Petition for Reconsideration Request for Administrative Stay NSPS Subpart XXa – Modification of Equipment

RE: Petition for Reconsideration Request for Administrative Stay
NSPS Subpart XXa – Modification of Equipment

Dear Administrator Regan:

The International Liquid Terminals Association (“ILTA”) hereby petitions the U.S. Environmental Protection Agency (“EPA” or “Agency”), pursuant to Section 307(d)(7)(B) of the Clean Air Act (“CAA” or “Act”),1 to reconsider and amend provisions of New Source Performance Standard (“NSPS”) Subpart XXa identified below, and to stay the applicability of the “collection of equipment” affected facility (40 CFR §60.500a(a)(2)) to the modification of existing facilities until the requested amendments to Subpart XXa have been adopted.

EPA adopted Subpart XXa as part of the final rule entitled National Emission Standards for Hazardous Air Pollutants: Gasoline Distribution Technology Reviews and New Source Performance Standards Review for Bulk Gasoline Terminals, 89 Fed. Reg. 39304 (May 8, 2024) (“Gasoline Distribution Rule”). ILTA is preparing and will be submitting to you a separate petition regarding a number of other provisions of the Gasoline Distribution Rule. ILTA has singled out this one issue regarding Subpart XXa because of the ease with which the issue may be resolved and the immediate and significant adverse consequences of classifying minor maintenance and improvement projects as “modifications” and triggering applicability for entire facilities, should the proposed amendments not be adopted.

Download the full petition below.