b'Winter 2022 MARKETER MEMBER EPA Proposes Costly Vapor Balancing EquipmentNewsat Bulk Plants with Gasoline StorageWashington, D.C. I am fielding a lot of calls and emails lately from energy marketers concerned about the EPAs recently proposed rule to control toxic air emissions from small bulk plants with gasoline storage. Due to the rules complexity, many Mark S. Morgan, Esqmarketers are unsure of the impacts the proposed rule will have EMA Regulatory on their business operations. To put it simply, the rule applies Counsel to any bulk plant with at least one above ground storage tank containing gasoline. It doesnt apply to gasoline stations with USTs or bulk plants with no gasoline storage. The rule is primar-ily concerned with controlling the escape of gasoline vapors from aboveground storage tanks. The proposed gasoline throughput threshold triggering compliance ensures that most small bulk plants with gasoline storage will be subject to the proposed rule if it is finalized. Compliance is delayed until 2026. There is no guarantee the rule will be finalized with the proposed changes as they apply to small bulk plants. As a matter of fact, EMAs goal is to remove small bulk plants from the proposed rule altogether. Background of the EPA Proposed RuleThe rule is promulgated under the EPAs National Emission Stan-dards for Hazardous Air Pollution (NESHAP) for gasoline bulk plants and terminals. The proposed rule is important to energy marketers because if finalized, it would require the installation of costly vapor balancing equipment, including loading racks at virtually every small bulk plant with gasoline storage. Energy marketers have already expressed deep concern over the proposed rule in a recent EMA survey. A majority of respondents said they would discontinue wholesale gasoline sales if the rule is finalized due to the significant compliance costs that it would impose.The Clean Air Act requires EPA to regulate hazardous air pollutants (toxics), including gasoline, from categories of indus-trial facilities (bulk plants and terminals) in two phases. First the EPA must establish a standard for hazardous air pollutants based on maximum achievable control technologies (MACT). Second, every eight years after setting the MACT standard, the Clean Air Act requires EPA to review and revise the standards, if necessary,to account for improvements in air pollution controls and/or pre-vention. The EPAs proposed rule is primarily the eight-year review for gasoline toxic air emissions at terminals and bulk storage plants.28www.wpma.com / Winter 2022'