[Federal Register Volume 63, Number 110 (Tuesday, June 9, 1998)]
[Rules and Regulations]
[Pages 31358-31361]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15005]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[AD-FRL-6106-4]
RIN 2060-A100
National Emission Standards for Hazardous Air Pollutants:
Petroleum Refineries
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: This action revises 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 national emission standards for hazardous air
pollutants (NESHAP). This action revises the date by which an
Implementation Plan for emissions averaging is to be submitted. Today's
action also exempts specific streams associated with hydrogen plants
from the requirements for process vents.
DATES: The direct final rule will be effective on August 18, 1998. The
direct final rule will become effective without further notice unless
the EPA receives relevant adverse comments on or before July 9, 1998.
Should the EPA receive such comments, it will publish a timely document
withdrawing this rule.
ADDRESSES: Comments. Comments should be submitted (in duplicate, if
possible) to: Air and Radiation Docket and Information Center (6102),
Attention Docket Number A-93-48 (see docket section below), U.S.
Environmental Protection Agency, 401 M Street, SW., Washington, DC
20460. The EPA requests that a separate copy also be sent to the
contact person listed below.
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 EPA promulgated the
``National Emission Standards for Hazardous Air Pollutants from
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:
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Category Examples of regulated entities
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Industry.......................... Petroleum Refineries (Standard
Industrial Classification Code
2911).
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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 relevant adverse comments are timely received
by the date specified in the proposed rule, the EPA will publish a
document informing the public that this rule did not take effect and
the comments will be addressed in a subsequent final rule based on the
proposed rule. If no relevant adverse comments on any provision of this
direct final rule are timely filed then the entire direct final rule
will become effective on August 18, 1998, and no further action will be
taken on the companion proposal published today.
I. Description of Revisions
A. Revision of Submission Date for Plan to Implement Emissions
Averaging
Today's action revises the requirement to submit an Implementation
Plan, if using emissions averaging, no later than 18 months prior to
the compliance date. The requirement is revised to allow the
Implementation Plan to be submitted for approval at any time prior to
initiation of emissions averaging. The EPA has determined that the
requirement to submit the Implementation Plan 18 months prior to the
compliance date is not desirable because it precludes existing sources
from using emissions averaging if they decide to do so in the future.
[[Page 31359]]
B. Exemption of Specific Hydrogen Plant Vent Streams From Process Vents
Requirements
At the time the Petroleum Refineries NESHAP was being developed,
little information was available regarding hydrogen plant vent streams.
Neither the petroleum refining industry nor the EPA had adequate
information to accurately determine if hydrogen plant vents would be
subject to the miscellaneous process vent provisions of the NESHAP.
Recent information gathering efforts by the petroleum refining industry
indicate that there are vent streams from hydrogen plants that meet the
definition of Group 1 miscellaneous process vents. However, this
information indicates that these vents, because they have no controls,
are significantly different from the vents on which the miscellaneous
process vent provisions are based. Consequently, it may not be
appropriate or even possible to apply the miscellaneous process vent
provisions to these hydrogen plant vents.
In hydrogen plants, steam and methane or other hydrocarbons are
reacted to form a synthesis gas, which is a mixture of hydrogen and
carbon dioxide. Once the hydrogen is formed it must be purified by
removing the carbon dioxide. Two techniques are used for carbon dioxide
removal: wet carbon dioxide absorption/desorption; and pressure swing
absorption (PSA). Methanol is formed as a byproduct of the hydrogen-
forming reactions. Absorption/desorption systems absorb some of the
methanol along with the CO2. In some instances, methanol is
used as the absorption fluid. Heat or an inert gas such as nitrogen is
subsequently used to desorb the absorption fluid. The desorbed gases
contain CO2, water vapor, nitrogen (for some processes), and
small quantities of methanol. This is referred to as the CO2
vent. A source of emissions for both the absorption/desorption and PSA
systems can be steam that is condensed and removed at various points in
the process. The steam contains condensed methanol and dissolved carbon
dioxide. When the steam is deaerated to remove air and carbon dioxide
before being recycled, some of the methanol is released to the
atmosphere with the carbon dioxide and air. This is referred to as the
deaerator vent.
The CO2 vent and deaerator vent are significantly
different from typical miscellaneous process vents considered in
determining the requirements of the Petroleum Refineries NESHAP.
Typical process vents are continuous streams of consistent composition
with sufficient heating value to sustain combustion. Incineration of
these streams in boilers, process heaters or flares, which was
determined to be the maximum achievable control technology, is not
expected to cause operational upsets.
The hydrogen plant vents are of significant volume and have little
heating value. They are primarily composed of water vapor and carbon
dioxide. Methanol, the combustible element of the streams, has been
determined to make up less than one percent of the deaerator vent and
to be in the part per million range in the CO2 vent. It is
not likely that existing flares, boilers, or process heaters can
accommodate the combustion of these vents due to their large volume and
the additional auxiliary fuel that would be required to sustain
combustion. None of these hydrogen plant vents are currently known to
be controlled. New control devices would have to be built to achieve
the destruction efficiency required by the NESHAP. The original
analysis of the impact of the miscellaneous process vent provisions
indicated that no major capital investments or significant operating
costs would be required to comply. This would not be the case for the
hydrogen plant vents. Cost analyses indicate that new control devices
would require a capital investment ranging from $250,000 to $2,000,000.
Capital costs are relatively high due to the large volume of the vents
streams. The relative amount of methanol destroyed is low, due to the
low concentrations in the vent streams. The resulting cost
effectiveness is estimated to range from $5,500 to $55,000 per megagram
of methanol destroyed.
Analysis of data currently available indicates that, unlike other
process vents, these hydrogen plant CO2 and deaerator vents
are not being controlled. An analysis of the control technology in
place at the best performing 12 percent of facilities would result in a
determination that the maximum achievable control technology (MACT)
floor is ``no control'' for hydrogen plant CO2 and deaerator
vents. Thus, requiring hydrogen plant CO2 and deaerator
vents to comply with the existing process vent requirements would
constitute the imposition of an ``above the floor'' requirement. Due to
significantly increased compliance costs, EPA does not believe that
such an ``above the floor'' requirement is justified. Compliance with
the existing process vents requirements cannot be achieved with the
same cost effectiveness estimated for typical miscellaneous process
vents. Potential controls for the hydrogen plant vents are
significantly more costly than those for typical process vents, mainly
due to the fact that new control devices would be required. Because the
MACT analysis and cost effectiveness analysis for miscellaneous process
vents are not applicable to hydrogen plant vents, an exemption from the
miscellaneous process vents provision is being provided for hydrogen
plant CO2 and deaerator vents.
II. Judicial Review
Under section 307(b)(1) of the Clean Air Act (Act), judicial review
of the actions taken by the administrator in 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 Act,
the requirements set forth in today's final rule may not be challenged
later in civil or criminal proceedings brought by EPA to enforce these
requirements.
III. Administrative
A. Paperwork Reduction Act
The information collection requirements of the previously
promulgated NESHAP were submitted to and approved by the Office of
Management and Budget (OMB) under the Paperwork Reduction Act, 44
U.S.C. 3501 et seq. A copy of this Information Collection Request (ICR)
document (OMB Control Number 2060-0340) may be obtained from the
Information Policy Branch (PY-223Y); U.S. Environmental Protection
Agency; 401 M Street, SW; Washington, DC 20460 or by calling (202) 260-
2740. The ICR is currently in the reinstatement process.
Today's changes to the NESHAP have no impact on the information
collection burden estimates. The changes regarding emissions averaging
consist of a revision to the date by which an Implementation Plan is to
be submitted. Because the industry and the EPA were not aware of the
hydrogen plant vent streams that may meet the current Group 1
miscellaneous process vent definition, information collection
activities associated with these vents were not included in the burden
estimate. Today's revisions do not increase or decrease the information
collection burden on the regulated community or the EPA. Consequently,
the ICR has not been revised.
B. Executive Order 12866 Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993) the EPA
must determine whether the regulatory action is ``significant'' and
therefore subject to
[[Page 31360]]
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; or
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.
Today's action revises a submittal date for a report and provides
an exemption for specific vent streams. Because today's action does not
add any additional requirements, 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 does not add any
requirements to the Petroleum Refineries NESHAP. This rule revises a
submittal date for a report and provides an exemption for specific vent
streams.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 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 revise the submittal date for a report and provide an exemption for
specific vent streams. Thus, today's rule is not subject to the
requirements of sections 202 and 205 of the UMRA.
E. Executive Order 12875
To reduce the burden of Federal regulations on States and small
governments, the President issued Executive Order 12875 entitled
``Enhancing the Intergovernmental Partnership'' on October 26, 1993.
Executive Order 12875 prohibits the EPA, to the extent feasible and
permitted by law, from promulgating any regulation that is not required
by statute and that creates a mandate upon a State, local or tribal
government unless: (i) the Federal Government provides the funds
necessary to pay the direct costs incurred by the State, local or
tribal government in complying with the mandate; or, (ii) EPA provides
to the Office of Management and Budget a description of the extent of
the EPA's prior consultation with representatives of affected State,
local and tribal governments, the nature of those entities concerns,
any written communications submitted to EPA by such units of government
and the EPA's position supporting the need to issue the regulation.
Executive Order 12875 further requires the EPA to develop an effective
process to permit elected officials and other representatives of State,
local and tribal governments ``to provide meaningful and timely input
in the development of regulatory proposals containing significant
unfunded mandates.'' This rule does not create a mandate upon State,
local or tribal governments.
F. Applicability of Executive Order 13045
Executive Order 13045 applies to any rule that EPA determines (1)
``economically significant'' as defined under Executive Order 12866,
and (2) the environmental health or safety risk addressed by the rule
has a disproportionate effect on children. If the regulatory action
meets both criteria, the EPA must evaluate the environmental health or
safety effects of the planned rule on children and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the EPA.
This direct final rule is not subject to E.O. 13045, entitled
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not an
economically significant regulatory action as defined by Executive
Order 12866, and it does not address an environmental health or safety
risk that would have a disproportionate effect on children.
G. 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 in 40 CFR Part 63
Environmental protection, Air pollution control, Hazardous air
pollutants, Petroleum refineries,
[[Page 31361]]
Reporting and recordkeeping requirements, Storage vessels.
Dated: May 28, 1998.
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:
PART 63--[AMENDED]
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 From Petroleum Refineries
2. Amend Sec. 63.641 by revising paragraphs (11), (12), and (13) of
and adding paragraph (14) to the definition of miscellaneous process
vent to read as follows:
Sec. 63.641 Definitions.
* * * * *
Miscellaneous process vent * * *
(11) Coking unit vents associated with coke drum depressuring at or
below a coke drum outlet pressure of 15 pounds per square inch gauge,
deheading, draining, or decoking (coke cutting) or pressure testing
after decoking;
(12) Vents from storage vessels;
(13) Emissions from wastewater collection and conveyance systems
including, but not limited to, wastewater drains, sewer vents, and sump
drains; and
(14) Hydrogen production plant vents through which carbon dioxide
is removed from process streams or through which steam condensate
produced or treated within the hydrogen plant is degassed or deaerated.
* * * * *
3. Amend Sec. 63.653 by revising paragraph (d)(1) to read as
follows:
Sec. 63.653 Monitoring, recordkeeping, and implementation plan for
emission averaging.
* * * * *
(d) * * *
(1) The Implementation Plan shall be submitted to the Administrator
and approved prior to implementing emissions averaging. This
information may be submitted in an operating permit application, in an
amendment to an operating permit application, in a separate submittal,
in a Notification of Compliance Status Report, in a Periodic Report or
in any combination of these documents. If an owner or operator submits
the information specified in paragraph (d)(2) of this section at
different times, and/or in different submittals, later submittals may
refer to earlier submittals instead of duplicating the previously
submitted information.
* * * * *
[FR Doc. 98-15005 Filed 6-8-98; 8:45 am]
BILLING CODE 6560-50-P
