ILTA Gasoline Distribution Working Group Prepares for Rule Revisions from EPA

Breaking News: EPA released the pre-publication version of this proposed rule on June 2.ILTA and the Working Group are working now to review the 120-page rule. The Gasoline Distribution Working Group continues to prepare to respond to EPA on pending revisions to the air regulations affecting the gasoline distribution industry. ILTA has made EPA aware of industry concerns through virtual meetings and written correspondence over the past year, and ILTA is now poised to review and respond to the proposed rule changes when they become available. The court-ordered deadline for EPA to sign the proposed revisions is June 1, and it’s anticipated that EPA will specify a 60-day period for receiving comments.

To be prepared to immediately begin compiling comments once the rule revisions are proposed, ILTA has formed subgroups for each of the primary areas of interest. Here is a brief description of the subgroups and selected issues:

• Loading Racks (Lead: Sheary Culp, NuStar). The present emissions limit in 40 CFR Part 63 Subpart BBBBBB (6B) is 80 mg/L, but EPA has indicated an intent to drive that limit lower. ILTA has presented arguments to EPA for not dropping the limit any lower than 35 mg/L. 
• VCU. (Lead: Arron Civera, Kinder Morgan). EPA has made it clear they don’t like the monitoring alternative that is presently specified in the 6B rule, but they’ve indicated that if they withdraw that alternative they may propose a different alternative. 
• VRU. (Lead: Mike Gray, Marathon). EPA and industry agree there is a need for a consistent standard with respect to CEMS compliance criteria, but the issue to be resolved is the monitoring value to be assigned as a limit. A key variable in the calculation of a CEMS limit is the value assumed for the average molecular weight of the VOC compounds that exit the VRU. Several ILTA members are presently requesting that contractors working on their CEMS (e.g. to conduct RATAs) collect grab samples of the vapors exiting the VRU and then have the vapors analyzed in a lab to determine the average molecular weight of the VOC constituents. If you can contribute to this data-gathering effort, please contact Rob Ferry RFerry@trinityconsultants.com.
• Storage Tanks. (Lead: Teri Holmes, Magellan). There are several changes that EPA may propose for the storage tank requirements, including more stringent control requirements for floating roof rim seals and deck fittings. ILTA has compiled some cost-benefit data pertaining to these potential changes, and a need for more data may become apparent once the proposed revisions become available.
• Equipment Leaks. (Lead: Keith Ocheski, Buckeye). The expectation is that EPA will propose to change the present sight/sound/smell standard for leak detection to an instrument-based approach.  ILTA members that have facilities which are already subject to Method 21 leak detection are compiling data on the frequency of leaks discovered using Method 21. If you can contribute to this data gathering effort, please contact Rob Ferry RFerry@trinityconsultants.com.

Another step ILTA has taken to be positioned to respond to the proposed rule revisions was to retain the law firm Nossaman LLP as outside counsel. Nossaman is a nationally recognized law firm with a coast-to-coast Environment and Land Use practice. Nossaman's expertise includes providing litigation and regulatory consultation to clients in the areas of air quality, water quality, hazardous substances, and endangered species. Nossaman routinely participates in environmental rule making processes, analyzing proposed rules, developing comments, and participating in stakeholder processes. The lead attorney at Nossaman for ILTA is Sara Greenberg.

ILTA appreciates the level of engagement that member companies have already exhibited and looks forward to an effective collective effort to prepare comments once the proposed rule revisions become available from EPA.