[Federal Register Volume 63, Number 159 (Tuesday, August 18, 1998)]
[Rules and Regulations]
[Pages 44135-44143]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-22093]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[AD-FRL-6145-5]
RIN 2060-AI00
National Emission Standards for Hazardous Air Pollutants:
Petroleum Refineries
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule amendments.
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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.
EFFECTIVE DATE: August 18, 1998.
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:
------------------------------------------------------------------------
Examples of regulated
Category 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
[[Page 44136]]
the appropriate person listed in the preceding FOR FURTHER INFORMATION
CONTACT section.
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 while maintaining enforceability. 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 a proposed
rule (63 FR 13587-13589) and a direct final rule (63 FR 13533-13541)
published on March 20, 1998. Adverse comments were received regarding
the direct final rule which was subsequently withdrawn on May 18, 1998
(63 FR 27212). This action addresses comments on the proposed rule and
promulgates revisions to the Petroleum Refineries NESHAP.
II. Summary of Comments on the Proposed Rule Amendments and Changes
from the Proposed Amendments
Comments on the proposed revisions to the rule (63 FR 13587) were
received from four commenters (see Docket No. A-93-48). Commenters
included representatives of the petroleum refining industry, the
chemical manufacturing industry and environmental groups. The majority
of commenters expressed support for the proposed revisions. One
commenter expressed opposition to revisions that remove existing
requirements for refineries to report data and other information to
EPA. The commenter contended that removal of such requirements would
make it impossible for citizens to gain access to this information and
assist EPA in ensuring compliance. EPA agrees; this kind of assistance
from citizens is an important component of enforcing the Clean Air Act
against excess pollution.
The revisions included in the proposed rule are therefore not in
today's action. Specifically, the revisions not in today's action
include: removal of the requirement to report actions that are
consistent with a startup, shutdown, and malfunction plan; removal of
the requirement to report when a continuous monitoring system
experiences a routine or otherwise predictable failure and is repaired
immediately; removal of the requirement to include identification of
Group 2 process vents and storage vessels in the initial Notification
of Compliance Status report; and removal of requirements to report raw
data and calculations for external floating roof storage vessels when
seal gap requirements are not met. All other revisions included in the
proposed rule, for which no adverse comments were received, are
included in today's action.
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.
III. Revisions to Rule
The revisions described in this section are being made to the final
rule. These changes are consistent with the proposal (63 FR 13587). The
EPA received no adverse comments relevant to the revisions described in
this section.
A. 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.
B. 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 part 63, subpart CC (Petroleum Refineries
NESHAP) and 40 CFR part 63, subpart G (the HON), the equipment is to be
in compliance with the provisions of Sec. 63.133 through Sec. 63.137 of
the HON, the requirements of Sec. 63.143 and Sec. 63.148 of the HON for
monitoring, inspections, recordkeeping and reporting and all of the
requirements of 40 CFR part 61, subpart FF National Emission Standards
for Benzene Waste Operations except for Sec. 61.355 and Sec. 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.
C. 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
[[Page 44137]]
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.
D. 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.
E. 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.
F. 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
part 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.
G. 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.
H. 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.
I. 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.
J. 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 part
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
[[Page 44138]]
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.
K. 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.
L. 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 part 60, subpart XX Standards of Performance for
Bulk Gasoline Terminals.
M. 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.
N. 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.
O. 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 part 63, subpart R National Emission Standards
for Gasoline Distribution Facilities. New gasoline loading racks are
also subject to 40 CFR part 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.
P. 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.
Q. 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.
IV. 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 50
[[Page 44139]]
technical hours per refinery and 8,250 technical hours nationwide.
V. 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.
VI. Administrative
A. Paperwork Reduction Act
The information collection requirements of the previously
promulgated Petroleum Refineries NESHAP rule 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 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 8,250 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 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), Pub.
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. 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 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
EPA's prior
[[Page 44140]]
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 EPA's
position supporting the need to issue the regulation. Executive Order
12875 further requires 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, 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 EPA.
This 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
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, Reporting and recordkeeping
requirements, Storage vessels.
Dated: August 11, 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: Petroleum Refineries
2. Amend Sec. 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:
Sec. 63.640 Applicability and designation of affected source.
* * * * *
(k) * * *
(2) * * *
(vii) Reports and notifications required by Secs. 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.
* * * * *
(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.
* * * * *
(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.
* * * * *
(8) Storage vessels described by paragraphs (n)(1) and (n)(3) of
this section are to comply with 40 CFR part 60, 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 Sec. 60.112b(a)(2) of
subpart Kb are exempt from the secondary seal requirements of
Sec. 60.112b(a)(2)(i)(B) during the gap measurements for the primary
seal required by Sec. 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 Sec. 60.113b(b) of
subpart Kb or to inspect the vessel to determine compliance with
Sec. 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 Sec. 63.120(b)(7)(i) or Sec. 63.120(b)(7)(ii) of subpart G.
(iii) If a failure is detected during the inspections required by
Sec. 60.113b(a)(2) or during the seal gap measurements required by
Sec. 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
Sec. 60.113b(a)(2) or Sec. 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
Secs. 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 Secs. 60.115b(a)(3), (a)(4), and (b)(4) of
subpart Kb.
(vi) The reports of rim seal inspections specified in
Sec. 60.115b(b)(2) are not required if none of the measured gaps or
calculated gap areas exceed the limitations specified in
Sec. 60.113b(b)(4). Documentation of the inspections shall be recorded
as specified in Sec. 60.115b(b)(3).
(9) Storage vessels described by paragraph (n)(6) of this section
that are
[[Page 44141]]
to comply with 40 CFR part 60, 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 Sec. 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
Sec. 63.120(b)(7)(i) or Sec. 63.120(b)(7)(ii) of subpart G.
(ii) If a failure is detected during the seal gap measurements
required by Sec. 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, and 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
Sec. 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 Sec. 60.113a(a)(1)(i)(E) of subpart Ka.
(o) * * *
(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 Secs. 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 Secs. 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
Secs. 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 Secs. 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, Secs. 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 Secs. 63.133 through 63.148 and
Secs. 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 or after December 31, 1992, comply with
the requirements of Sec. 63.133 through Sec. 63.147 of subpart G for
Group 1 wastewater streams.
* * * * *
(r) Overlap of subpart CC with other regulations for gasoline
loading racks. 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
part 60, subpart XX is required to comply only with this subpart.
3. Amend Sec. 63.641 by adding in alphabetical order a definition
for ``gasoline'' to read as follows:
Sec. 63.641 Definitions.
* * * * *
Gasoline means any petroleum distillate or petroleum distillate/
alcohol blend having a Reid vapor pressure of 27.6 kilopascals or
greater that is used as a fuel for internal combustion engines.
* * * * *
4. Amend Sec. 63.644 by revising the last sentence of paragraph (a)
to read as follows:
Sec. 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 Sec. 63.645 by revising the definition of ``K2
'' in paragraph (f)(4) and revising paragraph (f)(5) to read as
follows:
Sec. 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:
ETOC=K2CTOCMQs
where:
ETOC=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 deg.C.
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 deg.C.
* * * * *
6. Amend Sec. 63.648 by revising paragraph (e) to read as follows:
Sec. 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 Sec. 63.169 of subpart H of this part.
* * * * *
7. Amend Sec. 63.654 by revising the first sentence of paragraph
(a); revising paragraphs (d)(1), (f) introductory text, and
(f)(1)(i)(A); adding paragraph (f)(6); and revising the first two
sentences of paragraph (h)(6) to read as follows:
Sec. 63.654 Reporting and recordkeeping requirements.
(a) Each owner or operator subject to the wastewater provisions in
Sec. 63.647
[[Page 44142]]
shall comply with the recordkeeping and reporting provisions in
Secs. 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 Sec. 63.640. * * *
* * * * *
(d) * * *
(1) Sections 60.486 and 60.487 of subpart VV of part 60 except as
specified in paragraph (d)(1)(i) of this section; or Secs. 63.181 and
63.182 of subpart H of this part except for Secs. 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.
(ii) [Reserved]
* * * * *
(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 Sec. 63.640(h) with the
exception of Notification of Compliance Status reports submitted to
comply with Sec. 63.640(l)(3) and for storage vessels subject to the
compliance schedule specified in Sec. 63.640(h)(4). Notification of
Compliance Status reports required by Sec. 63.640(l)(3) and for storage
vessels subject to the compliance dates specified in Sec. 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 Sec. 63.640(h), a separate Notification of Compliance
Status report is not required within 150 days after the compliance
dates specified in Sec. 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 a 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 of this part within 150 days after
the compliance dates specified in Sec. 63.640(h) of this subpart.
(1) * * *
(i) * * *
(A) Identification of each storage vessel subject to this subpart,
and 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)(3) of this section. 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
Sec. 63.640(h)(4) or to comply with Sec. 63.640(l)(3).
(1) For each Group 1 storage vessel complying with Sec. 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).
(2) For storage vessels subject to the compliance schedule
specified in Sec. 63.640(h)(4) that are not complying with Sec. 63.646,
the anticipated compliance date.
(3) For storage vessels subject to the compliance schedule
specified in Sec. 63.640(h)(4) that are complying with Sec. 63.646 and
the Group 1 storage vessels described in Sec. 63.640(l), the actual
compliance date.
* * * * *
(6) Notification of Compliance Status reports required by
Sec. 63.640(l)(3) and for storage vessels subject to the compliance
dates specified in Sec. 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.
* * * * *
(h) * * *
(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. * * *
* * * * *
8. In table 5 in the appendix of subpart CC of this part, 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 a
----------------------------------------------------------------------------------------------------------------
Reference (section of subpart Y of this
part) Description Comment
----------------------------------------------------------------------------------------------------------------
63.565(a)............................... Performance test/site test The information required under this
plan. 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\ This table does not include all the requirements delineated under the referenced Sections. See referenced
Sections for specific requirements.
[[Page 44143]]
9. In table 6 in the appendix of subpart CC of this part, revise
the entries for ``63.6(e),'' ``63.8(c)(3),'' and ``63.10(d)(5)(ii)'' to
read as follows:
Table 6.--General Provisions Applicability to Subpart CCa
----------------------------------------------------------------------------------------------------------------
Reference Applies to subpart CC Comment
----------------------------------------------------------------------------------------------------------------
* * * * * *
*
Sec. 63.6(e)........................... Yes........................ Does not apply to Group 2 emission
points.b The startup, shutdown, and
malfunction plan specified in Sec.
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.
* * * * * *
*
Sec. 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.
* * * * * *
*
Sec. 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.
* * * * * *
*
----------------------------------------------------------------------------------------------------------------
a Wherever subpart A specifies ``postmark'' dates submittals may be sent by methods other than the U.S. Mail
(e.g., by fax or courier). Submittals shall be sent by specified dates, but a postmark is not required.
b The plan, and any records or reports of startup, shutdown, and malfunction do not apply to Group 2 emission
points.
[FR Doc. 98-22093 Filed 8-17-98; 8:45 am]
BILLING CODE 6560-50-P
