
[Federal Register: January 24, 2011 (Volume 76, Number 15)]
[Rules and Regulations]               
[Page 4155-4185]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24ja11-14]                         


[[Page 4155]]

Vol. 76

Monday,

No. 15

January 24, 2011

Part II





Environmental Protection Agency





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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


[[Page 4156]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 9 and 63

[EPA-HQ-OAR-2006-0406, FRL-9253-7]
RIN 2060-AP16

 
National Emission Standards for Hazardous Air Pollutants for 
Source Categories: Gasoline Distribution Bulk Terminals, Bulk Plants, 
and Pipeline Facilities; and Gasoline Dispensing Facilities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; amendments.

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SUMMARY: This action promulgates amendments to the National Emission 
Standards for Hazardous Air Pollutants for Source Categories: Gasoline 
Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities; and 
Gasoline Dispensing Facilities, which EPA promulgated on January 10, 
2008, and amended on March 7, 2008. In this action, EPA is finalizing 
amendments and clarifications to certain definitions and applicability 
provisions of the final rules in response to some of the issues raised 
in the petitions for reconsideration. In addition, several other 
compliance-related questions posed by various individual stakeholders 
and State and local agency representatives are addressed in this 
action. We are also denying reconsideration on one issue raised in a 
petition for reconsideration received by the Agency on the final rules.

DATES: These final rules are effective on January 24, 2011. The 
incorporation by reference of certain publications listed in the rule 
is approved by the Director of the Federal Register as of January 24, 
2011.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-HQ-OAR-2006-0406. All documents in the docket are listed on the 
http://www.regulations.gov Web site. Although listed in the index, some 
information is not publicly available, e.g., confidential business 
information or other information whose disclosure is restricted by 
statute. Certain other material, such as copyrighted material, is not 
placed on the Internet and will be publicly available only in hard copy 
form. Publicly available docket materials are available either 
electronically through http://www.regulations.gov or in hard copy at 
the Air and Radiation Docket in the EPA Headquarters Library, EPA West 
Building, Room 3334, 1301 Constitution Ave., NW., Washington, DC.
    The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday 
through Friday, excluding legal holidays. The telephone number for the 
Public Reading Room is (202) 566-1744. The Air and Radiation Docket and 
Information Center's Web site is: http://wwwlepa.gov/oar/docket.html. 
The electronic mail (e-mail) address for the Air and Radiation Docket 
is: a-and-r-Docket@epa.gov, the telephone number is (202) 566-1742, and 
the Fax number is (202) 566-9744.

FOR FURTHER INFORMATION CONTACT:
    General and Technical Information: Mr. Stephen Shedd, Office of Air 
Quality Planning and Standards, Sector Policies and Programs Division, 
Coatings and Chemicals Group (E143-01), U.S. EPA, Research Triangle 
Park, NC 27711, telephone: (919) 541-5397, facsimile number: (919) 685-
3195, e-mail address: shedd.steve@epa.gov.
    Compliance Information: Ms. Maria Malave, Office of Compliance, Air 
Compliance Branch (2223A), U.S. EPA, Ariel Rios Building, 1200 
Pennsylvania Avenue, NW., Washington, DC 20460, telephone: (202) 564-
7027, e-mail address: Malave.Maria@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: Regulated Entities. Categories and entities 
potentially regulated by this action include:

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                Category                            NAICS *                  Examples of regulated entities
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Industry................................  324110, 493190, 486910,      Operations at area sources that transfer
                                           424710, 447110, 447190.      and store gasoline, including bulk
                                                                        terminals, bulk plants, pipeline
                                                                        facilities, and gasoline dispensing
                                                                        facilities.
Federal/State/local/Tribal governments.
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* North American Industry Classification System.

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. To determine whether your facility is regulated by this action, 
you should examine the applicability criteria in 40 CFR part 63, 
subpart BBBBBB and 40 CFR part 63, subpart CCCCCC. If you have any 
questions regarding the applicability of this action to a particular 
entity, consult either the air permit authority for the entity or your 
EPA regional representative as listed in 40 CFR 63.13.
    Outline: The information presented in this preamble is organized as 
follows:

I. General Information
    A. Where can I get a copy of this document?
    B. Judicial Review
II. Background Information
    A. Petitions for Reconsideration and Judicial Review
    B. Other Stakeholder Issues
III. Summary of Changes Since Proposal
IV. Summary of Comments and Responses
    A. Applicability
    B. Throughput Thresholds
    C. Rule Clarifications
    D. Comments Addressing Other Provisions That Were Not Proposed 
To Be Amended
V. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act (UMRA)
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
    K. Congressional Review Act

I. General Information

A. Where can I get a copy of this document?

    In addition to being available in the docket, an electronic copy of 
these final amendments will also be available on the Worldwide Web 
(WWW) through the EPA's Technology Transfer Network (TTN). Following 
the Administrator's signature, a copy of this action will be posted on 
the TTN's policy and guidance page for newly proposed or promulgated 
rules at http://www.epa.gov/ttn/oarpg/. The TTN at EPA's Web site 
provides information

[[Page 4157]]

and technology exchange in various areas of air pollution control.

B. Judicial Review

    Under section 307(b)(1) of the Clean Air Act (CAA), judicial review 
of these final rules is available only by filing a petition for review 
in the United States Court of Appeals for the District of Columbia 
Circuit by March 25, 2011. Under section 307(b)(2) of the CAA, the 
requirements established by these final rules may not be challenged 
separately in any civil or criminal proceedings brought by EPA to 
enforce these requirements.
    Section 307(d)(7)(B) of the CAA further provides that ``[o]nly an 
objection to a rule or procedure which was raised with reasonable 
specificity during the period for public comment (including any public 
hearing) may be raised during judicial review.'' This section also 
provides a mechanism for us to convene a proceeding for 
reconsideration, ``[i]f the person raising an objection can demonstrate 
to the EPA that it was impracticable to raise such objection within 
[the period for public comment] or if the grounds for such objection 
arose after the period for public comment (but within the time 
specified for judicial review) and if such objection is of central 
relevance to the outcome of the rule.'' Any person seeking to make such 
a demonstration to us should submit a Petition for Reconsideration to 
the Office of the Administrator, U.S. EPA, Room 3000, Ariel Rios 
Building, 1200 Pennsylvania Ave., NW., Washington, DC 20460, with a 
copy to both the person(s) listed in the preceding FOR FURTHER 
INFORMATION CONTACT section, and the Associate General Counsel for the 
Air and Radiation Law Office, Office of General Counsel (Mail Code 
2344A), U.S. EPA, 1200 Pennsylvania Ave., NW., Washington, DC 20460.

II. Background Information

    On January 10, 2008 (73 FR 1916), EPA promulgated National Emission 
Standards for Hazardous Air Pollutants for Source Categories: Gasoline 
Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities; and 
Gasoline Dispensing Facilities (40 CFR part 63, subpart BBBBBB and 40 
CFR part 63, subpart CCCCCC) pursuant to sections 112(c)(3) and 
112(d)(5) of the CAA. On March 10, 2008, the Administrator received two 
petitions for reconsideration of the final rules. One petition was 
filed by the Alliance of Automobile Manufacturers (Alliance) and the 
other by the American Petroleum Institute (API) (Docket No. EPA-HQ-OAR-
2006-0406, items 0174 and 0173). The Alliance also filed a petition for 
judicial review of the final rules in the United States Court of 
Appeals for the District of Columbia Circuit. In addition, the 
Alliance, API, and several other stakeholders (affected facilities and 
State and local government agencies) contacted EPA with questions on 
issues related to the implementation of the final rules.

A. Petitions for Reconsideration and Judicial Review

1. The Alliance Petition
    The Alliance's petition for reconsideration identified three issues 
for reconsideration (see the preamble to the proposed rule for a 
discussion of these issues (74 FR 66471)). The first two issues were 
regarding the definition of ``Bulk Gasoline Plant.'' We granted 
reconsideration of these two issues in the proposed rule (74 FR 66471). 
We are taking final action with regard to those issues in today's 
notice.
    The Alliance raised a third issue in its petition for 
reconsideration, which questioned the inclusion of gasoline storage 
tanks used to fuel emergency generators and fire pumps as being subject 
to 40 CFR part 63, subpart BBBBBB or 40 CFR part 63, subpart CCCCCC. 
The Alliance stated in both its petition for reconsideration and in its 
comments submitted on the proposed amendments that gasoline storage 
tanks that fuel fire pumps and emergency generators should not be 
covered by subparts BBBBBB or CCCCCC. They stated that many of these 
pieces of equipment are fueled by gasoline storage tanks holding less 
than 250 gallons. The Alliance acknowledged that other gasoline storage 
tanks fueling this equipment are above this 250-gallon level, but it 
asserts that the gasoline storage tanks still have very low monthly 
throughput. The Alliance also stated that most emergency generator and 
fire pump gasoline storage tanks will have zero gallons per day 
throughput and are likely to be filled only once or twice per year 
after routine maintenance and testing. The Alliance further stated that 
regulating this equipment under subparts BBBBBB or CCCCCC could 
potentially cover thousands of emergency generator and fire pump 
gasoline storage tanks nationwide at various types of facilities that 
may not otherwise have air permitting requirements. Thus, in its 
petition for reconsideration, the Alliance suggested that EPA entirely 
exempt these gasoline storage tanks from regulation under either 
subpart BBBBBB or subpart CCCCCC.
    After considering this matter, we deny reconsideration of the third 
issue in the Alliance's petition for reconsideration. Under CAA section 
307(b)(7)(B), the Administrator must initiate reconsideration 
proceedings with respect to provisions that are of central relevance to 
the rule at issue if the petitioner shows that it was impracticable to 
raise an objection to a rule within the public comment period or that 
the grounds for the objection arose after the public comment period but 
within the period for filing petitions for judicial review. The 
Alliance attempted neither demonstration in its petition for 
reconsideration; instead, it merely asserted that ``neither the 
proposal nor the final rule provided any notice'' that these tanks 
could be subject to the rules (see Docket No. EPA-HQ-OAR-2006-0406, 
item 0152.1). Such assertion is not sufficient under CAA section 
307(d)(7)(B) for requiring EPA to reconsider this issue. The provision 
that the Alliance alleges provoked this third issue, the originally 
promulgated definition of ``bulk gasoline plant,'' was included in the 
original proposal published on November 9, 2006 (see 40 CFR 63.11100, 
73 FR 1916, 1940). The Alliance had ample time during the 60-day public 
comment period to raise its concern that this definition of ``bulk 
gasoline plant'' ``could be read to cover gasoline storage tanks that 
fuel emergency generators and fire pumps.'' (See Docket No. EPA-HQ-OAR-
2006-0406, item 0152.1.) However, the Alliance did not raise this 
concern in its January 8, 2007 comments that it submitted on that 
proposal (see Docket No. EPA-HQ-OAR-2006-0406, item 0094.1) and has not 
provided any other explanation in its petition for reconsideration 
regarding why doing so was ``impracticable.'' Additionally, the 
Alliance has not provided any argument regarding why its concern 
``arose after the public comment period but within the period for 
filing petitions for judicial review.'' Finally, the Alliance has 
offered no explanation as to why its particular issue with this 
particular provision is of ``central relevance to the rule.'' Since the 
Alliance has not demonstrated how its request meets the requirements of 
CAA section 307(d)(7)(B), EPA is denying reconsideration of this issue 
in its petition for reconsideration.1
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    \1\ While EPA did grant reconsideration on the Alliance's other 
issues in its petition for reconsideration which also involved the 
definition of ``bulk gasoline plant'', EPA did so for completely 
independent reasons unrelated to this third issue. See 74 FR 66470, 
66471.
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    Furthermore, we disagree with the Alliance that gasoline storage 
tanks that

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fuel emergency generators and fire pumps should not be regulated as 
part of the Gasoline Distribution area source category. This alleged 
issue is essentially just a request from the Alliance that EPA exempt 
from regulation gasoline storage tanks fueling emergency generators and 
fuel pumps. However, as we stated in the preamble to the proposed 
amendments (74 FR 66474), the CAA requires that EPA set Federal 
emission standards under CAA section 112(d) for source categories 
listed under CAA section 112(c)(3). The list of source categories was 
developed based on an emission inventory. The emission inventory for 
GDF is based on the total volume of gasoline consumed nationwide 
(including domestic production, plus imports and stock changes from the 
previous year, minus exports), the emission factor for gasoline loading 
losses, and the amount of submerged and splash loading and vapor 
balancing in the industry. Total gasoline consumption is the total used 
nationwide, so the emission inventory includes emissions estimates for 
all end users of gasoline, which includes gasoline used in these 
emergency generators and fire pumps. See 74 FR 66470, 66474. 
Additionally, the types of gasoline storage tanks identified by the 
Alliance are essentially the same as those found at other GDF, except 
that the average or typical size and gasoline throughput tend to be 
smaller than for the gasoline storage tanks at a more typical GDF that 
refuel primarily motor vehicles. We considered both the size and 
throughput of gasoline storage tanks at GDF in the selection of the 
control requirements in the current rule, so the types of controls, and 
the control levels required, are appropriate for even the smallest 
gasoline storage tanks.
2. The API Petition
    The API Petition for Reconsideration identified four issues 
regarding clarifications that they suggested should be made to the 
final rules. We granted reconsideration of all four issues and 
addressed them in the preamble and the rule text revisions that were 
included in the proposed amendments. Additional discussion of the final 
amendments to the rules as a result of our reconsideration of the 
issues in the API petition, and our rationale for the amendments, is 
presented in section IV of this preamble.

B. Other Stakeholder Issues

    In addition to the petitions discussed above, the Alliance, API, 
and several other stakeholders (affected facilities and State and local 
government agencies) contacted EPA with questions or issues related to 
the implementation of the final rules. We are finalizing the proposed 
changes to the rules resulting from these issues as described in 
section IV of this preamble.
    The amendments being promulgated address both the petitions for 
reconsideration and the additional questions from other stakeholders. 
Our responses to the stakeholder questions do not substantially change 
the level of the standards but clarify some of the requirements. These 
clarifications do not change the impacts of the rules. Thus, the 
estimates of environmental, cost, and information collection impacts 
are not substantially different than estimated at promulgation of these 
rules, and no changes have been made to the estimates presented in the 
final rules.

III. Summary of Changes Since Proposal

    This section presents a brief summary of the significant changes 
that have been made in the final rule as a result of our consideration 
of the public comments on the proposed rule. Each of the items listed 
below is discussed in detail in section IV of this preamble.
    1. In the final rule, we have added a provision to paragraph (g) in 
40 CFR 63.11081 clarifying that ``An enforceable State, local, or 
Tribal permit limitation on throughput, established prior to the 
applicable compliance date, may be used in lieu of the 20,000 gallons 
per day design capacity throughput threshold, to determine whether the 
facility is a bulk gasoline plant or a bulk terminal.''
    2. In the final rule, we have clarified in 40 CFR 
63.11092(b)(1)(iii)(B)(1), that the purpose of a heat sensing device 
used to monitor a thermal oxidizer is to ``send,'' rather than to 
``display'' (as stated in the proposal), either a positive or a 
negative parameter value as a signal to indicate the presence or 
absence, respectively, of the pilot flame. We also clarified that the 
analyzer for conducting monthly measurements of the carbon outlet 
volatile organic compound (VOC) concentration (from a carbon bed) can 
be permanently mounted (i.e., it need not be portable as was previously 
stated in the rule at 40 CFR 63.11092(b)(1)(i)(B)(1)(iii)).
    3. We have added text to 40 CFR 63.11092(f) specifying that 
facilities that are subject to subpart XX of 40 CFR part 60 may elect, 
after notification to the subpart XX delegated authority, to comply 
with the annual certification test for gasoline cargo tanks as 
specified in paragraphs (f)(1) and (f)(2) of this section.
    4. We have revised the proposed amendments to entry 2 of Table 1 to 
40 CFR part 63, subpart BBBBBB, to correctly specify that the secondary 
seal requirements from 40 CFR part 60, subpart Kb (40 CFR 
60.112b(a)(1)(ii)(B) and (a)(1)(iv) through (ix)) or 40 CFR part 63, 
subpart WW (40 CFR 63.1063(a)(1)(i)(C) and (D)) do not apply to 
internal floating roof tanks that are subject only to subpart BBBBBB.
    5. In 40 CFR part 63, subpart BBBBBB, the following revisions have 
been made to the definitions in 40 CFR 63.11100:
     We have revised the proposed definition of ``gasoline 
storage tank'' to add an item (3) that specifically excludes sumps, 
including butane blending sample recovery tanks (SRT), and oil/water 
separators, from the definition of gasoline storage tank.
     We have also added a fourth item in the definition of 
``gasoline storage tank'' excluding ``tanks or vessels permanently 
attached to mobile sources such as trucks, railcars, barges, or 
ships.''
     We have amended the definition of ``pipeline pumping 
station'' to read: ``a facility along a pipeline containing pumps to 
maintain the desired pressure and flow of product through the pipeline 
and not containing gasoline storage tanks other than surge control 
tanks.''
    6. We have added a new paragraph (f) to 40 CFR 63.11113 of 40 CFR 
part 63, subpart CCCCCC, stating that the compliance date for existing 
GDF that only load gasoline into fuel tanks other than those in motor 
vehicles, as defined in 40 CFR 63.11132, is January 24, 2014. Also, we 
have added text to paragraph (e) of 40 CFR 63.11111 in the final rule 
stating that the date of the start of recordkeeping for these existing 
GDF is the date of publication of these final amendments. For new 
sources constructed, or for existing sources reconstructed, after the 
date of publication of these final amendments, recordkeeping must begin 
upon startup of the affected facility.
    7. We have revised 40 CFR 63.11120 to include a new paragraph (d) 
that adds a cross-reference to the vapor tightness testing requirements 
found in 40 CFR 63.11092(f). The vapor tightness testing was not 
previously listed in 40 CFR 63.11120.
    8. We have added rule text in 40 CFR 63.11124(a)(1) stating that 
GDF that are now subject to the rule because they only load gasoline 
into fuel tanks other than those in motor vehicles, as defined in 40 
CFR 63.11132, must submit Initial Notifications within 120 days of 
publication of these final amendments.

[[Page 4159]]

    9. We have revised 40 CFR 63.11124(a)(2) and (b)(2) to include a 
requirement that facilities must state in their Notification of 
Compliance Status (NOCS) report whether the facilities' gasoline 
throughput is determined based on the volume of gasoline loaded into 
all gasoline storage tanks, or on the volume of gasoline dispensed from 
all gasoline storage tanks. We have also specifically included the 60-
day time frame for the submittal of the NOCS in 40 CFR 63.11124(a)(2).
    10. We have corrected a typographical error in proposed 40 CFR 
63.11125(c). The citation included in the paragraph should be to 
``Sec.  63.11094(b)(2)(i) through (viii)'' rather than to ``Sec.  
63.11094(b)(i) through (viii)'' as it appeared in the reconsideration 
proposal.
    11. In 40 CFR part 63, subpart CCCCCC, we have added the CAA 
definition of motor vehicles to the definitions found in 40 CFR 
63.11132.

IV. Summary of Comments and Responses

    Amendments to the gasoline distribution area source rules were 
proposed on December 15, 2009 (74 FR 66470). The 60-day public comment 
period ended on February 16, 2010, and we received 17 comment letters. 
Comments were received from industry representatives, trade 
associations, State and local air pollution control agencies, and 
private citizens. The final rule amendments reflect our consideration 
of the significant comments received on the proposed action. This 
section presents a summary of the significant comments received and our 
responses to those comments.

A. Applicability

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

[[Page 4160]]

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

[[Page 4161]]

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

[[Page 4162]]

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

[[Page 4163]]

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

[[Page 4164]]

complex or burdensome may choose not to use them and instead comply 
with all applicable subparts. Therefore, we are finalizing 40 CFR 
63.11081(i) of subpart BBBBBB, and 40 CFR 63.11111(i) of subpart 
CCCCCC, as proposed.

B. Throughput Thresholds

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

    \2\ Specifically, the policy provides that major sources can 
become area sources up until the first substantive compliance date 
of the major source MACT standard.
---------------------------------------------------------------------------

    Another commenter indicated that the OIAI policy ``does not 
encourage reduction of gasoline usage which would be a win-win 
situation for all environmental impacts.'' First, as stated above, the 
OIAI policy does not apply here. Second, we disagree with the 
commenter's position regarding this provision's impact on gasoline 
usage since gasoline throughput is a function of consumer demand, and 
we have already considered seasonal fluctuations in the applicable 
definitions. In other words, we do not agree that requiring a GDF to 
maintain a particular level of control is what will determine the 
gasoline throughput at that particular GDF; instead, it is the consumer

[[Page 4165]]

demand for gasoline from that GDF that will dictate its gasoline 
throughput. Additionally, a GDF has the option of establishing an 
enforceable gasoline throughput limit in its applicable permit if that 
GDF wants to maintain a certain maximum level of gasoline throughput 
below the threshold level such that the GDF is subject to less 
stringent control requirements in the rule.
    Several additional commenters raised concerns with the compliance 
costs of complying with the more stringent requirements, i.e., vapor 
balance system rather than submerged fill. However, as stated in the 
proposed amendments (74 FR 66478), ``neither of these control 
technologies requires significant ongoing operating costs[; rather,] 
the primary control costs that the facility would incur would be for 
the initial installation [of the equipment].'' The ongoing operating 
costs (e.g., inspection and maintenance of controls plus monitoring, 
recordkeeping, and reporting costs) associated with running either a 
submerged fill system or a vapor balance system are reasonable for GDF 
based on the low costs for these items. For vapor balance systems, 
these costs include inspection and maintenance of the system (about 
$180 per year \3\), the periodic pressure testing (estimated to cost 
about $700 and is required once every three years, or about $230 per 
year) and other monitoring, reporting, and recordkeeping requirements 
(about $575 per year). For submerged fill systems these costs would be 
similar (inspection and maintenance costs are estimated to be about 
$100 per year, plus similar monitoring, reporting, and recordkeeping 
costs of about $340) except that there is no vapor pressure required. 
In other words, the annualized costs of running the vapor balance 
system are estimated to be only $310 ($80 plus $230) per year higher 
than the costs of running a submerged fill system. Therefore, we 
disagree that the costs of complying with the vapor balance system 
requirements should be a reason for allowing facilities that cross the 
applicable threshold level to instead continue complying with the 
submerged fill requirements. Instead, as we stated previously (74 FR 
66478), ``it would most likely be more trouble and expense to 
discontinue the use of [either of] the controls and to properly remove 
the equipment than to continue their use.'' Also, ``it would be 
reasonable to assume that if a facility once crossed an applicable 
throughput threshold, it might do so again at some point in the near 
future. Thus, in addition to the environmental gain in requiring the 
continued use of controls, there is a practical economic incentive to 
maintaining the equipment.'' (74 FR 66478) Finally, as also stated in 
the proposed amendments, requiring vapor balance systems to remain 
operational at GDF ``will continue to achieve substantial emissions 
reductions, even if the facility's throughput decreases below the 
applicable thresholds.'' (74 FR 66478)
---------------------------------------------------------------------------

    \3\ ``Gasoline Distribution Area Source Control Cost Estimates'' 
October 3, 2006, prepared for the November 9, 2009 proposed rule. 
Docket item EPA-HQ-OAR-2006-0406-0063.
---------------------------------------------------------------------------

    Based on the above, we have decided against allowing a facility to 
drop controls when gasoline throughput falls below an applicable 
threshold as it will not result in a significant reduction in 
compliance costs and it will not have an overall benefit to the 
environment. We are therefore finalizing these provisions as proposed.
2. Monthly Throughput Definition
    We proposed revising the definition of monthly throughput in 40 CFR 
part 63, subpart CCCCCC, to remove the phrase ``rolling 30-day 
average'' in the final rule, as well as adding a clarification on how 
it is calculated. We also proposed adding text to allow throughput to 
be based on the volume of gasoline dispensed by a GDF.
    Comment: Commenters believe that the definition of ``monthly 
throughput'' and the requirement in 40 CFR 63.11111(e) to demonstrate/
document throughput, when taken in conjunction with the proposed 
amendments to the definition of GDF, will impose additional and 
unnecessary recordkeeping requirements for facilities. One of the 
commenters stated that the requirement that affected sources calculate 
their throughput every day will be a large new administrative burden on 
newly-covered sources with absolutely no environmental benefit. The 
commenter stated that EPA's proposal will require them to dedicate 
resources to calculate gasoline throughput for each day of the year, 
and claims this is an unreasonable administrative burden, and that EPA 
should revise the proposal to read as follows: ``Monthly throughput 
means the total volume of gasoline that is loaded into, or dispensed 
from, all gasoline storage tanks at each GDF during a calendar month. 
Monthly throughput is calculated by summing the volume of gasoline 
loaded into, or dispensed from, all gasoline storage tanks at each GDF 
during the current month, plus the total volume of gasoline loaded 
into, or dispensed from, all gasoline storage tanks at each GDF during 
the previous 11 months, and then dividing that sum by 12.''
    One commenter further stated that determining throughput categories 
based on calendar year data would be much easier, and in the worst 
case, would result in a delay in determining the applicability of a 
particular requirement to a given facility of 1 year. The commenter 
stated that, given that facilities whose throughput increases to a 
level that requires greater controls are given 3 years to comply, a 
modest delay in how soon this throughput increase is detected does not 
seem that significant.
    One commenter suggested the calculation be simplified by allowing a 
facility to use the calendar year annual throughput divided by 12 to 
calculate monthly throughput. This commenter believes this would 
simplify the calculation significantly for these facilities and will 
maintain the benefit of eliminating seasonal variations. The commenter 
stated that many GDF that submit calendar year annual throughputs to 
the county, obtain those numbers directly from their suppliers based on 
annual gasoline purchased for the calendar year.
    Response: We continue to believe that the proposed procedure for 
calculating throughput at a GDF is appropriate and have finalized that 
procedure in the final rule. As we stated in the preamble to the 
proposal (74 CFR 66478), this was the method used to analyze the 
environmental and cost-effectiveness calculations for the throughput 
thresholds. We believe that this procedure is the best way to avoid the 
impacts of seasonal variations in throughput calculations because it is 
based on data that cover an entire year. For example, facilities that 
have a significant spike in throughput in the summer months are able to 
lower that spike by including the throughput during fall and winter in 
the calculation. In other situations, throughput may peak in the fall 
and winter months, and be low in the summer.
    As one commenter pointed out, basing the calculation on the 
calendar year period would result in facilities determining their 
throughput and the applicable control requirement, only once per year. 
We do not consider this to be appropriate nor that it represents our 
intent that facilities achieve continuous compliance with the 
standards.
    The throughput calculation procedure is simple and will not require 
facilities to expend significant extra resources. It seems reasonable 
to expect that nearly all GDF facilities already keep a record of each 
cargo tank delivery of gasoline

[[Page 4166]]

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

[[Page 4167]]

    Comment: Commenters stated their concerns with the EPA's proposed 
dates for compliance with recordkeeping requirements. One of the 
commenters stated that EPA has proposed to clarify (in 40 CFR 
63.11111(e)) that recordkeeping of monthly throughput should have begun 
when the original rule was adopted (January 10, 2008), but that this 
will not be possible for sites that become newly subject to the rule as 
a result of this rulemaking. The commenters recommended adding the 
following language to 40 CFR 63.11111(e): ``If an existing source 
becomes subject to this subpart after January 10, 2008, recordkeeping 
must begin on the date that it becomes subject to this subpart.''
    One of the commenters stated that they support the proposed 
clarification on how to calculate the monthly throughput, but noted 
that requiring throughput records back to January 10, 2008, could cause 
a GDF that has not been tracking monthly throughput since January 10, 
2008, to be out of compliance. The commenter stated that the compliance 
date for existing sources for 40 CFR part 63, subpart CCCCCC is January 
10, 2011, and, while they agree with EPA's logic that ``it is in the 
best interest of the facility to be aware as early as possible what 
control requirements must be met,'' there are many GDF facilities with 
a monthly throughput significantly less than 10,000 gallons for which 
control is not required. The commenter stated that these facilities 
should not be considered out of compliance if throughput records were 
not retained beginning on January 10, 2008. The commenter proposes that 
documentation of the monthly throughput for existing sources begins on 
January 10, 2010. The commenter stated that, based on the proposed 
definition of monthly throughput, using a start date of January 10, 
2010, would provide sufficient data to determine which threshold 
applies.
    Response: As discussed in an earlier response, we agree with the 
commenters that some facilities that are subject to 40 CFR part 63, 
subpart CCCCCC, because they dispense gasoline to end users other than 
motor vehicles, may not have considered themselves subject to the rule 
prior to the clarification of the definition of GDF. In the final rule 
(40 CFR 63.11113(f)), we have clarified the compliance dates for GDF 
that only load gasoline into fuel tanks other than those in motor 
vehicles, as defined in 40 CFR 63.11132. Thus we are also adding text 
to paragraph (e) of 40 CFR 63.11111 in the final rule stating that the 
date of the start of recordkeeping for those existing GDF is January 
24, 2011. For those new sources constructed, or for existing sources 
reconstructed, after January 24, 2011, recordkeeping must begin upon 
startup of the affected facility.
    As to the second comment on changing the start of recordkeeping for 
existing sources from the date of the final rule (January 10, 2008) to 
one year prior to the final compliance date of January 10, 2011, we 
continue to believe that it is reasonable to expect facilities to begin 
keeping throughput records as soon as they become subject to the rules, 
and that records for 3 years of operation are better than records for 
only 1 year. Thus, owners or operators of all existing affected sources 
that did not begin keeping records as of January 10, 2008, because they 
did not consider themselves subject to the rules, should begin keeping 
records as of the date of these final revisions to the rules (January 
24, 2011). All other existing sources should keep records of throughput 
as of January 10, 2008. As mentioned above, new sources must begin 
keeping throughout records upon start-up. We have clarified these 
requirements in the final rule at 40 CFR 63.11111(e).
4. Multiple Tanks at Multiple Locations at Affected Sources
    We proposed to add a new paragraph (h) in 40 CFR 63.11111 of 40 CFR 
part 63, subpart CCCCCC to clarify that a single area source may have 
multiple GDF. We received no comments on the proposed new paragraph and 
have incorporated it into the final rule.

C. Rule Clarifications

1. Recordkeeping for Continuous Compliance Monitoring
    The final rule language for alternative monitoring of control 
devices, in 40 CFR 63.11092(b)(1)(i)(B)(2)(ii) and 
(b)(1)(iii)(B)(2)(ii) of subpart BBBBBB, inadvertently included the 
emergency shutdown system among the equipment to be checked on a daily 
basis. The proposed amendments clarified that the emergency shutdown 
system, which is not part of the emissions control system, is not 
subject to the rule, but that the system is to be checked semi-
annually. We received no comments on this amendment and have finalized 
the amendment, as proposed.
    We also proposed revising the verification sentences in 40 CFR 
63.11092(b)(1)(i)(B)(2)(ii) and (b)(1)(iii)(B)(2)(ii) of 40 CFR part 
63, subpart BBBBBB to read as follows: ``Verification shall be through 
visual observation, or through an automated alarm or shutdown system 
that monitors and records system operation. A manual or electronic 
record of the start and end of a shutdown event may be used.''
    Comment: Commenters supported EPA's clarification that records of 
shutdown events may be either manual or electronic. The commenters 
stated, however, that detailed requirements for the record of a 
shutdown event are specified in 40 CFR 63.11092(b)(1)(i)(B)(2)(v) and 
(b)(1)(iii)(B)(2)(v), and, thus, the phrase ``start and end of a'' is 
unnecessary and potentially confusing. The commenters request that this 
phrase be deleted such that the sentence reads as follows: ``A manual 
or electronic record of the shutdown event may be used.''
    Response: In previous comments on this paragraph, the commenters 
suggested that either manual or electronic records of shutdown events 
should be allowed. We agreed with the commenter that the intent of the 
provision was to generate a record of such events, not to specify the 
exact form in which the record was generated. Thus, the revision that 
we proposed would allow for the manual recording of a shutdown event as 
an alternative to an electronic record. We disagree with the commenter, 
however, that the record of a shutdown event should not include both 
the time that the event began and the time that the unit was restarted 
after the event ended. It is important that the beginning and ending 
times, and, thus, the duration of such an event, be recorded. We 
consider the requirements in the paragraph to be clear and reasonable, 
and to meet the commenter's original desire that manual records be 
allowed. We have finalized the text of this paragraph as proposed.
2. Submerged Fill Drop Tube Measurements and Alternatives
    One stakeholder questioned how to measure the distance of the fill 
pipe from the bottom of the gasoline storage tank when the end of the 
fill pipe is cut at a 45 degree angle. In the preamble to the proposed 
rule, we explained that the measurement of the distance of the fill 
pipe from the bottom of the gasoline storage tank should be made at the 
point in the opening of the pipe that is the greatest distance from the 
bottom of the gasoline storage tank. We did not receive any comments on 
this approach.
    We proposed, in both subparts, to allow existing gasoline storage 
tanks to have fill pipes that are further from the bottom of the 
gasoline storage tank than specified in 40 CFR 63.11086(a) and 40 CFR 
63.11117(b) if the owner can demonstrate that at all times the level of 
the liquid in the gasoline storage tank is above the entire opening of 
the fill pipe,

[[Page 4168]]

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

[[Page 4169]]

step that had not previously been required for sources employing 40 CFR 
63.11092(a)(2) or 40 CFR 63.11092(a)(3) in lieu of 40 CFR 
63.11092(a)(1). The commenters stated that this change would add an 
approval step to a population of control devices that were not 
previously deemed subject to this requirement, and that the time 
remaining prior to the compliance date for the rule is insufficient to 
develop, gain approval of, and implement a CMS plan.
    Finally, the commenters stated that, given that this change in 
guidance has the effect of extending the CMS requirement to a 
population of control devices that were previously understood to not be 
subject to this requirement, and the fact that there had not been fair 
notice of this change, EPA should extend the compliance period for 
implementing CMS at facilities that, in lieu of conducting a new 
initial performance test, utilize the provisions of 40 CFR 
63.11092(a)(2) or 40 CFR 63.11092(a)(3). The commenters stated that EPA 
should allow 3 years from the date of publication of the final 
amendments for implementation of CMS for these facilities.
    Response: The General Provisions defines CMS as ``a comprehensive 
term that may include, but is not limited to, continuous emission 
monitoring systems, continuous opacity monitoring systems, continuous 
parameter monitoring systems, or other manual or automatic monitoring 
that is used for demonstrating compliance with an applicable regulation 
on a continuous basis as defined by the regulation.'' Thus, a CMS is 
not necessarily an add-on emissions monitor, but may be any type of 
manual or automatic monitoring that shows that the pollution controls 
are operating properly on a continuous basis. For example, a heat-
sensing device installed in proximity to the pilot light of a flare to 
indicate the presence of a flame would be a CMS because it would show 
whether or not the flare was operational.\4\
---------------------------------------------------------------------------

    \4\ It is our understanding that all control devices include 
process monitors such as these to assist the owner/operator in the 
proper operation of the device. Thus, these CMS are not likely to be 
significantly different than what would be used in the absence of 
these standards.
---------------------------------------------------------------------------

    As stated in the preamble to the proposed amendments (74 FR 66481), 
it was our intent that all vapor processors required under item 1(b) of 
Table 2 to 40 CFR part 63, subpart BBBBBB for gasoline loading rack(s) 
at a bulk gasoline terminal with gasoline throughput of 250,000 gpd, or 
greater, must have continuous compliance monitoring under 40 CFR 
63.11092(b). The January 10, 2008, final rule did not exempt anyone 
from the continuous monitoring requirements. Thus, it is not clear how 
the commenters came to their conclusion that some facilities did not 
have to comply with the continuous monitoring requirements. However, 
given that there was confusion, and given that the commenters are trade 
organizations that represent the majority of bulk gasoline terminals, 
we agreed that clarifications were needed. We proposed such 
clarifications and are finalizing them in this rulemaking.
    The commenter also mentioned Administrator approval as a new 
requirement. As explained above, it has always been our intent that 
vapor processors must have continuous monitoring and must comply with 
all of the associated requirements. The approval of the CMS monitoring 
plan by the Administrator (or the delegated authority) is not a new 
requirement but was always a part of the process of implementing the 
continuous monitoring provisions. In other words, the requirement for 
obtaining Administrator approval was included in the final rule and was 
not newly proposed in the proposed amendments (73 FR 1936-1938).
    CAA section 112(i)(3)(B) provides that EPA, or the delegated State 
or local authority, may grant an existing source a 1-year extension for 
compliance with an emission standard if such time is needed to install 
controls for meeting the standard. However, because the continuous 
monitoring requirements that we have clarified in these amendments are 
not emission standards, we are not extending the compliance date for 
these continuous monitoring requirements.
    Comment: Commenters support EPA's clarification that monitoring the 
pilot flame on a thermal oxidation system meets the requirements for a 
CMS, with the presence of the pilot flame constituting the monitored 
operating parameter. The commenters request, however, a clarification 
in the rule language. The commenters stated that the requirement is for 
the monitoring system to ``automatically prevent gasoline loading 
operations from beginning at any time that the pilot flame is absent.'' 
Thus, according to the commenters, the requirement is for the heat-
sensing device to send a signal (or refrain from sending a signal) to 
allow loading to commence, rather than to visually display the 
parameter value (i.e., on or off). The commenters recommended that this 
clarification might be achieved by the following edits to the rule 
language: 40 CFR 63.11092(b)(1)(iii)(B)(1), ``The presence of a thermal 
oxidation system pilot flame shall be monitored using a heat-sensing 
device, such as an ultraviolet beam sensor or a thermocouple, installed 
in proximity of the pilot light to indicate the presence of a flame. 
The heat-sensing device shall send a positive parameter value to 
indicate that the pilot flame is on, or a negative parameter value to 
indicate that the pilot flame is off.''
    Response: We considered the clarification recommended by the 
commenters and agree that the purpose of the heat sensing device is to 
send either a positive or a negative parameter value as a signal to 
indicate the presence or absence of the pilot flame. Thus, it is the 
action of sending the appropriate signal to the loading system that is 
significant, not the actual ``displaying'' of the positive or negative 
parameter value. In the final rule, we have incorporated the 
clarification into 40 CFR 63.11092(b)(1)(iii)(B)(1), as recommended by 
the commenters.
4. Secondary Rim Seal Requirements Specified Under 40 CFR Part 63, 
Subpart WW
    We proposed clarifying in item 2(d) in Table 1 to 40 CFR part 63, 
subpart BBBBBB, that the same rim seal requirements are intended 
regardless of whether the owner/operator opts to comply with 40 CFR 
part 60, subpart Kb, or 40 CFR part 63, subpart WW. In either case, the 
secondary seal requirements are meant to not apply to internal 
floating-roof tanks that are subject only to 40 CFR part 63, subpart 
BBBBBB.
    Comment: Commenters stated that they appreciate EPA's intended 
clarification, but stated that EPA's attempt to make the necessary 
corrections in Table 1 failed to properly do so. The commenters 
provided edits to the proposed Table 1 revisions that they claim will 
clearly specify that the secondary seal requirements from 40 CFR part 
60, subpart Kb (40 CFR 60.112b(a)(1)(ii)(B) and (a)(1)(iv) through 
(ix)), or 40 CFR part 63, subpart WW (40 CFR 63.1063(a)(1)(i)(C) and 
(D)) do not apply to internal floating roof tanks that are subject only 
to 40 CFR part 63, subpart BBBBBB.
    Response: We reviewed the commenter's recommended edits to the 
proposed Table 1 revisions and agree that the edits are appropriate. In 
the proposal, we inadvertently referred to the secondary seal 
requirements from 40 CFR part 63, subpart WW in the same Table 1 entry 
as the requirements from 40 CFR part 60, subpart Kb. Our intent was to 
discuss subpart Kb and subpart WW in separate Table 1 entries. Thus,

[[Page 4170]]

we have revised the text of items 2.(b) and 2.(d) in Table 1 to 40 CFR 
part 63, subpart BBBBBB to read as follows:
    ``(b) Equip each internal floating roof gasoline storage tank 
according to the requirements in Sec.  60.112b(a)(1) of this chapter, 
except for the secondary seal requirements under Sec.  
60.112b(a)(1)(ii)(B) and the requirements in Sec.  60.112b(a)(1)(iv) 
through (ix) of this chapter;''
    ``(d) Equip and operate each internal and external floating roof 
gasoline storage tank according to the applicable requirements in Sec.  
63.1063(a)(1) and (b), except for the secondary seal requirements under 
Sec.  63.1063(a)(1)(i)(C) and (D), and equip each external floating 
roof gasoline storage tank according to the requirements of Sec.  
63.1063(a)(2) if such storage tank does not currently meet the 
requirements of Sec.  63.1063(a)(1).''
5. Monitoring of Submerged Fill Loading Racks
    We proposed a clarification that the testing and monitoring 
provisions of 40 CFR 63.11092 in subpart BBBBBB do not apply to bulk 
gasoline terminals with throughputs below the threshold value of 
250,000 gpd. We received no comments related to the proposed 
clarification and have incorporated it into the final rule.
6. Initial Notifications
    We did not propose revisions to the Initial Notification 
requirements, but we did solicit comment on whether the provisions, as 
written, including those in the General Provisions, are sufficient for 
accommodating all facilities who find it necessary to submit a revised 
Notification or a new Notification as a result of amendments to the 
rule.
    Comment: One commenter restated that EPA should clarify how newly-
subject sites should proceed with submitting Initial Notifications. The 
commenter stated that, in the preamble, EPA states that newly-subject 
sites would have 120 days after the source becomes subject to the 
relevant standard to submit the Initial Notification in accordance with 
40 CFR 63.9(b)(2). The commenter stated that 40 CFR 63.11124(a)(1) does 
not reference 40 CFR 63.9(b)(2), however, and that confuses the 
subject. They suggested edits to 40 CFR 63.11124(a)(1) that would 
revise the first sentence to read: ``You must submit an Initial 
Notification that you are subject to this subpart by May 9, 2008, or 
within 120 calendar days after you become subject to Sec.  63.11117, 
whichever is later, unless you meet the requirements in paragraph 
(a)(3) of this section.''
    Response: We agree with the commenter that those GDF that would be 
considered ``newly-subject'' affected sources as a result of revisions 
to the subparts should have adequate time to submit new or revised 
Initial Notifications. We have included in the final rule provisions 
that specify that sources that have become affected sources as a result 
of the revisions to the subpart have 120 days in which to submit the 
Initial Notification.
    For GDF, in the final rule we have clarified the compliance dates 
for GDF that only load gasoline into fuel tanks other than those in 
motor vehicles, as defined in 40 CFR 63.11132. We have also added rule 
text in 40 CFR 63.11124 \5\ stating that GDF that only load gasoline 
into fuel tanks other than those in motor vehicles, as defined in 40 
CFR 63.11132, must submit Initial Notifications \6\ by May 24, 2011. 
Those sources include GDF that dispense gasoline into portable tanks or 
to end users other than motor vehicles, as defined in 40 CFR 63.11132, 
and that may not have considered themselves subject to the rule prior 
to the clarification of the definition of GDF.
---------------------------------------------------------------------------

    \5\ 40 CFR 63.11124(a)(1) applies to GDF with monthly throughput 
of 10,000 gallons of gasoline or more, and 40 CFR 63.11124(b)(1) 
applies to GDF with monthly throughput of 100,000 gallons of 
gasoline or more. As specified in 40 CFR 63.11116(b), GDF with 
monthly throughput of less than 10,000 gallons of gasoline are not 
required to submit notifications or reports, but must have records 
available within 24 hours of a request by the Administrator to 
document gasoline throughput.
    \6\ These notifications must include the following information: 
The name and address of the owner or operator; the address (i.e., 
physical location) of the affected source; an identification of the 
relevant standard, or other requirement, that is the basis of the 
notification, and the source's compliance date; a brief description 
of the nature, size, design, and method of operation of the source 
and an identification of the types of emission points within the 
affected source subject to the relevant standard and types of 
hazardous air pollutants emitted; and a statement of whether the 
affected source is a major source or an area source. Notifications 
must be submitted to the Administrator, the appropriate Regional 
office, and the State, as specified in 40 CFR 63.9.
---------------------------------------------------------------------------

7. Notification of Compliance Status (NOCS)
    In the January 10, 2008, final rule (40 CFR part 63, subpart 
CCCCCC), 40 CFR 63.11124(a)(2) and (b)(2) stated that the NOCS be 
submitted by the compliance date specified in 40 CFR 63.11113. However, 
Table 3 indicates that the NOCS should be submitted according to the 
schedule specified in 40 CFR 63.9(h), which states that the NOCS is due 
60 days following the compliance demonstration. Stakeholders pointed 
out this inconsistency, and we proposed revising the rule text in 40 
CFR 63.11124(a)(2) and (b)(2) to be consistent with the 60-day time 
frame specified in 40 CFR 63.9(h) for submittal of the NOCS for GDF. In 
each paragraph, the revised text would read as follows: ``You must 
submit a Notification of Compliance Status to the applicable EPA 
Regional Office and the delegated State authority, as specified in 
Sec.  63.13, in accordance with the schedule specified in Sec.  
63.9(h).''
    Comment: One commenter stated that, because there are no initial 
performance tests or compliance demonstrations for owners and operators 
subject to the control requirements in 40 CFR 63.11117 (submerged 
fill), it is unclear when the NOCS is due for these sources. The 
commenter stated that if it is EPA's intent for sources subject to the 
control requirements in 40 CFR 63.11117 to submit their NOCS within 60 
days of the compliance date, this should be expressly stated in the 
rule.
    Response: We agree with the recommendation made by the commenter, 
and have included the 60-day timeframe for the submittal of the NOCS in 
40 CFR 63.11124(a)(2), which now reads: ``You must submit a 
Notification of Compliance Status to the applicable EPA Regional office 
and the delegated State authority, as specified in Sec.  63.13, within 
60 days of the applicable compliance date specified in Sec.  63.11113, 
unless you meet the requirements in paragraph (a)(3) of this section.''
8. Storage Tank Inspections
    We received several questions from stakeholders regarding the 
specific requirements for gasoline storage tank inspections under 40 
CFR part 63, subpart BBBBBB. However, we proposed to leave the gasoline 
storage tank inspection requirements unchanged from the January 10, 
2008, final rule. We received no comments related to this proposal, and 
have not revised the gasoline storage tank inspection requirements.
9. General Provisions Applicability
    We proposed to revise certain entries in Table 3 to 40 CFR part 63, 
subpart BBBBBB, and Table 3 to 40 CFR part 63, subpart CCCCCC, to 
eliminate requirements related to startup, shutdown, and malfunction 
(SSM) plans, which are not required under these subparts. We proposed 
that in the ``applicability'' column in Table 3 for each subpart, the 
entries for 40 CFR 63.7(e)(1), 63.8(c), and 63.10(b)(2)(i) through (iv) 
be changed from ``yes'' to ``no.'' Since proposal, we have identified 
certain other provisions listed in Table 3 to each subpart that are 
related to the now vacated SSM provisions (Sierra

[[Page 4171]]

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

[[Page 4172]]

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

[[Page 4173]]

specific definition or definitions that EPA is proposing. Second, the 
commenter believes that it is important to ensure consistency among 
standards regulating gasoline (NSPS, major source NESHAP, and area 
source NESHAP) and to make certain that only the affected source 
categories are regulated under 40 CFR part 63, subpart BBBBBB and 40 
CFR part 63, subpart CCCCCC.
    Response: As discussed above, we have finalized the definition of 
gasoline as proposed. Our intention was not to change the definition of 
gasoline, but instead to incorporate the established definition into 
these standards instead of simply referring to the definition in other 
standards.
    Commenters provided many reasons to support their position that 
emissions from the storage of denatured ethanol should not be regulated 
under 40 CFR part 63, subpart BBBBBB or 40 CFR part 63, subpart CCCCCC. 
We considered the comments, and agree that it is not appropriate to 
include the storage of denatured ethanol in this source category. 
Denatured ethanol does not meet the definition of ``gasoline'' because 
it typically does not have ``a Reid vapor pressure of 27.6 kilopascals 
or greater'' and it is not ``used as a fuel for internal combustion 
engines.'' Thus, tanks storing denatured ethanol are not ``gasoline 
storage tanks,'' and, therefore, not subject to subpart BBBBBB or 
subpart CCCCCC. In addition, we determined that the potential 
environmental benefit (HAP reduction) is minimal, and that the 
installation of storage tank controls (floating roofs) on a tank 
storing denatured ethanol containing 5-percent gasoline is not cost-
effective.\7\ For these reasons, we concluded that tanks storing 
denatured ethanol should not be included in the Gasoline Distribution 
source category; therefore, the final rule does not include the storage 
of denatured ethanol as an affected source.
---------------------------------------------------------------------------

    \7\ We determined that the HAP cost-effectiveness of adding a 
floating roof to a typical tank storing denatured ethanol would be 
about $700,000 per ton.
---------------------------------------------------------------------------

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

[[Page 4174]]

definition of ``gasoline.'' For these reasons, we concluded that tanks 
storing transmix should not be included in the gasoline distribution 
area source category; therefore, the final rule does not include the 
tanks storing transmix as an affected source.
12. Table 1 Requirements for ``New'' Storage Tanks
    We proposed rule text in 40 CFR part 63, subpart CCCCCC to clarify 
that ``new'' GDF storage tanks were those constructed after the 
November 9, 2006, publication of the proposed rule. We received no 
comments related to the proposed clarification and have incorporated it 
into the final rule.
13. Requirements for Gasoline Containers
    We proposed to add paragraph (d) to 40 CFR 63.11116 in 40 CFR part 
63, subpart CCCCCC stating that ``Portable gasoline containers that 
meet the requirements of 40 CFR part 59, subpart F, are considered 
acceptable for compliance with paragraph (a)(3) of this section.'' We 
received no comments related to the proposed clarification, and have 
incorporated it into the final rule.
14. Cargo Tank Testing and Documentation
    We proposed revising the definition of ``vapor-tight gasoline cargo 
tank'' in 40 CFR part 63, subpart BBBBBB (and including the same 
definition in 40 CFR part 63, subpart CCCCCC) to change the reference 
to the vapor tightness test requirements from those found in 40 CFR 
60.501 (40 CFR part 60, subpart XX) to those found in 40 CFR 
63.11092(f). The proposed definition reads as follows: ``vapor-tight 
gasoline cargo tank means a gasoline cargo tank which has demonstrated 
within the 12 preceding months that it meets the annual certification 
test requirements in Sec.  63.11092(f).''
    Comment: One commenter stated that the most obvious and reasonable 
place to look for the testing requirements for vapor tightness testing 
of cargo tanks at GDF would be in 40 CFR 63.11120. The commenter 
pointed out that 40 CFR 63.11120, which addresses all other testing and 
monitoring requirements, fails to include anything about the vapor 
tightness testing for cargo tanks. The commenter stated that, for 
clarity, the vapor tightness testing requirements for cargo tanks 
should be added to 40 CFR 63.11120. The commenter also pointed out a 
typographical error in proposed 40 CFR 63.11125(c). The commenter 
stated that the citation included in the paragraph should be to ``Sec.  
63.11094(b)(2)(i) through (viii)'' rather than to ``Sec.  
63.11094(b)(i) through (viii)'' as it appears in the proposal.
    Response: We agree with the commenter that it is reasonable to 
expect that the vapor tightness testing requirements for cargo tanks at 
GDF would be included in 40 CFR 63.11120, ``What testing and monitoring 
requirements must I meet?'' We have revised 40 CFR 63.11120 to include 
a new paragraph (d) that cross-references the vapor tightness testing 
requirements found in 40 CFR 63.11092(f).
    We also agree with the commenter that proposed 40 CFR 63.11125(c) 
contains a typographical error. The citation included in the paragraph 
should be to ``Sec.  63.11094(b)(2)(i) through (viii)'' rather than to 
``Sec.  63.11094(b)(i) through (viii)'' as it appears in the proposal. 
We have corrected this error in the final rule.
    Comment: Commenters requested clarification of the requirements for 
vapor tightness testing of gasoline cargo tanks. The commenters stated 
that the annual vapor tightness test specified in 40 CFR part 63, 
subpart BBBBBB is nominally the same as that specified in 40 CFR part 
60, subpart XX. They further stated that each of these rules is 
understood to require pressurizing the tank to 18 inches of water 
column, and each rule requires that the pressure drop in 5 minutes 
shall not exceed 3 inches of water column. However, the commenters 
stated that in subpart XX, the 18-inch water column pressure is 
approximated as 450 millimeter (mm) of water, but in subpart BBBBBB it 
is approximated as 460 mm of water. The commenters further stated that 
subpart XX specifies the limit on pressure drop as 75 mm of water, 
whereas subpart BBBBBB specifies 3 inches of water. The commenters 
stated that the preamble to the proposed amendments characterize the 
subpart BBBBBB vapor tightness test requirements as being different 
than the requirements specified in subpart XX, and the proposed 
amendments change the cited requirements in the definition of a vapor-
tight gasoline cargo tank from those in 40 CFR 60.501 to those in 40 
CFR 63.11092(f). The commenters stated that many facilities, however, 
will be subject to both regulations and there is no apparent benefit to 
testing a gasoline cargo tank twice for essentially the same criteria. 
The commenters request that EPA stipulate in subpart BBBBBB that 
compliance with the annual vapor tightness testing specified in subpart 
BBBBBB satisfies the annual vapor tightness testing requirement of 
subpart XX.
    Response: We considered the commenter's recommendation and agree 
that there is no reason to have two sets of testing criteria that use 
nearly the same pressure test. However, 40 CFR part 63, subpart BBBBBB 
(at 40 CFR 63.11092(f)) also requires a test under vacuum, while 40 CFR 
part 60, subpart XX does not. We also agree that there would be no 
benefit to requiring that a cargo tank be tested twice to satisfy the 
testing requirements in subpart XX and subpart BBBBBB (these 
requirements are also referenced in 40 CFR part 63, subpart CCCCCC). We 
have added text to 40 CFR 63.11092(f) specifying that ``facilities that 
are subject to subpart XX of 40 CFR part 60 may elect, after 
notification to the subpart XX delegated authority, to comply with 
paragraphs (f)(1) and (f)(2) of this section.''

D. Comments Addressing Other Provisions That Were Not Proposed To Be 
Amended

    Comment: Commenters request that the language of item 1(c) in Table 
2 to 40 CFR part 63, subpart BBBBBB be edited to clarify the intent. A 
similar provision in the Marine Tank Vessel Loading MACT rule specifies 
that the vapor collection system shall be designed to ``prevent HAP 
vapors collected at one loading berth from passing through another 
loading berth to the atmosphere.'' Commenters assert that similar 
clarity could be brought to this rule by editing this item to read as 
follows: ``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.''
    Response: We have revised item 1(c) in Table 2 to 40 CFR part 63, 
subpart BBBBBB, as recommended by the commenter.
    Comment: One commenter requested clarification that the analyzer 
for conducting monthly measurements of the carbon outlet VOC 
concentration (from a carbon bed) can be permanently mounted (i.e., it 
need not be portable, as stated in the rule at 40 CFR 
63.11092(b)(1)(i)(B)(1)(iii)). The commenter stated that the subject 
sentence in the final rule currently reads: ``Measurements shall be 
made using a portable analyzer, in accordance with 40 CFR part 60, 
Appendix A-7, EPA Method 21 for open-ended lines.'' The commenter 
suggested that the phrase ``or a permanently mounted analyzer'' be 
inserted into the current rule language.
    Response: We agree with the commenter that it is not necessary that 
the analyzer be portable and have made

[[Page 4175]]

the recommended revision in the final rule.

V. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is, 
therefore, not subject to review under the Executive Order.

B. Paperwork Reduction Act

    This action does not impose any new information collection burden. 
The final amendments clarify, but do not add requirements that increase 
the collection burden. The information collection requirements 
contained in the existing regulations at 40 CFR part 63, subpart BBBBBB 
and 40 CFR part 63, subpart CCCCCC were sent to the Office of 
Management and Budget (OMB) for approval under the provisions of the 
Paperwork Reduction Act, 44 U.S.C. 3501, et seq. OMB approved 
Information Collection Request (ICR) 2237.02--NESHAP for Source 
Categories: Gasoline Distribution Bulk Terminals, Bulk Plants, and 
Pipeline Facilities; and Gasoline Dispensing Facilities (40 CFR part 
63, subpart BBBBBB and 40 CFR part 63, subpart CCCCCC) (Final Rule) and 
assigned OMB control number 2060-0620. This ICR was approved by OMB 
without change. The OMB control numbers for EPA regulations in 40 CFR 
are listed in 40 CFR part 9. We are amending 40 CFR part 9 to add the 
OMB control numbers for these rules.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to prepare a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements under the Administrative 
Procedure Act, or any other statute unless the Agency certifies that 
the rule will not have a significant economic impact on a substantial 
number of small entities. Small entities include small businesses, 
small organizations, and small governmental jurisdictions.
    For purposes of assessing the impacts of the final amendments on 
small entities, small entity is defined as: (1) A small business as 
defined by the Small Business Administration's regulations at 13 CFR 
121.201; (2) a small governmental jurisdiction that is a government of 
a city, county, town, school district or special district with a 
population of less than 50,000; or (3) a small organization that is any 
not-for-profit enterprise which is independently owned and operated and 
is not dominant in its field.
    After considering the economic impacts of these final amendments on 
small entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. The final 
amendments do not impose any new requirement on small entities that are 
not currently required by the final rules (i.e., minimizing gasoline 
spills and evaporation).

D. Unfunded Mandates Reform Act (UMRA)

    These final amendments do not contain a Federal mandate that may 
result in expenditures of $100 million or more for State, local, and 
Tribal governments, in the aggregate, or the private sector in any one 
year. These final amendments clarify certain provisions and correct 
typographical errors in the rule text for a rule EPA previously 
determined did not include a Federal mandate that may result in an 
estimated cost of $100 million or more (69 FR 5061, February 3, 2004). 
Thus, the final amendments are not subject to the requirements of 
sections 202 or 205 of UMRA.
    The final amendments are also not subject to the requirements of 
section 203 of UMRA because they contain no regulatory requirements 
that might significantly or uniquely affect small governments. The 
final amendments clarify certain provisions and correct typographical 
errors in the rule text; thus, they should not affect small 
governments.

E. Executive Order 13132: Federalism

    These final amendments do not have federalism implications. They 
will not have substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government, as specified in Executive Order 13132. They provide 
clarification and correct typographical errors. These changes do not 
modify existing, or create new responsibilities among EPA Regional 
Offices, States, or local enforcement agencies. Thus, Executive Order 
13132 does not apply to these final amendments.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    These final amendments do not have Tribal implications, as 
specified in Executive Order 13175 (65 FR 67249, November 9, 2000). 
They will not have substantial direct effects on Tribal governments, on 
the relationship between the Federal government and Indian Tribes, or 
on the distribution of power and responsibilities between the Federal 
government and Indian Tribes. Thus, Executive Order 13175 does not 
apply to these final amendments.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997) 
as applying to those regulatory actions that concern health or safety 
risks, such that the analysis required under section 5-501 of the 
Executive Order has the potential to influence the regulation. This 
action is not subject to Executive Order 13045 because it is based 
solely on technology performance.

H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    These final amendments are not subject to Executive Order 13211 (66 
FR 18355, May 22, 2001) because they are not a significant energy 
action under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Public Law 104-113, 12(d) (15 U.S.C. 272 note) 
directs EPA to use voluntary consensus standards (VCS) in its 
regulatory activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. VCS are technical standards 
(e.g., materials specifications, test methods, sampling procedures, and 
business practices) that are developed or adopted by VCS bodies. NTTAA 
directs EPA to provide Congress, through OMB, explanations when the 
Agency decides not to use available and applicable VCS.
    The final amendments involve technical standards. In the final rule 
promulgated on January 10, 2008 (73 FR 1916), we considered NTTAA. 
Since then, an additional standard was presented by stakeholders. The 
EPA has decided to use that additional standard, as discussed in 
section IV.C.10 of this preamble, entitled ``Bay Area Air Quality 
Management District Source Test Procedure ST-30--Static Pressure 
Integrity Test, Underground Storage Tanks,'' adopted November 30, 1983, 
and amended December 21, 1994. The test method will be incorporated by 
reference (see 40 CFR 63.14). This method is available at http://
www.arb.ca.gov/DRDB/BA/CURHTML/

[[Page 4176]]

ST/st30.pdf, or from the Bay Area Air Quality Management District, 939 
Ellis Street, San Francisco, California 94109.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes 
Federal executive policy on environmental justice. Its main provision 
directs Federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States.
    EPA has determined that these final amendments will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because they do not 
affect the level of protection provided to human health or the 
environment. These final amendments do not relax the control measures 
on sources regulated by the rule and will not cause emissions increases 
from these sources.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801, et seq., as added by 
the Small Business Regulatory Enforcement Fairness Act of 1996, 
generally provides that before a rule may take effect, the agency 
promulgating the rule must submit a rule report, which includes a copy 
of the rule, to each House of the Congress and to the Comptroller 
General of the United States. EPA will submit a report containing these 
final amendments and other required information to the United States 
Senate, the United States House of Representatives, and the Comptroller 
General of the United States prior to publication of the final 
amendments in the Federal Register. A major rule cannot take effect 
until 60 days after it is published in the Federal Register. This 
action is not a ``major rule'' as defined by 5 U.S.C. 804(2). These 
final amendments will be effective on January 24, 2011.

List of Subjects

40 CFR Part 9

    Environmental protection, Reporting and recordkeeping requirements.

40 CFR Part 63

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Incorporation by reference, Intergovernmental 
relations, Reporting and recordkeeping requirements.

    Dated: January 10, 2011.
Lisa P. Jackson,
Administrator.
    For the reasons set out in the preamble, parts 9 and 63 of title 
40, chapter I, of the Code of Federal Regulations are amended as 
follows:

PART 9--[AMENDED]

0
1. The authority citation for part 9 continues to read as follows:

    Authority:  7 U.S.C. 135, et seq., 136-136y; 15 U.S.C. 2001, 
2003, 2005, 2006, 2601-2671; 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 
9701; 33 U.S.C. 1251, et seq., 1311, 1313d, 1314, 1321, 1326, 1330, 
1344, 1345(d) and (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR 1971-
1975 Comp., p. 973; 42 U.S.C. 241, 242b, 243, 246, 300f, 300g, 300g-
1, 300g-2, 300g-3, 300g-4, 300g-5, 300g-6, 300j-1, 300j-2, 300j-3, 
300j-4, 300j-9, 1857, et seq., 6901-6992k, 7401-7671q, 7542, 9601-
9657, 11023, 11048.


0
2. The table in Sec.  9.1 is amended by adding the following entries in 
numerical order under the undesignated center heading ``National 
Emission Standards for Hazardous Air Pollutants for Source Categories'' 
to read as follows:


Sec.  9.1  OMB approvals under the Paperwork Reduction Act

* * * * *

------------------------------------------------------------------------
                   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.

* * * * *

PART 63--[AMENDED]

0
3. The authority citation for part 63 continues to read as follows:

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


0
4. Section 63.14 is amended by adding new paragraph (o) to read as 
follows:


Sec.  63.14  Incorporations by reference.

* * * * *
    (o) The following material is available from the Bay Area Air 
Quality Management District (BAAQMD), 939 Ellis Street, San Francisco, 
California 94109, and is also available at the following Web site: 
http://www.arb.ca.gov/DRDB/BA/CURHTML/ST/st30.pdf.
    (1) ``BAAQMD Source Test Procedure ST-30--Static Pressure Integrity 
Test, Underground Storage Tanks,'' adopted November 30, 1983, and 
amended December 21, 1994, IBR approved for Sec.  63.11120(a)(2)(iii).
    (2) [Reserved]

Subpart BBBBBB--[AMENDED]

0
5. Section 63.11081 is amended by adding paragraphs (c) through (j) to 
read as follows:


Sec.  63.11081  Am I subject to the requirements in this subpart?

* * * * *
    (c) Gasoline storage tanks that are located at affected sources 
identified in paragraphs (a)(1) through (a)(4) of this section, and 
that are used only for dispensing gasoline in a manner consistent with 
tanks located at a gasoline dispensing facility as defined in Sec.  
63.11132, are not subject to any of the requirements in this subpart. 
These tanks must comply with subpart CCCCCC of this part.
    (d) The loading of aviation gasoline into storage tanks at 
airports, and the subsequent transfer of aviation gasoline

[[Page 4177]]

within the airport, is not subject to this subpart.
    (e) The loading of gasoline into marine tank vessels at bulk 
facilities is not subject to this subpart.
    (f) If your affected source's throughput ever exceeds an applicable 
throughput threshold in the definition of ``bulk gasoline terminal'' or 
in item 1 in Table 2 to this subpart, the affected source will remain 
subject to the requirements for sources above the threshold, even if 
the affected source throughput later falls below the applicable 
throughput threshold.
    (g) For the purpose of determining gasoline throughput, as used in 
the definition of bulk gasoline plant and bulk gasoline terminal, the 
20,000 gallons per day threshold throughput is the maximum calculated 
design throughout for any day, and is not an average. An enforceable 
State, local, or Tribal permit limitation on throughput, established 
prior to the applicable compliance date, may be used in lieu of the 
20,000 gallons per day design capacity throughput threshold to 
determine whether the facility is a bulk gasoline plant or a bulk 
gasoline terminal.
    (h) Storage tanks that are used to load gasoline into a cargo tank 
for the on-site redistribution of gasoline to another storage tank are 
subject to this subpart.
    (i) For any affected source subject to the provisions of this 
subpart and another Federal rule, you may elect to comply only with the 
more stringent provisions of the applicable subparts. You must consider 
all provisions of the rules, including monitoring, recordkeeping, and 
reporting. You must identify the affected source and provisions with 
which you will comply in your Notification of Compliance Status 
required under Sec.  63.11093. You also must demonstrate in your 
Notification of Compliance Status that each provision with which you 
will comply is at least as stringent as the otherwise applicable 
requirements in this subpart. You are responsible for making accurate 
determinations concerning the more stringent provisions; noncompliance 
with this rule is not excused if it is later determined that your 
determination was in error, and, as a result, you are violating this 
subpart. Compliance with this rule is your responsibility, and the 
Notification of Compliance Status does not alter or affect that 
responsibility.
    (j) For new or reconstructed affected sources, as specified in 
Sec.  63.11082(b) and (c), recordkeeping to document applicable 
throughput must begin upon startup of the affected source. For existing 
sources, as specified in Sec.  63.11082(d), recordkeeping to document 
applicable throughput must begin on January 10, 2008. Records required 
under this paragraph shall be kept for a period of 5 years.

0
6. Section 63.11083 is amended by revising paragraph (c) to read as 
follows:


Sec.  63.11083  When do I have to comply with this subpart?

* * * * *
    (c) If you have an existing affected source that becomes subject to 
the control requirements in this subpart because of an increase in the 
daily throughput, as specified in option 1 of Table 2 to this subpart, 
you must comply with the standards in this subpart no later than 3 
years after the affected source becomes subject to the control 
requirements in this subpart.

0
7. A new Sec.  63.11085 is added following the Emission Limitations and 
Management Practices heading to read as follows:


Sec.  63.11085  What are my general duties to minimize emissions?

    Each owner or operator of an affected source under this subpart 
must comply with the requirements of paragraphs (a) and (b) of this 
section.
    (a) You must, at all times, operate and maintain any affected 
source, including associated air pollution control equipment and 
monitoring equipment, in a manner consistent with safety and good air 
pollution control practices for minimizing emissions. Determination of 
whether such operation and maintenance procedures are being used will 
be based on information available to the Administrator, which may 
include, but is not limited to, monitoring results, review of operation 
and maintenance procedures, review of operation and maintenance 
records, and inspection of the source.
    (b) You must keep applicable records and submit reports as 
specified in Sec.  63.11094(g) and Sec.  63.11095(d).

0
8. Section 63.11086 is amended by revising paragraphs (a) and (b) to 
read as follows:


Sec.  63.11086  What requirements must I meet if my facility is a bulk 
gasoline plant?

* * * * *
    (a) Except as specified in paragraph (b) of this section, you must 
only load gasoline into storage tanks and cargo tanks at your facility 
by utilizing submerged filling, as defined in Sec.  63.11100, and as 
specified in paragraphs (a)(1), (a)(2), or (a)(3) of this section. The 
applicable distances in paragraphs (a)(1) and (2) of this section shall 
be measured from the point in the opening of the submerged fill pipe 
that is the greatest distance from the bottom of the storage tank.
    (1) Submerged fill pipes installed on or before November 9, 2006, 
must be no more than 12 inches from the bottom of the tank.
    (2) Submerged fill pipes installed after November 9, 2006, must be 
no more than 6 inches from the bottom of the tank.
    (3) Submerged fill pipes not meeting the specifications of 
paragraphs (a)(1) or (a)(2) of this section are allowed if the owner or 
operator can demonstrate that the liquid level in the gasoline storage 
tank is always above the entire opening of the fill pipe. Documentation 
providing such demonstration must be made available for inspection by 
the Administrator's delegated representative during the course of a 
site visit.
    (b) Gasoline storage tanks with a capacity of less than 250 gallons 
are not required to comply with the control requirements in paragraph 
(a) of this section, but must comply only with the requirements in 
paragraph (d) of this section.
* * * * *

0
9. Section 63.11092 is amended by:
0
a. Revising paragraph (a) introductory text;
0
b. Revising paragraph (b) introductory text;
0
c. Revising paragraph (b)(1) introductory text;
0
d. Revising paragraph (b)(1)(i)(B)(1)(iii);
0
e. Revising paragraph (b)(1)(i)(B)(2)(ii);
0
f. Revising paragraph (b)(1)(i)(B)(2)(iii);
0
g. Revising paragraph (b)(1)(iii)(B)(1);
0
h. Revising paragraph (b)(1)(iii)(B)(2)(ii);
0
i. Revising paragraph (b)(1)(iii)(B)(2)(iii);
0
j. Revising paragraph (f) introductory text; and
0
k. Adding a new paragraph (g) to read as follows:


Sec.  63.11092  What testing and monitoring requirements must I meet?

    (a) Each owner or operator of a bulk gasoline terminal subject to 
the emission standard in item 1(b) of Table 2 to this subpart must 
comply with the requirements in paragraphs (a) through (d) of this 
section.
* * * * *
    (b) Each owner or operator of a bulk gasoline terminal subject to 
the provisions of this subpart shall install, calibrate, certify, 
operate, and maintain, according to the manufacturer's specifications, 
a continuous monitoring system (CMS) while gasoline vapors are 
displaced to the vapor processor

[[Page 4178]]

systems, as specified in paragraphs (b)(1) through (5) of this section. 
For each facility conducting a performance test under paragraph (a)(1) 
of this section, and for each facility utilizing the provisions of 
paragraphs (a)(2) or (a)(3) of this section, the CMS must be installed 
by January 10, 2011.
    (1) For each performance test conducted under paragraph (a)(1) of 
this section, the owner or operator shall determine a monitored 
operating parameter value for the vapor processing system using the 
procedures specified in paragraphs (b)(1)(i) through (iv) of this 
section. During the performance test, continuously record the operating 
parameter as specified under paragraphs (b)(1)(i) through (iv) of this 
section.
    (i) * * *
    (B) * * *
    (1) * * *
    (iii) Conduct monthly measurements of the carbon bed outlet 
volatile organic compounds (VOC) concentration over the last 5 minutes 
of an adsorption cycle for each carbon bed, documenting the highest 
measured VOC concentration. Measurements shall be made using a portable 
analyzer, or a permanently mounted analyzer, in accordance with 40 CFR 
part 60, Appendix A-7, EPA Method 21 for open-ended lines.
    (2) * * *
    (ii) The owner or operator shall verify, during each day of 
operation of the loading rack, the proper valve sequencing, cycle time, 
gasoline flow, purge air flow, and operating temperatures. Verification 
shall be through visual observation, or through an automated alarm or 
shutdown system that monitors system operation. A manual or electronic 
record of the start and end of a shutdown event may be used.
    (iii) The owner or operator shall perform semi-annual preventive 
maintenance inspections of the carbon adsorption system, including the 
automated alarm or shutdown system for those units so equipped, 
according to the recommendations of the manufacturer of the system.
* * * * *
    (iii) * * *
    (B) * * *
    (1) The presence of a thermal oxidation system pilot flame shall be 
monitored using a heat-sensing device, such as an ultraviolet beam 
sensor or a thermocouple, installed in proximity of the pilot light, to 
indicate the presence of a flame. The heat-sensing device shall send a 
positive parameter value to indicate that the pilot flame is on, or a 
negative parameter value to indicate that the pilot flame is off.
* * * * *
    (2) * * *
    (ii) The owner or operator shall verify, during each day of 
operation of the loading rack, the proper operation of the assist-air 
blower and the vapor line valve. Verification shall be through visual 
observation, or through an automated alarm or shutdown system that 
monitors system operation. A manual or electronic record of the start 
and end of a shutdown event may be used.
    (iii) The owner or operator shall perform semi-annual preventive 
maintenance inspections of the thermal oxidation system, including the 
automated alarm or shutdown system for those units so equipped, 
according to the recommendations of the manufacturer of the system.
* * * * *
    (f) The annual certification test for gasoline cargo tanks shall 
consist of the test methods specified in paragraphs (f)(1) or (f)(2) of 
this section. Affected facilities that are subject to subpart XX of 40 
CFR part 60 may elect, after notification to the subpart XX delegated 
authority, to comply with paragraphs (f)(1) and (2) of this section.
* * * * *
    (g) Conduct of performance tests. Performance tests conducted for 
this subpart shall be conducted under such conditions as the 
Administrator specifies to the owner or operator, based on 
representative performance (i.e., performance based on normal operating 
conditions) of the affected source. Upon request, the owner or operator 
shall make available to the Administrator such records as may be 
necessary to determine the conditions of performance tests.

0
10. Section 63.11094 is amended by adding a new paragraph (g) to read 
as follows:


Sec.  63.11094  What are my recordkeeping requirements?

* * * * *
    (g) Each owner or operator of an affected source under this subpart 
shall keep records as specified in paragraphs (g)(1) and (2) of this 
section.
    (1) Records of the occurrence and duration of each malfunction of 
operation (i.e., process equipment) or the air pollution control and 
monitoring equipment.
    (2) Records of actions taken during periods of malfunction to 
minimize emissions in accordance with Sec.  63.11085(a), including 
corrective actions to restore malfunctioning process and air pollution 
control and monitoring equipment to its normal or usual manner of 
operation.

0
11. Section 63.11095 is amended by adding a new paragraph (a)(4) and a 
new paragraph (d) to read as follows:


Sec.  63.11095  What are my reporting requirements?

    (a) * * *
    (4) For storage vessels complying with Sec.  63.11087(b) after 
January 10, 2011, the storage vessel's Notice of Compliance Status 
information can be included in the next semi-annual compliance report 
in lieu of filing a separate Notification of Compliance Status report 
under Sec.  63.11093.
* * * * *
    (d) Each owner or operator of an affected source under this subpart 
shall submit a semiannual report including the number, duration, and a 
brief description of each type of malfunction which occurred during the 
reporting period and which caused or may have caused any applicable 
emission limitation to be exceeded. The report must also include a 
description of actions taken by an owner or operator during a 
malfunction of an affected source to minimize emissions in accordance 
with Sec.  63.11085(a), including actions taken to correct a 
malfunction. The report may be submitted as a part of the semiannual 
compliance report, if one is required. Owners or operators of affected 
bulk plants and pipeline pumping stations are not required to submit 
reports for periods during which no malfunctions occurred.

0
12. Section 63.11100 is amended by:
0
a. Adding, in alphabetical order, new definitions of ``gasoline,'' 
``gasoline storage tank or vessel,'' and ``surge control tank or 
vessel''; and
0
b. Revising the definitions of ``bulk gasoline plant,'' ``pipeline 
pumping station,'' and ``vapor-tight gasoline cargo tank'' to read as 
follows:


Sec.  63.11100  What definitions apply to this subpart?

* * * * *
    Bulk gasoline plant means any gasoline storage and distribution 
facility that receives gasoline by pipeline, ship or barge, or cargo 
tank, and subsequently loads the gasoline into gasoline cargo tanks for 
transport to gasoline dispensing facilities, and has a gasoline 
throughput of less than 20,000 gallons per day. Gasoline throughput 
shall be the maximum calculated design throughput as may be limited by 
compliance with an enforceable condition under Federal, State, or local

[[Page 4179]]

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

0
13. Table 1 to Subpart BBBBBB of Part 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       Equip each gasoline storage
 either of the following conditions:      tank with a fixed roof that is
(i) a capacity of less than 75 cubic      mounted to the storage tank in
 meters (m\3\); or.                       a stationary manner, and
(ii) a capacity of less than 151 m\3\     maintain all openings in a
 and a gasoline throughput of 480         closed position at all times
 gallons per day or less. Gallons per     when not in use.
 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        Do the following:
 capacity of greater than or equal to    (a) Reduce emissions of total
 75 m\3\ and not meeting any of the       organic HAP or TOC by 95
 criteria specified in item 1 of this     weight-percent with a closed
 Table.                                   vent system and control
                                          device, as specified in Sec.
                                          60.112b(a)(3) of this chapter;
                                          or
                                           (b) Equip each internal
                                         floating roof gasoline storage
                                         tank according to the
                                         requirements in Sec.
                                         60.112b(a)(1) of this chapter,
                                         except for the secondary seal
                                         requirements under Sec.
                                         60.112b(a)(1)(ii)(B) and the
                                         requirements in Sec.
                                         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 Sec.
                                         60.112b(a)(2) of this chapter,
                                         except that the requirements of
                                         Sec.   60.112b(a)(2)(ii) of
                                         this chapter shall only be
                                         required if such storage tank
                                         does not currently meet the
                                         requirements of Sec.
                                         60.112b(a)(2)(i) of this
                                         chapter; or
                                           (d) Equip and operate each
                                         internal and external floating
                                         roof gasoline storage tank
                                         according to the applicable
                                         requirements in Sec.
                                         63.1063(a)(1) and (b), except
                                         for the secondary seal
                                         requirements under Sec.
                                         63.1063(a)(1)(i)(C) and (D),
                                         and equip each external
                                         floating roof gasoline storage
                                         tank according to the
                                         requirements of Sec.
                                         63.1063(a)(2) if such storage
                                         tank does not currently meet
                                         the requirements of Sec.
                                         63.1063(a)(1).
3. A surge control tank................  Equip each tank with a fixed
                                          roof that is mounted to the
                                          tank in a stationary 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.
------------------------------------------------------------------------


0
14. Table 2 to Subpart BBBBBB of Part 63 is revised to read as follows:

[[Page 4180]]



 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      (a) Equip your loading rack(s)
 rack(s) with a gasoline throughput       with a vapor collection system
 (total of all racks) of 250,000          designed to collect the TOC
 gallons per day, or greater. Gallons     vapors displaced from cargo
 per day is calculated by summing the     tanks during product loading;
 current day's throughput, plus the       and
 throughput for the previous 364 days,   (b) Reduce emissions of TOC to
 and then dividing that sum by 365.       less than or equal to 80 mg/l
                                          of gasoline 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 Sec.   60.502(e) through
                                          (j) of this chapter. For the
                                          purposes of this section, the
                                          term ``tank truck'' as used in
                                          Sec.   60.502(e) through (j)
                                          of this chapter means ``cargo
                                          tank'' as defined in Sec.
                                          63.11100.
2. A bulk gasoline terminal loading       (a) Use submerged filling with
 rack(s) with a gasoline throughput       a submerged fill pipe that is
 (total of all racks) of less than        no more than 6 inches from the
 250,000 gallons per day. Gallons per     bottom of the cargo tank; and
 day is calculated by summing the        (b) Make records available
 current day's throughput, plus the       within 24 hours of a request
 throughput for the previous 364 days,    by the Administrator to
 and then dividing that sum by 365.       document your gasoline
                                          throughput.
------------------------------------------------------------------------


0
15. Table 3 to Subpart BBBBBB of Part 63 is amended by:
0
a. Removing entry 63.6(e)(1);
0
b. Adding entries 63.6(e)(1)(i) and 63.6(e)(1)(ii);
0
c. Revising entry 63.7(e)(1);
0
d. Revising entry 63.7(e)(3);
0
e. Removing entry 63.8(c)(1)(i)-(iii);
0
f. Adding entries 63.8(c)(1)(i), (c)(1)(ii) and 63.8(c)(1)(iii);
0
g. Revising entry 63.9(h)(1)-(6);
0
h. Removing entry 63.10(b)(2)(i)-(iv);
0
i. Adding entries 63.10(b)(2)(i), 63.10(b)(2)(ii), 63.10(b)(2)(iii), 
63.10(b)(2)(iv), and 63.10(b)(2)(v); and
0
j. Revising entry 63.10(d)(5) to read as follows:

                    Table 3 to Subpart BBBBBB of Part 63--Applicability of General Provisions
----------------------------------------------------------------------------------------------------------------
                                                                                           Applies to subpart
            Citation                       Subject               Brief description               BBBBBB
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
63.6(e)(1)(i)...................  General duty to minimize   Operate to minimize        No. See Sec.   63.11085
                                   emissions.                 emissions at all times;    for general duty
                                                              information                requirement.
                                                              Administrator will use
                                                              to determine if
                                                              operation and
                                                              maintenance requirements
                                                              were met.
63.6(e)(1)(ii)..................  Requirement to correct     Owner or operator must     No.
                                   malfunctions as soon as    correct malfunctions as
                                   possible.                  soon as possible.

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

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

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

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

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

[[Page 4181]]


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

                                                  * * * * * * *
Sec.   63.10(d)(5)..............  SSM Reports..............  Contents and submission..  No. See Sec.
                                                                                         63.11095(d) for
                                                                                         malfunction reporting
                                                                                         requirements.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart CCCCCC--[AMENDED]

0
16. Section 63.11111 is amended by:
0
a. Revising paragraph (e);
0
b. Revising paragraph (g); and
0
c. Adding new paragraphs (h) through (k) to read as follows:


Sec.  63.11111  Am I subject to the requirements in this subpart?

* * * * *
    (e) An affected source shall, upon request by the Administrator, 
demonstrate that their monthly throughput is less than the 10,000-
gallon or the 100,000-gallon threshold level, as applicable. For new or 
reconstructed affected sources, as specified in Sec.  63.11112(b) and 
(c), recordkeeping to document monthly throughput must begin upon 
startup of the affected source. For existing sources, as specified in 
Sec.  63.11112(d), recordkeeping to document monthly throughput must 
begin on January 10, 2008. For existing sources that are subject to 
this subpart only because they load gasoline into fuel tanks other than 
those in motor vehicles, as defined in Sec.  63.11132, recordkeeping to 
document monthly throughput must begin on January 24, 2011. Records 
required under this paragraph shall be kept for a period of 5 years.
* * * * *
    (g) The loading of aviation gasoline into storage tanks at 
airports, and the subsequent transfer of aviation gasoline within the 
airport, is not subject to this subpart.
    (h) Monthly throughput is the total volume of gasoline loaded into, 
or dispensed from, all the gasoline storage tanks located at a single 
affected GDF. If an area source has two or more GDF at separate 
locations within the area source, each GDF is treated as a separate 
affected source.
    (i) If your affected source's throughput ever exceeds an applicable 
throughput threshold, the affected source will remain subject to the 
requirements for sources above the threshold, even if the affected 
source throughput later falls below the applicable throughput 
threshold.
    (j) The dispensing of gasoline from a fixed gasoline storage tank 
at a GDF into a portable gasoline tank for the on-site delivery and 
subsequent dispensing of the gasoline into the fuel tank of a motor 
vehicle or other gasoline-fueled engine or equipment used within the 
area source is only subject to Sec.  63.11116 of this subpart.
    (k) For any affected source subject to the provisions of this 
subpart and another Federal rule, you may elect to comply only with the 
more stringent provisions of the applicable subparts. You must consider 
all provisions of the rules, including monitoring, recordkeeping, and 
reporting. You must identify the affected source and provisions with 
which you will comply in your Notification of Compliance Status 
required under Sec.  63.11124. You also must demonstrate in your 
Notification of Compliance Status that each provision with which you 
will comply is at least as stringent as the otherwise applicable 
requirements in this subpart. You are responsible for making accurate 
determinations concerning the more stringent provisions, and 
noncompliance with this rule is not excused if it is later determined 
that your determination was in error, and, as a result, you are 
violating this subpart. Compliance with this rule is your 
responsibility and the Notification of Compliance Status does not alter 
or affect that responsibility.

0
17. Section 63.11113 is amended by revising paragraph (c) and adding 
new paragraphs (e) and (f) to read as follows:


Sec.  63.11113  When do I have to comply with this subpart?

* * * * *
    (c) If you have an existing affected source that becomes subject to 
the control requirements in this subpart because of an increase in the 
monthly throughput, as specified in Sec.  63.11111(c) or Sec.  
63.11111(d), you must comply with the standards in this subpart no 
later than 3 years after the affected source becomes subject to the 
control requirements in this subpart.
* * * * *
    (e) The initial compliance demonstration test required under Sec.  
63.11120(a)(1) and (2) must be conducted as specified in paragraphs 
(e)(1) and (2) of this section.
    (1) If you have a new or reconstructed affected source, you must 
conduct the initial compliance test upon installation of the complete 
vapor balance system.
    (2) If you have an existing affected source, you must conduct the 
initial compliance test as specified in paragraphs (e)(2)(i) or 
(e)(2)(ii) of this section.
    (i) For vapor balance systems installed on or before December 15, 
2009, you must test no later than 180 days after the applicable 
compliance date specified in paragraphs (b) or (c) of this section.
    (ii) For vapor balance systems installed after December 15, 2009, 
you must test upon installation of the complete vapor balance system.
    (f) If your GDF is subject to the control requirements in this 
subpart only because it loads gasoline into fuel tanks other than those 
in motor vehicles, as defined in Sec.  63.11132, you must comply with 
the standards in this subpart as specified in paragraphs (f)(1) or 
(f)(2) of this section.
    (1) If your GDF is an existing facility, you must comply by January 
24, 2014.
    (2) If your GDF is a new or reconstructed facility, you must comply

[[Page 4182]]

by the dates specified in paragraphs (f)(2)(i) and (ii) of this 
section.
    (i) If you start up your GDF after December 15, 2009, but before 
January 24, 2011, you must comply no later than January 24, 2011.
    (ii) If you start up your GDF after January 24, 2011, you must 
comply upon startup of your GDF.

0
18. A new Sec.  63.11115 is added following the Emission Limitations 
and Management Practices heading to read as follows:


Sec.  63.11115  What are my general duties to minimize emissions?

    Each owner or operator of an affected source under this subpart 
must comply with the requirements of paragraphs (a) and (b) of this 
section.
    (a) You must, at all times, operate and maintain any affected 
source, including associated air pollution control equipment and 
monitoring equipment, in a manner consistent with safety and good air 
pollution control practices for minimizing emissions. Determination of 
whether such operation and maintenance procedures are being used will 
be based on information available to the Administrator which may 
include, but is not limited to, monitoring results, review of operation 
and maintenance procedures, review of operation and maintenance 
records, and inspection of the source.
    (b) You must keep applicable records and submit reports as 
specified in Sec.  63.11125(d) and Sec.  63.11126(b).

0
19. Section 63.11116 is amended by revising paragraph (b) and adding a 
new paragraph (d) to read as follows:


Sec.  63.11116  Requirements for facilities with monthly throughput of 
less than 10,000 gallons of gasoline.

* * * * *
    (b) You are not required to submit notifications or reports as 
specified in Sec.  63.11125, Sec.  63.11126, or subpart A of this part, 
but you must have records available within 24 hours of a request by the 
Administrator to document your gasoline throughput.
* * * * *
    (d) Portable gasoline containers that meet the requirements of 40 
CFR part 59, subpart F, are considered acceptable for compliance with 
paragraph (a)(3) of this section.

0
20. Section 63.11117 is amended by revising paragraph (b) to read as 
follows:


Sec.  63.11117  Requirements for facilities with monthly throughput of 
10,000 gallons of gasoline or more.

* * * * *
    (b) Except as specified in paragraph (c) of this section, you must 
only load gasoline into storage tanks at your facility by utilizing 
submerged filling, as defined in Sec.  63.11132, and as specified in 
paragraphs (b)(1), (b)(2), or (b)(3) of this section. The applicable 
distances in paragraphs (b)(1) and (2) shall be measured from the point 
in the opening of the submerged fill pipe that is the greatest distance 
from the bottom of the storage tank.
    (1) Submerged fill pipes installed on or before November 9, 2006, 
must be no more than 12 inches from the bottom of the tank.
    (2) Submerged fill pipes installed after November 9, 2006, must be 
no more than 6 inches from the bottom of the tank.
    (3) Submerged fill pipes not meeting the specifications of 
paragraphs (b)(1) or (b)(2) of this section are allowed if the owner or 
operator can demonstrate that the liquid level in the tank is always 
above the entire opening of the fill pipe. Documentation providing such 
demonstration must be made available for inspection by the 
Administrator's delegated representative during the course of a site 
visit.
* * * * *

0
21. Section 63.11120 is amended by:
0
a. Revising paragraph (a) introductory text;
0
b. Revising paragraph (a)(2) introductory text;
0
c. Adding paragraph (a)(2)(iii);
0
d. Adding paragraph (c); and
0
e. Adding paragraph (d) to read as follows:


Sec.  63.11120  What testing and monitoring requirements must I meet?

    (a) Each owner or operator, at the time of installation, as 
specified in Sec.  63.11113(e), of a vapor balance system required 
under Sec.  63.11118(b)(1), and every 3 years thereafter, must comply 
with the requirements in paragraphs (a)(1) and (2) of this section.
* * * * *
    (2) You must demonstrate compliance with the static pressure 
performance requirement specified in item 1(h) of Table 1 to this 
subpart for your vapor balance system by conducting a static pressure 
test on your gasoline storage tanks using the test methods identified 
in paragraphs (a)(2)(i), (a)(2)(ii), or (a)(2)(iii) of this section.
* * * * *
    (iii) Bay Area Air Quality Management District Source Test 
Procedure ST-30--Static Pressure Integrity Test--Underground Storage 
Tanks, adopted November 30, 1983, and amended December 21, 1994 
(incorporated by reference, see Sec.  63.14).
* * * * *
    (c) Conduct of performance tests. Performance tests conducted for 
this subpart shall be conducted under such conditions as the 
Administrator specifies to the owner or operator based on 
representative performance (i.e., performance based on normal operating 
conditions) of the affected source. Upon request, the owner or operator 
shall make available to the Administrator such records as may be 
necessary to determine the conditions of performance tests.
    (d) Owners and operators of gasoline cargo tanks subject to the 
provisions of Table 2 to this subpart must conduct annual certification 
testing according to the vapor tightness testing requirements found in 
Sec.  63.11092(f).

0
22. Section 63.11124 is amended by:
0
a. Revising paragraph (a)(1) introductory text;
0
b. Revising the first two sentences in paragraph (a)(2);
0
c. Revising paragraph (b)(1) introductory text; and
0
d. Revising the first two sentences in paragraph (b)(2) to read as 
follows:


Sec.  63.11124  What notifications must I submit and when?

    (a) * * *
    (1) You must submit an Initial Notification that you are subject to 
this subpart by May 9, 2008, or at the time you become subject to the 
control requirements in Sec.  63.11117, unless you meet the 
requirements in paragraph (a)(3) of this section. If your affected 
source is subject to the control requirements in Sec.  63.11117 only 
because it loads gasoline into fuel tanks other than those in motor 
vehicles, as defined in Sec.  63.11132, you must submit the Initial 
Notification by May 24, 2011. The Initial Notification must contain the 
information specified in paragraphs (a)(1)(i) through (iii) of this 
section. The notification must be submitted to the applicable EPA 
Regional Office and delegated State authority as specified in Sec.  
63.13.
* * * * *
    (2) You must submit a Notification of Compliance Status to the 
applicable EPA Regional Office and the delegated State authority, as 
specified in Sec.  63.13, within 60 days of the applicable compliance 
date specified in Sec.  63.11113, unless you meet the requirements in 
paragraph (a)(3) of this section. The Notification of Compliance Status 
must be signed by a responsible official who must certify its accuracy, 
must indicate whether the source has complied with the requirements of 
this subpart, and must indicate whether the facilities' monthly 
throughput is calculated based on the volume of gasoline loaded into

[[Page 4183]]

all storage tanks or on the volume of gasoline dispensed from all 
storage tanks.* * *
* * * * *
    (b) * * *
    (1) You must submit an Initial Notification that you are subject to 
this subpart by May 9, 2008, or at the time you become subject to the 
control requirements in Sec.  63.11118. If your affected source is 
subject to the control requirements in Sec.  63.11118 only because it 
loads gasoline into fuel tanks other than those in motor vehicles, as 
defined in Sec.  63.11132, you must submit the Initial Notification by 
May 24, 2011. The Initial Notification must contain the information 
specified in paragraphs (b)(1)(i) through (iii) of this section. The 
notification must be submitted to the applicable EPA Regional Office 
and delegated State authority as specified in Sec.  63.13.
* * * * *
    (2) You must submit a Notification of Compliance Status to the 
applicable EPA Regional Office and the delegated State authority, as 
specified in Sec.  63.13, in accordance with the schedule specified in 
Sec.  63.9(h). The Notification of Compliance Status must be signed by 
a responsible official who must certify its accuracy, must indicate 
whether the source has complied with the requirements of this subpart, 
and must indicate whether the facility's throughput is determined based 
on the volume of gasoline loaded into all storage tanks or on the 
volume of gasoline dispensed from all storage tanks. * * *
* * * * *

0
23. Section 63.11125 is amended by adding a new paragraph (c) and a new 
paragraph (d) to read as follows:


Sec.  63.11125  What are my recordkeeping requirements?

* * * * *
    (c) Each owner or operator of a gasoline cargo tank subject to the 
management practices in Table 2 to this subpart must keep records 
documenting vapor tightness testing for a period of 5 years. 
Documentation must include each of the items specified in Sec.  
63.11094(b)(2)(i) through (viii). Records of vapor tightness testing 
must be retained as specified in either paragraph (c)(1) or paragraph 
(c)(2) of this section.
    (1) The owner or operator must keep all vapor tightness testing 
records with the cargo tank.
    (2) As an alternative to keeping all records with the cargo tank, 
the owner or operator may comply with the requirements of paragraphs 
(c)(2)(i) and (ii) of this section.
    (i) The owner or operator may keep records of only the most recent 
vapor tightness test with the cargo tank, and keep records for the 
previous 4 years at their office or another central location.
    (ii) Vapor tightness testing records that are kept at a location 
other than with the cargo tank must be instantly available (e.g., via 
e-mail or facsimile) to the Administrator's delegated representative 
during the course of a site visit or within a mutually agreeable time 
frame. Such records must be an exact duplicate image of the original 
paper copy record with certifying signatures.
    (d) Each owner or operator of an affected source under this subpart 
shall keep records as specified in paragraphs (d)(1) and (2) of this 
section.
    (1) Records of the occurrence and duration of each malfunction of 
operation (i.e., process equipment) or the air pollution control and 
monitoring equipment.
    (2) Records of actions taken during periods of malfunction to 
minimize emissions in accordance with Sec.  63.11115(a), including 
corrective actions to restore malfunctioning process and air pollution 
control and monitoring equipment to its normal or usual manner of 
operation.

0
24. Section 63.11126 is revised to read as follows:


Sec.  63.11126  What are my reporting requirements?

    (a) Each owner or operator subject to the management practices in 
Sec.  63.11118 shall report to the Administrator the results of all 
volumetric efficiency tests required under Sec.  63.11120(b). Reports 
submitted under this paragraph must be submitted within 180 days of the 
completion of the performance testing.
    (b) Each owner or operator of an affected source under this subpart 
shall report, by March 15 of each year, the number, duration, and a 
brief description of each type of malfunction which occurred during the 
previous calendar year and which caused or may have caused any 
applicable emission limitation to be exceeded. The report must also 
include a description of actions taken by an owner or operator during a 
malfunction of an affected source to minimize emissions in accordance 
with Sec.  63.11115(a), including actions taken to correct a 
malfunction. No report is necessary for a calendar year in which no 
malfunctions occurred.

0
25. Section 63.11132 is amended as follows:
0
a. By adding, in alphabetical order, the definitions of ``gasoline,'' 
``motor vehicle,'' ``nonroad engine,'' ``nonroad vehicle,'' and 
``vapor-tight gasoline cargo tank''; and
0
b. By revising, in alphabetical order, the definitions of ``gasoline 
cargo tank,'' ``gasoline dispensing facility,'' and ``monthly 
throughput'' to read as follows:


Sec.  63.11132  What definitions apply to this subpart?

* * * * *
    Gasoline means any petroleum distillate or petroleum distillate/
alcohol blend having a Reid vapor pressure of 27.6 kilopascals or 
greater, which is used as a fuel for internal combustion engines.
    Gasoline cargo tank means a delivery tank truck or railcar which is 
loading or unloading gasoline, or which has loaded or unloaded gasoline 
on the immediately previous load.
    Gasoline dispensing facility (GDF) means any stationary facility 
which dispenses gasoline into the fuel tank of a motor vehicle, motor 
vehicle engine, nonroad vehicle, or nonroad engine, including a nonroad 
vehicle or nonroad engine used solely for competition. These facilities 
include, but are not limited to, facilities that dispense gasoline into 
on- and off-road, street, or highway motor vehicles, lawn equipment, 
boats, test engines, landscaping equipment, generators, pumps, and 
other gasoline-fueled engines and equipment.
    Monthly throughput means the total volume of gasoline that is 
loaded into, or dispensed from, all gasoline storage tanks at each GDF 
during a month. Monthly throughput is calculated by summing the volume 
of gasoline loaded into, or dispensed from, all gasoline storage tanks 
at each GDF during the current day, plus the total volume of gasoline 
loaded into, or dispensed from, all gasoline storage tanks at each GDF 
during the previous 364 days, and then dividing that sum by 12.
    Motor vehicle means any self-propelled vehicle designed for 
transporting persons or property on a street or highway.
    Nonroad engine means an internal combustion engine (including the 
fuel system) that is not used in a motor vehicle or a vehicle used 
solely for competition, or that is not subject to standards promulgated 
under section 7411 of this title or section 7521 of this title.
    Nonroad vehicle means a vehicle that is powered by a nonroad 
engine, and that is not a motor vehicle or a vehicle used solely for 
competition.
* * * * *

[[Page 4184]]

    Vapor-tight gasoline cargo tank means a gasoline cargo tank which 
has demonstrated within the 12 preceding months that it meets the 
annual certification test requirements in Sec.  63.11092(f) of this 
part.

0
26. Table 1 to subpart CCCCCC of part 63 is amended by adding a 
footnote 1, and by revising entry 2 to read as 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    Equip your gasoline storage
 storage tank(s) constructed after        tanks with a dual-point vapor
 November 9, 2006, at an existing         balance system, as defined in
 affected facility subject to Sec.        Sec.   63.11132, and comply
 63.11118.                                with the requirements of item
                                          1 in this Table.
------------------------------------------------------------------------
\1\ The management practices specified in this Table are not applicable
  if you are complying with the requirements in Sec.   63.11118(b)(2),
  except that if you are complying with the requirements in Sec.
  63.11118(b)(2)(i)(B), you must operate using management practices at
  least as stringent as those listed in this Table.


0
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 Gallons 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
                                          Sec.   63.11125(c).
------------------------------------------------------------------------


0
28. Table 3 to Subpart CCCCCC of Part 63 is amended by:
0
a. Revising entry 63.5;
0
b. Removing entry 63.6(e)(1);
0
c. Adding entries 63.6(e)(1)(i) and 63.6(e)(1)(ii);
0
d. Revising entry 63.7(e)(1);
0
e. Revising entry 63.8(c)(1)(i)-(iii);
0
f. Revising entry 63.8(c)(2)-(8);
0
g. Removing entry 63.10(b)(2)(i)-(iv);
0
h. Adding entries 63.10(b)(2)(i), 63.10(b)(2)(ii), 63.10(b)(2)(iii), 
63.10(b)(2)(iv), and 63.10(b)(2)(v);
0
i. Revising entry 63.10(d)(5);
0
j. Revising entry 63.10(e)(3)(i)-(iii); and
0
k. Revising entry 63.10(e)(3)(iv)-(v) to read as follows:

                    Table 3 to Subpart CCCCCC of Part 63--Applicability of General Provisions
----------------------------------------------------------------------------------------------------------------
                                                                                            Applies to subpart
              Citation                       Subject              Brief description               CCCCCC
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Sec.   63.5........................  Construction/           Applicability;               Yes, except that these
                                      Reconstruction.         applications; approvals.     notifications are not
                                                                                           required for
                                                                                           facilities subject to
                                                                                           Sec.   63.11116.

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

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


[[Page 4185]]


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

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

                                                  * * * * * * *
Sec.   63.10(d)(5).................  SSM Reports...........  Contents and submission....  No. See Sec.
                                                                                           63.11126(b) for
                                                                                           malfunction reporting
                                                                                           requirements.

                                                  * * * * * * *
Sec.   63.10(e)(3)(i)-(iii)........  Reports...............  Schedule for reporting       No.
                                                              excess emissions.
Sec.   63.10(e)(3)(iv)-(v).........  Excess Emissions        Requirement to revert to     No.
                                      Reports.                quarterly submission if
                                                              there 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 exceedance
                                                              or excess emissions (now
                                                              defined as deviations),
                                                              report contents in a
                                                              statement that there have
                                                              been no deviations; must
                                                              submit report containing
                                                              all of the information in
                                                              Sec.  Sec.   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

