ILTA Meets with EPA Regarding Gasoline Distribution Rules Petition
On September 11, following up on the association’s petition for reconsideration on the gasoline distribution rules, ILTA met with EPA to discuss the results of July field test of vapor combustion (VCU) unit efficiency and offer any further clarification on the petition.
Overall, EPA had clearly spent time in the weeds with the emission test information, preparing for the meeting. The EPA team seems to agree ILTA proved the basic point that a VCU is not overdiluted within the operational range of a gasoline loading rack but they are undecided over what they will do this information which is a key uncertainty for the industry. EPA is looking at the role of VCU assist air in both closed- and open-bottom cases, and it seems at least possible they will replace or heavily rework the NHV alternative. So, while we have cause for optimism that they will remove the unworkable NHVdil provisions, it is also possible they will take other actions.
On procedure, EPA is only willing to communicate further with us once the rule writing team has briefed the Administrator on the disposition EPA should take to the petition. As they noted in their separate meeting with AFPM and API, the VCU monitoring and emission test review is the key topic they are still working to resolve before making their recommendations. Once EPA has this stance determined, the door is open to further engagement. Typically, EPA goes on to issue a letter generally responding to the petition and indicating rulemaking actions EPA will take as outcomes.
Importantly, EPA expressed no concerns with the test methods; no concerns on the manner in which we designed, organized, and carried out the test; and no concerns on the completeness, sufficiency, or presentation of the data. When specifically pressed if they felt they had access to all the information they needed within the test files, they responded with a clear “yes.”
While ILTA does not have a clear indication of when EPA will respond with their decision on how to move forward with the rule, ILTA expects to meet with the EPA team again in November.