[Federal Register Volume 60, Number 236 (Friday, December 8, 1995)]
[Rules and Regulations]
[Pages 62990-62992]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-29992]
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[[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]
BILLING CODE 6560-50-M
