63.11081(i) or the fixed gasoline storage tank would be 63, subpart BBBBBB and 40 CFR part 40 CFR 63.11111(k), to comply only subject to either the submerged fill 63, subpart CCCCCC to specify that, if with the more stringent provisions in requirements of 40 CFR 63.11117 or the an affected source under either of these the applicable subparts. These elective vapor balance requirements of 40 CFR subparts is also subject to another provisions do not relieve a source of its 63.11118, depending on the total Federal rule like 40 CFR part 63, subpart legal obligation to be in compliance monthly throughput of the GDF. VVVVVV, the owner or operator may with all applicable requirements, but As a result of questions by this and elect to comply only with the more the provisions do allow a facility to other commenters regarding the stringent provisions of the applicable identify and comply with only one set applicability of standards to the loading subparts. of requirements (i.e., the most stringent of portable gasoline tanks, we have Comment: One commenter stated that requirements in the overlapping rules). clarified the proposed text of 40 CFR gasoline used as a feedstock at a The provisions themselves are optional; 63.11111(j) to state clearly that the only chemical manufacturing facility is those facilities that find them too

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complex or burdensome may choose not gasoline plant standards rather than the could limit the drop-out option to those to use them and instead comply with all bulk gasoline terminal standards. In the GDF that do not exceed a throughput applicable subparts. Therefore, we are final rule, we have added a provision to threshold more than a fixed number of finalizing 40 CFR 63.11081(i) of subpart paragraph (g) in 40 CFR 63.11081 times within a set period. The BBBBBB, and 40 CFR 63.11111(i) of clarifying that ‘‘An enforceable State, commenter stated that once a GDF subpart CCCCCC, as proposed. local, or Tribal permit limitation on exceeds the applicable throughput throughput, established prior to the threshold more than the minimum B. Throughput Thresholds applicable compliance date, may be allowable occurrences, the NESHAP 1. Once Over a Throughput Threshold used in lieu of the 20,000 gpd design regulations could then become We proposed adding provisions to 40 capacity throughput threshold to permanent as EPA is proposing to do CFR part 63, subpart BBBBBB and 40 determine whether the facility is a bulk after only a single occurrence. CFR part 63, subpart CCCCCC, clarifying gasoline plant or a bulk gasoline One commenter also states that, as terminal.’’ our intent that once an affected source’s with GDF, if EPA allows actual Comment: Commenters do not throughput exceeds an applicable throughput volumes to determine the support the ‘‘once in/always in’’ (OIAI) throughput threshold in either subpart, 20,000 gpd threshold for bulk gasoline provisions. The commenters disagree plants as they recommend, additional the affected source will remain subject that the ongoing compliance costs for a to the requirements for sources above language is needed to prevent GDF with a monthly throughput that permanent regulation of a facility if it the threshold, even if the affected exceeds, and subsequently falls below, source’s throughput later falls below the exceeds the threshold due to a one-time 100,000 gallons, are ‘‘minor components event. The commenter stated that EPA applicable throughput threshold. of the total cost of control.’’ Commenters Comment: One commenter stated that, should allow these facilities to exceed stated that the rules would require that the 20,000 gpd threshold on a minimum based on EPA’s current definition for sources continue to comply with the ‘‘bulk gasoline terminal,’’ gasoline number of days over a defined period of vapor balance testing and reporting time before imposing permanent throughput may be limited by requirements, and subsequently the compliance with an enforceable regulatory jurisdiction over the facility. associated maintenance and Response: Several commenters condition under State law. The recordkeeping, rather than just the commenter further stated that many provide additional justifications as to submerged fill and work practice why they disagree with our intent to existing bulk gasoline plants have actual standards set forth in 40 CFR 63.11117 throughputs far below the 20,000 gpd require a GDF to continue to comply and 40 CFR 63.11116, respectively. The with the vapor balance requirements of threshold, but may not have taken a commenters also stated that EPA ignores permit limit or other enforceable the rule, even when its gasoline the fact that the costs of compliance are throughput decreases below the condition prior to January 10, 2008, to often greater for the administrative limit throughput. The commenter noted applicable threshold. Some commenters burden than for the physical have referenced EPA’s 1995 OIAI policy that State agencies should have the requirements. Therefore, according to discretion, prior to the January 10, 2011, as part of their justification for changing the commenters, if EPA reduced the rule this proposed requirement and compliance date, to issue permits or requirements coincident with gasoline regulations limiting the throughput of indicated that it should not apply in this use reductions, it would lower rule. We agree that the OIAI policy does affected sources that can demonstrate compliance costs while maintaining the that actual throughput never exceeded not apply to area sources; therefore, it is environmental benefit. not relevant to this rule. The OIAI 20,000 gpd. The commenter stated that One of the commenters noted that the this is consistent with what EPA has policy is intended to address situations OIAI requirement does not encourage a where a major source becomes an area allowed for other NESHAP. The site to reduce its gasoline usage which source, which is not the case in commenter recommends that EPA would be a win-win situation for all question.2 Thus, the OIAI policy is not modify proposed paragraph 40 CFR environmental impacts. The commenter relied upon for the applicable 63.11081(f) by adding the italicized text, believes that EPA’s 1995 OIAI policy provisions in these rules. as follows: (f) If your affected source’s applies to major sources subject to Another commenter indicated that the throughput ever exceeds an applicable MACT standards, and would not apply OIAI policy ‘‘does not encourage throughput threshold in the definition to this area source regulation. of ‘‘bulk gasoline terminal,’’ or in item 1 Several of the commenters suggested reduction of gasoline usage which in Table 2 to this subpart on or after the that, if a GDF can demonstrate that its would be a win-win situation for all ’’ applicable compliance date, the affected monthly throughput has dropped below environmental impacts. First, as stated source will remain subject to the a throughput threshold and maintained above, the OIAI policy does not apply requirements for sources above the that level for a set period of time here. Second, we disagree with the threshold, even if the affected source (commenters suggested 1 year to 3 commenter’s position regarding this throughput later falls below the years), the GDF should be allowed to provision’s impact on gasoline usage applicable throughput threshold. begin complying with the requirements since gasoline throughput is a function Response: We considered the for the lesser throughput threshold. One of consumer demand, and we have commenter’s recommendation and agree commenter recommended that, if a already considered seasonal fluctuations that it is reasonable to allow bulk facility’s GDF falls below the 100,000 in the applicable definitions. In other gasoline distribution facilities to gpm threshold, it should have the words, we do not agree that requiring a establish enforceable permit limitations option to determine how and when it GDF to maintain a particular level of on throughput prior to the applicable will maintain and test its vapor balance control is what will determine the compliance date. Such throughput system rather than following the gasoline throughput at that particular limitations would allow a facility whose prescriptive rules. One commenter GDF; instead, it is the consumer design capacity is above the 20,000 gpd stated that EPA should allow GDF to ‘‘ ’’ 2 Specifically, the policy provides that major bulk terminal threshold, but whose drop out of NESHAP requirements sources can become area sources up until the first actual throughput is always below the once applicable throughput thresholds substantive compliance date of the major source threshold, to be subject to the bulk are no longer being met, and that EPA MACT standard.

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demand for gasoline from that GDF that might do so again at some point in the 11 months, and then dividing that sum will dictate its gasoline throughput. near future. Thus, in addition to the by 12.’’ Additionally, a GDF has the option of environmental gain in requiring the One commenter further stated that establishing an enforceable gasoline continued use of controls, there is a determining throughput categories throughput limit in its applicable permit practical economic incentive to based on calendar year data would be if that GDF wants to maintain a certain maintaining the equipment.’’ (74 FR much easier, and in the worst case, maximum level of gasoline throughput 66478) Finally, as also stated in the would result in a delay in determining below the threshold level such that the proposed amendments, requiring vapor the applicability of a particular GDF is subject to less stringent control balance systems to remain operational at requirement to a given facility of 1 year. requirements in the rule. GDF ‘‘will continue to achieve The commenter stated that, given that Several additional commenters raised substantial emissions reductions, even if facilities whose throughput increases to concerns with the compliance costs of the facility’s throughput decreases a level that requires greater controls are complying with the more stringent below the applicable thresholds.’’ (74 FR given 3 years to comply, a modest delay requirements, i.e., vapor balance system 66478) in how soon this throughput increase is rather than submerged fill. However, as Based on the above, we have decided detected does not seem that significant. stated in the proposed amendments (74 against allowing a facility to drop One commenter suggested the FR 66478), ‘‘neither of these control controls when gasoline throughput falls calculation be simplified by allowing a technologies requires significant below an applicable threshold as it will facility to use the calendar year annual ongoing operating costs[; rather,] the not result in a significant reduction in throughput divided by 12 to calculate primary control costs that the facility compliance costs and it will not have an monthly throughput. This commenter would incur would be for the initial overall benefit to the environment. We believes this would simplify the calculation significantly for these installation [of the equipment].’’ The are therefore finalizing these provisions facilities and will maintain the benefit ongoing operating costs (e.g., inspection as proposed. and maintenance of controls plus of eliminating seasonal variations. The monitoring, recordkeeping, and 2. Monthly Throughput Definition commenter stated that many GDF that submit calendar year annual reporting costs) associated with running We proposed revising the definition throughputs to the county, obtain those either a submerged fill system or a vapor of monthly throughput in 40 CFR part numbers directly from their suppliers balance system are reasonable for GDF 63, subpart CCCCCC, to remove the based on annual gasoline purchased for based on the low costs for these items. phrase ‘‘rolling 30-day average’’ in the the calendar year. For vapor balance systems, these costs final rule, as well as adding a include inspection and maintenance of Response: We continue to believe that clarification on how it is calculated. We the proposed procedure for calculating the system (about $180 per year 3), the also proposed adding text to allow periodic pressure testing (estimated to throughput at a GDF is appropriate and throughput to be based on the volume have finalized that procedure in the cost about $700 and is required once of gasoline dispensed by a GDF. every three years, or about $230 per final rule. As we stated in the preamble Comment: Commenters believe that to the proposal (74 CFR 66478), this was year) and other monitoring, reporting, the definition of ‘‘monthly throughput’’ and recordkeeping requirements (about the method used to analyze the and the requirement in 40 CFR environmental and cost-effectiveness $575 per year). For submerged fill 63.11111(e) to demonstrate/document systems these costs would be similar calculations for the throughput throughput, when taken in conjunction thresholds. We believe that this (inspection and maintenance costs are with the proposed amendments to the procedure is the best way to avoid the estimated to be about $100 per year, definition of GDF, will impose impacts of seasonal variations in plus similar monitoring, reporting, and additional and unnecessary throughput calculations because it is recordkeeping costs of about $340) recordkeeping requirements for based on data that cover an entire year. except that there is no vapor pressure facilities. One of the commenters stated For example, facilities that have a required. In other words, the annualized that the requirement that affected significant spike in throughput in the costs of running the vapor balance sources calculate their throughput every summer months are able to lower that system are estimated to be only $310 day will be a large new administrative spike by including the throughput ($80 plus $230) per year higher than the burden on newly-covered sources with during fall and winter in the costs of running a submerged fill absolutely no environmental benefit. calculation. In other situations, system. Therefore, we disagree that the The commenter stated that EPA’s throughput may peak in the fall and costs of complying with the vapor proposal will require them to dedicate winter months, and be low in the balance system requirements should be resources to calculate gasoline summer. a reason for allowing facilities that cross throughput for each day of the year, and As one commenter pointed out, the applicable threshold level to instead claims this is an unreasonable basing the calculation on the calendar continue complying with the submerged administrative burden, and that EPA year period would result in facilities fill requirements. Instead, as we stated should revise the proposal to read as determining their throughput and the ‘‘ previously (74 FR 66478), it would follows: ‘‘Monthly throughput means the applicable control requirement, only most likely be more trouble and expense total volume of gasoline that is loaded once per year. We do not consider this to discontinue the use of [either of] the into, or dispensed from, all gasoline to be appropriate nor that it represents controls and to properly remove the storage tanks at each GDF during a our intent that facilities achieve ’’ equipment than to continue their use. calendar month. Monthly throughput is continuous compliance with the ‘‘ Also, it would be reasonable to assume calculated by summing the volume of standards. that if a facility once crossed an gasoline loaded into, or dispensed from, The throughput calculation procedure applicable throughput threshold, it all gasoline storage tanks at each GDF is simple and will not require facilities during the current month, plus the total to expend significant extra resources. It 3 ‘‘Gasoline Distribution Area Source Control Cost seems reasonable to expect that nearly Estimates’’ October 3, 2006, prepared for the volume of gasoline loaded into, or November 9, 2009 proposed rule. Docket item EPA– dispensed from, all gasoline storage all GDF facilities already keep a record HQ–OAR–2006–0406–0063. tanks at each GDF during the previous of each cargo tank delivery of gasoline

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to the facility. For those days when no alternative methods for calculating their heavier compliance burden. The deliveries are made, the facility would monthly throughput. commenter believes that permanently merely enter a ‘‘zero’’ in their records. In Response: We have not made any regulating small bulk gasoline plants addition, the rule does not require that changes to the definition based on this that otherwise have small daily gasoline the actual calculation of throughput be comment. The commenter did not offer throughput as if they were a large performed every day. For example, a any recommendations regarding ‘‘gasoline terminal,’’ based solely on facility that receives a delivery of alternative methods that could be used maximum design capacity, and not gasoline once per week could update or any reasons why alternative methods actual throughput, serves no regulatory the running volume of gasoline would be beneficial. We believe that by purpose. The commenter urges EPA to delivered, and perform the throughput offering facilities the choice of adopt language that would base calculation only on those days when a calculating throughput based on the threshold calculations on actual delivery is made. For each intervening volume of gasoline delivered to the throughputs averaged over 365 days. day when no deliveries are received, the facility, or on the volume of gasoline The commenter also recommends that calculated monthly throughput would dispensed from the facility, we have EPA allow these facilities to exceed the always be equal to or less than that provided sufficient flexibility. Also, 20,000 gpd threshold on a minimum calculated on the day of the last requiring all affected facilities to use number of days over a defined period of delivery. For the reasons described one of these two approaches for time before imposing permanent above, we have concluded that the calculating their throughput will regulatory jurisdiction over the facility. procedure for calculating monthly simplify the implementation and Response: The threshold for throughput is appropriate. enforcement of the rule. distinguishing whether a distribution Comment: One commenter fully Comment: One commenter stated that facility is a bulk gasoline plant or a bulk ‘‘ ’’ supports the proposed method of the definition of monthly throughput gasoline terminal for the purpose of calculating monthly throughput for GDF in 40 CFR 63.11132 gives a choice for these rules is the same as the threshold and believes that it is a more equitable calculating monthly throughput as in 40 CFR part 63, subpart R (the major either the total volume of gasoline that method to determine GDF monthly source Gasoline Distribution NESHAP), is loaded into all gasoline storage tanks, threshold throughputs. However, with and 40 CFR part 60, subpart XX (the or the total volume of gasoline that is regard to daily throughput calculations New Source Performance Standards dispensed from all gasoline storage for bulk gasoline plants, the commenter (NSPS) for Bulk Gasoline Terminals). tanks. The commenter stated that noted that EPA is proposing new These rules were published as final clarification is needed that, if one language in 40 CFR 63.11081 that rules on December 14, 1994, and August method is chosen over the other, the specifically prohibits averaging to 18, 1983, respectively. Therefore, we source must then stay with that choice determine actual throughput thresholds. have been using this methodology since of calculating monthly throughput for Instead, according to the commenter, August of 1983, and are concerned that the duration of existence of the GDF for the NESHAP require the 20,000 gpd clarity, simplicity, and enforcement threshold to be based on the maximum changes made at this point would be purposes, or recommended that one of calculated design throughput for any confusing to many stakeholders. In the choices be taken out of the rule. single day. The commenter believes, as addition, we do not want to create a Response: We agree with the with GDF, the maximum daily situation where some facilities could commenter that facilities subject to 40 throughput for bulk gasoline plants fall between the definition of a bulk CFR part 63, subpart CCCCCC should be should be based on actual daily terminal and the definition of a bulk required to document whether they throughputs averaged over a 365-day plant (i.e., a gap in coverage). Thus, we have chosen to calculate monthly period. The commenter stated that disagree with the commenter that the throughput based on gasoline volume determining the 20,000 gpd threshold definition should now be changed to loaded into all storage tanks or gasoline based on maximum calculated design use a different method for calculating volume dispensed from all storage throughput is too broad of a standard to throughput. It is also important to note tanks. We have revised 40 CFR be a reliable determinant for that the definition of a bulk gasoline 63.11124(a)(2) and (b)(2) to include a applicability of the NESHAP plant provides that facilities may limit requirement that facilities must state in requirements. The commenter further their throughput by compliance with an their NOCS report the basis they will stated that maximum daily design enforceable condition under Federal, use to calculate monthly throughput. throughputs can range significantly State, or local law. Thus, a facility The second sentence in each of these depending on factors that have nothing whose maximum calculated design paragraphs now reads: ‘‘The NOCS must to do with actual throughput, or even throughput is above the 20,000 gpd be signed by a responsible official who the size of the tank. The commenter threshold may still be considered a bulk must certify its accuracy, must indicate urges the EPA to adopt language that gasoline plant if the actual throughput whether the source has complied with allows the 20,000 gpd throughput is limited to less than 20,000 gpd by an the requirements of this subpart, and calculation for bulk gasoline plants to be enforceable condition of a permit. must indicate whether the facilities’ based on the actual daily throughput 3. Start of Throughput Records monthly throughput is calculated based averaged over 365 days. The commenter on the volume of gasoline loaded into stated that this language is essential We proposed in both 40 CFR part 63, all storage tanks or on the volume of because the actual daily throughput at subpart BBBBBB and 40 CFR part 63, gasoline dispensed from all storage bulk gasoline plants is far less than the subpart CCCCCC that existing sources tanks.’’ 20,000 gpd threshold under the rule. begin keeping records and calculating Comment: One commenter The commenter is concerned that throughput as of January 10, 2008 (the recommends that EPA add a sentence to calculation of throughput based on date of promulgation of the final rules). the proposed new definition for maximum daily design capacity rather For new sources constructed, or for ‘‘monthly throughput’’ in 40 CFR part than actual throughput could bump existing sources reconstructed after 63, subpart CCCCCC, stating that the bulk plants up to ‘‘gasoline terminal’’ November 9, 2006, we proposed that Administrator may allow GDF with less status under the rule, a regulatory recordkeeping must begin upon startup than 10,000 gpm throughput to use change that would impose a much of the affected facility.

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Comment: Commenters stated their sources constructed, or for existing or electronic record of the start and end concerns with the EPA’s proposed dates sources reconstructed, after January 24, of a shutdown event may be used.’’ for compliance with recordkeeping 2011, recordkeeping must begin upon Comment: Commenters supported requirements. One of the commenters startup of the affected facility. EPA’s clarification that records of stated that EPA has proposed to clarify As to the second comment on shutdown events may be either manual (in 40 CFR 63.11111(e)) that changing the start of recordkeeping for or electronic. The commenters stated, recordkeeping of monthly throughput existing sources from the date of the however, that detailed requirements for should have begun when the original final rule (January 10, 2008) to one year the record of a shutdown event are rule was adopted (January 10, 2008), but prior to the final compliance date of specified in 40 CFR that this will not be possible for sites January 10, 2011, we continue to believe 63.11092(b)(1)(i)(B)(2)(v) and that become newly subject to the rule as that it is reasonable to expect facilities (b)(1)(iii)(B)(2)(v), and, thus, the phrase a result of this rulemaking. The to begin keeping throughput records as ‘‘start and end of a’’ is unnecessary and commenters recommended adding the soon as they become subject to the rules, potentially confusing. The commenters following language to 40 CFR and that records for 3 years of operation request that this phrase be deleted such 63.11111(e): ‘‘If an existing source are better than records for only 1 year. that the sentence reads as follows: ‘‘A becomes subject to this subpart after Thus, owners or operators of all existing manual or electronic record of the January 10, 2008, recordkeeping must affected sources that did not begin shutdown event may be used.’’ begin on the date that it becomes subject keeping records as of January 10, 2008, Response: In previous comments on to this subpart.’’ because they did not consider this paragraph, the commenters One of the commenters stated that themselves subject to the rules, should suggested that either manual or they support the proposed clarification begin keeping records as of the date of electronic records of shutdown events on how to calculate the monthly these final revisions to the rules should be allowed. We agreed with the throughput, but noted that requiring (January 24, 2011). All other existing commenter that the intent of the throughput records back to January 10, sources should keep records of provision was to generate a record of 2008, could cause a GDF that has not throughput as of January 10, 2008. As such events, not to specify the exact been tracking monthly throughput since mentioned above, new sources must form in which the record was generated. January 10, 2008, to be out of begin keeping throughout records upon Thus, the revision that we proposed compliance. The commenter stated that start-up. We have clarified these would allow for the manual recording of the compliance date for existing sources requirements in the final rule at 40 CFR a shutdown event as an alternative to an for 40 CFR part 63, subpart CCCCCC is 63.11111(e). electronic record. We disagree with the January 10, 2011, and, while they agree commenter, however, that the record of with EPA’s logic that ‘‘it is in the best 4. Multiple Tanks at Multiple Locations a shutdown event should not include interest of the facility to be aware as at Affected Sources both the time that the event began and early as possible what control We proposed to add a new paragraph requirements must be met,’’ there are the time that the unit was restarted after (h) in 40 CFR 63.11111 of 40 CFR part the event ended. It is important that the many GDF facilities with a monthly 63, subpart CCCCCC to clarify that a throughput significantly less than beginning and ending times, and, thus, single area source may have multiple the duration of such an event, be 10,000 gallons for which control is not GDF. We received no comments on the required. The commenter stated that recorded. We consider the requirements proposed new paragraph and have in the paragraph to be clear and these facilities should not be considered incorporated it into the final rule. out of compliance if throughput records reasonable, and to meet the were not retained beginning on January C. Rule Clarifications commenter’s original desire that manual 10, 2008. The commenter proposes that records be allowed. We have finalized 1. Recordkeeping for Continuous the text of this paragraph as proposed. documentation of the monthly Compliance Monitoring throughput for existing sources begins 2. Submerged Fill Drop Tube on January 10, 2010. The commenter The final rule language for alternative Measurements and Alternatives stated that, based on the proposed monitoring of control devices, in 40 CFR definition of monthly throughput, using 63.11092(b)(1)(i)(B)(2)(ii) and One stakeholder questioned how to a start date of January 10, 2010, would (b)(1)(iii)(B)(2)(ii) of subpart BBBBBB, measure the distance of the fill pipe provide sufficient data to determine inadvertently included the emergency from the bottom of the gasoline storage which threshold applies. shutdown system among the equipment tank when the end of the fill pipe is cut Response: As discussed in an earlier to be checked on a daily basis. The at a 45 degree angle. In the preamble to response, we agree with the commenters proposed amendments clarified that the the proposed rule, we explained that the that some facilities that are subject to 40 emergency shutdown system, which is measurement of the distance of the fill CFR part 63, subpart CCCCCC, because not part of the emissions control system, pipe from the bottom of the gasoline they dispense gasoline to end users is not subject to the rule, but that the storage tank should be made at the point other than motor vehicles, may not have system is to be checked semi-annually. in the opening of the pipe that is the considered themselves subject to the We received no comments on this greatest distance from the bottom of the rule prior to the clarification of the amendment and have finalized the gasoline storage tank. We did not definition of GDF. In the final rule (40 amendment, as proposed. receive any comments on this approach. CFR 63.11113(f)), we have clarified the We also proposed revising the We proposed, in both subparts, to compliance dates for GDF that only load verification sentences in 40 CFR allow existing gasoline storage tanks to gasoline into fuel tanks other than those 63.11092(b)(1)(i)(B)(2)(ii) and have fill pipes that are further from the in motor vehicles, as defined in 40 CFR (b)(1)(iii)(B)(2)(ii) of 40 CFR part 63, bottom of the gasoline storage tank than 63.11132. Thus we are also adding text subpart BBBBBB to read as follows: specified in 40 CFR 63.11086(a) and 40 to paragraph (e) of 40 CFR 63.11111 in ‘‘Verification shall be through visual CFR 63.11117(b) if the owner can the final rule stating that the date of the observation, or through an automated demonstrate that at all times the level of start of recordkeeping for those existing alarm or shutdown system that monitors the liquid in the gasoline storage tank is GDF is January 24, 2011. For those new and records system operation. A manual above the entire opening of the fill pipe,

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provided adequate recordkeeping is should make such a demonstration, but BBBBBB was to provide that all vapor performed, and records are maintained. merely provided them the alternative to processors required in Table 2 item 1(b) Comment: Commenters expressed do so. Thus, it is the responsibility of for gasoline loading rack(s) at a bulk concerns related to the proposed the owner or operator to document to gasoline terminal with gasoline amendment to 40 CFR 63.11086. The the inspector’s satisfaction that the throughput of 250,000 gpd, or greater, commenters stated that it is not clear liquid level in the gasoline storage tank must have continuous compliance what kinds of records will be required, prior to each loading is sufficient to monitoring under 40 CFR 63.11092(b). and it will be difficult for field cover the fill pipe. Basically, the owner We proposed to clarify 40 CFR 63.11092 inspectors to ensure compliance. One of or operator will have the dimensions of by restructuring paragraphs (b) and the commenters questioned whether the gasoline storage tank and the depth (b)(1) as follows: (1) Revised 40 CFR daily delivery and dispensing records of the drop tube, and, from that 63.11092(b) becomes the introductory would be sufficient, or if an information, can calculate the amount of language that requires all affected instantaneous accounting of gasoline gasoline that must remain in the tank to facilities to monitor vapor processors; storage tank level would be required. always keep the end of the fill pipe and (2) revised paragraph 40 CFR One commenter stated that it would submerged. Thus, the owner or operator 63.11092(b)(1) lists the specific require a great deal of work for an must keep records of those calculations monitoring requirements for: (a) Carbon inspector to determine that the level had and of the amount of gasoline that is adsorption systems (40 CFR actually NEVER fallen below the always maintained in the gasoline 63.11092(b)(1)(i)); (b) condenser systems acceptable level between inspections, storage tank prior to refilling the (40 CFR 63.11092(b)(1)(ii)); and (c) and, in reality, the records would gasoline storage tank. thermal oxidation systems (40 CFR probably never be checked. The Comment: One commenter asked if 63.11092(b)(1)(iii)). Section commenter believes that the effort of ‘‘portable’’ fill tubes are forbidden by the 63.11092(b)(1)(iv) remains the same and reviewing the proper records would be rule. The commenter stated that they contains the alternative monitoring much more complicated than installing have some facilities with smaller provisions. the properly cut fill pipe. gasoline storage tanks (typically <2,000 We also proposed clarifying our intent One commenter stated that, to ensure gallons), particularly aboveground regarding the monitoring for the compliance, inspectors would have to gasoline storage tanks, that use portable presence of a pilot flame by adding a review daily gasoline storage tank level fill tubes when filling the gasoline sentence to 40 CFR data for months or years. The storage tanks, as allowed by their local 63.11092(b)(1)(iii)(B)(1), which reads as commenter further stated that, given the regulations for GDF, and asks that this follows: ‘‘The monitor shall show a lack of specificity in the proposal as to be addressed in the rule. positive parameter value to indicate that how the necessary records must be kept The same commenter also stated that the pilot flame is on, or a negative by the facility, there could be significant they have facilities that have fill tube parameter value to indicate that the recordkeeping differences, and diffusers installed at the bottom of the pilot flame is off.’’ extremely large data review would be fill tubes which prevent the Comment: Commenters stated that, required to determine compliance. The measurement of tube depth from the under the proposed amendments, EPA commenter then stated that to have to bottom of the gasoline storage tank. The would require a continuous monitoring review months of this type of data could commenter questioned how they should system (CMS) for any performance test be quite time-consuming for the verify on-going compliance of these option chosen under 40 CFR inspector. The commenter stated that facilities with the depth requirements. 63.11092(a). The commenters stated that most State regulations that have been in The commenter recommended the rule this would extend CMS requirements to place for years just specify a depth for specifically state how on-going a population of control devices that had the drop tube, such as the 6-inch or 12- compliance with the depth requirement not been previously understood to be inch length, and this has not presented is verified. subject to those requirements. The significant difficulty for tank owner Response: The rule does not specify commenters noted that the original rule compliance. Two of the commenters that fill pipes must be permanently promulgated in January 2008, stated that recommended that EPA modify the installed. Therefore, the types of a CMS was only required for regulations to require a specific length portable fill pipes mentioned by the performance tests under 40 CFR for the drop tube. commenter are not forbidden by the 63.11092(a)(1), and excluded those Response: The proposed amendment rule. With regard to the commenter’s addressed under 40 CFR 63.11092(a)(2) to 40 CFR 63.11086 provides an question about fill pipes that have and (a)(3). The commenters stated that alternative to meeting the applicable 6- diffusers installed, we can only in EPA’s proposed rule, 40 CFR or 12-inch requirement for submerged recommend that the inspector work 63.11092(b) and (b)(1) have been fill pipes, and should not be chosen by with the owner or operator of the rewritten from the original rule, and the the owner or operator if they cannot gasoline storage tank to obtain sufficient result is that CMS would now be maintain proper documentation because information on the design of the diffuser required for all facilities covered under it is, or becomes, too burdensome. We so that the actual measurement of the 40 CFR 63.11092(b)(1) through (5). The proposed, and have finalized, this fill pipe can be adjusted to account for commenter expressed concern that this alternative for owners or operators in the diffuser. The commenter, a county new language could be interpreted as cases where they ‘‘can demonstrate that enforcement agency representative, did requiring the installation of an add-on the liquid level in the gasoline storage not state how they currently account for monitoring device where one was not tank is always above the entire opening the diffusers when performing previously understood to be needed. of the fill pipe.’’ We also specified that inspections of facilities within the The commenter stated that this could ‘‘documentation providing such county. result in a significant investment of demonstration must be made available resources. for inspection by the Administrator’s 3. Continuous Compliance Monitoring Additionally, the commenters stated delegated representative during the of All Vapor Processors that, as contained in 40 CFR course of a site visit.’’ We did not We proposed clarifications that the 63.11092(b)(4) and (b)(5), the proposed specify how the owner or operator intent in 40 CFR part 63, subpart rule adds an ‘Administrator Approval’

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step that had not previously been The January 10, 2008, final rule did not of a thermal oxidation system pilot required for sources employing 40 CFR exempt anyone from the continuous flame shall be monitored using a heat- 63.11092(a)(2) or 40 CFR 63.11092(a)(3) monitoring requirements. Thus, it is not sensing device, such as an ultraviolet in lieu of 40 CFR 63.11092(a)(1). The clear how the commenters came to their beam sensor or a thermocouple, commenters stated that this change conclusion that some facilities did not installed in proximity of the pilot light would add an approval step to a have to comply with the continuous to indicate the presence of a flame. The population of control devices that were monitoring requirements. However, heat-sensing device shall send a positive not previously deemed subject to this given that there was confusion, and parameter value to indicate that the requirement, and that the time given that the commenters are trade pilot flame is on, or a negative remaining prior to the compliance date organizations that represent the majority parameter value to indicate that the for the rule is insufficient to develop, of bulk gasoline terminals, we agreed pilot flame is off.’’ gain approval of, and implement a CMS that clarifications were needed. We Response: We considered the plan. proposed such clarifications and are clarification recommended by the Finally, the commenters stated that, finalizing them in this rulemaking. commenters and agree that the purpose given that this change in guidance has The commenter also mentioned of the heat sensing device is to send the effect of extending the CMS Administrator approval as a new either a positive or a negative parameter requirement to a population of control requirement. As explained above, it has value as a signal to indicate the devices that were previously understood always been our intent that vapor presence or absence of the pilot flame. to not be subject to this requirement, processors must have continuous Thus, it is the action of sending the and the fact that there had not been fair monitoring and must comply with all of appropriate signal to the loading system notice of this change, EPA should the associated requirements. The that is significant, not the actual extend the compliance period for approval of the CMS monitoring plan by ‘‘displaying’’ of the positive or negative implementing CMS at facilities that, in the Administrator (or the delegated parameter value. In the final rule, we lieu of conducting a new initial authority) is not a new requirement but have incorporated the clarification into performance test, utilize the provisions was always a part of the process of 40 CFR 63.11092(b)(1)(iii)(B)(1), as of 40 CFR 63.11092(a)(2) or 40 CFR implementing the continuous recommended by the commenters. 63.11092(a)(3). The commenters stated monitoring provisions. In other words, 4. Secondary Rim Seal Requirements that EPA should allow 3 years from the the requirement for obtaining Specified Under 40 CFR Part 63, date of publication of the final Administrator approval was included in Subpart WW amendments for implementation of the final rule and was not newly CMS for these facilities. proposed in the proposed amendments We proposed clarifying in item 2(d) in Response: The General Provisions (73 FR 1936–1938). Table 1 to 40 CFR part 63, subpart defines CMS as ‘‘a comprehensive term CAA section 112(i)(3)(B) provides that BBBBBB, that the same rim seal that may include, but is not limited to, EPA, or the delegated State or local requirements are intended regardless of continuous emission monitoring authority, may grant an existing source whether the owner/operator opts to systems, continuous opacity monitoring a 1-year extension for compliance with comply with 40 CFR part 60, subpart systems, continuous parameter an emission standard if such time is Kb, or 40 CFR part 63, subpart WW. In monitoring systems, or other manual or needed to install controls for meeting either case, the secondary seal automatic monitoring that is used for the standard. However, because the requirements are meant to not apply to demonstrating compliance with an continuous monitoring requirements internal floating-roof tanks that are applicable regulation on a continuous that we have clarified in these subject only to 40 CFR part 63, subpart basis as defined by the regulation.’’ amendments are not emission BBBBBB. Thus, a CMS is not necessarily an add- standards, we are not extending the Comment: Commenters stated that on emissions monitor, but may be any compliance date for these continuous they appreciate EPA’s intended type of manual or automatic monitoring monitoring requirements. clarification, but stated that EPA’s that shows that the pollution controls Comment: Commenters support EPA’s attempt to make the necessary are operating properly on a continuous clarification that monitoring the pilot corrections in Table 1 failed to properly basis. For example, a heat-sensing flame on a thermal oxidation system do so. The commenters provided edits device installed in proximity to the pilot meets the requirements for a CMS, with to the proposed Table 1 revisions that light of a flare to indicate the presence the presence of the pilot flame they claim will clearly specify that the of a flame would be a CMS because it constituting the monitored operating secondary seal requirements from 40 would show whether or not the flare parameter. The commenters request, CFR part 60, subpart Kb (40 CFR was operational.4 however, a clarification in the rule 60.112b(a)(1)(ii)(B) and (a)(1)(iv) As stated in the preamble to the language. The commenters stated that through (ix)), or 40 CFR part 63, subpart proposed amendments (74 FR 66481), it the requirement is for the monitoring WW (40 CFR 63.1063(a)(1)(i)(C) and (D)) was our intent that all vapor processors system to ‘‘automatically prevent do not apply to internal floating roof required under item 1(b) of Table 2 to gasoline loading operations from tanks that are subject only to 40 CFR 40 CFR part 63, subpart BBBBBB for beginning at any time that the pilot part 63, subpart BBBBBB. gasoline loading rack(s) at a bulk flame is absent.’’ Thus, according to the Response: We reviewed the gasoline terminal with gasoline commenters, the requirement is for the commenter’s recommended edits to the throughput of 250,000 gpd, or greater, heat-sensing device to send a signal (or proposed Table 1 revisions and agree must have continuous compliance refrain from sending a signal) to allow that the edits are appropriate. In the monitoring under 40 CFR 63.11092(b). loading to commence, rather than to proposal, we inadvertently referred to visually display the parameter value the secondary seal requirements from 40 4 It is our understanding that all control devices (i.e., on or off). The commenters CFR part 63, subpart WW in the same include process monitors such as these to assist the recommended that this clarification Table 1 entry as the requirements from owner/operator in the proper operation of the device. Thus, these CMS are not likely to be might be achieved by the following edits 40 CFR part 60, subpart Kb. Our intent significantly different than what would be used in to the rule language: 40 CFR was to discuss subpart Kb and subpart the absence of these standards. 63.11092(b)(1)(iii)(B)(1), ‘‘The presence WW in separate Table 1 entries. Thus,

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we have revised the text of items 2.(b) Response: We agree with the 63.11124(a)(2) and (b)(2) to be and 2.(d) in Table 1 to 40 CFR part 63, commenter that those GDF that would consistent with the 60-day time frame subpart BBBBBB to read as follows: be considered ‘‘newly-subject’’ affected specified in 40 CFR 63.9(h) for submittal ‘‘(b) Equip each internal floating roof sources as a result of revisions to the of the NOCS for GDF. In each paragraph, gasoline storage tank according to the subparts should have adequate time to the revised text would read as follows: requirements in § 60.112b(a)(1) of this submit new or revised Initial ‘‘You must submit a Notification of chapter, except for the secondary seal Notifications. We have included in the Compliance Status to the applicable requirements under final rule provisions that specify that EPA Regional Office and the delegated § 60.112b(a)(1)(ii)(B) and the sources that have become affected State authority, as specified in § 63.13, requirements in § 60.112b(a)(1)(iv) sources as a result of the revisions to the in accordance with the schedule through (ix) of this chapter;’’ subpart have 120 days in which to specified in § 63.9(h).’’ ‘‘(d) Equip and operate each internal submit the Initial Notification. Comment: One commenter stated that, and external floating roof gasoline For GDF, in the final rule we have because there are no initial performance storage tank according to the applicable clarified the compliance dates for GDF tests or compliance demonstrations for requirements in § 63.1063(a)(1) and (b), that only load gasoline into fuel tanks owners and operators subject to the except for the secondary seal other than those in motor vehicles, as control requirements in 40 CFR requirements under § 63.1063(a)(1)(i)(C) defined in 40 CFR 63.11132. We have 63.11117 (submerged fill), it is unclear and (D), and equip each external also added rule text in 40 CFR when the NOCS is due for these sources. floating roof gasoline storage tank 63.11124 5 stating that GDF that only The commenter stated that if it is EPA’s according to the requirements of load gasoline into fuel tanks other than intent for sources subject to the control § 63.1063(a)(2) if such storage tank does those in motor vehicles, as defined in 40 requirements in 40 CFR 63.11117 to not currently meet the requirements of CFR 63.11132, must submit Initial submit their NOCS within 60 days of § 63.1063(a)(1).’’ Notifications 6 by May 24, 2011. Those the compliance date, this should be sources include GDF that dispense expressly stated in the rule. 5. Monitoring of Submerged Fill gasoline into portable tanks or to end Response: We agree with the Loading Racks users other than motor vehicles, as recommendation made by the We proposed a clarification that the defined in 40 CFR 63.11132, and that commenter, and have included the 60- testing and monitoring provisions of 40 may not have considered themselves day timeframe for the submittal of the CFR 63.11092 in subpart BBBBBB do subject to the rule prior to the NOCS in 40 CFR 63.11124(a)(2), which not apply to bulk gasoline terminals clarification of the definition of GDF. now reads: ‘‘You must submit a with throughputs below the threshold Notification of Compliance Status to the 7. Notification of Compliance Status value of 250,000 gpd. We received no applicable EPA Regional office and the (NOCS) comments related to the proposed delegated State authority, as specified in clarification and have incorporated it In the January 10, 2008, final rule (40 § 63.13, within 60 days of the applicable into the final rule. CFR part 63, subpart CCCCCC), 40 CFR compliance date specified in § 63.11113, 63.11124(a)(2) and (b)(2) stated that the 6. Initial Notifications unless you meet the requirements in NOCS be submitted by the compliance paragraph (a)(3) of this section.’’ We did not propose revisions to the date specified in 40 CFR 63.11113. Initial Notification requirements, but we However, Table 3 indicates that the 8. Storage Tank Inspections did solicit comment on whether the NOCS should be submitted according to We received several questions from provisions, as written, including those the schedule specified in 40 CFR stakeholders regarding the specific in the General Provisions, are sufficient 63.9(h), which states that the NOCS is requirements for gasoline storage tank for accommodating all facilities who due 60 days following the compliance inspections under 40 CFR part 63, find it necessary to submit a revised demonstration. Stakeholders pointed subpart BBBBBB. However, we Notification or a new Notification as a out this inconsistency, and we proposed proposed to leave the gasoline storage result of amendments to the rule. revising the rule text in 40 CFR tank inspection requirements Comment: One commenter restated unchanged from the January 10, 2008, that EPA should clarify how newly- 5 40 CFR 63.11124(a)(1) applies to GDF with final rule. We received no comments subject sites should proceed with monthly throughput of 10,000 gallons of gasoline or related to this proposal, and have not submitting Initial Notifications. The more, and 40 CFR 63.11124(b)(1) applies to GDF with monthly throughput of 100,000 gallons of revised the gasoline storage tank commenter stated that, in the preamble, gasoline or more. As specified in 40 CFR inspection requirements. EPA states that newly-subject sites 63.11116(b), GDF with monthly throughput of less would have 120 days after the source than 10,000 gallons of gasoline are not required to 9. General Provisions Applicability becomes subject to the relevant standard submit notifications or reports, but must have We proposed to revise certain entries records available within 24 hours of a request by to submit the Initial Notification in the Administrator to document gasoline in Table 3 to 40 CFR part 63, subpart accordance with 40 CFR 63.9(b)(2). The throughput. BBBBBB, and Table 3 to 40 CFR part 63, commenter stated that 40 CFR 6 These notifications must include the following subpart CCCCCC, to eliminate 63.11124(a)(1) does not reference 40 information: The name and address of the owner or requirements related to startup, operator; the address (i.e., physical location) of the CFR 63.9(b)(2), however, and that affected source; an identification of the relevant shutdown, and malfunction (SSM) confuses the subject. They suggested standard, or other requirement, that is the basis of plans, which are not required under edits to 40 CFR 63.11124(a)(1) that the notification, and the source’s compliance date; these subparts. We proposed that in the would revise the first sentence to read: a brief description of the nature, size, design, and ‘‘applicability’’ column in Table 3 for ‘‘ method of operation of the source and an You must submit an Initial Notification identification of the types of emission points within each subpart, the entries for 40 CFR that you are subject to this subpart by the affected source subject to the relevant standard 63.7(e)(1), 63.8(c), and 63.10(b)(2)(i) May 9, 2008, or within 120 calendar and types of hazardous air pollutants emitted; and through (iv) be changed from ‘‘yes’’ to days after you become subject to a statement of whether the affected source is a ‘‘no.’’ Since proposal, we have identified major source or an area source. Notifications must § 63.11117, whichever is later, unless be submitted to the Administrator, the appropriate certain other provisions listed in Table you meet the requirements in paragraph Regional office, and the State, as specified in 40 3 to each subpart that are related to the (a)(3) of this section.’’ CFR 63.9. now vacated SSM provisions (Sierra

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Club v. EPA, 551 F 1019 (DC Cir., 2008), requirements. The commenter have revised the text of 40 CFR part 63, cert. denied, 130 S. Ct. 1735 (U.S. suggested, however, that EPA revise subpart CCCCCC accordingly. 2010)), and that warrant revision. Table 3 to clarify the Agency’s intent Comment: Commenters believe that Specifically, in the final rule, we have that facilities with gasoline throughput all sources should be subject to testing revised Table 3 to subpart BBBBBB to less than 10,000 gallons are not required requirements under 40 CFR part 63, specify that the following provisions do to submit any notifications or reports. subpart CCCCCC to ensure the not apply: 40 CFR 63.6(e)(1)(i) and (ii), The commenter stated that, as written, equipment is functioning properly, and 63.7(e)(1), 63.8(c)(1)(i) and (iii), Table 3 appears to require such facilities meeting compliance and manufacturer 63.10(b)(2)(i), (ii), (iv) and (v). We have to submit some notifications (such as specifications to insure equitable revised Table 3 to subpart CCCCCC to compliance certifications under 40 CFR treatment. One commenter notes that 40 specify that the following provisions do 63.9(h)). The commenter suggested that CFR 63.11120 states: ‘‘The second not apply: 40 CFR 63.6(e)(1)(i) and (ii), EPA include a statement in Table 3 that option (compliance under 63.7(e)(1), 63.8(c)(1)(i) and (iii), the requirements of 40 CFR part 63, § 63.11118(b)(2)) does not require the 63.10(b)(2)(i), (ii), (iv) and (v). We also subpart A do not apply to facilities only periodic testing in § 63.11120(a), but added language to both subparts subject to 40 CFR 63.11116. periodic testing may be required under BBBBBB and CCCCCC specifying that Response: We disagree with the State, local, or Tribal rule or permits.’’ owners or operators have a general duty commenter’s suggestion that Table 3 be The commenter believes this is a to minimize emissions and provisions revised to specifically note each problem as many GDF located in rural for recordkeeping and reporting of requirement that does not apply to GDF areas most likely not affected by existing periods of malfunctions of process that are subject only to the management State rules will be subject to expensive equipment, or air pollution control and practices in 40 CFR 63.11116. We have, testing requirements, while those monitoring equipment. however, revised the text in 40 CFR regulated in the urban areas and having As stated earlier, in the proposed 63.11116(b) to state that ‘‘you are not the most impact on sensitive amendments we proposed to change the required to submit notifications or populations may not be subject to ‘‘yes’’ to a ‘‘no’’ in the ‘‘applicability’’ reports as specified in § 63.11125, testing requirements, depending upon column of Table 3 in both subparts § 63.11126, or subpart A of this part.’’ State, local, or Tribal rule. The BBBBBB and CCCCCC for the following This text appears sufficient to exclude commenter stated that they feel the time provisions: 40 CFR 63.8(c)(1)(ii) and applicable sources from the General period for all sources to eventually 63.10(b)(2)(iii). We proposed these Provision requirements to submit become subject to testing requirements changes because we received comments notifications or reports. as ‘‘new’’ will produce an inequity from stakeholders that these provisions among the industry that may not make 10. Compliance Testing for GDF relate to SSM plans, which are not regulatory nor economic sense. The required under these rules. After further In the December 15, 2009, proposal, other commenter stated that it is the reviewing these provisions, we found we presented the results of our analysis older systems that are more prone to that these particular provisions are not of whether Bay Area Air Quality leakage because they lack many of the SSM-related; rather, these provisions Management District Source Test leak prevention features, such as address CMS equipment and Procedure ST–30, a test method for adaptors, that will not leak when maintenance of air pollution control and static pressure testing of a vapor balance loosened or over-tightened, as required monitoring equipment, respectively. system, could be accepted as an for the newer systems, yet they may Therefore, for subpart BBBBBB, we are alternative to the California Air never be tested. The commenter stated not making the proposed changes but Resources Board (CARB) 201.3 that if periodic testing is needed for instead will finalize Table 3 in subpart procedure required under 40 CFR newer systems to verify the BBBBBB to indicate a ‘‘yes’’ for the 63.11120(a)(2) of 40 CFR part 63, effectiveness of the vapor recovery applicability of these provisions. subpart CCCCCC. We found that the system, then it most surely is also Subpart CCCCCC does not have any original version of Bay Area ST–30 did needed for the older systems. The CMS requirements, so we will finalize not include procedures for testing the commenter noted that the components the ‘‘no’’ for 63.8(c)(1)(ii) and a ‘‘yes’’ for integrity of p/v valves installed on the that most often leak vapors from storage 63.10(b)(2)(iii) for the applicability of gasoline storage tanks, and, therefore, systems, such as the vapor adaptors, these provisions in Table 3 to subpart would not be an acceptable alternative spill containment manhole drain valves, CCCCCC. to CARB 201.3. However, we also found and p/v vent valves, are readily We also proposed amending the entry that the Bay Area Air Quality accessible from grade, and do not for 40 CFR 63.5 (submittal of Management District amended Bay Area require excavation to be repaired or construction/reconstruction ST–30 on December 21, 1994, to add the replaced. The commenter stated that notifications) in Table 3 to 40 CFR part p/v valve and p/v valve connections as keeping older systems vapor tight 63, subpart CCCCCC to state that the components of the system during the should be no more of a chore than requirements of 40 CFR 63.5 do not testing, and that CARB subsequently keeping the newer systems vapor tight. apply to facilities that are only subject issued a letter of equivalency stating Response: We did not propose any to 40 CFR 63.11116. The only control that Bay Area ST–30 was equivalent to change to the periodic testing requirements that these facilities are CARB 201.3. We proposed that Bay Area requirements for GDF in the December subject to are the Management Practices ST–30, as amended on December 21, 15, 2009, proposal, nor have we made specified in 40 CFR 63.11116; therefore, 1994, be considered to meet the any change in the final rule. Many the submittal of notifications is not requirements of subpart CCCCCC. facilities that are complying with State, necessary. We did not receive any We did not receive any comments local, or Tribal rules or permits, and comments on this proposed regarding our analysis of Bay Area ST– have chosen to comply with the amendment, and are finalizing the 30, or our proposal that it be allowed as compliance option under 40 CFR amendment as proposed. an alternative to CARB 201.3. Therefore, 63.11118(b)(2), will be required under Comment: One commenter supports in the final rule, we have incorporated the State, local, or Tribal rule or permit most of the revisions that EPA proposed Bay Area ST–30 by reference as an to perform some combination of relative to the General Provision allowable alternative test method, and periodic inspection and testing of the

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vapor balance systems. We do not want as applicable in the final rule. We The commenters stated that the item in to interfere with, or create unnecessary believe the commenter missed the point the affected source was ‘‘gasoline storage duplication of, the operation of these that the rule requires new sources and tanks,’’ but, through what EPA is State, local, or Tribal programs. existing sources that have to install a proposing, it has effectively become Additionally, over time, all will perform new vapor balance system to test that ‘‘tanks storing or processing gasoline or this testing because reconstructed GDF system at the time of installation. We any mixture that contains any amount of or new GDF starting up on or after continue to believe that is appropriate. gasoline.’’ The commenters pointed out January 10, 2008, will be subject to the that on page A–27 of EPA’s document, 11. Gasoline, Denatured Ethanol, and periodic testing under this rule. Documentation for Developing the Transmix Comment: We proposed adding a new Initial Source Category List-Final paragraph (e) to 40 CFR 63.11113 in 40 Several commenters submitted Report, EPA–450/3–91–030, July 1992, CFR part 63, subpart CCCCCC to specify comments regarding the relationship EPA clearly defines the Gasoline that new sources (installed after between the proposed definition of Distribution source category. They November 9, 2006) must test within 180 gasoline and the proposal that emissions further stated that EPA has not provided days after startup, and existing sources from the storage of denatured ethanol adequate notice and comment must conduct all performance tests and transmix be subject to the (including a cost- effectiveness within 180 days after the compliance standards. demonstration) justifying the expansion date (if installed on or before December Comments Related to the Definition of of this source category. The commenters 15, 2009), or upon installation of the Gasoline also stated that EPA repeatedly complete system (if installed after dismisses the third criterion of the December 15, 2009). We proposed this We proposed adding the definition of ‘‘gasoline’’ definition. The commenters new paragraph because the dates by gasoline to these subparts even though stated that, specifically, ethanol is not a which periodic tests should be the NSPS is cross-referenced in the ‘‘fuel for internal combustion engines.’’ conducted were not explicitly stated in definitions of 40 CFR part 63, subparts The commenters further stated that the January 10, 2008, final rule. One BBBBBB and 40 CFR part 63, subpart ethanol (even when denatured) cannot commenter believes that setting the CCCCCC. The proposed definition is as be directly consumed in an internal compliance date for existing facilities follows: ‘‘Gasoline means any petroleum combustion engine without true based on the December 15, 2009, date of distillate or petroleum distillate/alcohol gasoline to facilitate its combustion, and EPA’s proposed amendments adds an blend having a Reid vapor pressure of that these emission sources were not additional level of confusion and 27.6 kilopascals or greater, which is included among the emission sources complexity for affected GDF, and for used as a fuel for internal combustion for which the determination of a need delegated State agencies implementing engines.’’ We received no negative for a gasoline distribution area source and enforcing these regulations. The comments on incorporation of this rule were based, nor were they included commenter believes the performance definition, so the final rules include this in the evaluation of control measures for testing deadline for existing facilities definition. this rule. The commenters stated that should be consistent with the NESHAP Comments Related to Denatured Ethanol the inclusion of denatured ethanol in General Provisions, and with other the definition of gasoline will create NESHAP regulations. The commenter We stated in the preamble the significant regulatory burdens with little recommends that EPA revise the following (74 FR 66485): ‘‘[W]e are to no benefit for reducing the release of proposed amendments for 40 CFR proposing that any gasoline mixture HAP to the environment. One 63.11113(e)(2) to the following: with alcohol should be considered commenter also provided data ‘‘(2) For an existing affected source, gasoline, and be controlled under the supporting their claim that the proposed the initial compliance test must be current control requirements in subpart control of denatured ethanol tanks is not conducted no later than 180 days after BBBBBB and CCCCCC. We are asking cost-effective. the applicable compliance date for comment on including any mixture, The commenters further stated that if specified in paragraphs (b) or (c) of this on whether this level of control is EPA does extend the applicability of section.’’ appropriate, and if not, we are this rule to tanks storing denatured Response: The January 10, 2008, final requesting data on what level of control ethanol, then the required control rule and the December 15, 2009, of those emissions is appropriate.’’ We measure should be the same as specified proposed amendments contain a proposed that such mixtures should be in the proposed item 3 to Table 1 for requirement that facilities must test controlled the same as gasoline and surge control tanks, in that the their vapor balance systems ‘‘at the time asked for comment. requirements of Table 1, item 2 would of installation.’’ As explained in the Comment: Commenters stated that not be warranted for the de minimis preamble to the proposal (74 FR 66484, denatured ethanol does not meet the level of HAP involved. The commenters third column), the best time to perform definition of gasoline, and that it is not also stated that EPA should specify a the initial test of these systems is when appropriate to regulate denatured separate compliance period for tanks they are being installed. We recognize, ethanol under any NESHAP because it that would become subject to the rule however, that many facilities already contains only a de minimis solely by virtue of storing denatured have vapor balance systems installed, concentration of HAP. The commenters ethanol—allowing 3 years from the date and that not all of these systems may stated that non-gasoline sources in the of publication of the final amendments. have been tested at the time of petroleum liquids distribution system One commenter stated that if EPA installation. We proposed that these have been previously evaluated by EPA intended to propose an alternative systems must conduct their initial tests in the Organic Liquids Distribution definition for ‘‘gasoline,’’ EPA should within 180 days after the compliance (Non-Gasoline) source category, for have included the alternative definition date because we had failed to specify a which EPA determined that an area in the proposed rule amendments rather date in the final rule text, and because source rule was not warranted. The than simply mentioning its proposal in 180 days after the compliance date is commenters stated that this source the preamble. The commenter believes consistent with 40 CFR 63.7(a)(2) in the category was limited to gasoline that EPA should allow stakeholders a General Provisions that was referenced distribution (not ethanol or transmix). clear opportunity to comment on the

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specific definition or definitions that for Handling, Storing, and Dispensing sources (ILTA), transmix typically EPA is proposing. Second, the E85, put out by the United States contains between 35- and 65-percent commenter believes that it is important Department of Energy. The commenter gasoline and has a vapor pressure of to ensure consistency among standards stated that there can be significant about 2.5. Thus, transmix would not regulating gasoline (NSPS, major source problems if the proper materials are not typically meet the gasoline definition’s NESHAP, and area source NESHAP) and used, and if tanks that have been used vapor pressure criteria. However, to make certain that only the affected for other petroleum products are not because of the potential variability of source categories are regulated under 40 properly cleaned and proper the mixture, we cannot be sure that all CFR part 63, subpart BBBBBB and 40 components are not used. The transmix will be excluded by the vapor CFR part 63, subpart CCCCCC. commenter noted that CARB has pressure criteria of the definition.’’ The Response: As discussed above, we approved a number of Stage I systems commenters stated that, given this have finalized the definition of gasoline for E85, including an E85 p/v vent guidance, owners/operators of gasoline as proposed. Our intention was not to valve, and vapor and fill adaptors. distribution facilities believed, in good change the definition of gasoline, but Response: We agree with the faith, that transmix tanks would be instead to incorporate the established commenter that blends of gasoline and subject to the rule only if the vapor definition into these standards instead ethanol that are used as a fuel, and meet pressure of the mixture stored in the of simply referring to the definition in the definition of gasoline should be transmix tank exceeded the criterion other standards. subject to regulation when they are specified in the definition of gasoline, Commenters provided many reasons stored at gasoline distribution facilities. which is a Reid vapor pressure of 27.6 to support their position that emissions We also agree that owners or operators kilopascals (4 pounds per square inch). from the storage of denatured ethanol should follow appropriate procedures, The commenters also asserted that, in should not be regulated under 40 CFR and use appropriate materials when stating that they could not be sure that part 63, subpart BBBBBB or 40 CFR part storing and handling these blends. The all transmix would be excluded, EPA 63, subpart CCCCCC. We considered the purpose of these standards, however, is implicitly acknowledged that most comments, and agree that it is not to require the source category to reduce transmix would be excluded. The appropriate to include the storage of HAP emissions to the applicable level. commenters noted that the preamble to denatured ethanol in this source The emission standards are based on the proposed amendments stipulates category. Denatured ethanol does not consideration of the level of HAP that all transmix should be considered meet the definition of ‘‘gasoline’’ emissions from the affected sources and gasoline for purposes of the rule. One because it typically does not have ‘‘a the most appropriate control commenter stated that facilities should Reid vapor pressure of 27.6 kilopascals technologies that are available to reduce be allowed to test the transmix to or greater’’ and it is not ‘‘used as a fuel the emissions. These standards are not determine applicability to this rule. for internal combustion engines.’’ Thus, intended to provide specific guidance or The commenters also stated that, tanks storing denatured ethanol are not requirements on handling, storing, or given that this change in guidance has ‘‘gasoline storage tanks,’’ and, therefore, dispensing procedures that are the effect of extending the applicability not subject to subpart BBBBBB or unrelated to HAP emission reductions. of the rule to a population of transmix subpart CCCCCC. In addition, we Thus, we are not requiring handbook tanks that were previously understood determined that the potential guidance in the final rule. to not be subject to the rule, the fact that there had not been fair notice of this environmental benefit (HAP reduction) Comments Related to Transmix change, and the resulting requirement is minimal, and that the installation of We proposed in the preamble that for many of these tanks to be equipped storage tank controls (floating roofs) on because transmix contains various with internal floating roofs, EPA should a tank storing denatured ethanol concentrations of gasoline and other specify a separate compliance period for containing 5-percent gasoline is not products, to the degree that it would not transmix tanks—allowing 3 years from cost-effective.7 For these reasons, we be feasible to specify in advance the the date of publication of the final concluded that tanks storing denatured percentage and concentration of amendments. ethanol should not be included in the gasoline in the mixture, it should be Response: As in the case of denatured Gasoline Distribution source category; stored and considered gasoline for the ethanol discussed above, we received therefore, the final rule does not include purposes of these regulations. numerous comments regarding the the storage of denatured ethanol as an Comment: Commenters provided question of whether transmix should be affected source. comments on how the definition of included in the Gasoline Distribution Comments Related to the Handling of gasoline related to transmix. Their Area Source category and should be Gasoline-Ethanol Blends comments were essentially the same as subject to these standards. After those submitted on the topic of considering these comments, we Comment: One commenter expressed denatured ethanol related to the concluded that, while transmix does concern related to E85. The commenter definition of gasoline. Additionally, the contain gasoline, the mixture itself does thinks that specifically including E85 commenters referred to the December not meet all of the criteria specified in and other gasoline-ethanol blends is 19, 2007, memorandum, Summary of the final definition of ‘‘gasoline,’’ which very good and important. The Comments and Responses to Public is the focus of the source category. commenter suggested that it be required, Comments on November 9, 2006 Transmix is a mixture of gasoline and or at least recommended, that all Proposal for Gasoline Distribution Area other petroleum distillates that typically facilities that convert old tanks and Sources, Stephen A. Shedd to Kent C. contain between 35- and 65-percent Stage I systems for E85, or new tanks Hustvedt (December 2007 EPA Memo), gasoline, and, with the higher and Stage I systems follow the in which EPA stated: ‘‘The concentrations of gasoline, may have a guidelines in the July 2006, Handbook determination of whether transmix vapor pressure above the 27.6 kilopascal would or would not meet the definition threshold in the definition of ‘‘gasoline.’’ 7 We determined that the HAP cost-effectiveness ‘‘ of adding a floating roof to a typical tank storing of gasoline would depend on the ratio However, transmix is not used as a fuel denatured ethanol would be about $700,000 per of the individual products included in for internal combustion engines;’’ ton. the mixture. According to industry therefore, transmix does not meet the

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definition of ‘‘gasoline.’’ For these ‘‘§ 63.11094(b)(2)(i) through (viii)’’ rather Response: We considered the reasons, we concluded that tanks storing than to ‘‘§ 63.11094(b)(i) through (viii)’’ commenter’s recommendation and agree transmix should not be included in the as it appears in the proposal. that there is no reason to have two sets gasoline distribution area source Response: We agree with the of testing criteria that use nearly the category; therefore, the final rule does commenter that it is reasonable to same pressure test. However, 40 CFR not include the tanks storing transmix expect that the vapor tightness testing part 63, subpart BBBBBB (at 40 CFR as an affected source. requirements for cargo tanks at GDF 63.11092(f)) also requires a test under 12. Table 1 Requirements for ‘‘New’’ would be included in 40 CFR 63.11120, vacuum, while 40 CFR part 60, subpart Storage Tanks ‘‘What testing and monitoring XX does not. We also agree that there requirements must I meet?’’ We have would be no benefit to requiring that a We proposed rule text in 40 CFR part revised 40 CFR 63.11120 to include a cargo tank be tested twice to satisfy the 63, subpart CCCCCC to clarify that new paragraph (d) that cross-references testing requirements in subpart XX and ‘‘new’’ GDF storage tanks were those the vapor tightness testing requirements subpart BBBBBB (these requirements constructed after the November 9, 2006, found in 40 CFR 63.11092(f). are also referenced in 40 CFR part 63, publication of the proposed rule. We We also agree with the commenter subpart CCCCCC). We have added text received no comments related to the that proposed 40 CFR 63.11125(c) to 40 CFR 63.11092(f) specifying that proposed clarification and have contains a typographical error. The ‘‘facilities that are subject to subpart XX incorporated it into the final rule. citation included in the paragraph of 40 CFR part 60 may elect, after 13. Requirements for Gasoline should be to ‘‘§ 63.11094(b)(2)(i) through notification to the subpart XX delegated Containers (viii)’’ rather than to ‘‘§ 63.11094(b)(i) authority, to comply with paragraphs (f)(1) and (f)(2) of this section.’’ We proposed to add paragraph (d) to through (viii)’’ as it appears in the 40 CFR 63.11116 in 40 CFR part 63, proposal. We have corrected this error D. Comments Addressing Other subpart CCCCCC stating that ‘‘Portable in the final rule. Provisions That Were Not Proposed To gasoline containers that meet the Comment: Commenters requested Be Amended requirements of 40 CFR part 59, subpart clarification of the requirements for Comment: Commenters request that F, are considered acceptable for vapor tightness testing of gasoline cargo the language of item 1(c) in Table 2 to compliance with paragraph (a)(3) of this tanks. The commenters stated that the 40 CFR part 63, subpart BBBBBB be section.’’ We received no comments annual vapor tightness test specified in edited to clarify the intent. A similar related to the proposed clarification, 40 CFR part 63, subpart BBBBBB is provision in the Marine Tank Vessel and have incorporated it into the final nominally the same as that specified in Loading MACT rule specifies that the rule. 40 CFR part 60, subpart XX. They further stated that each of these rules is vapor collection system shall be 14. Cargo Tank Testing and understood to require pressurizing the designed to ‘‘prevent HAP vapors Documentation tank to 18 inches of water column, and collected at one loading berth from We proposed revising the definition each rule requires that the pressure drop passing through another loading berth to of ‘‘vapor-tight gasoline cargo tank’’ in in 5 minutes shall not exceed 3 inches the atmosphere.’’ Commenters assert 40 CFR part 63, subpart BBBBBB (and of water column. However, the that similar clarity could be brought to including the same definition in 40 CFR commenters stated that in subpart XX, this rule by editing this item to read as part 63, subpart CCCCCC) to change the the 18-inch water column pressure is follows: ‘‘Design and operate the vapor reference to the vapor tightness test approximated as 450 millimeter (mm) of collection system to prevent any TOC requirements from those found in 40 water, but in subpart BBBBBB it is vapors collected at one loading rack or CFR 60.501 (40 CFR part 60, subpart approximated as 460 mm of water. The lane from passing through another XX) to those found in 40 CFR commenters further stated that subpart loading rack or lane to the atmosphere.’’ 63.11092(f). The proposed definition XX specifies the limit on pressure drop Response: We have revised item 1(c) reads as follows: ‘‘vapor-tight gasoline as 75 mm of water, whereas subpart in Table 2 to 40 CFR part 63, subpart cargo tank means a gasoline cargo tank BBBBBB specifies 3 inches of water. BBBBBB, as recommended by the which has demonstrated within the 12 The commenters stated that the commenter. preceding months that it meets the preamble to the proposed amendments Comment: One commenter requested annual certification test requirements in characterize the subpart BBBBBB vapor clarification that the analyzer for § 63.11092(f).’’ tightness test requirements as being conducting monthly measurements of Comment: One commenter stated that different than the requirements the carbon outlet VOC concentration the most obvious and reasonable place specified in subpart XX, and the (from a carbon bed) can be permanently to look for the testing requirements for proposed amendments change the cited mounted (i.e., it need not be portable, as vapor tightness testing of cargo tanks at requirements in the definition of a stated in the rule at 40 CFR GDF would be in 40 CFR 63.11120. The vapor-tight gasoline cargo tank from 63.11092(b)(1)(i)(B)(1)(iii)). The commenter pointed out that 40 CFR those in 40 CFR 60.501 to those in 40 commenter stated that the subject 63.11120, which addresses all other CFR 63.11092(f). The commenters stated sentence in the final rule currently testing and monitoring requirements, that many facilities, however, will be reads: ‘‘Measurements shall be made fails to include anything about the vapor subject to both regulations and there is using a portable analyzer, in accordance tightness testing for cargo tanks. The no apparent benefit to testing a gasoline with 40 CFR part 60, Appendix A–7, commenter stated that, for clarity, the cargo tank twice for essentially the same EPA Method 21 for open-ended lines.’’ vapor tightness testing requirements for criteria. The commenters request that The commenter suggested that the cargo tanks should be added to 40 CFR EPA stipulate in subpart BBBBBB that phrase ‘‘or a permanently mounted 63.11120. The commenter also pointed compliance with the annual vapor analyzer’’ be inserted into the current out a typographical error in proposed 40 tightness testing specified in subpart rule language. CFR 63.11125(c). The commenter stated BBBBBB satisfies the annual vapor Response: We agree with the that the citation included in the tightness testing requirement of subpart commenter that it is not necessary that paragraph should be to XX. the analyzer be portable and have made

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the recommended revision in the final profit enterprise which is independently governments, on the relationship rule. owned and operated and is not between the Federal government and dominant in its field. Indian Tribes, or on the distribution of V. Statutory and Executive Order After considering the economic power and responsibilities between the Reviews impacts of these final amendments on Federal government and Indian Tribes. A. Executive Order 12866: Regulatory small entities, I certify that this action Thus, Executive Order 13175 does not Planning and Review will not have a significant economic apply to these final amendments. impact on a substantial number of small This action is not a ‘‘significant G. Executive Order 13045: Protection of entities. The final amendments do not regulatory action’’ under the terms of Children From Environmental Health impose any new requirement on small Executive Order 12866 (58 FR 51735, Risks and Safety Risks entities that are not currently required October 4, 1993) and is, therefore, not by the final rules (i.e., minimizing EPA interprets Executive Order 13045 subject to review under the Executive gasoline spills and evaporation). (62 FR 19885, April 23, 1997) as Order. applying to those regulatory actions that D. Unfunded Mandates Reform Act B. Paperwork Reduction Act concern health or safety risks, such that (UMRA) the analysis required under section 5– This action does not impose any new These final amendments do not 501 of the Executive Order has the information collection burden. The final contain a Federal mandate that may potential to influence the regulation. amendments clarify, but do not add result in expenditures of $100 million or This action is not subject to Executive requirements that increase the more for State, local, and Tribal Order 13045 because it is based solely collection burden. The information governments, in the aggregate, or the on technology performance. collection requirements contained in the private sector in any one year. These H. Executive Order 13211: Actions existing regulations at 40 CFR part 63, final amendments clarify certain Concerning Regulations That subpart BBBBBB and 40 CFR part 63, provisions and correct typographical Significantly Affect Energy Supply, subpart CCCCCC were sent to the Office errors in the rule text for a rule EPA Distribution, or Use of Management and Budget (OMB) for previously determined did not include approval under the provisions of the a Federal mandate that may result in an These final amendments are not Paperwork Reduction Act, 44 U.S.C. estimated cost of $100 million or more subject to Executive Order 13211 (66 FR 3501, et seq. OMB approved Information (69 FR 5061, February 3, 2004). Thus, 18355, May 22, 2001) because they are Collection Request (ICR) 2237.02— the final amendments are not subject to not a significant energy action under NESHAP for Source Categories: the requirements of sections 202 or 205 Executive Order 12866. Gasoline Distribution Bulk Terminals, of UMRA. Bulk Plants, and Pipeline Facilities; and I. National Technology Transfer and The final amendments are also not Advancement Act Gasoline Dispensing Facilities (40 CFR subject to the requirements of section part 63, subpart BBBBBB and 40 CFR 203 of UMRA because they contain no Section 12(d) of the National part 63, subpart CCCCCC) (Final Rule) regulatory requirements that might Technology Transfer and Advancement and assigned OMB control number significantly or uniquely affect small Act of 1995 (NTTAA), Public Law 104– 2060–0620. This ICR was approved by governments. The final amendments 113, 12(d) (15 U.S.C. 272 note) directs OMB without change. The OMB control clarify certain provisions and correct EPA to use voluntary consensus numbers for EPA regulations in 40 CFR typographical errors in the rule text; standards (VCS) in its regulatory are listed in 40 CFR part 9. We are thus, they should not affect small activities unless to do so would be amending 40 CFR part 9 to add the OMB governments. inconsistent with applicable law or control numbers for these rules. otherwise impractical. VCS are E. Executive Order 13132: Federalism technical standards (e.g., materials C. Regulatory Flexibility Act These final amendments do not have specifications, test methods, sampling The Regulatory Flexibility Act (RFA) federalism implications. They will not procedures, and business practices) that generally requires an agency to prepare have substantial direct effects on the are developed or adopted by VCS a regulatory flexibility analysis of any States, on the relationship between the bodies. NTTAA directs EPA to provide rule subject to notice and comment national government and the States, or Congress, through OMB, explanations rulemaking requirements under the on the distribution of power and when the Agency decides not to use Administrative Procedure Act, or any responsibilities among the various available and applicable VCS. other statute unless the Agency certifies levels of government, as specified in The final amendments involve that the rule will not have a significant Executive Order 13132. They provide technical standards. In the final rule economic impact on a substantial clarification and correct typographical promulgated on January 10, 2008 (73 FR number of small entities. Small entities errors. These changes do not modify 1916), we considered NTTAA. Since include small businesses, small existing, or create new responsibilities then, an additional standard was organizations, and small governmental among EPA Regional Offices, States, or presented by stakeholders. The EPA has jurisdictions. local enforcement agencies. Thus, decided to use that additional standard, For purposes of assessing the impacts Executive Order 13132 does not apply as discussed in section IV.C.10 of this of the final amendments on small to these final amendments. preamble, entitled ‘‘Bay Area Air entities, small entity is defined as: (1) A Quality Management District Source small business as defined by the Small F. Executive Order 13175: Consultation Test Procedure ST–30—Static Pressure Business Administration’s regulations at and Coordination With Indian Tribal Integrity Test, Underground Storage 13 CFR 121.201; (2) a small Governments Tanks,’’ adopted November 30, 1983, governmental jurisdiction that is a These final amendments do not have and amended December 21, 1994. The government of a city, county, town, Tribal implications, as specified in test method will be incorporated by school district or special district with a Executive Order 13175 (65 FR 67249, reference (see 40 CFR 63.14). This population of less than 50,000; or (3) a November 9, 2000). They will not have method is available at http:// small organization that is any not-for- substantial direct effects on Tribal www.arb.ca.gov/DRDB/BA/CURHTML/

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ST/st30.pdf, or from the Bay Area Air K. Congressional Review Act Reporting and recordkeeping Quality Management District, 939 Ellis The Congressional Review Act, 5 requirements. Street, San Francisco, California 94109. U.S.C. 801, et seq., as added by the Dated: January 10, 2011. J. Executive Order 12898: Federal Small Business Regulatory Enforcement Lisa P. Jackson, Actions To Address Environmental Fairness Act of 1996, generally provides Administrator. Justice in Minority Populations and that before a rule may take effect, the For the reasons set out in the agency promulgating the rule must Low-Income Populations preamble, parts 9 and 63 of title 40, submit a rule report, which includes a chapter I, of the Code of Federal copy of the rule, to each House of the Executive Order 12898 (59 FR 7629, Regulations are amended as follows: February 16, 1994) establishes Federal Congress and to the Comptroller General executive policy on environmental of the United States. EPA will submit a PART 9—[AMENDED] justice. Its main provision directs report containing these final Federal agencies, to the greatest extent amendments and other required ■ 1. The authority citation for part 9 information to the United States Senate, practicable and permitted by law, to continues to read as follows: the United States House of make environmental justice part of their Representatives, and the Comptroller Authority: 7 U.S.C. 135, et seq., 136–136y; mission by identifying and addressing, 15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671; General of the United States prior to 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33 as appropriate, disproportionately high publication of the final amendments in and adverse human health or U.S.C. 1251, et seq., 1311, 1313d, 1314, 1321, the Federal Register. A major rule 1326, 1330, 1344, 1345(d) and (e), 1361; E.O. environmental effects of their programs, cannot take effect until 60 days after it 11735, 38 FR 21243, 3 CFR 1971–1975 policies, and activities on minority is published in the Federal Register. Comp., p. 973; 42 U.S.C. 241, 242b, 243, 246, populations and low-income This action is not a ‘‘major rule’’ as 300f, 300g, 300g–1, 300g–2, 300g–3, 300g–4, populations in the United States. defined by 5 U.S.C. 804(2). These final 300g–5, 300g–6, 300j–1, 300j–2, 300j–3, 300j– amendments will be effective on 4, 300j–9, 1857, et seq., 6901–6992k, 7401– EPA has determined that these final 7671q, 7542, 9601–9657, 11023, 11048. amendments will not have January 24, 2011. disproportionately high and adverse List of Subjects ■ 2. The table in § 9.1 is amended by human health or environmental effects adding the following entries in on minority or low-income populations 40 CFR Part 9 numerical order under the undesignated because they do not affect the level of Environmental protection, Reporting center heading ‘‘National Emission protection provided to human health or and recordkeeping requirements. Standards for Hazardous Air Pollutants the environment. These final 40 CFR Part 63 for Source Categories’’ to read as amendments do not relax the control follows: Environmental protection, measures on sources regulated by the Administrative practice and procedure, § 9.1 OMB approvals under the Paperwork rule and will not cause emissions Air pollution control, Incorporation by Reduction Act increases from these sources. reference, Intergovernmental relations, * * * * *

40 CFR citation OMB control No.

******* National Emission Standards for Hazardous Air Pollutants for Source Categories 3

******* 63.11080–63.11100 ...... 2060–0620 63.11110–63.11132 ...... 2060–0620

******* 3 The ICRs referenced in this section of the table encompass the applicable General Provisions contained in 40 CFR part 63, subpart A, which are not independent information collection requirements.

* * * * * following Web site: http:// § 63.11081 Am I subject to the www.arb.ca.gov/DRDB/BA/CURHTML/ requirements in this subpart? PART 63—[AMENDED] ST/st30.pdf. * * * * * (c) Gasoline storage tanks that are ■ 3. The authority citation for part 63 (1) ‘‘BAAQMD Source Test Procedure located at affected sources identified in continues to read as follows: ST–30—Static Pressure Integrity Test, paragraphs (a)(1) through (a)(4) of this Authority: 42 U.S.C. 7401, et seq. Underground Storage Tanks,’’ adopted November 30, 1983, and amended section, and that are used only for dispensing gasoline in a manner ■ 4. Section 63.14 is amended by adding December 21, 1994, IBR approved for consistent with tanks located at a new paragraph (o) to read as follows: § 63.11120(a)(2)(iii). gasoline dispensing facility as defined § 63.14 Incorporations by reference. (2) [Reserved] in § 63.11132, are not subject to any of * * * * * the requirements in this subpart. These (o) The following material is available Subpart BBBBBB—[AMENDED] tanks must comply with subpart from the Bay Area Air Quality CCCCCC of this part. Management District (BAAQMD), 939 ■ 5. Section 63.11081 is amended by (d) The loading of aviation gasoline Ellis Street, San Francisco, California adding paragraphs (c) through (j) to read into storage tanks at airports, and the 94109, and is also available at the as follows: subsequent transfer of aviation gasoline

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within the airport, is not subject to this § 63.11082(d), recordkeeping to is the greatest distance from the bottom subpart. document applicable throughput must of the storage tank. (e) The loading of gasoline into begin on January 10, 2008. Records (1) Submerged fill pipes installed on marine tank vessels at bulk facilities is required under this paragraph shall be or before November 9, 2006, must be no not subject to this subpart. kept for a period of 5 years. more than 12 inches from the bottom of (f) If your affected source’s throughput ■ 6. Section 63.11083 is amended by the tank. ever exceeds an applicable throughput revising paragraph (c) to read as follows: (2) Submerged fill pipes installed after threshold in the definition of ‘‘bulk November 9, 2006, must be no more gasoline terminal’’ or in item 1 in Table § 63.11083 When do I have to comply with than 6 inches from the bottom of the 2 to this subpart, the affected source this subpart? tank. will remain subject to the requirements * * * * * (3) Submerged fill pipes not meeting for sources above the threshold, even if (c) If you have an existing affected the specifications of paragraphs (a)(1) or the affected source throughput later falls source that becomes subject to the (a)(2) of this section are allowed if the below the applicable throughput control requirements in this subpart owner or operator can demonstrate that threshold. because of an increase in the daily the liquid level in the gasoline storage (g) For the purpose of determining throughput, as specified in option 1 of tank is always above the entire opening gasoline throughput, as used in the Table 2 to this subpart, you must of the fill pipe. Documentation definition of bulk gasoline plant and comply with the standards in this providing such demonstration must be bulk gasoline terminal, the 20,000 subpart no later than 3 years after the made available for inspection by the gallons per day threshold throughput is affected source becomes subject to the Administrator’s delegated representative the maximum calculated design control requirements in this subpart. during the course of a site visit. throughout for any day, and is not an ■ 7. A new § 63.11085 is added (b) Gasoline storage tanks with a average. An enforceable State, local, or following the Emission Limitations and capacity of less than 250 gallons are not Tribal permit limitation on throughput, Management Practices heading to read required to comply with the control established prior to the applicable as follows: requirements in paragraph (a) of this compliance date, may be used in lieu of section, but must comply only with the the 20,000 gallons per day design § 63.11085 What are my general duties to minimize emissions? requirements in paragraph (d) of this capacity throughput threshold to section. determine whether the facility is a bulk Each owner or operator of an affected gasoline plant or a bulk gasoline source under this subpart must comply * * * * * terminal. with the requirements of paragraphs (a) ■ 9. Section 63.11092 is amended by: (h) Storage tanks that are used to load and (b) of this section. ■ a. Revising paragraph (a) introductory gasoline into a cargo tank for the on-site (a) You must, at all times, operate and text; redistribution of gasoline to another maintain any affected source, including ■ b. Revising paragraph (b) introductory storage tank are subject to this subpart. associated air pollution control text; (i) For any affected source subject to equipment and monitoring equipment, ■ c. Revising paragraph (b)(1) the provisions of this subpart and in a manner consistent with safety and introductory text; another Federal rule, you may elect to good air pollution control practices for ■ d. Revising paragraph comply only with the more stringent minimizing emissions. Determination of (b)(1)(i)(B)(1)(iii); provisions of the applicable subparts. whether such operation and ■ e. Revising paragraph (b)(1)(i)(B)(2)(ii); You must consider all provisions of the maintenance procedures are being used ■ f. Revising paragraph rules, including monitoring, will be based on information available (b)(1)(i)(B)(2)(iii); recordkeeping, and reporting. You must to the Administrator, which may ■ g. Revising paragraph (b)(1)(iii)(B)(1); identify the affected source and include, but is not limited to, ■ h. Revising paragraph provisions with which you will comply monitoring results, review of operation (b)(1)(iii)(B)(2)(ii); in your Notification of Compliance and maintenance procedures, review of ■ i. Revising paragraph Status required under § 63.11093. You operation and maintenance records, and (b)(1)(iii)(B)(2)(iii); also must demonstrate in your inspection of the source. ■ j. Revising paragraph (f) introductory Notification of Compliance Status that (b) You must keep applicable records text; and each provision with which you will and submit reports as specified in ■ k. Adding a new paragraph (g) to read comply is at least as stringent as the § 63.11094(g) and § 63.11095(d). as follows: otherwise applicable requirements in ■ 8. Section 63.11086 is amended by this subpart. You are responsible for § 63.11092 What testing and monitoring revising paragraphs (a) and (b) to read requirements must I meet? making accurate determinations as follows: concerning the more stringent (a) Each owner or operator of a bulk provisions; noncompliance with this § 63.11086 What requirements must I meet gasoline terminal subject to the rule is not excused if it is later if my facility is a bulk gasoline plant? emission standard in item 1(b) of Table determined that your determination was * * * * * 2 to this subpart must comply with the in error, and, as a result, you are (a) Except as specified in paragraph requirements in paragraphs (a) through violating this subpart. Compliance with (b) of this section, you must only load (d) of this section. this rule is your responsibility, and the gasoline into storage tanks and cargo * * * * * Notification of Compliance Status does tanks at your facility by utilizing (b) Each owner or operator of a bulk not alter or affect that responsibility. submerged filling, as defined in gasoline terminal subject to the (j) For new or reconstructed affected § 63.11100, and as specified in provisions of this subpart shall install, sources, as specified in § 63.11082(b) paragraphs (a)(1), (a)(2), or (a)(3) of this calibrate, certify, operate, and maintain, and (c), recordkeeping to document section. The applicable distances in according to the manufacturer’s applicable throughput must begin upon paragraphs (a)(1) and (2) of this section specifications, a continuous monitoring startup of the affected source. For shall be measured from the point in the system (CMS) while gasoline vapors are existing sources, as specified in opening of the submerged fill pipe that displaced to the vapor processor

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systems, as specified in paragraphs negative parameter value to indicate process and air pollution control and (b)(1) through (5) of this section. For that the pilot flame is off. monitoring equipment to its normal or each facility conducting a performance * * * * * usual manner of operation. test under paragraph (a)(1) of this (2) *** ■ 11. Section 63.11095 is amended by section, and for each facility utilizing (ii) The owner or operator shall verify, adding a new paragraph (a)(4) and a the provisions of paragraphs (a)(2) or during each day of operation of the new paragraph (d) to read as follows: (a)(3) of this section, the CMS must be loading rack, the proper operation of the installed by January 10, 2011. assist-air blower and the vapor line § 63.11095 What are my reporting (1) For each performance test valve. Verification shall be through requirements? conducted under paragraph (a)(1) of this visual observation, or through an (a) * * * section, the owner or operator shall automated alarm or shutdown system (4) For storage vessels complying with determine a monitored operating that monitors system operation. A § 63.11087(b) after January 10, 2011, the parameter value for the vapor manual or electronic record of the start storage vessel’s Notice of Compliance processing system using the procedures and end of a shutdown event may be Status information can be included in specified in paragraphs (b)(1)(i) through used. the next semi-annual compliance report (iv) of this section. During the (iii) The owner or operator shall in lieu of filing a separate Notification performance test, continuously record perform semi-annual preventive of Compliance Status report under the operating parameter as specified maintenance inspections of the thermal § 63.11093. under paragraphs (b)(1)(i) through (iv) of oxidation system, including the * * * * * this section. automated alarm or shutdown system (d) Each owner or operator of an (i) * * * for those units so equipped, according affected source under this subpart shall (B) * * * to the recommendations of the submit a semiannual report including (1) *** manufacturer of the system. the number, duration, and a brief (iii) Conduct monthly measurements * * * * * description of each type of malfunction of the carbon bed outlet volatile organic (f) The annual certification test for which occurred during the reporting compounds (VOC) concentration over gasoline cargo tanks shall consist of the period and which caused or may have the last 5 minutes of an adsorption cycle test methods specified in paragraphs caused any applicable emission for each carbon bed, documenting the (f)(1) or (f)(2) of this section. Affected limitation to be exceeded. The report highest measured VOC concentration. facilities that are subject to subpart XX must also include a description of Measurements shall be made using a of 40 CFR part 60 may elect, after actions taken by an owner or operator portable analyzer, or a permanently notification to the subpart XX delegated during a malfunction of an affected mounted analyzer, in accordance with authority, to comply with paragraphs source to minimize emissions in 40 CFR part 60, Appendix A–7, EPA (f)(1) and (2) of this section. accordance with § 63.11085(a), Method 21 for open-ended lines. * * * * * including actions taken to correct a (2) *** (g) Conduct of performance tests. malfunction. The report may be (ii) The owner or operator shall verify, Performance tests conducted for this submitted as a part of the semiannual during each day of operation of the subpart shall be conducted under such compliance report, if one is required. loading rack, the proper valve conditions as the Administrator Owners or operators of affected bulk sequencing, cycle time, gasoline flow, specifies to the owner or operator, based plants and pipeline pumping stations purge air flow, and operating on representative performance (i.e., are not required to submit reports for temperatures. Verification shall be performance based on normal operating periods during which no malfunctions through visual observation, or through conditions) of the affected source. Upon occurred. an automated alarm or shutdown system request, the owner or operator shall ■ 12. Section 63.11100 is amended by: that monitors system operation. A make available to the Administrator ■ a. Adding, in alphabetical order, new manual or electronic record of the start such records as may be necessary to definitions of ‘‘gasoline,’’ ‘‘gasoline and end of a shutdown event may be determine the conditions of storage tank or vessel,’’ and ‘‘surge used. performance tests. control tank or vessel’’; and (iii) The owner or operator shall ■ 10. Section 63.11094 is amended by ■ b. Revising the definitions of ‘‘bulk perform semi-annual preventive adding a new paragraph (g) to read as gasoline plant,’’ ‘‘pipeline pumping maintenance inspections of the carbon follows: station,’’ and ‘‘vapor-tight gasoline cargo adsorption system, including the tank’’ to read as follows: § 63.11094 What are my recordkeeping automated alarm or shutdown system requirements? § 63.11100 What definitions apply to this for those units so equipped, according subpart? to the recommendations of the * * * * * (g) Each owner or operator of an * * * * * manufacturer of the system. affected source under this subpart shall Bulk gasoline plant means any * * * * * keep records as specified in paragraphs gasoline storage and distribution facility (iii) * * * (g)(1) and (2) of this section. that receives gasoline by pipeline, ship (B) * * * (1) Records of the occurrence and or barge, or cargo tank, and (1) The presence of a thermal duration of each malfunction of subsequently loads the gasoline into oxidation system pilot flame shall be operation (i.e., process equipment) or gasoline cargo tanks for transport to monitored using a heat-sensing device, the air pollution control and monitoring gasoline dispensing facilities, and has a such as an ultraviolet beam sensor or a equipment. gasoline throughput of less than 20,000 thermocouple, installed in proximity of (2) Records of actions taken during gallons per day. Gasoline throughput the pilot light, to indicate the presence periods of malfunction to minimize shall be the maximum calculated design of a flame. The heat-sensing device shall emissions in accordance with throughput as may be limited by send a positive parameter value to § 63.11085(a), including corrective compliance with an enforceable indicate that the pilot flame is on, or a actions to restore malfunctioning condition under Federal, State, or local

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law, and discoverable by the (2) Subsurface caverns or porous rock storage tanks other than surge control Administrator and any other person. reservoirs; tanks. * * * * * (3) Oil/water separators and sumps, * * * * * Gasoline means any petroleum including butane blending sample Surge control tank or vessel means, distillate or petroleum distillate/alcohol recovery tanks, used to collect drained for the purposes of this subpart, those blend having a Reid vapor pressure of material such that it can be pumped to tanks or vessels used only for 27.6 kilopascals or greater, which is storage or back into a process; or controlling pressure in a pipeline used as a fuel for internal combustion system during surges or other variations engines. (4) Tanks or vessels permanently from normal operations. attached to mobile sources such as * * * * * * * * * * trucks, railcars, barges, or ships. Gasoline storage tank or vessel means Vapor-tight gasoline cargo tank means each tank, vessel, reservoir, or container * * * * * a gasoline cargo tank which has used for the storage of gasoline, but does Pipeline pumping station means a demonstrated within the 12 preceding not include: facility along a pipeline containing months that it meets the annual (1) Frames, housing, auxiliary pumps to maintain the desired pressure certification test requirements in supports, or other components that are and flow of product through the § 63.11092(f). not directly involved in the containment pipeline, and not containing gasoline ■ 13. Table 1 to Subpart BBBBBB of Part of gasoline or gasoline vapors; 63 is revised to read as follows:

TABLE 1 TO SUBPART BBBBBB OF PART 63—APPLICABILITY CRITERIA, EMISSION LIMITS, AND MANAGEMENT PRACTICES FOR STORAGE TANKS

If you own or operate . . . Then you must . . .

1. A gasoline storage tank meeting either of the following conditions: Equip each gasoline storage tank with a fixed roof that is mounted to (i) a capacity of less than 75 cubic meters (m3); or the storage tank in a stationary manner, and maintain all openings in (ii) a capacity of less than 151 m3 and a gasoline throughput of 480 a closed position at all times when not in use. gallons per day or less. Gallons per day is calculated by summing the current day’s throughput, plus the throughput for the previous 364 days, and then dividing that sum by 365. 2. A gasoline storage tank with a capacity of greater than or equal to Do the following: 75 m3 and not meeting any of the criteria specified in item 1 of this (a) Reduce emissions of total organic HAP or TOC by 95 weight-per- Table. cent with a closed vent system and control device, as specified in § 60.112b(a)(3) of this chapter; or (b) Equip each internal floating roof gasoline storage tank according to the requirements in § 60.112b(a)(1) of this chapter, except for the secondary seal requirements under § 60.112b(a)(1)(ii)(B) and the re- quirements in § 60.112b(a)(1)(iv) through (ix) of this chapter; and (c) Equip each external floating roof gasoline storage tank according to the requirements in § 60.112b(a)(2) of this chapter, except that the requirements of § 60.112b(a)(2)(ii) of this chapter shall only be required if such storage tank does not currently meet the requirements of § 60.112b(a)(2)(i) of this chapter; or (d) Equip and operate each internal and external floating roof gaso- line storage tank according to the applicable requirements in § 63.1063(a)(1) and (b), except for the secondary seal requirements under § 63.1063(a)(1)(i)(C) and (D), and equip each external floating roof gasoline storage tank according to the requirements of § 63.1063(a)(2) if such storage tank does not currently meet the re- quirements of § 63.1063(a)(1). 3. A surge control tank ...... Equip each tank with a fixed roof that is mounted to the tank in a sta- tionary manner and with a pressure/vacuum vent with a positive cracking pressure of no less than 0.50 inches of water. Maintain all openings in a closed position at all times when not in use.

■ 14. Table 2 to Subpart BBBBBB of Part 63 is revised to read as follows:

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TABLE 2 TO SUBPART BBBBBB OF PART 63—APPLICABILITY CRITERIA, EMISSION LIMITS, AND MANAGEMENT PRACTICES FOR LOADING RACKS

If you own or operate . . . Then you must . . .

1. A bulk gasoline terminal loading rack(s) with a gasoline throughput (a) Equip your loading rack(s) with a vapor collection system designed (total of all racks) of 250,000 gallons per day, or greater. Gallons per to collect the TOC vapors displaced from cargo tanks during product day is calculated by summing the current day’s throughput, plus the loading; and throughput for the previous 364 days, and then dividing that sum by (b) Reduce emissions of TOC to less than or equal to 80 mg/l of gaso- 365. line loaded into gasoline cargo tanks at the loading rack; and (c) Design and operate the vapor collection system to prevent any TOC vapors collected at one loading rack or lane from passing through another loading rack or lane to the atmosphere; and (d) Limit the loading of gasoline into gasoline cargo tanks that are vapor tight using the procedures specified in § 60.502(e) through (j) of this chapter. For the purposes of this section, the term ‘‘tank truck’’ as used in § 60.502(e) through (j) of this chapter means ‘‘cargo tank’’ as defined in § 63.11100. 2. A bulk gasoline terminal loading rack(s) with a gasoline throughput (a) Use submerged filling with a submerged fill pipe that is no more (total of all racks) of less than 250,000 gallons per day. Gallons per than 6 inches from the bottom of the cargo tank; and day is calculated by summing the current day’s throughput, plus the (b) Make records available within 24 hours of a request by the Admin- throughput for the previous 364 days, and then dividing that sum by istrator to document your gasoline throughput. 365.

■ 15. Table 3 to Subpart BBBBBB of Part ■ d. Revising entry 63.7(e)(3); ■ i. Adding entries 63.10(b)(2)(i), 63 is amended by: ■ e. Removing entry 63.8(c)(1)(i)–(iii); 63.10(b)(2)(ii), 63.10(b)(2)(iii), ■ a. Removing entry 63.6(e)(1); ■ f. Adding entries 63.8(c)(1)(i), (c)(1)(ii) 63.10(b)(2)(iv), and 63.10(b)(2)(v); and ■ b. Adding entries 63.6(e)(1)(i) and and 63.8(c)(1)(iii); ■ j. Revising entry 63.10(d)(5) to read as 63.6(e)(1)(ii); ■ g. Revising entry 63.9(h)(1)-(6); ■ c. Revising entry 63.7(e)(1); ■ h. Removing entry 63.10(b)(2)(i)–(iv); follows:

TABLE 3 TO SUBPART BBBBBB OF PART 63—APPLICABILITY OF GENERAL PROVISIONS

Citation Subject Brief description Applies to subpart BBBBBB

******* 63.6(e)(1)(i) ...... General duty to minimize Operate to minimize emissions at all times; No. See § 63.11085 for general duty require- emissions. information Administrator will use to deter- ment. mine if operation and maintenance re- quirements were met. 63.6(e)(1)(ii) ...... Requirement to correct mal- Owner or operator must correct malfunctions No. functions as soon as pos- as soon as possible. sible.

******* 63.7(e)(1) ...... Conditions for Conducting Performance test must be conducted under No, § 63.11092(g) specifies conditions for Performance Tests. representative conditions. conducting performance tests.

******* § 63.7(e)(3) ...... Test Run Duration ...... Must have three test runs of at least 1 hour Yes, except for testing conducted under each; compliance is based on arithmetic § 63.11092(a). mean of three runs; conditions when data from an additional test run can be used.

******* § 63.8(c)(1)(i) ...... Operation and Maintenance Must maintain and operate each CMS as No. of CMS. specified in § 63.6(e)(1). § 63.8(c)(1)(ii) ...... Operation and Maintenance Must keep parts for routine repairs readily Yes. of CMS. available. § 63.8(c)(1)(iii) ...... Operation and Maintenance Requirement to develop SSM Plan for CMS No. of CMS.

******* § 63.9(h)(1)–(6) .... Notification of Compliance Contents due 60 days after end of perform- Yes, except as specified in § 63.11095(a)(4); Status. ance test or other compliance demonstra- also, there are no opacity standards. tion, except for opacity/VE, which are due 30 days after; when to submit to Federal vs. State authority.

******* § 63.10(b)(2)(i) ..... Records related to SSM ...... Recordkeeping of occurrence and duration No. of startups and shutdowns.

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TABLE 3 TO SUBPART BBBBBB OF PART 63—APPLICABILITY OF GENERAL PROVISIONS—Continued

Citation Subject Brief description Applies to subpart BBBBBB

§ 63.10(b)(2)(ii) ..... Records related to SSM ...... Recordkeeping of malfunctions ...... No. See § 63.11094(g) for recordkeeping of (1) occurrence and duration and (2) ac- tions taken during malfunction. § 63.10(b)(2)(iii) .... Maintenance records ...... Recordkeeping of maintenance on air pollu- Yes. tion control and monitoring equipment. § 63.10(b)(2)(iv) .... Records Related to SSM ...... Actions taken to minimize emissions during No. SSM. § 63.10(b)(2)(v) .... Records Related to SSM ...... Actions taken to minimize emissions during No. SSM.

******* § 63.10(d)(5) ...... SSM Reports ...... Contents and submission ...... No. See § 63.11095(d) for malfunction re- porting requirements.

*******

Subpart CCCCCC—[AMENDED] (i) If your affected source’s throughput § 63.11113 When do I have to comply with ever exceeds an applicable throughput this subpart? ■ 16. Section 63.11111 is amended by: threshold, the affected source will * * * * * ■ a. Revising paragraph (e); remain subject to the requirements for (c) If you have an existing affected ■ b. Revising paragraph (g); and sources above the threshold, even if the source that becomes subject to the ■ c. Adding new paragraphs (h) through affected source throughput later falls control requirements in this subpart (k) to read as follows: below the applicable throughput because of an increase in the monthly threshold. throughput, as specified in § 63.11111(c) § 63.11111 Am I subject to the (j) The dispensing of gasoline from a or § 63.11111(d), you must comply with requirements in this subpart? fixed gasoline storage tank at a GDF into the standards in this subpart no later * * * * * a portable gasoline tank for the on-site than 3 years after the affected source (e) An affected source shall, upon delivery and subsequent dispensing of becomes subject to the control request by the Administrator, the gasoline into the fuel tank of a motor requirements in this subpart. demonstrate that their monthly vehicle or other gasoline-fueled engine * * * * * throughput is less than the 10,000- or equipment used within the area (e) The initial compliance gallon or the 100,000-gallon threshold source is only subject to § 63.11116 of demonstration test required under level, as applicable. For new or this subpart. § 63.11120(a)(1) and (2) must be reconstructed affected sources, as (k) For any affected source subject to conducted as specified in paragraphs specified in § 63.11112(b) and (c), the provisions of this subpart and (e)(1) and (2) of this section. recordkeeping to document monthly another Federal rule, you may elect to (1) If you have a new or reconstructed throughput must begin upon startup of comply only with the more stringent affected source, you must conduct the the affected source. For existing sources, provisions of the applicable subparts. initial compliance test upon installation as specified in § 63.11112(d), You must consider all provisions of the of the complete vapor balance system. recordkeeping to document monthly rules, including monitoring, (2) If you have an existing affected throughput must begin on January 10, recordkeeping, and reporting. You must source, you must conduct the initial 2008. For existing sources that are identify the affected source and compliance test as specified in subject to this subpart only because they provisions with which you will comply paragraphs (e)(2)(i) or (e)(2)(ii) of this load gasoline into fuel tanks other than in your Notification of Compliance section. those in motor vehicles, as defined in Status required under § 63.11124. You (i) For vapor balance systems installed § 63.11132, recordkeeping to document also must demonstrate in your on or before December 15, 2009, you monthly throughput must begin on Notification of Compliance Status that must test no later than 180 days after the January 24, 2011. Records required each provision with which you will applicable compliance date specified in under this paragraph shall be kept for a comply is at least as stringent as the paragraphs (b) or (c) of this section. (ii) For vapor balance systems period of 5 years. otherwise applicable requirements in installed after December 15, 2009, you this subpart. You are responsible for * * * * * must test upon installation of the making accurate determinations (g) The loading of aviation gasoline complete vapor balance system. concerning the more stringent into storage tanks at airports, and the (f) If your GDF is subject to the control provisions, and noncompliance with subsequent transfer of aviation gasoline requirements in this subpart only this rule is not excused if it is later within the airport, is not subject to this because it loads gasoline into fuel tanks determined that your determination was subpart. other than those in motor vehicles, as in error, and, as a result, you are (h) Monthly throughput is the total defined in § 63.11132, you must comply violating this subpart. Compliance with volume of gasoline loaded into, or with the standards in this subpart as this rule is your responsibility and the dispensed from, all the gasoline storage specified in paragraphs (f)(1) or (f)(2) of Notification of Compliance Status does tanks located at a single affected GDF. this section. If an area source has two or more GDF not alter or affect that responsibility. (1) If your GDF is an existing facility, at separate locations within the area ■ 17. Section 63.11113 is amended by you must comply by January 24, 2014. source, each GDF is treated as a separate revising paragraph (c) and adding new (2) If your GDF is a new or affected source. paragraphs (e) and (f) to read as follows: reconstructed facility, you must comply

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by the dates specified in paragraphs gasoline into storage tanks at your (c) Conduct of performance tests. (f)(2)(i) and (ii) of this section. facility by utilizing submerged filling, as Performance tests conducted for this (i) If you start up your GDF after defined in § 63.11132, and as specified subpart shall be conducted under such December 15, 2009, but before January in paragraphs (b)(1), (b)(2), or (b)(3) of conditions as the Administrator 24, 2011, you must comply no later than this section. The applicable distances in specifies to the owner or operator based January 24, 2011. paragraphs (b)(1) and (2) shall be on representative performance (i.e., (ii) If you start up your GDF after measured from the point in the opening performance based on normal operating January 24, 2011, you must comply of the submerged fill pipe that is the conditions) of the affected source. Upon upon startup of your GDF. greatest distance from the bottom of the request, the owner or operator shall ■ 18. A new § 63.11115 is added storage tank. make available to the Administrator following the Emission Limitations and (1) Submerged fill pipes installed on such records as may be necessary to Management Practices heading to read or before November 9, 2006, must be no determine the conditions of as follows: more than 12 inches from the bottom of performance tests. the tank. (d) Owners and operators of gasoline § 63.11115 What are my general duties to (2) Submerged fill pipes installed after cargo tanks subject to the provisions of minimize emissions? November 9, 2006, must be no more Table 2 to this subpart must conduct Each owner or operator of an affected than 6 inches from the bottom of the annual certification testing according to source under this subpart must comply tank. the vapor tightness testing requirements with the requirements of paragraphs (a) (3) Submerged fill pipes not meeting found in § 63.11092(f). and (b) of this section. the specifications of paragraphs (b)(1) or ■ 22. Section 63.11124 is amended by: (a) You must, at all times, operate and (b)(2) of this section are allowed if the ■ a. Revising paragraph (a)(1) maintain any affected source, including owner or operator can demonstrate that introductory text; associated air pollution control the liquid level in the tank is always ■ b. Revising the first two sentences in equipment and monitoring equipment, above the entire opening of the fill pipe. paragraph (a)(2); in a manner consistent with safety and Documentation providing such ■ c. Revising paragraph (b)(1) good air pollution control practices for demonstration must be made available introductory text; and minimizing emissions. Determination of for inspection by the Administrator’s ■ d. Revising the first two sentences in whether such operation and delegated representative during the paragraph (b)(2) to read as follows: maintenance procedures are being used course of a site visit. § 63.11124 What notifications must I will be based on information available * * * * * submit and when? to the Administrator which may ■ (a) * * * include, but is not limited to, 21. Section 63.11120 is amended by: ■ a. Revising paragraph (a) introductory (1) You must submit an Initial monitoring results, review of operation text; Notification that you are subject to this and maintenance procedures, review of ■ b. Revising paragraph (a)(2) subpart by May 9, 2008, or at the time operation and maintenance records, and introductory text; you become subject to the control inspection of the source. ■ c. Adding paragraph (a)(2)(iii); requirements in § 63.11117, unless you (b) You must keep applicable records ■ d. Adding paragraph (c); and meet the requirements in paragraph and submit reports as specified in ■ e. Adding paragraph (d) to read as (a)(3) of this section. If your affected § 63.11125(d) and § 63.11126(b). follows: source is subject to the control ■ 19. Section 63.11116 is amended by requirements in § 63.11117 only because revising paragraph (b) and adding a new § 63.11120 What testing and monitoring requirements must I meet? it loads gasoline into fuel tanks other paragraph (d) to read as follows: than those in motor vehicles, as defined (a) Each owner or operator, at the time § 63.11116 Requirements for facilities with in § 63.11132, you must submit the of installation, as specified in Initial Notification by May 24, 2011. monthly throughput of less than 10,000 § 63.11113(e), of a vapor balance system gallons of gasoline. The Initial Notification must contain the required under § 63.11118(b)(1), and information specified in paragraphs * * * * * every 3 years thereafter, must comply (b) You are not required to submit (a)(1)(i) through (iii) of this section. The with the requirements in paragraphs notification must be submitted to the notifications or reports as specified in (a)(1) and (2) of this section. § 63.11125, § 63.11126, or subpart A of applicable EPA Regional Office and this part, but you must have records * * * * * delegated State authority as specified in (2) You must demonstrate compliance available within 24 hours of a request by § 63.13. with the static pressure performance the Administrator to document your * * * * * requirement specified in item 1(h) of gasoline throughput. (2) You must submit a Notification of Table 1 to this subpart for your vapor Compliance Status to the applicable * * * * * balance system by conducting a static (d) Portable gasoline containers that EPA Regional Office and the delegated pressure test on your gasoline storage State authority, as specified in § 63.13, meet the requirements of 40 CFR part tanks using the test methods identified 59, subpart F, are considered acceptable within 60 days of the applicable in paragraphs (a)(2)(i), (a)(2)(ii), or compliance date specified in § 63.11113, for compliance with paragraph (a)(3) of (a)(2)(iii) of this section. this section. unless you meet the requirements in * * * * * ■ paragraph (a)(3) of this section. The 20. Section 63.11117 is amended by (iii) Bay Area Air Quality revising paragraph (b) to read as follows: Notification of Compliance Status must Management District Source Test be signed by a responsible official who § 63.11117 Requirements for facilities with Procedure ST–30—Static Pressure must certify its accuracy, must indicate monthly throughput of 10,000 gallons of Integrity Test—Underground Storage whether the source has complied with gasoline or more. Tanks, adopted November 30, 1983, and the requirements of this subpart, and * * * * * amended December 21, 1994 must indicate whether the facilities’ (b) Except as specified in paragraph (incorporated by reference, see § 63.14). monthly throughput is calculated based (c) of this section, you must only load * * * * * on the volume of gasoline loaded into

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all storage tanks or on the volume of requirements of paragraphs (c)(2)(i) and vehicle,’’ ‘‘nonroad engine,’’ ‘‘nonroad gasoline dispensed from all storage (ii) of this section. vehicle,’’ and ‘‘vapor-tight gasoline cargo tanks.* * * (i) The owner or operator may keep tank’’; and * * * * * records of only the most recent vapor ■ b. By revising, in alphabetical order, (b) * * * tightness test with the cargo tank, and the definitions of ‘‘gasoline cargo tank,’’ keep records for the previous 4 years at (1) You must submit an Initial ‘‘gasoline dispensing facility,’’ and their office or another central location. Notification that you are subject to this ‘‘monthly throughput’’ to read as (ii) Vapor tightness testing records follows: subpart by May 9, 2008, or at the time that are kept at a location other than you become subject to the control with the cargo tank must be instantly § 63.11132 What definitions apply to this requirements in § 63.11118. If your available (e.g., via e-mail or facsimile) to subpart? affected source is subject to the control the Administrator’s delegated * * * * * requirements in § 63.11118 only because representative during the course of a site Gasoline means any petroleum it loads gasoline into fuel tanks other visit or within a mutually agreeable time distillate or petroleum distillate/alcohol than those in motor vehicles, as defined frame. Such records must be an exact blend having a Reid vapor pressure of in § 63.11132, you must submit the duplicate image of the original paper 27.6 kilopascals or greater, which is Initial Notification by May 24, 2011. copy record with certifying signatures. used as a fuel for internal combustion The Initial Notification must contain the (d) Each owner or operator of an engines. information specified in paragraphs affected source under this subpart shall Gasoline cargo tank means a delivery (b)(1)(i) through (iii) of this section. The keep records as specified in paragraphs tank truck or railcar which is loading or notification must be submitted to the (d)(1) and (2) of this section. unloading gasoline, or which has loaded applicable EPA Regional Office and (1) Records of the occurrence and or unloaded gasoline on the delegated State authority as specified in duration of each malfunction of immediately previous load. § 63.13. operation (i.e., process equipment) or Gasoline dispensing facility (GDF) * * * * * the air pollution control and monitoring means any stationary facility which (2) You must submit a Notification of equipment. dispenses gasoline into the fuel tank of Compliance Status to the applicable (2) Records of actions taken during a motor vehicle, motor vehicle engine, EPA Regional Office and the delegated periods of malfunction to minimize nonroad vehicle, or nonroad engine, State authority, as specified in § 63.13, emissions in accordance with including a nonroad vehicle or nonroad in accordance with the schedule § 63.11115(a), including corrective engine used solely for competition. specified in § 63.9(h). The Notification actions to restore malfunctioning These facilities include, but are not of Compliance Status must be signed by process and air pollution control and limited to, facilities that dispense a responsible official who must certify monitoring equipment to its normal or gasoline into on- and off-road, street, or its accuracy, must indicate whether the usual manner of operation. highway motor vehicles, lawn source has complied with the ■ 24. Section 63.11126 is revised to read equipment, boats, test engines, requirements of this subpart, and must as follows: landscaping equipment, generators, indicate whether the facility’s § 63.11126 What are my reporting pumps, and other gasoline-fueled throughput is determined based on the requirements? engines and equipment. volume of gasoline loaded into all (a) Each owner or operator subject to Monthly throughput means the total storage tanks or on the volume of the management practices in § 63.11118 volume of gasoline that is loaded into, gasoline dispensed from all storage shall report to the Administrator the or dispensed from, all gasoline storage tanks. * * * results of all volumetric efficiency tests tanks at each GDF during a month. * * * * * required under § 63.11120(b). Reports Monthly throughput is calculated by ■ 23. Section 63.11125 is amended by submitted under this paragraph must be summing the volume of gasoline loaded adding a new paragraph (c) and a new submitted within 180 days of the into, or dispensed from, all gasoline paragraph (d) to read as follows: completion of the performance testing. storage tanks at each GDF during the (b) Each owner or operator of an current day, plus the total volume of § 63.11125 What are my recordkeeping affected source under this subpart shall gasoline loaded into, or dispensed from, requirements? report, by March 15 of each year, the all gasoline storage tanks at each GDF * * * * * number, duration, and a brief during the previous 364 days, and then (c) Each owner or operator of a description of each type of malfunction dividing that sum by 12. gasoline cargo tank subject to the which occurred during the previous Motor vehicle means any self- management practices in Table 2 to this calendar year and which caused or may propelled vehicle designed for subpart must keep records documenting have caused any applicable emission transporting persons or property on a vapor tightness testing for a period of limitation to be exceeded. The report street or highway. 5 years. Documentation must include must also include a description of Nonroad engine means an internal each of the items specified in actions taken by an owner or operator combustion engine (including the fuel § 63.11094(b)(2)(i) through (viii). during a malfunction of an affected system) that is not used in a motor Records of vapor tightness testing must source to minimize emissions in vehicle or a vehicle used solely for be retained as specified in either accordance with § 63.11115(a), competition, or that is not subject to paragraph (c)(1) or paragraph (c)(2) of including actions taken to correct a standards promulgated under section this section. malfunction. No report is necessary for 7411 of this title or section 7521 of this (1) The owner or operator must keep a calendar year in which no title. all vapor tightness testing records with malfunctions occurred. Nonroad vehicle means a vehicle that the cargo tank. ■ 25. Section 63.11132 is amended as is powered by a nonroad engine, and (2) As an alternative to keeping all follows: that is not a motor vehicle or a vehicle records with the cargo tank, the owner ■ a. By adding, in alphabetical order, used solely for competition. or operator may comply with the the definitions of ‘‘gasoline,’’ ‘‘motor * * * * *

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Vapor-tight gasoline cargo tank means certification test requirements in ■ 26. Table 1 to subpart CCCCCC of part a gasoline cargo tank which has § 63.11092(f) of this part. 63 is amended by adding a footnote 1, demonstrated within the 12 preceding and by revising entry 2 to read as months that it meets the annual follows:

TABLE 1 TO SUBPART CCCCCC OF PART 63—APPLICABILITY CRITERIA AND MANAGEMENT PRACTICES FOR GASOLINE DISPENSING FACILITIES WITH MONTHLY THROUGHPUT OF 100,000 GALLONS OF GASOLINE OR MORE 1

If you own or operate . . . Then you must . . .

******* 2. A new or reconstructed GDF, or any storage tank(s) constructed Equip your gasoline storage tanks with a dual-point vapor balance sys- after November 9, 2006, at an existing affected facility subject to tem, as defined in § 63.11132, and comply with the requirements of § 63.11118. item 1 in this Table. 1 The management practices specified in this Table are not applicable if you are complying with the requirements in § 63.11118(b)(2), except that if you are complying with the requirements in § 63.11118(b)(2)(i)(B), you must operate using management practices at least as stringent as those listed in this Table.

■ 27. Table 2 to Subpart CCCCCC of Part 63 is amended by revising entry (vi) to read as follows:

TABLE 2 TO SUBPART CCCCCC OF PART 63—APPLICABILITY CRITERIA AND MANAGEMENT PRACTICES FOR GASOLINE CARGO TANKS UNLOADING AT GASOLINE DISPENSING FACILITIES WITH MONTHLY THROUGHPUT OF 100,000 GAL- LONS OF GASOLINE OR MORE

If you own or operate . . . Then you must . . .

******* (vi) The filling of storage tanks at GDF shall be limited to unloading from vapor-tight gasoline cargo tanks. Documentation that the cargo tank has met the specifications of EPA Method 27 shall be carried with the cargo tank, as specified in § 63.11125(c).

■ 28. Table 3 to Subpart CCCCCC of Part ■ e. Revising entry 63.8(c)(1)(i)–(iii); ■ j. Revising entry 63.10(e)(3)(i)–(iii); 63 is amended by: ■ f. Revising entry 63.8(c)(2)–(8); and ■ ■ g. Removing entry 63.10(b)(2)(i)–(iv); a. Revising entry 63.5; ■ k. Revising entry 63.10(e)(3)(iv)–(v) to ■ b. Removing entry 63.6(e)(1); ■ h. Adding entries 63.10(b)(2)(i), ■ c. Adding entries 63.6(e)(1)(i) and 63.10(b)(2)(ii), 63.10(b)(2)(iii), read as follows: 63.6(e)(1)(ii); 63.10(b)(2)(iv), and 63.10(b)(2)(v); ■ d. Revising entry 63.7(e)(1); ■ i. Revising entry 63.10(d)(5);

TABLE 3 TO SUBPART CCCCCC OF PART 63—APPLICABILITY OF GENERAL PROVISIONS

Applies to subpart Citation Subject Brief description CCCCCC

******* § 63.5 ...... Construction/Reconstruc- Applicability; applications; approvals ...... Yes, except that these noti- tion. fications are not required for facilities subject to § 63.11116.

******* 63.6(e)(1)(i) ...... General duty to minimize Operate to minimize emissions at all times; information No. See § 63.11115 for emissions. Administrator will use to determine if operation and general duty require- maintenance requirements were met. ment. 63.6(e)(1)(ii) ...... Requirement to correct Owner or operator must correct malfunctions as soon No. malfunctions ASAP. as possible.

******* 63.7(e)(1) ...... Conditions for Conducting Performance test must be conducted under represent- No, § 63.11120(c) specifies Performance Tests. ative conditions. conditions for conducting performance tests.

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TABLE 3 TO SUBPART CCCCCC OF PART 63—APPLICABILITY OF GENERAL PROVISIONS—Continued

Applies to subpart Citation Subject Brief description CCCCCC

******* § 63.8(c)(1)(i)–(iii) ...... Operation and Mainte- Must maintain and operate each CMS as specified in No. nance of Continuous § 63.6(e)(1); must keep parts for routine repairs Monitoring Systems readily available; must develop a written SSM plan (CMS). for CMS, as specified in § 63.6(e)(3). § 63.8(c)(2)–(8) ...... CMS Requirements ...... Must install to get representative emission or param- No. eter measurements; must verify operational status before or at performance test.

******* § 63.10(b)(2)(i) ...... Records related to SSM .... Recordkeeping of occurrence and duration of startups No. and shutdowns. § 63.10(b)(2)(ii) ...... Records related to SSM .... Recordkeeping of malfunctions ...... No. See § 63.11125(d) for recordkeeping of (1) oc- currence and duration and (2) actions taken during malfunction. § 63.10(b)(2)(iii) ...... Maintenance records ...... Recordkeeping of maintenance on air pollution control Yes. and monitoring equipment. § 63.10(b) ...... Records Related to SSM ... Actions taken to minimize emissions during SSM ...... No. (2)(iv) ...... § 63.10(b) ...... Records Related to SSM ... Actions taken to minimize emissions during SSM ...... No. (2)(v) ......

******* § 63.10(d)(5) ...... SSM Reports ...... Contents and submission ...... No. See § 63.11126(b) for malfunction reporting re- quirements.

******* § 63.10(e)(3)(i)–(iii) ...... Reports ...... Schedule for reporting excess emissions ...... No. § 63.10(e)(3)(iv)–(v) ...... Excess Emissions Reports Requirement to revert to quarterly submission if there No. is an excess emissions and parameter monitor exceedances (now defined as deviations); provision to request semiannual reporting after compliance for 1 year; submit report by 30th day following end of quarter or calendar half; if there has not been an ex- ceedance or excess emissions (now defined as devi- ations), report contents in a statement that there have been no deviations; must submit report con- taining all of the information in §§ 63.8(c)(7)–(8) and 63.10(c)(5)–(13).

*******

[FR Doc. 2011–906 Filed 1–21–11; 8:45 am] BILLING CODE 6560–50–P

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