ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[AD-FRL- ]
RIN XXXX-XXXX
National Emission Standards for Hazardous Air Pollutants:
Petroleum Refineries
AGENCY: Environmental Protection Agency (EPA)
ACTION: Direct Final Rule
SUMMARY: This action revises monitoring, recordkeeping, and
reporting requirements of the "National Emission Standards
for Hazardous Air Pollutants: Petroleum Refineries" which
was issued as a final rule August 18, 1995. This rule is
commonly known as the Petroleum Refineries NESHAP.
DATES: The direct final rule will be effective [insert date
60 days after date of publication] unless significant,
adverse comments are received by [insert date 30 days after
date of publication]. If significant, adverse comments are
timely received EPA will publish timely notice in the
Federal Register withdrawing the final rule.
FOR FURTHER INFORMATION CONTACT: Mr. James Durham, Waste
and Chemical Processes Group, Emission Standards Division
(MD-13), U.S. Environmental Protection Agency, Research
Triangle Park, North Carolina, 27711, telephone number (919)
541-5672.
SUPPLEMENTARY INFORMATION: On August 18, 1995, the EPA
promulgated the "National Emission Standards for Hazardous
Air Pollutants: Petroleum Refineries" (the "Petroleum
Refineries NESHAP"). The NESHAP regulates hazardous air
pollutants (HAP) emitted from new and existing refineries
that are major sources of HAP emissions. The regulated
category and entities affected by this action include:
Category
Examples of regulated entities
Industry
Petroleum Refineries (Standard
Industrial Classification Code 2911)
This table is not intended to be exhaustive but, rather,
provides a guide for readers regarding entities likely to be
interested in the revisions to the regulation affected by
this action. To determine whether your facility is
regulated by this action, you should carefully examine all
of the applicability criteria in 40 CFR 63.640. If you have
questions regarding the applicability of this action to a
particular entity, consult the appropriate person listed in
the preceding FOR FURTHER INFORMATION CONTACT section.
A companion proposal to this direct final rule is being
published in today's Federal Register and is identical to
this direct final rule. Any comments on the revisions to
the Petroleum Refineries NESHAP should address that
proposal. If significant adverse comments are timely
received by the date specified in the proposed rule, this
direct final rule will be withdrawn and the comments will be
addressed in a subsequent final rule based on the proposed
rule. If no significant adverse comments are timely filed
on any provision of this direct final rule then the entire
direct final rule will become effective 60 days from today's
Federal Register notice and no further action will be taken
on the companion proposal published today.
I. Background
On August 18, 1995 (60 FR 43243), EPA promulgated in
the Federal Register national emission standards for
hazardous air pollutants (NESHAP) for petroleum refineries.
These regulations were promulgated as subpart CC of 40 CFR
part 63. As stated in the preamble to the promulgated rule,
EPA pledged to continue working with industry to reduce the
recordkeeping and reporting burden associated with the
Petroleum Refineries NESHAP. The petroleum refining
industry submitted suggestions for revisions to monitoring,
recordkeeping, and reporting requirements. The EPA reviewed
these suggestions and determined those to be included in
today's action using several criteria. Included in today's
action are revisions that will reduce industry's monitoring,
recordkeeping and reporting burden or provide clarification
in cases where industry could interpret requirements in a
way more burdensome than intended. EPA did not include
suggested revisions that delete monitoring, reporting and
recordkeeping requirements necessary to ensure compliance
with control requirements of the rule or revisions that
alter the applicability, stringency, or schedule of the
Petroleum Refineries NESHAP or other rules.
Today's action also includes corrections to equations
in the miscellaneous process vent provisions of the rule and
corrections to typographical errors in references to
Subpart Y National Emission Standards for Marine Tank Vessel
Loading Operations.
II. Revisions
A. Deletion of Requirement to Report That Actions Are
Consistent With Startup, Shutdown, Malfunction Plan
The Petroleum Refineries NESHAP requires that petroleum
refineries develop and implement a plan that describes
procedures for operating and maintaining the source during
periods of startup, shutdown and malfunction, provides a
program of corrective action for malfunctioning process and
air pollution control equipment, and identifies all routine
or otherwise predictable malfunctions of continuous
monitoring systems (CMS). Currently, if a startup, shutdown
or malfunction is experienced during a reporting period and
the Startup, Shutdown, and Malfunction Plan (SSMP) is
followed, the refinery is required to report that the SSMP
was followed in the next periodic report. Similarly, if a
CMS experiences a routine or otherwise predictable failure,
as defined in the SSMP, it is to be repaired immediately and
the action reported in the next periodic report. The EPA
has determined that requiring refineries to report that the
SSMP has been followed is inconsistent with the general
approach of requiring periodic reporting only of information
associated with periods of excess emissions. Actions
consistent with the SSMP and immediate repair of CMS do not
constitute violations of the Petroleum Refineries NESHAP.
For this reason, today's action revises the requirement to
report that the SSMP has been followed and immediate repairs
to CMS have been made. Owners and operators will not be
required to report when the SSMP is followed or when a CMS
experiences a routine failure and is immediately repaired
unless requested to do so by the permitting authority. To
ensure that following the SSMP and immediate repairs to CMS
are documented, the requirements are retained to record when
periods of startup, shutdown or malfunction occur and the
SSMP is followed and when CMS experience routine or
otherwise predictable failures and are immediately repaired.
B. EFR Seal Gap Measurement Reporting Requirements
The current Petroleum Refineries NESHAP requires that
if, during a seal gap measurement for an external floating
roof tank, it is determined that a storage vessel does not
meet the requirements of the rule, a refinery must provide,
in the next periodic report, the date of the seal gap
measurement, raw data from the seal gap measurement,
calculations performed to determine that requirements were
not met, the specific conditions that were not met, and the
nature and date of repair or the date the storage vessel was
emptied. By today's action, the requirement to provide raw
data and calculations is deleted. This action reduces the
reporting burden and provides consistency with the
information required to be reported when a failure is
detected during a storage vessel inspection. The
requirements to report the date of inspection, the vessel,
conditions not met, and date the storage vessel was repaired
or emptied are retained. The requirement to keep a record
of the raw data and calculations is retained.
C. Startup, Shutdown and Malfunction Plans (SSMP) for
Wastewater
As requirements for wastewater stream management units,
the Petroleum Refineries NESHAP references the Benzene Waste
Operation NESHAP, which does not contain a requirement for a
startup, shutdown and malfunction plan (SSMP). The
Petroleum Refineries NESHAP also references the general
provisions requirement for a refinery SSMP. Revisions
included in today's action clarify that a SSMP is optional
for wastewater operations. The EPA did not intend to add
additional requirements for wastewater beyond the Benzene
NESHAP. However, owners and operators may wish to prepare a
SSMP because it may reduce reporting when malfunctions
occur. If there is a SSMP and it is followed in periods of
startup, shutdown and malfunction, the incident is not
required to be reported.
Today's action includes a revision that will allow
owners and operators with wastewater stream management units
that are subject to both subpart CC and subpart G to comply
with only subpart G. Subpart G requires a SSMP for
wastewater stream management units. Today's action does not
alter the requirement for a SSMP to be prepared for
wastewater stream management units complying with subpart G.
D. Overlap of Subpart FF and Subpart G for Wastewater
Stream Management Units
Currently, when a wastewater stream management unit
receives streams subject to 40 CFR 63 subpart CC (Petroleum
Refineries NESHAP) and 40 CFR 63 subpart G (the HON), the
equipment is to be in compliance with the provisions of
63.133 through 63.137 of the HON, the requirements of
63.143 and 63.148 of the HON for monitoring,
inspections, recordkeeping and reporting and all of the
requirements of 40 CFR 61 subpart FF National Emission
Standards for Benzene Waste Operations except for 61.355
and 61.357, which include reporting and recordkeeping
requirements.
The EPA recognizes that there is significant overlap
between subparts FF and G. This issue was recently reviewed
in revising parts of subpart G. It was determined that it
is not possible to require only compliance with subpart FF
as subpart FF was developed to control benzene emissions and
compliance with subpart FF would not guarantee control of
other HAPs. The selected alternative is to allow owners and
operators the option to comply only with the requirements of
subpart G. Requirements of subpart G were developed to
control all HAP emissions and are as stringent as, if not
more stringent than requirements of subpart FF. By today's
action, the same approach is adopted for petroleum
refineries. Today's action gives owners and operators of
wastewater stream management units subject to the Petroleum
Refineries NESHAP and subpart G the option to comply with
only the requirements of subpart G.
E. Notification Requirements for Failure to Follow
SSMP
Currently, refineries are required to report an action
taken that is inconsistent with the startup, shutdown and
malfunction plan (SSMP) to the Administrator within 2 days
of commencing the action and within 7 days of completing the
action. In addition to this requirement, refineries are to
revise the SSMP if it is found to not address or
inadequately address a startup, shutdown or malfunction.
The revised SSMP is to be completed within 45 days of the
event. The EPA has determined that it is not necessary for
refineries to notify the Administrator of actions that are
inconsistent with the SSMP within 2 days of commencing the
action and within 7 days of completing the action for the
Administrator to be able to evaluate the SSMP and request
revisions if needed. Today's action deletes the requirement
to notify the Administrator within 2 days of commencing an
action that is inconsistent with the SSMP and within 7 days
of completing that action and replaces it with a requirement
to report actions taken that are inconsistent with the SSMP
in the next periodic report.
F. Identification of Group 2 Process Vents and Storage
Vessels in the Notification of Compliance Status
Currently, the Petroleum Refineries NESHAP requires
owners and operators to identify Group 2 process vents and
storage vessels in the Notification of Compliance Status
(NCS). Group 2 emission points are subject to the NESHAP
but are not subject to any control requirements. The EPA
has determined that it is not necessary for refineries to
provide an inventory of Group 2 emission points in the NCS.
Because there are no control or reporting requirements
associated with Group 2 emission points, it is not foreseen
that the Administrator will require an inventory of Group 2
emission points for future reference. Additionally, an
inventory of Group 2 emission points will be retained
on-site. Today's action adds the requirement to submit the
inventory to the permitting authority at the permitting
authority's request. The requirement to keep a record of
process vents and storage vessels and their group
determination is not altered by today's action.
G. Clarification of Requirements for Installation and
Calibration of Continuous Monitoring Systems (CMS)
According to the current Petroleum Refineries NESHAP, a
continuous monitoring system (CMS) is to be installed and
calibrated according to the manufacturer's specifications.
Industry representatives have provided and EPA agrees that
it is not always possible or desirable to install or
calibrate equipment in exact accordance with the
manufacturer's specifications. Minor adjustments must be
made for most applications. Additionally, it may not be
necessary to adhere to all the specifications provided by
the manufacturer to ensure correct installation or
calibration. By today's action, the directions for
installing and calibrating CMS will be expanded to allow for
procedures to be followed other than those specified by the
manufacturer.
H. Requirement to Record the Signature of Owner or
Operator When Equipment Leak Repairs are Delayed
Under the promulgated petroleum refineries NESHAP, when
an equipment leak is detected and it is determined that the
leak cannot be repaired within 15 days, the facility is to
record that the repair was delayed, the reason for the delay
and the signature of the owner or operator (or designate)
whose decision it was that the repair could not be affected
without a process unit shutdown. By today's action, the
requirement to record the signature of the owner or operator
is revised to require the name of the person making the
decision to be recorded. This revision will make the
requirement compatible with electronic recordkeeping systems
while maintaining the ability of the requirement to
establish accountability.
I. Exemption of Secondary Seal From Requirements
During Primary Seal Gap Measurements
The petroleum refineries NESHAP references a provision
of the HON that allows secondary seals on external floating
roof storage vessels to be exempt from seal gap requirements
while the seal is temporarily pulled back during primary
seal gap measurements. Subpart Kb of 40 CFR 60 does not
include such a provision. Today's action extends the
provision exempting secondary seals from seal gap
requirements during primary seal gap measurements to storage
vessels subject to the Petroleum Refineries NESHAP that are
to comply with subpart Kb. The EPA has determined the
provision provides a necessary clarification that was not
considered in development of subpart Kb. Today's action
does not alter the stringency of control requirements of
subpart Kb.
J. Documentation of Compliance
The Petroleum Refineries NESHAP requires that
documentation of having achieved compliance be submitted in
the Notification of Compliance Status (NCS) report, due
within 150 days of the compliance date. A potential source
of confusion is the lack of specific instructions regarding
the NCS and gasoline loading racks. Refineries with
co-located gasoline loading racks that are subject to the
Petroleum Refineries NESHAP (subpart CC) are generally
required by subpart CC to comply with the requirements of
the Gasoline Distribution MACT. The Gasoline Distribution
MACT references notification requirements of the General
Provisions. It is not clear when the notification is
required for gasoline loading racks at petroleum refineries.
By today's action, it is clarified that any notifications of
compliance status required by the Gasoline Distribution MACT
for gasoline loading racks co-located at refineries is to be
submitted within 150 days of the Petroleum Refinery NESHAP
compliance date.
K. Revision of Notification of Compliance Status (NCS)
Report Requirement for New Group 1 Emission Point
In the promulgated Petroleum Refineries NESHAP,
facilities are required to provide a NCS report for a new
Group 1 emission point within 150 days of the change or
addition of that point. By today's action, the reporting
requirements are amended to allow the NCS report to be
provided in the periodic report for the reporting period in
which the Group 1 emission point is added. Today's action
will reduce the burden of reporting through consolidating
reports.
Periodic reports are due semiannually, within 60 days
of the end of each 6-month reporting period. Through this
amendment, it will be possible for a NCS report to be
submitted more than 150 days after the addition of a Group 1
emission point. At most, if a change or addition is made at
the beginning of a reporting period, the NCS may not be
provided for eight months, approximately three months more
than if the requirement to provide the report within
150 days was retained unchanged. Alternately, this revision
may require an owner or operator to submit an NCS in less
than 150 days. If an addition or change is made at the end
of a reporting period, the NCS must be submitted with the
next periodic report no more than 60 days after the end of
the reporting period. This amendment does not change the
amount of time in which a Group 1 emission point must be in
compliance with the standards of the Petroleum Refineries
NESHAP.
L. Semiannual Reporting of Inspection Results
For storage vessels complying with the reporting
requirements of the Petroleum Refineries NESHAP, if a
failure is detected during an inspection, it is required to
be reported in the next periodic report. For storage
vessels complying with subpart Kb or subpart Ka, if a
failure is detected during an inspection, a report is to be
provided to the Administrator within 30 days or 60 days,
respectively. By today's action, when a failure is detected
during an inspection of a storage vessel subject to the
Petroleum Refineries NESHAP that is to comply with
subpart Kb or subpart Ka, the failure is to be reported in
the next periodic report. This revision provides
consistency for reporting requirements between storage
vessels that are to comply with the NESHAP and storage
vessels that are to comply with subpart Kb and subpart Ka,
without altering the control requirements of subparts Kb or
Ka.
M. Extensions for EFR Seal Gap Measurements
As discussed previously, storage vessels subject to the
Petroleum Refineries NESHAP and a new source performance
standard (40 CFR 60 subpart K, Ka or Kb) are only required
to comply with one of the standards. Procedures are
specified for external floating roof storage vessels that
must comply with the refinery MACT to allow seal gap
measurements to be delayed if it is determined that it is
unsafe to perform the measurement. Provisions allow the gap
measurements to be delayed for 30 days while the unsafe
conditions are corrected. If the unsafe conditions cannot
be corrected within that time period, the vessel is to be
emptied within 45 days of the determination that the roof is
unsafe. The owner or operator may use up to two extensions
of 30 days each to empty the tank. There are no such
provisions in subparts Ka or Kb.
Today's action extends the provision to allow seal gap
measurements to be delayed due to unsafe conditions to
storage vessels subject to the Petroleum Refineries NESHAP
that are to comply with subparts Ka and Kb. The EPA has
determined that the extension provision provides necessary
guidance for owners and operators in circumstances that were
not considered in the development of subparts Ka and Kb.
Today's action does not alter the stringency of control
requirements of subparts Ka or Kb.
N. Extensions for Storage Vessel Repairs
In the Petroleum Refineries NESHAP, when an internal
floating roof is discovered to not meet the requirements of
the standard, it must be repaired or the associated storage
vessel taken out of service and emptied within 45 days. If
a storage vessel cannot be emptied or repaired within
45 days, the owner or operator may use up to two extensions
of 30 days each. If an extension is utilized, the owner or
operator must, in the next periodic report, identify the
vessel, provide a description of the failure, document that
alternate storage capacity is unavailable, and specify a
schedule of actions that will ensure that the control
equipment will be repaired or the vessel will be emptied as
soon as possible. Subpart Kb does not include provisions to
be followed in the event that a failure is detected during
an inspection of a storage vessel control device and the
storage vessel cannot be repaired or emptied within 45 days.
Today's action extends the provision to allow for
delays in repairing or emptying a storage vessel found to be
out of compliance to storage vessels subject to the
Petroleum Refineries NESHAP that are to comply with
subpart Kb. The EPA has determined that the provision
provides necessary guidance for owners and operators in
circumstances that were not considered in the development of
subpart Kb. Today's action does not alter the stringency of
control requirements of subpart Kb.
O. Definition of Gasoline
In the current Petroleum Refineries NESHAP, no
definition is provided for gasoline although gasoline
loading racks at affected facilities are subject to
subpart CC. By today's action, a definition for gasoline is
added to the definitions in subpart CC. The definition is
taken from 40 CFR 60 Subpart XX Standards of Performance for
Bulk Gasoline Terminals.
P. Report of Determination of Applicability for
Flexible Operation Units and for Distillation Columns and
Storage Vessels for Which Use Varies
The Petroleum Refineries NESHAP requires a report of
the determination of the applicability of subpart CC to
process units designed and operated as flexible operation
units, and storage vessels and distillation units for which
use varies from year to year. For existing units, this
report is to be submitted no later than 18 months prior to
the compliance date. With the exception of reports required
for emission points included in emissions averaging, no
other reports are required prior to the compliance date. By
today's action, the requirement is revised to allow
applicability determinations for flexible operation units
and distillation columns and storage vessels for which use
varies to be reported in the initial Notification of
Compliance Status report. This revision provides
consistency between reporting requirements and reduces
burden by consolidating reports. This revision does not
alter the date by which existing units must be in compliance
with the Petroleum Refineries NESHAP.
Q. Compliance of Agitators with Equipment Leaks
Provisions
Currently, owners and operators of refineries can
comply with the equipment leaks provisions of the NESHAP by
complying with the equipment leaks provisions of subpart H.
Some of the referenced provisions of subpart H refer to
agitators in heavy liquid service. As stated on page 8-3 of
the background information document for the final rule (EPA-453/R-95-015b), the provisions of the Petroleum Refineries
NESHAP are not intended to apply to agitators. It is
possible that, due to the references to agitators in
subpart H, subpart CC could be interpreted as applying to
agitators. Today's action revises the Petroleum Refineries
NESHAP to specifically state that owners and operators of
facilities subject to subpart CC are not required to comply
with subpart H for agitators in heavy liquid service.
R. Overlap of Subparts XX and R for Gasoline Loading
Racks
The current Petroleum Refineries NESHAP requires
gasoline loading racks located at refineries to be in
compliance with the control requirements of 40 CFR 63
Subpart R National Emission Standards for Gasoline
Distribution Facilities. New gasoline loading racks are
also subject to 40 CFR 60 Subpart XX, the New Source
Performance Standard (NSPS) for bulk gasoline terminals. It
is currently possible for a gasoline loading rack at a
petroleum refinery to be subject to both subparts R and XX.
Today's action revises the Petroleum Refineries NESHAP to
require petroleum refineries with gasoline loading racks
subject to both subparts R and XX to comply with the control
requirements of subpart R. This revision does not alter the
stringency of the rule as the control requirements of
subpart R are more stringent than the control requirements
of subpart XX.
S. Corrections to Miscellaneous Process Vent Equations
Following promulgation of the Petroleum Refineries
NESHAP, two errors were discovered in two equations to be
used to calculate kilograms per day of volatile organic
compounds (VOC) in miscellaneous process vent streams. If
used as currently presented, the equations will cause
facilities to underestimate kilograms per day of VOC by a
factor of 24 or 1,000. Today's action corrects these
equations. These corrections do not alter the monitoring,
recordkeeping, or reporting requirements or control
requirements of the rule as originally intended.
T. Revision of Notification of Compliance Status
Report Requirement for Existing Group 1 Storage Vessels
Brought Into Compliance After August 18, 1998
The Petroleum Refineries NESHAP allows floating roof
storage vessels to be brought into compliance up to 10 years
after August 18, 1998, the compliance date for other
emission points. A Notification of Compliance Status (NCS)
report is required to be submitted when these vessels are
brought into compliance. Currently, it is not clear when
the NCS report is to be submitted.
Today's revision will require a NCS report to be
submitted for storage vessels brought into compliance after
August 18, 1998 with the periodic report for the reporting
period in which the vessel was brought into compliance. The
report will include a list of Group 1 storage vessels and
either the actual or anticipated date of compliance for each
vessel.
This revision provides needed clarification and allows
for the consolidation of reports.
III. Reduction in Burden
The revisions included in today's action are expected
to reduce the annual recordkeeping and reporting burden
associated with this NESHAP by 80 technical hours per
refinery and 13,200 technical hours nationwide.
IV. Judicial Review
Under section 307(b)(1) of the Clean Air Act (CAA),
judicial review of the actions taken by this final rule is
available only on the filing of a petition for review in the
U.S. Court of Appeals for the District of Columbia Circuit
within 60 days of today's publication of this action. Under
section 307(b)(2) of the CAA, the requirements that are
subject to today's notice may not be challenged later in
civil or criminal proceedings brought by EPA to enforce
these requirements.
V. Administrative
A. Paperwork Reduction Act
The information collection requirements in the
promulgated Petroleum Refineries NESHAP rule have been
approved by the Office of Management and Budget (OMB) under
the Paperwork Reduction Act, 44 U.S.C. 3501 et seq and have
been assigned a control number 2060-0340. However, this
approval has expired and the information collection request
is currently in the reinstatement process. The information
collection request has been revised to reflect the revisions
to monitoring, recordkeeping and reporting requirements made
by today's action. The collection of information has an
estimated annual reporting and recordkeeping burden
averaging 3,000 hours per respondent. This estimate
includes time for reviewing instructions; developing,
acquiring, installing, and utilizing technology and systems
for the purposes of collecting, validating, and verifying
information, processing and maintaining information, and
disclosing and providing information; adjusting existing
ways to comply with any previously applicable instructions
and requirements; completing and reviewing the collection of
information; and transmitting or otherwise disclosing the
information.
The burden estimate reflects an annual reduction of
13,200 technical hours, as compared to the estimate at
promulgation, resulting from the revisions made by today's
action.
B. Executive Order 12866 Review
Under Executive Order 12866 (58 FR 51735, October 4,
1993) the Agency must determine whether the regulatory
action is "significant" and therefore subject to OMB review
and the requirements of the Executive Order. The Order
defines a "significant regulatory action" as one that is
likely to result in a rule that may:
1. Have an annual effect on the economy of
$100 million or more or adversely affect in a material way
the economy, a sector of the economy, productivity,
competition, jobs, the environment, public health or safety,
or State, local or tribal governments or communities;
2. Create a serious inconsistency or otherwise
interfere with an action taken or planned by another agency;
3. Materially alter the budgetary impact of
entitlements, grants, user fees, or land programs or the
rights and obligations of recipients thereof; of
4. Raise novel legal or policy issues arising out of
legal mandates, the President's priorities, or the
principles set forth in the Executive Order.
Because today's action decreases the burden of the
Petroleum Refineries NESHAP without altering the stringency,
applicability, or schedule of the NESHAP or other rules,
this rule was classified "non-significant" under Executive
Order 12866 and, therefore was not reviewed by the Office of
Management and Budget.
C. Regulatory Flexibility
The EPA has determined that it is not necessary to
prepare a regulatory flexibility analysis in connection with
this final rule. The EPA has also determined that this rule
will not have a significant negative economic impact on a
substantial number of small entities. This direct final
rule will not have a significant negative impact on a
substantial number of small entities because it revises
monitoring, recordkeeping, and reporting requirements and
reduces the associated burden for all affected facilities,
including small entities.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995
(UMRA), P.L. 104-4, establishes requirements for Federal
agencies to assess the effects of their regulatory actions
on State, local, and tribal governments and the private
sector. Under section 202 of the UMRA, EPA generally must
prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with "Federal
mandates" that may result in expenditures to State, local,
and tribal governments, in the aggregate, or to the private
sector, of $100 million or more in any one year. Before
promulgating an EPA rule for which a written statement is
needed, section 205 of the UMRA generally requires EPA to
identify and consider a reasonable number of regulatory
alternatives and adopt the least costly, most cost-effective
or least burdensome alternative that achieves the objectives
of the rule. The provisions of section 205 do not apply
when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than
the least costly, most cost-effective, or least burdensome
alternative if the Administrator publishes with the final
rule an explanation why that alternative was not adopted.
Before EPA establishes any regulatory requirements that may
significantly or uniquely affect small governments,
including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The
plan must provide for notifying potentially affected small
governments, enabling officials of affected small
governments to have meaningful and timely input in the
development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing,
educating, and advising small governments on compliance with
the regulatory requirements.
At the time of promulgation, EPA determined that the
Petroleum Refineries NESHAP does not include a Federal
mandate that may result in estimated costs of $100 million
or more to either State, local, or tribal governments in the
aggregate or to the private sector. This determination is
not altered by today's action, the purpose of which is to
reduce the burden associated with monitoring, recordkeeping,
and reporting requirements. Thus, today's rule is not
subject to the requirements of sections 202 and 205 of the
UMRA.
E. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq.,
as added by the Small Business Regulatory Enforcement
Fairness Act of 1996, generally provides that before a rule
may take effect, the agency promulgating the rule must
submit a rule report, which includes a copy of the rule, to
each House of the Congress and to the Comptroller General of
the United States. The EPA will submit a report containing
this rule and other required information to the U.S. Senate,
the U.S. House of Representatives, and the Comptroller
General of the United States prior to publication of the
rule in the Federal Register. This rule is not a "major
rule" as defined by 5 U.S.C. 804(2).
List of Subjects
Air pollution control, Hazardous air pollutants,
Petroleum refineries, Reporting and recordkeeping
requirements, Storage vessels.
Date Carol M. Browner
Administrator
[___.___]
For reasons set out in the preamble, part 63 of
title 40, chapter I, of the Code of Federal Regulations is
amended as follows:
1. The authority citation for part 63 continues to
read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart CC--National Emission Standards for Hazardous Air
Pollutants: Petroleum Refineries
2. Amend 63.640 by revising paragraphs (k)(2)(vii),
(n)(1), (n)(3), and (n)(6); by adding paragraphs (n)(8)
and (n)(9); and by revising paragraph(o)(2) and adding
paragraph (r) to read as follows:
63.640 Applicability and designation of affected source.
* * * * *
(k) * * *
(2) * * *
(vii) Reports and notifications required by 63.565
and 63.567 of subpart Y of this part. These requirements
are summarized in table 5 of this subpart.
* * * * *
(n) * * *
(1) After the compliance dates specified in
paragraph (h) of this section, a Group 1 or Group 2 storage
vessel that is part of an existing source and is also
subject to the provisions of 40 CFR part 60 subpart Kb is
required to comply only with the requirements of
40 CFR part 60 subpart Kb, except as provided in
paragraph (n)(8) of this section.
(2) * * *
(3) After the compliance dates specified in
paragraph (h) of this section, a Group 2 storage vessel that
is part of a new source and is subject to the control
requirements in Sec. 60.112b of 40 CFR part 60, subpart Kb
is required to comply only with 40 CFR part 60, subpart Kb
except as provided in paragraph (n)(8) of this section.
(4) * * *
(5) * * *
(6) After compliance dates specified in paragraph (h)
of this section, a Group 2 storage vessel that is subject to
the control requirements of 40 CFR part 60, subparts K or Ka
is required to comply only with the provisions of 40 CFR
part 60, subparts K or Ka except as provided for in
paragraph (n)(9) of this section.
(7) * * *
(8) Storage vessels described by paragraphs (n)(1) and
(n)(3) of this section are to comply with subpart Kb except
as provided for in paragraphs (n)(8)(i) through (n)(8)(vi)
of this section.
(i) Storage vessels that are to comply with
60.112b(a)(2) of subpart Kb are exempt from the secondary
seal requirements of 60.112b(a)(2)(i)(B), during the gap
measurements for the primary seal required by 60.113b(b)
of subpart Kb.
(ii) If the owner or operator determines that it is
unsafe to perform the seal gap measurements required in
60.113b(b) of subpart Kb or to inspect the vessel to
determine compliance with 60.113b(a) of subpart Kb because
the roof appears to be structurally unsound and poses an
imminent danger to inspecting personnel, the owner or
operator shall comply with the requirements in either
63.120(b)(7)(i) or 63.120(b)(7)(ii) of subpart G.
(iii) If a failure is detected during the inspections
required by 60.113b(a)(2) or during the seal gap
measurements required by 60.113b(b)(1), and the vessel
cannot be repaired within 45 days and the vessel cannot be
emptied within 45 days, the owner or operator may utilize up
to two extensions of up to 30 additional calendar days each.
The owner or operator is not required to provide a request
for the extension to the Administrator.
(iv) If an extension is utilized in accordance with
paragraph (n)(8)(iii) of this section, the owner or operator
shall, in the next periodic report, identify the vessel,
provide the information listed in 60.113b(a)(2) or
60.113b(b)(4)(iii), and describe the nature and date of
the repair made or provide the date the storage vessel was
emptied.
(v) Owners and operators of storage vessels complying
with subpart Kb of Part 60 may submit the inspection reports
required by 60.115b(a)(3), (a)(4), and (b)(4) of
Subpart Kb as part of the periodic reports required by this
subpart, rather than within the 30-day period specified in
60.115b(a)(3), (a)(4), and (b)(4) of Subpart Kb.
(vi) The reports of rim seal inspections specified in
60.115b(b)(2) are not required if none of the measured gaps
or calculated gap areas exceed the limitations specified in
60.113b(b)(4). Documentation of the inspections shall be
recorded as specified in 60.115b(b)(3).
(9) Storage vessels described by paragraph (n)(6) of
this section which are to comply with subpart Ka are to comply
with only subpart Ka except as provided for in paragraphs
(n)(9)(i) through (n)(9)(iv) of this section.
(i) If the owner or operator determines that it is
unsafe to perform the seal gap measurements required in
60.113a(a)(1) of subpart Ka because the floating roof
appears to be structurally unsound and poses an imminent
danger to inspecting personnel, the owner or operator shall
comply with the requirements in either 63.120(b)(7)(i) or
(b)(7)(ii) of subpart G.
(ii) If a failure is detected during the seal gap
measurements required by 60.113a(a)(1) of subpart Ka, and
the vessel cannot be repaired within 45 days and the vessel
cannot be emptied within 45 days, the owner or operator may
utilize up to 2 extensions of up to 30 additional calendar
days each.
(iii) If an extension is utilized in accordance with
paragraph (n)(9)(ii) of this section, the owner or operator
shall, in the next periodic report, identify the vessel,
describe the nature and date of the repair made or provide
the date the storage vessel was emptied. The owner or
operator shall also provide documentation of the decision to
utilize an extension including a description of the failure,
documentation that alternate storage capacity is
unavailable, a schedule of actions that will ensure that the
control equipment will be repaired or the vessel emptied as
soon as possible.
(iv) Owners and operators of storage vessels complying
with subpart Ka of part 60 may submit the inspection reports
required by 60.113a(a)(1)(i)(E) of subpart Ka as part of
the periodic reports required by this subpart, rather than
within the 60-day period specified in 60.113a(a)(1)(i)(E)
of subpart Ka.
(o) * * *
(1) * * *
(2) After the compliance dates specified in
paragraph (h) of this section a Group 1 or Group 2
wastewater stream that is conveyed, stored, or treated in a
wastewater stream management unit that also receives streams
subject to the provisions of 63.133 through 63.147 of
subpart G wastewater provisions of this part shall comply as
specified in paragraph (o)(2)(i) or (o)(2)(ii) of this
section. Compliance with the provisions of paragraph (o)(2)
of this section shall constitute compliance with the
requirements of this subpart for that wastewater stream.
(i) Comply with paragraphs (o)(2)(i)(A) through
(o)(2)(i)(C) of this section.
A. The provisions in 63.133 through 63.140 of
subpart G for all equipment used in the storage and
conveyance of the Group 1 or Group 2 wastewater stream.
B. The provisions in both 40 CFR part 61, subpart FF
and in 63.138 and 63.139 of subpart G for the treatment
and control of the Group 1 or Group 2 wastewater stream.
C. The provisions in 63.143 through 63.148 of
subpart G for monitoring and inspections of equipment and
for recordkeeping and reporting requirements. The owner or
operator is not required to comply with the monitoring,
recordkeeping, and reporting requirements associated with
the treatment and control requirements in 40 CFR part 61,
subpart FF, 61.355 through 61.357.
(ii) Comply with paragraphs (o)(2)(ii)(A) and
(o)(2)(ii)(B) of this section.
(A) Comply with the provisions of 63.133 through
63.148 and 63.151 and 63.152 of subpart G
(B) For any Group 2 wastewater stream or organic
stream whose benzene emissions are subject to control
through the use of one or more treatment processes or waste
management units under the provisions of 40 CFR part 61,
subpart FF on of after December 31, 1992, comply with the
requirements of 63.133 through 63.147 of subpart G for
Group 1 wastewater streams.
* * * * *
(r) Overlap of subpart CC with other regulations for
gasoline loading racks.
(i) After the compliance dates specified in
paragraph (h) of this section, a Group 1 gasoline loading
rack that is part of a source subject to subpart CC and also
is subject to the provisions of 40 CFR 60 subpart XX is
required to comply only with this subpart.
* * * * *
3. Amend 63.641 by adding in alphabetical order a
definition for "gasoline" to read as follows:
63.641 Definitions.
Gasoline means any petroleum distillate or petroleum
distillate/alcohol blend having a Reid vapor pressure of
27.6 kilopascals or greater which is used as a fuel for
internal combustion engines.
* * * * *
4. Amend 63.644 by revising the last sentence of
paragraph (a) to read as follows:
63.644 Monitoring provisions for miscellaneous process
vents.
(a) * * * All monitoring equipment shall be installed,
calibrated, maintained, and operated according to
manufacturer's specifications or other written procedures
that provide adequate assurance that the equipment will
monitor accurately.
* * * * *
5. Amend 63.645 by revising the definition of "K2"
in paragraph (f)(4) and revising paragraph (f)(5) to read as
follows:
* * * * *
63.645 Test methods and procedures for miscellaneous
process vents.
* * * * *
(f) * * *
(4) * * *
K2 = Constant, 5.986 x 10-5 (parts per million)-1
(gram-mole per standard cubic meter)(kilogram per
gram)(minute per day), where the standard
temperature (standard cubic meter) is at 20 oC.
(5) If Method 25A is used the emission rate of TOC
(ETOC) shall be calculated using the following equation:
where:
E = Emission rate of TOC (minus methane and ethane) in the sample, kilograms per day.
K2 = Constant, 5.986 x 10-5 (parts per million)-1
(gram-mole per standard cubic meter)
(kilogram per gram)(minute per day), where
the standard temperature (standard cubic
meter) is at 20 oC.
CTOC = Concentration of TOC on a dry basis in parts
per million volume as measured by Method 25A
of 40 CFR part 60, appendix A, as indicated
in paragraph (f)(3) of this section.
M = Molecular weight of organic compound used to
express units of CTOC, gram per gram-mole.
Qs = Vent stream flow rate, dry standard cubic
meters per minute, at a temperature of 20 oC.
* * * * *
6. Amend 63.648 by revising paragraph (e) to read as
follows:
63.648 Equipment leak standards.
* * * * *
(e) For reciprocating pumps in heavy liquid service,
and agitators in heavy liquid service, owners and operators
are not required to comply with the requirements in 63.169
of subpart H of this part.
* * * * *
7. Amend 63.654 by revising the first sentence of
paragraph (a); revising paragraphs (d)(1), (f),
(f)(1)(i)(A), (f)(1)(ii); adding paragraph (f)(6); revising
the last sentence of paragraph (g)(3)(i); deleting
paragraph (g)(3)(i)(B); redesignating paragraph (g)(3)(i)(C)
as (g)(3)(i)(B) and paragraph (g)(3)(i)(D) as (g)(3)(i)(C);
revising paragraph (h)(1); revising the first two sentences
of paragraph (h)(6); and adding paragraph (i)(5).
* * * * *
63.654 Reporting and recordkeeping requirements.
(a) Each owner or operator subject to the wastewater
provisions in 63.647 shall comply with the recordkeeping
and reporting provisions in 61.356 and 61.357 of 40 CFR
part 61 subpart FF unless they are complying with the
wastewater provisions specified in paragraph (o)(2)(ii) of
63.640. * * *
* * * * *
(d) * * *
(1) Sections 60.486 and 60.487 of subpart VV of
part 60, except as specified in paragraph (d)(1)(i); or
63.181 and 63.182 of subpart H of this part except for
63.182(b), (c)(2), and (c)(4).
(i) The signature of the owner or operator (or
designate) whose decision it was that a repair could not be
effected without a process shutdown is not required to be
recorded. Instead, the name of the person whose decision it
was that a repair could not be effected without a process
shutdown shall be recorded and retained for 2 years.
* * * * *
(f) Each owner or operator of a source subject to this
subpart shall submit a Notification of Compliance Status
report within 150 days after the compliance dates specified
in 63.640(h), with the exception of Notification of
Compliance Status reports submitted to comply with
63.640(l)(3) and for storage vessels subject to the
compliance schedule specified in 63.640(h)(4).
Notification of Compliance Status reports required by
63.640(l)(3) and for storage vessels subject to the
compliance dates specified in 63.640(h)(4) shall be
submitted according to paragraph (f)(6) of this section.
This information may be submitted in an operating permit
application, in an amendment to an operating permit
application, in a separate submittal, or in any combination
of the three. If the required information has been
submitted before the date 150 days after the compliance date
specified in 63.640(h), a separate Notification of
Compliance Status report is not required within 150 days
after the compliance dates specified in 63.640(h). If an
owner or operator submits the information specified in
paragraphs (f)(1) through (f)(5) of this section at
different times, and/or in different submittals, later
submittals may refer to earlier submittals instead of
duplicating and resubmitting the previously submitted
information. Each owner or operator of a gasoline loading
rack classified under Standard Industrial Classification
Code 2911 located within contiguous area and under common
control with a petroleum refinery subject to the standards
of this subpart shall submit the Notification of Compliance
Status report required by subpart R within 150 days after
the compliance dates specified in 63.640(h) of this
subpart.
(1) * * *
(i) * * *
(A) For each Group 1 storage vessel subject to this
subpart, the information specified in
paragraphs (f)(1)(i)(A)(1) through (f)(1)(i)(A)(4). This
information is to be revised each time a Notification of
Compliance Status report is submitted for a storage vessel
subject to the compliance schedule specified in
63.640(h)(4) or to comply with 63.640(l)(3).
(1) Identification of each Group 1 storage vessel
subject to this subpart. Group 2 storage vessels do not
need to be identified unless included in an emissions
average.
(2) For each Group 1 storage vessel complying with
63.646 that is not included in an emissions average, the
method of compliance (i.e., internal floating roof, external
floating roof, or closed vent system and control device).
(3) For storage vessels subject to the compliance
schedule specified in 63.640(h)(4) that are not complying
with 63.646, the anticipated compliance date.
(4) For storage vessels subject to the compliance
schedule specified in 63.640(h)(4) that are complying with
63.646 and the Group 1 storage vessels described in
63.640(l), the actual compliance date.
* * * * *
(ii) For miscellaneous process vents, identification
of each Group 1 miscellaneous process vent subject to this
subpart and the method of compliance for each Group 1
miscellaneous process vent that is not included in an
emissions average (e.g., use of a flare or other control
device meeting the requirements of 63.643(a)). Group 2
miscellaneous process vents do not need to be identified in
the Notification of Compliance Status report unless included
in an emissions average.
* * * * *
(6) Notification of Compliance Status reports required
by 63.640(l)(3) and for storage vessels subject to the
compliance dates specified in 63.640(h)(4) shall be
submitted no later than 60 days after the end of the 6-month
period during which the change or addition was made that
resulted in the Group 1 emission point or the existing
Group 1 storage vessel was brought into compliance, and may
be combined with the periodic report. Six-month periods
shall be the same 6-month periods specified in paragraph (g)
of this section. The Notification of Compliance Status
report shall include the information specified in paragraphs
(f)(1) through (f)(5) of this section. This information may
be submitted in an operating permit application, in an
amendment to an operating permit application, in a separate
submittal, as part of the periodic report or in any
combination of these four. If the required information has
been submitted before the date 60 days after the end of the
6-month period in which the addition of the Group 1 emission
point took place, a separate Notification of Compliance
Status report is not required within 60 days after the end
of the 6-month period. If an owner or operator submits the
information specified in paragraphs (f)(1) through (f)(5) of
this section at different times, and/or in different
submittals, later submittals may refer to earlier submittals
instead of duplicating and resubmitting the previously
submitted information.
* * * * *
(g) * * *
(3) * * *
(i) * * * This documentation shall include the
information specified in paragraphs (g)(3)(i)(A) through
(g)(3)(i)(C) of this section.
* * * * *
(h) * * *
(1) Reports of startup, shutdown, and malfunction
required by 63.10(d)(5) as specified in table 6 of this
subpart. Records and reports of startup, shutdown, and
malfunction are not required if they pertain solely to
Group 2 emission points, as defined in 63.641, that are
not included in an emissions average. The periodic reports
of startup, shutdown, and malfunction specified in
63.10(d)(5)(i) are not required if the actions taken by an
owner or operator during a startup, shutdown, or malfunction
are consistent with the source's startup, shutdown, and
malfunction plan required by 63.6(e)(3) unless requested
by the permitting authority. The operator shall comply with
the reporting requirements of 63.10(d)(5)(ii) if the
startup, shutdown, and malfunction plan is not followed,
except as specified in table 6. For purposes of this
paragraph, startup and shutdown shall have the meaning
defined in 63.641, and malfunction shall have the meaning
defined in 63.2;
* * * * *
(6) The owner or operator shall submit the information
specified in paragraphs (h)(6)(i) through (h)(6)(iii) of
this section, as applicable. For existing sources, this
information shall be submitted in the initial Notification
of Compliance Status report. * * *
(i) * * *
(5) In addition to the information reported under
paragraphs (a) through (h) of this section, the information
listed in paragraphs (i)(5)(i) and (i)(5)(ii) shall be
retained on-site. The information listed in (i)(5)(i) shall
be submitted upon the request of the permitting authority.
(i) A record identifying all Group 2 miscellaneous
process vents.
(ii) A record identifying all Group 2 storage vessels,
their dimensions and capacity.
* * * * *
8. In table 5 in the appendix of subpart CC, remove
the entries for "63.566(a)" and "63.566(b)" and add two
entries, in numerical order, to read as follows:
TABLE 5. MARINE VESSEL LOADING AND UNLOADING OPERATIONS
RECORDKEEPING AND REPORTING REQUIREMENTS
Reference (section
of subpart Y of
this part)
Description
Comment
63.565(a)
Performance
test/site test
plan
The information
required under
this paragraph is
to be submitted
with the
notification of
compliance status
report required
under 40 CFR part
63 subpart CC.
63.565(b)
Performance test
data requirements
* * * * *
9. In table 6 in the appendix of subpart CC, remove
the entries for "63.6(e)", "63.8(c)(1)(i)", "63.8(c)(3)",
"63.10(d)(5)(i)", and "63.10(d)(5)(ii)" and add five entries
in numerical order, to read as follows:
TABLE 6. GENERAL PROVISIONS APPLICABILITY TO SUBPART CCa
Reference
Applies
to
subpart
CC
Comment
* * * * * * *
63.6(e)
Yes
Does not apply to Group 2
emission points.b The
startup, shutdown, and
malfunction plan specified
in 63.6(e)(3) is not
required for wastewater
operations that are not
subject to Subpart G of
this Part.
Except that actions taken
during a startup,
shutdown, or malfunction
that are not consistent
with the startup,
shutdown, and malfunction
plan do not need to be
reported within 2 and
7 days of commencing and
completing the action,
respectively, but must be
included in the next
periodic report.
* * * * * * *
63.8(c)(1)(i)
Yes
Except that if "routine"
or otherwise predictable
malfunctions, as defined
in the source's startup,
shutdown and malfunction
plan, are immediately
corrected, the source is
not required to report the
action in the semiannual
startup, shutdown, and
malfunction report
required under
63.10(d)(i) unless
requested to do so by the
permitting authority.
* * * * * * *
63.8(c)(3)
Yes
Except that verification
of operational status
shall, at a minimum,
include completion of the
manufacturer's written
specifications or
recommendations for
installation, operation,
and calibration of the
system or other written
procedures that provide
adequate assurance that
the equipment would
monitor accurately.
* * * * * * *
63.10(d)(5)(i)
Yesb
Except that reports are
not required to be
submitted unless they are
requested by the
permitting authority.
63.10(d)(5)(ii)
Yes
Except that actions taken
during a startup,
shutdown, or malfunction
that are not consistent
with the startup,
shutdown, and malfunction
plan do not need to be
reported within 2 and
7 days of commencing and
completing the action,
respectively, but must be
included in the next
periodic report.
* * * * * * *
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