National Emission Standards for Hazardous Air Pollutants for Source Categories: Gasoline Distribution (Stage 1)

[[Page 62991]]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[FRL-5343-5]

National Emission Standards for Hazardous Air Pollutants for

Source Categories: Gasoline Distribution (Stage 1)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of partial stay and reconsideration.

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SUMMARY: Today's action provided in this document announces a partial

3-month stay of the December 14, 1995 compliance date for certain

provisions of the December 14, 1994 ``National Emission Standards for

Hazardous Air Pollutants for Source Categories: Gasoline Distribution

(Stage 1)''. The December 14, 1995 compliance date for leak detection

and repair provisions and initial notifications is stayed for existing

facilities until March 7, 1996. The EPA is issuing this stay pursuant

to Clean Air Act section 307(d)(7)(B), 42 U.S.C. 7607(d)(7)(B), which

provides the Administrator authority to stay the effectiveness of a

rule during reconsideration.

EFFECTIVE DATE: December 8, 1995.

FOR FURTHER INFORMATION CONTACT:

Mr. Stephen Shedd at (919) 541-5397, Emission Standards Division (MD-

13), U.S. Environmental Protection Agency, Research Triangle Park,

North Carolina 27711.

SUPPLEMENTARY INFORMATION:

I. Background

On December 14, 1994 (59 FR 64303), the Environmental Protection

Agency (EPA) promulgated in the Federal Register a rule, ``National

Emission Standards for Hazardous Air Pollutants for Source Categories:

Gasoline Distribution (Stage 1)'' (the ``Gasoline Distribution

NESHAP''). The Gasoline Distribution NESHAP regulates all hazardous air

pollutants emitted from new and existing bulk gasoline terminals and

pipeline breakout stations that are major sources of HAP emissions or

are located at sites that are major sources of HAP emissions. Among the

promulgated requirements for existing sources under this rule are the

requirements that existing sources institute an equipment leak program

and provide an initial notification of regulatory status and use of a

screening equation before December 15, 1995 (40 CFR 63.424(e) and 40

CFR 63.428(a), (i)(1), and (j)(1)).

Whether a bulk gasoline terminal or pipeline breakout station is a

major source or at a site that is a major source is determined by a

site's ``potential to emit considering controls.'' CAA 112(a), 42

U.S.C. 7412(a). In the Gasoline Distribution NESHAP, the EPA

promulgated two mechanisms for determining major source status that are

specific to this rule: first, the NESHAP included equations for

determining potential emissions from terminals and breakout stations

based on the HAP content of gasoline, gasoline throughput, and emission

rates from equipment used to handle gasoline; and second, the NESHAP

allowed for case-by-case review or ``emissions inventory'' of a site's

emissions. 40 CFR Sec. 63.420. The equations could be used only by bulk

terminals and pipeline breakout stations that were at sites that had no

other sources of HAPs. Other facilities would be able to establish

potential to emit either by an emissions inventory or by using other

means (outside the rule) that are generally available to sources under

Subpart A of part 63, the General Provisions, and related guidance.

The American Petroleum Institute (API) submitted to the EPA a

petition for reconsideration (API Petition) of provisions of the

Gasoline Distribution NESHAP affecting how bulk gasoline terminals and

pipeline breakout stations may establish ``area source'' status (i.e.,

non-major source status), including the timing and method of obtaining

potential to emit limits. Several developments since the promulgation

of the Gasoline Distribution NESHAP have led the EPA to stay this

compliance date to respond to the petition for reconsideration. In

particular, as discussed in the Federal Register notice (60 FR 56133,

November 7, 1995) proposing amendments of the compliance dates for the

initial notification and the equipment leak detection provisions of the

NESHAP, new information indicates that many sources that were assumed

to be area sources may be unable to use the mechanisms for establishing

area source status under the rule. The EPA is currently reconsidering

certain provisions in the Gasoline Distribution NESHAP by collecting

and considering comments on the November 7, 1995 proposal. The EPA

plans to take final action on the proposed rule prior to the end of the

stay announced in today's notice. The information being considered

during this reconsideration of the Gasoline Distribution NESHAP is

contained in Docket No. A-92-38 (See 40 FR 56133).

When the EPA promulgated the Gasoline Distribution NESHAP, the EPA

anticipated that about 75 percent of all gasoline bulk terminals and

pipeline breakout stations would be able to establish area source

status before the first compliance date of this rule. Therefore,

today's stay will apply to all existing sources.

II. Issuance of Stay

The EPA hereby issues a 3-month (from today's date) administrative

stay of the December 14, 1995 compliance date (40 CFR 63.424(e) and 40

CFR 63.428(a), (i)(1), and (j)(1)) in the Gasoline Distribution NESHAP.

The December 14, 1995 compliance date is stayed to until March 7, 1996.

The EPA is reconsidering the compliance date in the rule and, following

notice and comment procedures under section 307(d) of the Clean Air

Act, will take appropriate action.

III. Authority for Stay and Reconsideration

The administrative stay and reconsideration of the Gasoline

Distribution NESHAP and its associated compliance periods announced in

this notice are being undertaken pursuant to section 307(d)(7)(B) of

the Clean Air Act, 42 U.S.C. 7607(d)(7)(B). That provision authorizes

the Administrator to stay the effectiveness of a rule for 3-months to

consider a request for reconsideration. Reconsideration is appropriate

if the grounds for an objection arose after the period for public

comment and if the objection is of central relevance to the outcome of

the rule. The grounds for reconsideration of this rule arose after the

public comment period. The timing of when potential to emit limits have

to be in place, the types of acceptable methods for limiting potential

to emit, and the scope of the emissions equations only became apparent

subsequent to the comment period on the rule. Therefore, EPA is staying

the effectiveness of the rule for 3 months in order to allow time to

reconsider this issue.

Pursuant to the provisions of 5 U.S.C. 605(b), I hereby certify

that this rule will not have a significant economic impact of a

substantial number of small business entities.

Dated: November 27, 1995.

Carol M. Browner,

Administrator.

Title 40 of the Code of Federal Regulations, chapter I, part 63,

subpart R, is amended as follows:

PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS

FOR SOURCE CATEGORIES

1. The authority citation for part 63 continues to read as follows:

[[Page 62992]]

Authority: 42 U.S.C. 7401 et seq.

2. Section 63.420 is amended by adding paragraph (j) to read as

follows:

Sec. 63.420 Applicability.

* * * * *

(j) Rules Stayed for Reconsideration. Notwithstanding any other

provision of this subpart, the December 14, 1995 compliance date for

existing facilities in Sec. 63.424(e) and Sec. 63.428(a), (i)(1), and

(j)(1) of this subpart is stayed from December 8, 1995, to March 7,

1996.

[FR Doc. 95-29992 Filed 12-7-95; 8:45 am]

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