ILTA Granted Waiver by EPA on NSPS Subpart XXa Petition for Reconsideration
On March 4, 2025, EPA sent a letter to ILTA, API, and AFPM granting part of the associations’ collective petitions on the 2024 gasoline distribution rule, specifically on the NSPS Subpart XXa provision. The full text of the letter can be found below:
The U.S. Environmental Protection Agency (EPA) received three petitions for administrative reconsideration of the final rule, "National Emission Standards for Hazardous Air Pollutants: Gasoline Distribution Technology Reviews and New Source Performance Standards Review for Bulk Gasoline Terminals" (89 FR 39304, May 8, 2024), which were submitted pursuant to section 307(d)(7)(B) of the Clean Air Act (CAA). Two petitions were submitted by the International Liquid Terminals Association (ILTA) on June 28, 2024, and July 8, 2024. The other petition was submitted jointly by the American Fuel & Petrochemical Manufacturers (AFPM) and the American Petroleum Institute (API) on July 8, 2024.
This letter concerns an issue raised by petitioners specific to NSPS subpart XXa: the provisions related to the modification of each collection of equipment at a bulk gasoline terminal affected facility and the associated need for a capital expenditure test similar to other equipment leak new source performance standards (e.g., 40 CFR part 60, subparts GGG, GGGa, VV, VVa, VVb) for 40 CFR part 60, subpart XXa.
Without making a determination as to whether this issue meets the mandatory requirements for reconsideration under CAA section 307(d)(7)(B), the EPA is granting reconsideration on this issue as a matter of voluntary discretion. The EPA intends to issue a Federal Register notice initiating public review and comment on the issue listed above. At this time, we are not expressing our views on the appropriateness of reconsidering any of the other issues raised in the petitions, which we are continuing to review.
ILTA will continue to meet with EPA regarding the rest of the gasoline distribution petition, as well as the separate NSPS Subpart Kc petition for reconsideration over the next few months.