EPA Proposes Changes to Gasoline Distribution Rules: Equipment Leaks, Thermal Oxidizers, and Vapor Recovery
Updated: 5 days ago
On September 28, 2026, the EPA proposed changes to the Gasoline Distribution rules, covering equipment leak (LDAR) requirements, thermal oxidizer temperature compliance options, and vapor recovery provisions. The 2024 rule remains in effect until EPA finalizes these changes.
Equipment Leak (LDAR) Provisions
Here's what would change under NSPS XXa:
New capital expenditure threshold for “modification.” Process-improvement projects costing no more than 8% of the replacement cost of the facility's “collection of equipment” (CPI-adjusted) won't trigger NSPS XXa applicability. New provision at 40 CFR 60.500a(e)(3).
First LDAR survey due within 180 days. Newly affected facilities get 180 calendar days from becoming subject to equipment leak monitoring to complete their first instrument survey (40 CFR 60.502a(j)(1)). Where a NESHAP subpart cross-references this requirement, the survey is still due by that subpart's own compliance date — no extra 180 days (May 8, 2027 due date still applies for NESHAP R and 6B).
Here’s what would change for NSPS XXa, NESHAP R, and NESHAP 6B:
Surveys must occur during active loading. Instrument monitoring surveys must be conducted while the facility is actively loading gasoline into a cargo tank (40 CFR 60.502a(j)(1)).
Pre-performance test leaks aren't automatically a violation. A transition away from the “operated with no detectable emissions” standard to a find-and-fix standard of “has no leaks at or above 500 ppmv” (40 CFR 60.503a(a)(2)). A leak triggers repair, not an automatic violation, and the leak must be repaired prior to the test (i.e., delay of repair provisions do not apply).
Backup/secondary control systems monitored only when in use. The “in gasoline service” definition changes from “used in a system that transfers” to “contains or contacts” gasoline or vapors — so periodic instrument monitoring is only required if these systems are actively processing gasoline during the scheduled monitoring event.
No removal of monitoring for bulk plants and pipeline pumping stations. NESHAP BBBBBB monitoring requirements for these facilities stay as-is. The EPA is seeking comments for possible exclusions or less stringent requirements for “small” or “remote” facilities.
Thermal Oxidizer Operating Limit: Two Options on the Table
Here’s what would change for NSPS Subpart XXa, NESHAP R, and NESHAP 6B:
In addition to various technical updates, including revisions related to net heating values and air-assisted thermal oxidizers and flares, EPA is proposing two alternative ways to demonstrate a thermal oxidizer is meeting its temperature limit, and is requesting comment on which one to finalize.
Option 1 — Shorter Test, Normal Loading | Option 2 — Fixed 400°F Mid-Stack Floor |
Minimum performance test drops from six hours to three (at least thirty-six 5-minute loading intervals, normal mixed-product operations). The 3-hour rolling average temperature limit still applies. | For units under the 10 or 35 mg/L limit: mid-stack temperature ≥ 400°F for every 5-minute period of active loading. Mid-stack = at least 19 ft above the burners (or 3 ft from the top of a shorter stack). |
Note: The limit set by a facility's most recent test stands until the next required test.
Vapor Recovery Unit (VRU) Provisions
Here’s what would change for NSPS XXa, NESHAP R, and NESHAP 6B:
6-hour rolling average for concentration limits. The VRU concentration emission limits would be evaluated on a 6-hour rolling average (seventy-two 5-minute periods) instead of the current 3-hour rolling average.
Site-specific monitoring plan for CEMS downtime. Facilities must develop a site-specific monitoring plan, submitted through CEDRI, to use during CEMS downtime — replacing the current approach of basing operating limits on the 10 previous operational cycles. Records must include the most recently approved plan and the start and end date and time of each use (the 240-hour per calendar year limit on using the plan still applies).
Key Dates:
Date: | What Happens: |
Oct. 5, 2026 | Deadline to request a public hearing |
Oct. 13, 2026 | Virtual hearing (held only if requested) |
Oct. 28, 2026 | Paperwork Reduction Act comments due to OMB |
Nov. 12, 2026 | Public comments due — docket EPA-HQ-OAR-2025-0302 |
May 8, 2027 | Existing-sources under NESHAP R and NESHAP 6B compliance date (unchanged); first equipment leak survey due |
What to Do Now
Decide whether to submit comments on the proposed rule changes (due November 12, 2026).
Pull your last thermal oxidizer performance test — review loading rate, temperature during testing, and assess stack height and thermocouple placement.
Review the requirements for the CEMS downtime site-specific monitoring plan a vapor recovery unit would need under the proposal.
Review available data for 3-hour versus 6-hour rolling averages on VRU CEMS to determine potential effect on compliance.
Determine whether the proposed LDAR revisions would require program changes for your facility.
Don’t forget that comments in favor of the proposed changes are important too!
Prepare for the upcoming compliance date.
Conduct a gap assessment between current operations and new rule requirements. Prepare an implementation plan and schedule to ensure compliance no later than May 8, 2027.
Consider scheduling your first Method 21 or OGI equipment leak survey as well as any required performance testing for a day when you're actively loading gasoline.
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