In 2008, federal air quality regulations were passed that require Gas Distribution Facilities to take steps to reduce their emissions of hazardous air pollutants. These regulations are found in 40 CFR 63 Subpart BBBBBB. This rule affects bulk gasoline terminals, pipeline breakout stations, pipeline pumping stations, and bulk gasoline plants that are area sources of hazardous air pollutants (HAP). (An area source of HAP is a facility has the potential to emit <10 tons per year (tpy) of a single HAP or <25 tpy of a combination of HAP).
On May 17, 2009, our State regulations were amended to adopt Subpart BBBBBB. The regulations are tiered so that facilities with a greater gasoline throughput capacity are subject to more requirements, while smaller facilities are subject to fewer requirements.
Since the tiers of the regulation are based on the maximum design capacity of the facility, we realize that a facility’s actual throughput might be much lower. The new provision allows facilities to certify that they will operate at a lower actual throughput level in exchange for complying with regulations applicable to that lower level. This process is referred to as taking “operational limits.”
Facilities must first file a Notice of Intent and receive written approval from NDEE before the operational limits are effective. The following facilities are eligible to apply for this provision:
- Gasoline Distribution Facilities who are subject to Subpart BBBBBB, and have a design capacity larger than 20,000 gallons per day. These facilities may take operational limits if their actual daily throughput is always less than 20,000 gallons per day. Upon approval from NDEE, the facility must maintain a daily record of actual gasoline throughput and comply with the requirements for bulk gasoline plants with a maximum design throughput capacity of less than 20,000 gallons per day.
The Nebraska regulations for operational limits are found in Title 129, Chapter 13, Section 003. In addition to filing the Notice of Intent and receiving written approval from NDEE, facilities must comply with all applicable state and federal requirements, provide any additional information to NDEE upon request, and keep all associated records for five years.
For more information about Subpart BBBBBB, go to the Air Toxics Notebook. (The Air Toxics Notebook can be found by going to our web site’s home page, selecting “Programs” and then selecting “Air Toxics Program” (http://dee.ne.gov/NDEEProg.nsf/OnWeb/ATNB ). If you have any questions, contact the Air Toxics Coordinator at (402) 471-2189. |