[Federal Register Volume 81, Number 134 (Wednesday, July 13, 2016)]
[Rules and Regulations]
[Pages 45232-45245]
[FR Doc No: 2016-16451]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 60 and 63

[EPA-HQ-OAR-2010-0682; FRL-9948-92-OAR]
RIN 2016-AS83

National Emission Standards for Hazardous Air Pollutant
Emissions: Petroleum Refinery Sector Amendments

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This action amends the National Emissions Standards for
Hazardous Air Pollutants (NESHAP) for Petroleum Refineries in three
respects. First, this action adjusts the compliance date for regulatory
requirements that apply at maintenance vents during periods of startup,
shutdown, maintenance or inspection for sources constructed or
reconstructed on or before June 30, 2014. Second, this action amends
the compliance dates for the regulatory requirements that apply during
startup, shutdown, or hot standby for fluid catalytic cracking units
(FCCU) and startup and shutdown for sulfur recovery units (SRU)
constructed or reconstructed on or before June 30, 2014. Finally, this
action finalizes technical corrections and clarifications to the NESHAP
and the New Source Performance Standards (NSPS) for Petroleum
Refineries. These amendments are being finalized in response to new
information submitted after these regulatory requirements were
promulgated as part of the residual risk and technology review (RTR)
rulemaking, which was published on December 1, 2015. This action will
have an insignificant effect on emissions reductions and costs.

DATES: This final rule is effective on July 13, 2016.

ADDRESSES: The Environmental Protection Agency (EPA) has established a
docket for this action under Docket ID No. EPA-HQ-OAR-2010-0682. All
documents in the docket are listed on the http://www.regulations.gov
Web site. Although listed in the index, some information is not
publicly available, e.g., confidential business information (CBI) or
other information whose disclosure is restricted by statute. Certain
other material, such as copyrighted material, is not placed on the
Internet and will be publicly available only in hard copy form.
Publicly available docket materials are

available electronically through http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Ms. Brenda Shine, Sector Policies and
Programs Division, Refining and Chemicals Group (E143-01), Office of
Air Quality Planning and Standards, Environmental Protection Agency,
Research Triangle Park, North Carolina 27711; telephone number: (919)
541-3608; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    Preamble Acronyms and Abbreviations. We use multiple acronyms and
terms in this preamble. While this list may not be exhaustive, to ease
the reading of this preamble and for reference purposes, the EPA
defines the following terms and acronyms here:

CAA Clean Air Act
CBI confidential business information
CFR Code of Federal Regulations
COMS continuous opacity monitoring system
CPMS continuous parameter monitoring system
EPA Environmental Protection Agency
ESP electrostatic precipitator
FCCU fluid catalytic cracking unit
HAP hazardous air pollutants
LEL lower explosive limit
NESHAP national emissions standards for hazardous air pollutants
NSPS new source performance standards
NTTAA National Technology Transfer and Advancement Act
OAQPS Office of Air Quality Planning and Standards
OMB Office of Management and Budget
OSHA Occupational Safety and Health Administration
PRA Paperwork Reduction Act
PSM Process Safety Management
QA quality assurance
RFA Regulatory Flexibility Act
RMP Risk Management Plan
RSR Refinery Sector Rule
RTR residual risk and technology review
SRU sulfur recovery unit
TTN Technology Transfer Network
UMRA Unfunded Mandates Reform Act

    Organization of This Document. The information in this preamble is
organized as follows:

I. General Information
    A. Does this action apply to me?
    B. Where can I get a copy of this document and other related
information?
    C. Judicial Review and Administrative Reconsideration
II. Background Information
III. Final Revisions to Compliance Dates and Technical Corrections
in the NSPS and NESHAP for Petroleum Refineries and Revisions on the
February 9, 2016 Proposal
IV. Summary of Comments and Responses
    A. Compliance Date Amendments
    B. Technical and Editorial Corrections
V. Statutory and Executive Order Reviews
    A. Executive Orders 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act (PRA)
    C. Regulatory Flexibility Act (RFA)
    D. Unfunded Mandates Reform Act (UMRA)
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution or Use
    I. National Technology Transfer and Advancement Act (NTTAA)
    J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
    K. Congressional Review Act (CRA)

I. General Information

A. Does this action apply to me?

    Regulated Entities. Categories and entities potentially regulated
by this action are shown in Table 1 of this preamble.

   Table 1--Industrial Source Categories Affected by This Final Action
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              NESHAP and source  category                 NAICS \a\ Code
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Petroleum Refining Industry............................          324110
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\a\ North American Industry Classification System.

    Table 1 of this preamble is not intended to be exhaustive, but
rather to provide a guide for readers regarding entities likely to be
affected by the final action for the source categories listed. To
determine whether your facility is affected, you should examine the
applicability criteria in the appropriate NESHAP or NSPS. If you have
any questions regarding the applicability of any aspect of these NESHAP
or NSPS, please contact the appropriate person listed in the preceding
FOR FURTHER INFORMATION CONTACT section of this preamble.

B. Where can I get a copy of this document and other related
information?

    In addition to being available in the docket, an electronic copy of
this final action will also be available on the Internet through the
Technology Transfer Network (TTN) Web site, a forum for information and
technology exchange in various areas of air pollution control.
Following signature by the EPA Administrator, the EPA will post a copy
of this final action at http://www.epa.gov/ttn/atw/petref.html.
Following publication in the Federal Register, the EPA will post the
Federal Register version and key technical documents at this same Web
site.

C. Judicial Review and Administrative Reconsideration

    Under Clean Air Act (CAA) section 307(b)(1), judicial review of
this final action is available only by filing a petition for review in
the United States Court of Appeals for the District of Columbia Circuit
by September 12, 2016. Under CAA section 307(b)(2), the requirements
established by this final rule may not be challenged separately in any
civil or criminal proceedings brought by the EPA to enforce the
requirements.
    Section 307(d)(7)(B) of the CAA further provides that ``[o]nly an
objection to a rule or procedure which was raised with reasonable
specificity during the period for public comment (including any public
hearing) may be raised during judicial review.'' This section also
provides a mechanism for the EPA to reconsider the rule ``[i]f the
person raising an objection can demonstrate to the Administrator that
it was impracticable to raise such objection within [the period for
public comment] or if the grounds for such objection arose after the
period for public comment (but within the time specified for judicial
review) and if such objection is of central relevance to the outcome of
the rule.'' Any person seeking to make such a demonstration should
submit a Petition for Reconsideration to the Office of the
Administrator, U.S. EPA, Room 3000, EPA WJC North Building, 1200
Pennsylvania Ave. NW., Washington, DC 20460, with a copy to the person
listed in the preceding FOR FURTHER INFORMATION CONTACT section, and
the Associate General Counsel for the Air and Radiation Law Office,
Office of General Counsel (Mail Code 2344A), U.S. EPA, 1200
Pennsylvania Ave. NW., Washington, DC 20460.

II. Background Information

    The EPA promulgated NESHAP pursuant to the CAA sections 112(d)(2)
and (3) for petroleum refineries located at major sources in three
separate rules. These standards are also referred to as maximum
achievable control technology (MACT) standards. The first rule was
promulgated on August 18, 1995, in 40 CFR part 63, subpart CC (also
referred to as Refinery MACT 1) and regulates miscellaneous process
vents, storage vessels, wastewater,

equipment leaks, gasoline loading racks, marine tank vessel loading,
and heat exchange systems. The second rule was promulgated on April 11,
2002, in 40 CFR part 63, subpart UUU (also referred to as Refinery MACT
2) and regulates process vents on catalytic cracking units (CCU,
including FCCU), catalytic reforming units, and SRU. Finally, on
October 28, 2009, the EPA promulgated amendments to Refinery MACT 1 to
include MACT standards for heat exchange systems, which were not
originally addressed in Refinery MACT 1. This same rulemaking included
updating cross-references to the General Provisions in 40 CFR part 63.
    The EPA completed an RTR of Refinery MACT 1 and 2, publishing
proposed amendments on June 30, 2014. These proposed amendments also
included technical corrections and clarifications raised in a 2008
industry petition for reconsideration of NSPS for Petroleum Refineries
(40 CFR part 60, subpart Ja). After seeking, receiving and addressing
public comments, the EPA published final amendments on December 1,
2015.
    The December 1, 2015, final amendments included requirements in
Refinery MACT 1 for process vents designated as ``maintenance vents.''
Maintenance vents are those whose use is needed only during startup,
shutdown, maintenance or inspection of equipment where the equipment is
emptied, depressurized, degassed or placed into service. The December
1, 2015, final amendments require that the hydrocarbon content of the
vapor in the equipment served by the maintenance vent to be less than
or equal to 10 percent of the lower explosive limit (LEL) prior to
venting to the atmosphere. The December 1, 2015, final rule also
provides specific allowances for situations when the 10 percent LEL
cannot be demonstrated or is technically infeasible. After promulgation
of the rule, we learned that there was confusion regarding the
interpretation of the dates provided in Table 11 of 40 CFR part 63,
subpart CC. We intended the compliance date for maintenance vents
located at sources constructed on or before June 30, 2014, to be the
next qualifying maintenance activity occurring after February 1, 2016
(the effective date of the December 1, 2015, final amendments).
    Additionally, the December 1, 2015, final amendments included
alternative standards for startup and shutdown events for FCCU and SRU
in Refinery MACT 2. For FCCU, the final amendments included two options
for demonstrating compliance with the particulate matter (PM) limit (as
a surrogate for metal hazardous air pollutants [HAP]) during periods of
startup, shutdown, or hot standby in Sec.  63.1564(a)(5). These options
are: Meeting the emission limit(s) that apply during normal operations
or meeting a minimum cyclone face velocity limit. Similarly, two
options were provided for demonstrating compliance with the carbon
monoxide (CO) limit for FCCU (as a surrogate for organic HAP) during
periods of startup and shutdown in Sec.  63.1565(a)(5). These options
include: Meeting the emission limit(s) that apply during normal
operations or meeting an excess oxygen limit in the exhaust from the
catalyst regenerator. For SRU, three compliance options were provided
to demonstrate compliance during periods of startup and shutdown in
Sec.  63.1568(a)(4). These are: Meeting the emission limit(s) that
apply during normal operations, sending purge gases to a flare that
meets certain operating requirements, or sending purge gases to a
thermal oxidizer or incinerator that meets specific temperature and
excess oxygen requirements. For owners or operators electing to comply
with the alternative limits for startup, shutdown, or hot standby for
FCCU (e.g., minimum cyclone face velocity option for PM; excess oxygen
limit for the catalyst regenerator exhaust for CO) or for startup or
shutdown for SRU (e.g., sending purge gases to a thermal oxidizer or
incinerator meeting temperature and excess oxygen requirements), the
compliance date established in the final amendments was February 1,
2016 (the effective date of the December 1, 2015, RTR final
amendments).
    Since the promulgation of the December 1, 2015, final amendments,
the EPA received new information that the compliance dates for the
maintenance vents and alternative startup/shutdown standards for FCCU
and SRU pose safety concerns. This information indicated that the
compliance dates do not allow sufficient time to complete the
management of change process including evaluating the change, forming
an internal team to accomplish the change, engineering the change which
could include developing new set points, installing new controls or
alarms, conducting risk assessments, updating associated plans and
procedures, providing training, performing pre-startup safety reviews,
and implementing the change as required by other regulatory programs.
Further, the information indicated that in some cases refinery owners
or operators may need to install additional control equipment to meet
the new requirements. On January 19, 2016, the EPA received a petition
for reconsideration from the American Petroleum Institute (API) and the
American Fuel and Petrochemical Manufacturers (AFPM) formally
requesting that EPA reconsider these issues.
    On February 9, 2016, the EPA published proposed revisions to the
December 1, 2015, final amendments. Specifically, the proposal included
a revision to the compliance date in 40 CFR part 63 subpart CC for the
requirements for maintenance vents which apply during periods of
startup, shutdown, maintenance or inspection for sources constructed or
reconstructed on or before June 30, 2014. The proposal also included a
revision to the compliance dates in 40 CFR part 63 subpart UUU for the
use of the alternative standards for FCCU and SRU which apply during
startup and shutdown and for FCCU during hot standby for sources
constructed or reconstructed on or before June 30, 2014. Finally, the
proposed rule provided technical corrections and clarifications to the
NESHAP and NSPS Ja.
    The proposal provided a 45-day comment period ending on March 25,
2016. The EPA received comments on the proposed revisions from
refiners, trade associations, a state environmental and health
department, environmental groups, and private citizens. This final rule
provides a discussion of the final revisions, including changes in
response to comments on the February 9, 2016, proposal, as well as a
summary of the significant comments received and responses. This action
fully responds to the January 19, 2016, petition for reconsideration
submitted by API and AFPM.

III. Final Revisions to Compliance Dates and Technical Corrections in
the NSPS and NESHAP for Petroleum Refineries and Revisions on the
February 9, 2016, Proposal

    In the February 9, 2016 proposal, we proposed to require owners and
operators of sources that were constructed or reconstructed on or
before June 30, 2014, to comply with the requirements for maintenance
vents during startup, shutdown, maintenance and inspection; the
requirements for FCCU during startup, shutdown and hot standby; and the
requirements for SRU during startup and shutdown no later than 18
months after the effective date of the December 1, 2015, rule (i.e., no
later than August 1, 2017). We are finalizing these amendments as
proposed.

    We also proposed to make clarifying revisions to Table 11 in 40 CFR
part 63, subpart CC to more clearly delineate the compliance dates for
the various provisions in subpart CC and to reflect the compliance date
proposed for the maintenance vent provisions. We are finalizing these
amendments as proposed with minor clarifications. Relative to the
amendments made to Table 11 in subpart CC, we received a comment that
the compliance dates for storage vessels in the proposed revisions to
Table 11 do not reflect the use of the overlap provisions in Sec.
63.640(n). The overlap provisions in Sec.  63.640(n) allow Group 1 and
2 storage vessels to comply with other regulations (e.g., 40 CFR part
60, subpart Kb) as a means of demonstrating compliance with the
standards in Refinery MACT 1. Compliance with the overlap provisions is
in lieu of complying with the storage vessel provisions in Refinery
MACT 1. We acknowledge that Table 11 does not directly reference the
overlap provisions included in Sec.  63.640(n). We are clarifying in
Table 11 that owners or operators of affected storage vessels must
transition to comply with the provisions in Sec.  63.660 ``. . . or, if
applicable, Sec.  63.640(n) . . .'' on or before April 29, 2016.
    We also proposed a number of technical and clarifying revisions to
other portions of the regulations. These amendments are listed below
and are being finalized as proposed with minor revision as noted in
Items 3 and 9. Finally, we are making two additional revisions, as
described following the numbered paragraphs below. One change is to
correct an error we identified and the other is in response to a
comment we received during the comment period.
    1. Revising the first sentence in Sec.  60.102a(f)(1)(i) to
incorporate the pollutant of concern, sulfur dioxide (SO2),
directly into the regulatory text rather than inside a parenthesis
within the sentence;
    2. Making a grammatical correction to the closed blowdown system
definition in Sec.  63.641 by adding an ``a'' before the phrase, ``. .
. process vessel to a control device or back into the process.'';
    3. Replacing the term ``relief valve'' and ``valve'' with
``pressure relief device'' and ``device'' in the force majeure event
definition in Sec. Sec.  63.641 and 63.670(o)(1)(ii)(B), respectively.
We received a comment that the term ``valve'' should be replaced with
the term ``device'' in Sec.  63.670(o)(1)(vi) for consistency and are
finalizing this change;
    4. Expanding the list of exceptions for equipment leak requirements
in Sec.  63.648(a) to ensure that the intent of the rulemaking is
clear, that pressure relief devices subject to the requirements in
either 40 CFR part 60, subpart VV or part 63, subpart H and the
requirements in 40 CFR part 63, subpart CC are to comply with the
requirements in Sec.  63.648(j)(1) and (2), instead of the pressure
relief device requirements in 40 CFR part 60, subpart VV and 40 CFR
part 63, subpart H;
    5. Editing the reporting and recordkeeping requirements related to
fenceline monitoring contained in Sec.  63.655(h)(8) to provide clarity
that compliance reports are due 45 days after the end of each reporting
period. The term ``periodic'' in the context of the report for
fenceline monitoring has been removed to avoid confusion concerning the
due dates of other periodic reports contained in 40 CFR part 63,
subpart CC such as those specified in Sec.  63.655(g);
    6. Editing the siting requirements for passive monitors near known
sources of volatile organic compounds (VOC) contained in Sec.
63.658(c)(1) to clarify that a monitor should be placed on the
shoreline adjacent to the dock for marine vessel loading operations by
removing the phrase ``that are located offshore'';
    7. Revising the catalytic reforming unit (CRU) pressure limit
exclusion provision in 40 CFR 63.1566(a)(4) to specify that refiners
have 3 years to comply with the requirements to meet emission
limitations in Tables 15 and 16 if they actively purge or depressurize
at vessel pressures of 5 pounds per square inch gage (psig) or less;
    8. Revising the entry for item 1 in Table 2 of 40 CFR part 63,
subpart UUU to clarify that refineries have 18 months to comply with
the 20-percent opacity operating limit for units subject to Refinery
NSPS subpart J or units electing to comply with Refinery NSPS subpart J
provisions;
    9. Removing the reference to Sec.  60.102a(b)(1) in Sec.
63.1564(a)(1)(iv). Additionally, in response to a comment, we are
removing the phrase ``of this Chapter'' from this same provision for
consistency.
    10. Making a typographical correction to the reference to Sec.
63.1566(a)(5)(iii) in 40 CFR part 63, subpart UUU, Table 3, Item 12 to
correctly reference Sec.  63.1564(a)(5)(ii); and
    11. Making an editorial correction to add the word ``and'' in place
of a semicolon in 40 CFR part 63, subpart UUU, Table 5, Item 2.
    In reviewing the rule requirements, we noted that the last sentence
of the introductory paragraph in Sec.  63.1564(a)(1) refers to ``. . .
the four options in paragraphs (a)(1)(i) through (vi) of this
section.'' There are six options in these paragraphs, and thus we are
finalizing an amendment to revise Sec.  63.1564(a)(1) to accurately
describe these paragraphs by replacing the word ``four'' with ``six.''
    As discussed in more detail in Section IV of this preamble, in
response to a comment, we are finalizing an amendment to item (5) in
the definition of miscellaneous process vent to clarify that in situ
sampling systems will be excluded from the definition until February 1,
2016. After this date, these sampling systems will be considered
miscellaneous process vents. Systems which are determined to be Group 1
miscellaneous process vents will need to comply with applicable
provisions no later January 30, 2019.

IV. Summary of Comments and Responses

    This section summarizes substantive comments received on the
February 2016 proposal. We received some comments suggesting rule
revisions for requirements in the December 2015 rule for which we did
not propose a revision in the February 2016 proposal. These comments
were not specifically summarized or addressed because they are beyond
the scope of the amendments and we did not open those provisions for
public comment. The Agency may elect to consider the issues raised by
those comments in the context of a future rulemaking action.

A. Compliance Date Amendments

    Comment 1: Two commenters expressed support for the proposal to
revise the compliance dates for the maintenance vent provisions during
periods of startup, shutdown, maintenance and inspection in 40 CFR part
63, subpart CC, for the alternative standards for startup, shutdown and
hot standby for FCCU in 40 CFR part 63, subpart UUU and the alternative
standards for startup and shutdown for SRU in subpart UUU. These
commenters agreed that additional time is needed to install controls
and/or comply with management of change requirements in applicable
process safety management (PSM) and risk management program (RMP)
requirements. Commenters asserted that refineries need this time to
fully perform applicability determinations, complete the procurement
process to acquire consultant services to assist with these
applicability determinations, modify internal procedures, perform
training and implement control/equipment/operational changes as needed.

    One commenter further explained that they also interpreted
statements in the December 1, 2015, preamble to the final rule (80 FR
at 75186) as EPA's intent to provide 18 months for compliance with the
provisions in Sec. Sec.  63.1564 and 63.1565 including the associated
monitoring, recordkeeping and reporting requirements. The commenter
points out that the regulatory provisions in 63.1564 (a)(2) and in
Table 2 of subpart UUU do not reflect this intent and that these
provisions should be revised to reflect an August 1, 2017, compliance
date. The commenter specifically requested that EPA clarify the
regulatory language to provide an August 2017 compliance date for
monitoring requirements for FCCU controls, such as bag leak detectors,
total power and the secondary current operating limits for
electrostatic precipitators (ESP), and daily checks of the air or water
pressure to the spray nozzles on jet ejector-type wet scrubbers or
other types of wet scrubbers equipped with atomizing spray nozzles.
    The commenter further explained that pursuant to Sec.
63.1572(c)(1)-(5), the compliance time for continuous parameter
monitoring systems (CPMS) specifications in Table 41, when coupled with
the revisions to monitoring requirements contained in Sec.  63.1572(d),
is inadequate (the commenter believes these requirements are effective
within 60 days of the effective date of the Refinery Sector Rule) given
that refineries would have to perform an assessment of each CPMS as
well an assessment of potential equipment and operational changes.
    Response 1: We appreciate the support for the proposed revisions.
We disagree, however, with the comment indicating a belief that we also
intended to provide 18 months for refineries to comply with the FCCU
provisions in Sec. Sec.  63.1564 and 63.1565, including the associated
monitoring, recordkeeping and reporting requirements.
    Sections 63.1564 and 63.1565 refer to NSPS Ja requirements, which
are not new requirements for some sources pursuant to the December 2015
final amendments. In the preamble to the December 2015 final
amendments, we stated (80 FR 75186): ``As proposed, we are providing 18
months after the effective date of the final rule to conduct required
performance tests and comply with any revised [emphasis added]
operating limits for FCCU.'' We did not consider the pre-existing NSPS
requirements referred to in Sec. Sec.  63.1564 and 63.1565 to be
``revised operating limits'' for sources subject to NSPS Ja. We note
that an 18-month compliance period for these NSPS Ja requirements is
not supported because the proposed and final MACT operating limits are
identical to the NSPS Ja operating limits which already apply to these
affected sources. For refinery sources subject to the December 2015
final amendments and that are non-NSPS Ja sources, Tables 1 through 14
to 40 CFR part 63, subpart UUU clearly provide an 18-month compliance
period for refineries to transition from the existing requirements to
the revised operating limits.
    With regard to the revised FCCU monitoring requirements in Sec.
63.1572(d), as discussed in the Response to Comment document for the
December 1, 2015, final rule (Docket Item No. EPA-HQ-OAR-2010-0682-
0802), we amended the alternative monitoring approach to require daily
inspections of the air or water supply lines with the understanding
that no new monitoring equipment is needed to complete these
inspections. Therefore, we proposed and then finalized these
alternative requirements to apply immediately on the effective date of
the rule.
    With regard to the compliance time for CPMS, the commenter is
mistaken that the regulations provide a 60-day compliance period.
Section 63.1572(c)(1) provides an 18-month transition period to the new
CPMS quality assurance (QA) requirements in Table 41. When establishing
this compliance date, we estimated that the time to perform these
evaluations, request vendor quotes, if necessary to upgrade or replace
existing monitors, and install the new/upgraded equipment would require
about 12 to 18 months. Thus, in the promulgating the final rule, the
Agency considered the types of concerns raised by the commenter and
provided an 18-month transition period.
    We note that pursuant to the provisions in Sec.  63.6(i), which are
generally applicable, refinery owners or operators may seek compliance
extensions on a case-by-case basis if necessary.
    Comment 2: One commenter stated that by extending the compliance
dates for the provisions addressed in the proposal, the EPA has
extended the amount of time for illegal exemptions for periods of
startup, shutdown and malfunction. The commenter also asserted that
substituting the general duty requirements as the continuous emissions
limit during the period between the promulgation and effective date is
not consistent with the CAA as it requires that section 112 standards
apply at all times, and general duty requirements do not meet the
requirements of CAA section 112.
    The commenter also maintained that the CAA requires that air toxics
standards should be effective upon promulgation, and provides that
existing sources should comply as expeditiously as practicable. The
commenter argued that the EPA has not demonstrated in the record how 18
months is as ``expeditiously as practicable,'' and therefore the
extension of the compliance period is arbitrary and unlawful. The
commenter continued that the reasons given for the extension were in
part based on a potential need to install controls, but the EPA did not
provide an independent analysis demonstrating that there is an actual
need for new controls. Further, the commenter asserted that this
scenario could be addressed on a case-by-case basis by the provisions
in Sec.  63.6(i) rather than as a blanket exemption for all sources.
The commenter also stated that the other reason given for the
extension, compliance with the RMP and the Occupational Safety and
Health Administration's (OSHA) PSM, does not justify an extension for
compliance with the air toxics program. The commenter also stated that
the timing for removing these SSM exemptions has been delayed for
approximately 8 years (since the 2008 Sierra Club ruling) due to
rulemaking processes and delays, and that further delay is unwarranted.
    Finally, the commenter stated that the EPA did not provide
emissions data to support their statements in the preamble that the
emission impacts from extending the compliance deadlines will have ``an
insignificant effect on emissions reductions.''
    Response 2: We share the commenter's desire to implement the new
Refinery Sector Rule provisions as quickly as possible. However, we
have determined that it is infeasible to immediately comply with
certain provisions of the December 1, 2015, final rule, and it is,
therefore, necessary to provide the additional compliance time. Based
on the information that we now have, we concluded that facilities
require additional time to comply with certain provisions in the final
rule in order to allow facilities to install the appropriate monitoring
equipment, change procedures, and, if necessary, add or modify emission
control equipment.
    We disagree with the commenters that we substituted the general
duty requirement for the requirements for which we are establishing an
18-month compliance period. Rather, we discussed the general duty
provision to

emphasize that although compliance with the relevant amendments would
be delayed for a period of time, these sources remain obligated to
comply with good air pollution control practices as specified in the
general duty requirements. We were not suggesting that the ``general
duty'' requirement is sufficient to meet CAA section 112 for the
regulated sources at issue in this rule.
    We disagree with the commenter that the compliance period is not
supported and is therefore arbitrary. The process equipment associated
with maintenance vents, FCCU and SRU, are subject to the requirements
of the RMP regulation in 40 CFR part 68 and the OSHA PSM standard in 29
CFR part 1910. Therefore, any operational or procedural changes
resulting from meeting the applicable standards must follow the
management of change procedures in the respective regulatory programs,
as codified in Sec.  68.75 and Sec.  1910.119(l). As part of the
management of change process, the EPA expects that facilities will have
to perform an upfront assessment to determine what changes are required
to meet the maintenance vent requirements and alternative standards for
FCCU and SRU during periods of startup and shutdown. Based on the new
information we received after these regulatory requirements were
promulgated, we anticipate that refinery owners or operators will have
to adjust or install new instrumentation including alarms, closed drain
headers, equipment blowdown drums, and other new or revised equipment
and controls in order to comply with the new startup and shutdown
provisions. Where these types of projects are necessary, it is likely
facilities will have to hire a contractor to assist with the project
and complete the procurement process. Additionally, we expect that
facilities will have to perform risk assessments and review and revise
standard operating procedures, as necessary. Further, the management of
change provisions also require that employees who are involved in
operating a process, and maintenance and contract employees whose job
tasks are affected by the change, must be trained prior to start up of
the affected process. Finally, facilities are required to conduct pre-
startup safety reviews and obtain authorization to fully implement and
startup the modified process and/or equipment.
    We disagree that compliance obligations with EPA's RMP and OSHA's
PSM cannot be considered in determining the appropriate compliance
period to the extent those obligations can be met consistent with the
compliance period mandated by CAA section 112. In the present case, the
compliance period of 18 months is well within the maximum 3-year
compliance period allowed by CAA section 112(i). When considering an
appropriate compliance timeframe, it is important to consider the time
it takes to safely transition to new operating procedures. If an
explosion or fire occurs due to inadequate planning and evaluation of
new procedures, the amount of toxics released to the atmosphere could
dwarf the emission reductions anticipated from the new startup and
shutdown requirements. Such an event could cause harm to refinery
personnel and unnecessarily expose the neighboring community to
releases of toxic emissions. Therefore, we believe it is reasonable to
consider other applicable regulatory compliance obligations for these
programs when establishing compliance dates for CAA section 112
requirements.
    While we understand the commenter's concerns that the regulatory
changes did not occur as quickly as they would have hoped, we cannot
ignore feasibility and compliance with health and safety requirements,
as discussed above, in determining an appropriate compliance timeframe.
The ``delay'' in establishing these requirements does not somehow make
it technically feasible to immediately comply with these new standards.
Even with the 18-month timeframe being finalized today, sources must
still begin the planning and evaluation process immediately to meet the
compliance date.
    We agree with the commenters that another statutory mechanism for
addressing compliance issues such as the ones addressed here would be
to rely on facility-specific requests pursuant to Sec.  63.6(i).
However, when a significant number of extension requests are
anticipated, we consider it reasonable and more efficient to provide
the additional compliance time within the rule. Providing the
compliance time in the rule reduces both industry and Agency burden
associated with developing and evaluating waivers on a case-by-case
basis. It also reduces the uncertainty that facilities face when a
regulatory compliance date is approaching and a request for an
extension has not yet been addressed by the Agency. Moreover, in the
current case, the compliance period established in the December 1, 2015
rule was only a few months after the publication of the rule and that
time period was generally not sufficient for a case-by-case extension
process.
    We believe that the later compliance date will have an
insignificant effect on a refinery's overall emissions. The maintenance
vent provisions apply only to vent emissions associated with taking
equipment out of service for maintenance or repair. While there may be
a number of pieces of equipment taken out of service over a given year,
many facility owners or operators already have standard procedures for
de-inventorying equipment. While these procedures may not specifically
meet the final rule requirements (for example, they may depressure to
atmosphere once the vessel is below 5 psig, but may not measure the
lower explosive limit even though it could be monitored), the general
equipment de-inventory procedures will typically limit emissions to the
atmosphere. For the startup and shutdown operating limit alternatives
for FCCU and SRU, these equipment may be shut down only once every 2 to
5 years. Therefore, we expect very few of these events to occur during
the revised compliance period so there are limited opportunities for
these emissions and limited opportunities for emissions reductions. We
note that when we finalized the FCCU requirements, we did not project
any emissions reductions associated with these requirements. This is
partly due to the limited frequency of occurrence and partly due to
uncertainties in the existing practices used by facilities to reduce
these emissions. While we developed these requirements to ensure these
sources had emission limitations that applied at all times, the
decision was not based on a quantitative estimate of the emission
reduction that would be achieved by these requirements. In general, we
believe the emissions from these emission points to be relatively small
compared to the refinery's total HAP emissions so that the emissions
reduction achieved by the new requirements would be small. Therefore,
we expect that the modification to the compliance dates in this final
rule will not significantly impact a refinery's emissions.
    Comment 3: One commenter stated that the references in the proposed
rule to the procedures for requesting compliance extensions through
Sec.  63.6(i) are problematic for state regulators and industry.
Facilities that have to install new controls or otherwise invest in
capital projects in order to comply with the new maintenance vent
requirements or alternative standards for FCCU and SRU may not have
ample time to submit such requests. Instead of requiring compliance by
August 2017, the commenter suggested that the EPA

finalize a compliance date 6 months after promulgation of the final
rule. This would allow sources an opportunity to use the provisions in
Sec.  63.6(i) as determined appropriate on a case-by-case basis by the
delegated authority. Finally, the commenter suggested that, in the
future, the EPA should promulgate standards with compliance dates at
least 120 days after promulgation and that the EPA should issue a stay
of the requirements if similar situations requiring compliance date
extensions should arise.
    Response 3: As explained in the previous response, a compliance
date of August 1, 2017, is consistent with CAA section 112(i)(3). And,
because numerous facilities will likely need additional time beyond the
current compliance date, it is reasonable to rely on that provision
instead of setting a shorter compliance period and relying on the case-
by-case extension provisions of CAA section 112 and Sec.  63.6(i).
Furthermore, for the reasons provided in the previous response, we do
not believe that a 6-month compliance period as requested by this
commenter reflects the actual time it will take for most facilities to
comply with these provisions. The request that we provide a minimum of
120 days for compliance in future rulemakings goes beyond the scope of
this rulemaking. Compliance periods for future regulations will be
addressed in the context of the relevant proposed and final rules.
    Comment 4: One commenter requested that an 18-month extension to
the compliance date be provided to allow for compliance with the
general duty requirements for maintenance vents. The commenter stated
that prior to the December 1, 2015 final amendments, designated
maintenance vents were not considered ``affected facilities,'' and,
therefore, were not subject to the general duty provisions. The
commenter argued that facilities will need to perform applicability
determinations for vents on refinery processes, update procedures,
perform training, and go through the OSHA management of change process
to assess the implications of the general duty clause on applicable
vents, and thus sources need time to do so.
    Response 4: We did not propose any change to the general duty
requirement for ``maintenance vents.'' Rather, we proposed a revision
to the compliance date for startup, shutdown, maintenance and
inspection for maintenance vents. Although we noted that the general
duty provision applies prior to the proposed revised compliance date,
we did not propose to modify the compliance obligation for meeting the
general duty requirement. Therefore, we believe that this comment goes
beyond the scope of this rulemaking. However, we note that we consider
it standard practice for any operating facility to use good air
pollution control practices regardless of the emission source and
whether or not that source is specifically regulated by the MACT
standard; thus, additional time to meet such a requirement would not be
warranted.
    Comment 5: One commenter stated that the EPA should extend the
compliance dates for the monitoring requirements for bypass lines of
miscellaneous process vents in Sec.  63.644(c). The commenter asserted
that the February 1, 2016 API/AFPM supplemental petition provides a
list of reasons why such an extension is needed and that EPA could rely
on the same justification as that for the compliance date extension
being granted for the startup, shutdown, maintenance and inspection
requirements for maintenance vents in Sec.  63.643(c). The commenter
noted that the API/AFPM petition explains that items previously
excluded from the monitoring requirements in Sec.  63.644(c), such as
high point bleeds, analyzer vents, open-ended valves or lines, and
pressure relief valves are no longer excluded under the December 2015
final rule, and, thus, would now be required to install flow indicators
or employ car-seal or lock-and-key type valves. The API/AFPM petition
also explains that since onstream analyzer vents (in situ sampling
systems) are excluded from the definition of miscellaneous process
vents through January 30, 2019, but not specifically excluded from the
bypass line monitoring provisions, some local agencies may interpret
that the bypass line provisions apply to analyzer vents and would
require analyzer vents to be in compliance during the additional period
between the February 1, 2016, effective date of the rule and January
30, 2019.
    Response 5: As part of the December 1, 2015, final rule, the EPA
removed provisions from Sec.  63.644(c) that excluded high point
bleeds, analyzer vents, open-ended valves or lines, and pressure relief
valves from the bypass line provisions in Sec.  63.644(c)(1) and (2).
Low leg drains and equipment subject to Sec.  63.648 continue to be
excluded from the bypass line provisions in Sec.  63.644(c). Because
open-ended valves or lines and pressure relief valves (devices) are
equipment subject to Sec.  63.648, they remain subject to the bypass
line exclusion. In addition, high point bleeds are open-ended valves or
lines and would also be equipment subject to Sec.  63.648, and thus,
subject to the bypass line exclusion.
    We removed analyzer vents from the list of items excluded from the
bypass line provisions because we consider analyzer vents to be
miscellaneous process vents consistent with our amendments to item (5)
in the list of exclusions from the definition of miscellaneous process
vents in Sec.  63.641. We recognize that based on the wording of item
(5), some may interpret that, prior to January 30, 2019, these analyzer
vents could be construed to be bypass lines. This is not our intent. We
consider analyzer vents to be miscellaneous process vents as they
routinely or continuously vent gases to the atmosphere. We included the
January 30, 2019, date to establish the date at which these analyzer
vents must comply with the miscellaneous process vent standards.
    It was not our intent that analyzer vents would be considered
bypass lines between the February 1, 2016, effective date of the rule
and the January 30, 2019, compliance date provided in item (5) of the
list of exclusions from the definition of miscellaneous process vents.
While we consider it unlikely that local agencies would interpret the
Refinery final amendments to require bypass line monitoring for
analyzer vents, we understand the commenter's concern. To clarify these
requirements consistent with our original intent, we are amending item
(5) in the definition of miscellaneous process vent to exclude ``In
situ sampling systems (onstream analyzers)'' until February 1, 2016.
After this date, these sampling systems will be included in the
definition of miscellaneous process vents and sampling systems
determined to be Group 1 miscellaneous process vents must comply with
the requirements in Sec. Sec.  63.643 and 63.644 no later than January
30, 2019.
    Comment 6: One commenter requested that EPA provide an 18-month
compliance period, rather than the 150 days provided, for existing
storage tanks to transition from complying with the requirements in
Sec.  63.646 to the storage vessel requirements in Sec.  63.660, which
were established in the December 2015 final rule. The storage vessel
provisions in Sec.  63.660 require that new or existing Group 1 storage
vessels comply with the requirements in subpart WW or subpart SS of 40
CFR part 63. The commenter stated that sources will need time to assess
whether their existing storage tanks meet the ``Group 1 Storage Tank''
definition finalized in Sec.  63.641 as part of the RTR rulemaking,
and, if so, to assess whether existing controls will need to

be updated to meet the subpart WW requirements contained in Sec.
63.660. Should such control upgrades be required, the commenter
asserted that additional time will be needed to design and install the
equipment, complete management of change process and provide operator
training. The commenter also stated that subpart WW imposes additional
inspection and recordkeeping requirements which will require additional
time for further operator training. A second commenter provided similar
comments, stating that inadequate time had been given to assess
applicability and upgrade tank controls (if needed) for existing Group
1 storage vessels. Finally, a comment was received stating that Table
11 appears to require compliance with Sec.  63.660 and is in conflict
with the overlap provisions in Sec.  63.640(n). The overlap provisions
in Sec.  63.640(n) allow Group 1 and 2 storage vessels to comply with
other regulations (e.g., 40 CFR part 60, subpart Kb) as a means of
demonstrating compliance with the standards in Refinery MACT 1.
Compliance with the overlap provisions is made in lieu of complying
with the storage vessel provisions in Sec.  63.660 of Refinery MACT 1.
    Response 6: While Table 11 was completely re-printed in the
proposed amendments, we did not propose to revise the compliance dates
for storage vessels or to address storage vessels in any way as part of
the proposed rule; thus, this comment is considered out of scope. We
note that this small population of tanks was specifically provided
additional time to install the required controls as specified in Sec.
63.660(d) and the commenters did not provide specific information on
why additional time is required. Section 63.6(i) provides a mechanism
to request additional time for the limited number of tanks within this
small population of tanks that may need additional time.
    With respect to the comment that subpart WW imposes additional
inspection and recordkeeping requirements, the required inspections are
infrequent (generally once a year to once every 5 or 10 years) and we
disagree that existing compliance provisions do not provide sufficient
time for owners or operators to ``upgrade,'' if necessary, their
inspection procedures.
    We agree with the commenter that Table 11 does appear to require
all storage vessels to transition to comply with Sec.  63.660 in
conflict with the overlap provisions in Sec.  63.640(n), which allow
compliance with 40 CFR part 60, subpart Kb as a means to comply with
the amended Refinery MACT 1 storage vessel requirements. Therefore, we
are revising the relevant language in Table 11 to clarify that owners
or operators of affected storage vessels must transition to comply with
the provisions in Sec.  63.660 ``. . . or, if applicable, Sec.
63.640(n) . . .'' on or before April 29, 2016.

B. Technical and Editorial Corrections

    Comment 1: One commenter questioned the revisions to Items (4)(i)
and (4)(ii) in Table 11 of 40 CFR part 63, subpart CC as they apply to
existing sources constructed or reconstructed before July 14, 1994. For
such sources, the commenter stated that these revisions appear to
retroactively impose compliance dates of August 18, 1998, for
paragraphs that were added or amended after August 18, 1998. The
commenter provided examples of the references to requirements in Sec.
63.648(j)(1) and (2) and Sec.  63.644 which should have an effective
date of February 1, 2016. The commenter further stated that Table 11 is
not all inclusive and omits many compliance dates of sections in
subpart CC, including those revised during the amendment process and
provided examples. The commenter asserted that these omissions make the
table incomplete and contribute to overall confusion, and, therefore,
requested that the table be deleted and compliance dates be
incorporated directly into the regulatory text.
    Response 1: The commenter is mistaken that Sec.  63.648(j)(1) and
(2) are new requirements. In the December 2015 final rule, EPA
incorporated requirements from 60.482-4 of 40 CFR part 60, subpart VV
(which was previously referenced in 63.648(a) of 40 CFR part 63,
subpart CC) directly into Sec.  63.648(j)(1) and (2). Section 63.644
was amended and these final revisions provide additional clarification
on the compliance date for analyzer vents, as described in Response No.
5. Therefore, Table 11 neither changed the requirement nor changed the
applicable compliance date.
    Table 11 is not intended to reflect every requirement and
compliance date. Rather, for requirements not identified in Table 11,
as in those cited by the commenter, the compliance date is the
effective date of the rule, February 1, 2016, or is specified in the
appropriate section.
    Comment 2: One commenter requested that the use of the term
``pressure relief device'' or ``device'' be used in Sec.
63.670(o)(1)(vi), similar to the edits proposed in Sec.  63.641 and
Sec.  63.670(o)(1)(ii)(B). The commenter also requested that the EPA
provide a definition of the term ``pressure relief device'' in Sec.
63.641.
    Response 2: We agree that Sec.  63.670(o)(1)(vi) should use the
term ``pressure relief device'' consistent with the edits proposed to
Sec.  63.641 and Sec.  63.670(o)(1)(ii)(B), and we are amending this
paragraph as suggested.
    The request that EPA add a definition of ``pressure relief device''
is outside the scope of the current rulemaking.
    Comment 3: One commenter requested that the proposed revision to
Sec.  63.1564(a)(1)(iv) also remove the words ``of this chapter'' for
consistency with other options referencing subpart UUU alternatives.
    Response 3: We agree with the commenter that the phrase ``of this
chapter'' should be removed. This referred to the reference to Sec.
60.102a(b)(1), which we proposed to remove and are removing in this
final rule. In reviewing this comment, we also noted that the last
sentence of the introductory paragraph in Sec.  63.1564(a)(1) refers to
``. . . the four options in paragraphs (a)(1)(i) through (vi) of this
section.'' To address this clerical error, we are also revising the
last sentence in Sec.  63.1564(a)(1) to replace the word ``four'' with
the word ``six.''

V. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders
can be found at http://www2.epa.gov/laws-regulations//laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was,
therefore, not submitted to the Office of Management and Budget (OMB)
for review.

B. Paperwork Reduction Act (PRA)

    This action does not impose any new information collection burden
under the PRA. OMB has previously approved the information collection
activities contained in the existing regulations at 40 CFR part 63,
subparts CC and UUU and has assigned OMB control numbers 2060-0340 and
2060-0554. The finalized amendments are revisions to compliance dates,
clarifications, and technical corrections that do not affect the
estimated burden of the existing rule. Therefore, we have not revised
the information collection request for the existing rule.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. In
making this determination, the impact of concern is any significant
adverse economic impact on small entities. An agency may certify that a
rule will not have a significant economic impact on a substantial
number of small entities if the rule relieves regulatory burden, has no
net burden, or otherwise has a positive economic effect on the small
entities subject to the rule. The action consists of revisions to
compliance dates, clarifications, and technical corrections which do
not change the expected economic impact analysis performed for the
existing rule. We have, therefore, concluded that this action will have
no net regulatory burden for all directly regulated small entities.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. The action imposes no enforceable duty on any state,
local, or tribal governments or the private sector.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have tribal implications as specified in
Executive Order 13175. It will not have substantial direct effect on
tribal governments, on the relationship between the federal government
and Indian tribes, or on the distribution of power and responsibilities
between the federal government and Indian tribes, as specified in
Executive Order 13175. Thus, Executive Order 13175 does not apply to
this action.

G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    This action is not subject to Executive Order 13045 because it is
not economically significant as defined in Executive Order 12866, and
because the EPA does not believe the environmental health or safety
risks addressed by this action present a disproportionate risk to
children. The final amendments serve to revise compliance dates and
make technical clarifications and corrections. We expect the additional
compliance time will have an insignificant effect on emission
reductions as many refiners already have measures in place due to state
and other federal requirements to minimize emissions during these
periods. Further, these periods are relatively infrequent and are
usually of short duration. Therefore, these amendments should not
appreciably increase risk for any populations. Further, this action
will allow more time for refiners to implement procedures to safely
start up and shut down equipment which should minimize safety risks for
all populations.

H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 because it is
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    The EPA believes that this action does not have disproportionately
high and adverse human health or environmental effects on minority
populations, low-income populations, or indigenous peoples, as
specified in Executive Order 12898 (59 FR 7629, February 16, 1994). The
finalized amendments serve to revise compliance dates and make
technical clarifications and corrections. We expect the additional
compliance time will have an insignificant effect on emission
reductions as many refiners already have measures in place due to state
and other federal requirements to minimize emissions during these
periods. Further, these periods are relatively infrequent and are
usually of short duration. Therefore, the finalized amendments should
not appreciably increase risk for any populations. Further, this action
will allow more time for refiners to implement procedures to safely
start up and shut down equipment which should minimize safety risks for
all populations.

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule
report to each House of Congress and to the Comptroller General of the
United States. This is not a ``major rule'' as defined by 5 U.S.C.
804(2).

List of Subjects

40 CFR Part 60

    Environmental protection, Administrative practice and procedures,
Air pollution control, Hazardous substances, Intergovernmental
relations, Reporting and recordkeeping requirements.

40 CFR Part 63

    Environmental protection, Administrative practice and procedures,
Air pollution control, Hazardous substances, Intergovernmental
relations, Reporting and recordkeeping requirements.

    Dated: July 1, 2016.
Gina McCarthy,
Administrator.

    For the reasons set forth in the preamble, EPA amends 40 CFR parts
60 and 63 as follows:

PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES

0
1. The authority citation for part 60 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart Ja--Standards of Performance for Petroleum Refineries for
Which Construction, Reconstruction, or Modification Commenced After
May 14, 2007

0
2. Section 60.102a is amended by revising the first sentence of
paragraph (f)(1)(i) to read as follows:

Sec.  60.102a  Emissions limitations.

* * * * *
    (f) * * *
    (1) * * *
    (i) For a sulfur recovery plant with an oxidation control system or
a reduction control system followed by incineration, the owner or
operator shall not discharge or cause the discharge of any gases
containing SO2 into the atmosphere in excess of the emission
limit calculated using Equation 1 of this section. * * *
* * * * *

PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
FOR SOURCE CATEGORIES

0
3. 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

0
4. Section 63.641 is amended by revising the definitions of ``Closed
blowdown system'', ``Force majeure event'' and paragraph (5) of the
definition ``Miscellaneous process vent'' to read as follows:

Sec.  63.641  Definitions.

* * * * *
    Closed blowdown system means a system used for depressuring process
vessels that is not open to the atmosphere and is configured of piping,
ductwork, connections, accumulators/knockout drums, and, if necessary,
flow inducing devices that transport gas or vapor from a process vessel
to a control device or back into the process.
* * * * *
    Force majeure event means a release of HAP, either directly to the
atmosphere from a pressure relief device or discharged via a flare,
that is demonstrated to the satisfaction of the Administrator to result
from an event beyond the refinery owner or operator's control, such as
natural disasters; acts of war or terrorism; loss of a utility external
to the refinery (e.g., external power curtailment), excluding power
curtailment due to an interruptible service agreement; and fire or
explosion originating at a near or adjoining facility outside of the
refinery that impacts the refinery's ability to operate.
* * * * *
    Miscellaneous process vent * * *
    (5) In situ sampling systems (onstream analyzers) until February 1,
2016. After this date, these sampling systems will be included in the
definition of miscellaneous process vents and sampling systems
determined to be Group 1 miscellaneous process vents must comply with
the requirements in Sec. Sec.  63.643 and 63.644 no later than January
30, 2019;
* * * * *

0
5. Section 63.643 is amended by revising paragraph (c) introductory
text and adding paragraph (d) to read as follows:

Sec.  63.643  Miscellaneous process vent provisions.

* * * * *
    (c) An owner or operator may designate a process vent as a
maintenance vent if the vent is only used as a result of startup,
shutdown, maintenance, or inspection of equipment where equipment is
emptied, depressurized, degassed or placed into service. The owner or
operator does not need to designate a maintenance vent as a Group 1 or
Group 2 miscellaneous process vent. The owner of operator must comply
with the applicable requirements in paragraphs (c)(1) through (3) of
this section for each maintenance vent according to the compliance
dates specified in table 11 of this subpart, unless an extension is
requested in accordance with the provisions in Sec.  63.6(i).
* * * * *
    (d) After February 1, 2016 and prior to the date of compliance with
the maintenance vent provisions in paragraph (c) of this section, the
owner or operator must comply with the requirements in Sec.  63.642(n)
for each maintenance venting event and maintain records necessary to
demonstrate compliance with the requirements in Sec.  63.642(n)
including, if appropriate, records of existing standard site procedures
used to deinventory equipment for safety purposes.

0
6. Section 63.648 is amended by revising paragraph (a) introductory
text as follows:

Sec.  63.648  Equipment leak standards.

    (a) Each owner or operator of an existing source subject to the
provisions of this subpart shall comply with the provisions of 40 CFR
part 60, subpart VV, and paragraph (b) of this section except as
provided in paragraphs (a)(1) and (2), (c) through (i), and (j)(1) and
(2) of this section. Each owner or operator of a new source subject to
the provisions of this subpart shall comply with subpart H of this part
except as provided in paragraphs (c) through (i) and (j)(1) and (2) of
this section.
* * * * *

0
7. Section 63.655 is amended by revising paragraph (h)(8) introductory
text to read as follows:

Sec.  63.655  Reporting and recordkeeping requirements.

* * * * *
    (h) * * *
    (8) For fenceline monitoring systems subject to Sec.  63.658,
within 45 calendar days after the end of each reporting period, each
owner or operator shall submit the following information to the EPA's
Compliance and Emissions Data Reporting Interface (CEDRI). (CEDRI can
be accessed through the EPA's Central Data Exchange (CDX) (https://cdx.epa.gov/). The owner or operator need not transmit these data prior
to obtaining 12 months of data.
* * * * *

0
8. Section 63.658 is amended by revising paragraph (c)(1) to read as
follows:

Sec.  63.658  Fenceline monitoring provisions.

* * * * *
    (c) * * *
    (1) As it pertains to this subpart, known sources of VOCs, as used
in Section <IP_ADDRESS> in Method 325A of appendix A of this part for siting
passive monitors, means a wastewater treatment unit, process unit, or
any emission source requiring control according to the requirements of
this subpart, including marine vessel loading operations. For marine
vessel loading operations, one passive monitor should be sited on the
shoreline adjacent to the dock.
* * * * *

0
9. Section 63.670 is amended by revising paragraphs (o)(1)(ii)(B) and
(o)(1)(vi) to read as follows:

Sec.  63.670  Requirements for flare control devices.

* * * * *
    (o) * * *
    (1) * * *
    (ii) * * *
    (B) Implementation of prevention measures listed for pressure
relief devices in Sec.  63.648(j)(5) for each pressure relief device
that can discharge to the flare.
* * * * *
    (vi) For each pressure relief device vented to the flare identified
in paragraph (o)(1)(iv) of this section, provide a detailed description
of each pressure release device, including type of relief device
(rupture disc, valve type) diameter of the relief device opening, set
pressure of the relief device and listing of the prevention measures
implemented. This information may be maintained in an electronic
database on-site and does not need to be submitted as part of the flare
management plan unless requested to do so by the Administrator.
* * * * *

0
10. The appendix to subpart CC is amended by revising table 11 to read
as follows:

Appendix to Subpart CC of Part 63--Tables

* * * * *

                                   Table 11--Compliance Dates and Requirements
----------------------------------------------------------------------------------------------------------------
                                         Then the owner or         And the owner or
If the construction/ reconstruction    operator must comply      operator must achieve   Except as provided in .
           date is . . .                    with . . .             compliance . . .                . .
----------------------------------------------------------------------------------------------------------------
(1) After June 30, 2014............  (i) Requirements for new  Upon initial startup....  Sec.   63.640(k), (l)
                                      sources in Sec.  Sec.                               and (m).
                                      63.643(a) and (b);
                                      63.644, 63.645, and
                                      63.647; 63.648(a)
                                      through (i) and (j)(1)
                                      and (2); 63.649 through
                                      63.651; and 63.654
                                      through 63.656.
                                     (ii) Requirements for     Upon initial startup or   Sec.   63.640(k), (l)
                                      new sources in Sec.       February 1, 2016,         and (m).
                                      Sec.   63.642(n),         whichever is later.
                                      63.643(c),
                                      63.648(j)(3), (6) and
                                      (7); and 63.657 through
                                      63.660.
(2) After September 4, 2007 but on   (i) Requirements for new  Upon initial startup....  Sec.   63.640(k), (l)
 or before June 30, 2014.             sources in Sec.  Sec.                               and (m).
                                      63.643(a) and (b);
                                      63.644, 63.645, and
                                      63.647; 63.648(a)
                                      through (i) and (j)(1)
                                      and (2); and 63.649
                                      through 63.651, 63.655
                                      and 63.656.
                                     (ii) Requirements for     Upon initial startup or   Sec.   63.640(k), (l)
                                      new sources in Sec.       October 28, 2009,         and (m).
                                      63.654.                   whichever is later.
                                     (iii) Requirements for    Upon initial startup,     Sec.  Sec.   63.640(k),
                                      new sources in either     but you must transition   (l) and (m) and
                                      Sec.   63.646 or Sec.     to comply with only the   63.660(d).
                                      63.660 or, if             requirements in Sec.
                                      applicable, Sec.          63.660 or, if
                                      63.640(n).                applicable, Sec.
                                                                63.640(n) on or before
                                                                April 29, 2016.
                                     (iv) Requirements for     On or before August 1,    Sec.  Sec.   63.640(k),
                                      existing sources in       2017.                     (l) and (m) and
                                      Sec.   63.643(c).                                   63.643(d).
                                     (v) Requirements for      On or before January 30,  Sec.   63.640(k), (l)
                                      existing sources in       2018.                     and (m).
                                      Sec.   63.658.
                                     (vi) Requirements for     On or before January 30,  Sec.   63.640(k), (l)
                                      existing sources in       2019.                     and (m).
                                      Sec.   63.648 (j)(3),
                                      (6) and (7) and Sec.
                                      63.657.
                                     (vii) Requirements in     Upon initial startup or
                                      Sec.   63.642 (n).        February 1, 2016,
                                                                whichever is later.
(3) After July 14, 1994 but on or    (i) Requirements for new  Upon initial startup or   Sec.   63.640(k), (l)
 before September 4, 2007.            sources in Sec.  Sec.     August 18, 1995,          and (m).
                                      63.643(a) and (b);        whichever is later.
                                      63.644, 63.645, and
                                      63.647; 63.648(a)
                                      through (i) and (j)(1)
                                      and (2); and 63.649
                                      through 63.651, 63.655
                                      and 63.656.
                                     (ii) Requirements for     On or before October 29,  Sec.   63.640(k), (l)
                                      existing sources in       2012.                     and (m).
                                      Sec.   63.654.
                                     (iii) Requirements for    Upon initial startup,     Sec.  Sec.   63.640(k),
                                      new sources in either     but you must transition   (l) and (m) and
                                      Sec.   63.646 or Sec.     to comply with only the   63.660(d).
                                      63.660 or, if             requirements in Sec.
                                      applicable, Sec.          63.660 or, if
                                      63.640(n).                applicable, Sec.
                                                                63.640(n) on or before
                                                                April 29, 2016.
                                     (iv) Requirements for     On or before August 1,    Sec.  Sec.   63.640(k),
                                      existing sources in       2017.                     (l) and (m) and
                                      Sec.   63.643(c).                                   63.643(d).
                                     (v) Requirements for      On or before January 30,  Sec.   63.640(k), (l)
                                      existing sources in       2018.                     and (m).
                                      Sec.   63.658.
                                     (vi) Requirements for     On or before January 30,  Sec.   63.640(k), (l)
                                      existing sources in       2019.                     and (m).
                                      Sec.  Sec.
                                      63.648(j)(3), (6) and
                                      (7) and 63.657.
                                     (vii) Requirements in     Upon initial startup or
                                      Sec.   63.642(n).         February 1, 2016,
                                                                whichever is later.
(4) On or before July 14, 1994.....  (i) Requirements for      (A) On or before August   (1) Sec.   63.640(k),
                                      existing sources in       18, 1998.                 (l) and (m). (2) Sec.
                                      Sec.  Sec.   63.648(a)                               63.6(c)(5) or unless
                                      through (i) and (j)(1)                              an extension has been
                                      and (2); and 63.649,                                granted by the
                                      63.655 and 63.656.                                  Administrator as
                                                                                provided in Sec.
                                                                                63.6(i).
                                     (ii) Either the           (A) On or before August   (1) Sec.   63.640(k),
                                      requirements for          18, 1998.                 (l) and (m). (2) Sec.
                                      existing sources in                                  63.6(c)(5) or unless
                                      Sec.  Sec.   63.643(a)                              an extension has been
                                      and (b); 63.644,                                    granted by the
                                      63.645, 63.647, 63.650                              Administrator as
                                      and 63.651; and item                                provided in Sec.
                                      (4)(v) of this table.                               63.6(i).
                                     OR......................
                                     The requirements in Sec.
                                       Sec.   63.652 and
                                      63.653.
                                     (iii) Requirements for    On or before August 18,   Sec.  Sec.   63.640(k),
                                      existing sources in       1998, but you must        (l) and (m) and
                                      either Sec.   63.646 or   transition to comply      63.660(d).
                                      Sec.   63.660 or, if      with only the
                                      applicable, Sec.          requirements in Sec.
                                      63.640(n).                63.660 or, if
                                                                applicable, Sec.
                                                                63.640(n) on or before
                                                                April 29, 2016.

                                     (iv) Requirements for     On or before October 29,  Sec.   63.640(k), (l)
                                      existing sources in       2012.                     and (m).
                                      Sec.   63.654.
                                     (v) Requirements for      On or before August 1,    Sec.  Sec.   63.640(k),
                                      existing sources in       2017.                     (l) and (m) and
                                      Sec.   63.643(c).                                   63.643(d).
                                     (vi) Requirements for     On or before January 30,  Sec.   63.640(k), (l)
                                      existing sources in       2018.                     and (m).
                                      Sec.   63.658.
                                     (vii) Requirements for    On or before January 30,  Sec.   63.640(k), (l)
                                      existing sources in       2019.                     and (m).
                                      Sec.  Sec.
                                      63.648(j)(3), (6) and
                                      (7) and 63.657.
                                     (viii) Requirements in    Upon initial startup or
                                      Sec.   63.642 (n).        February 1, 2016,
                                                                whichever is later.
----------------------------------------------------------------------------------------------------------------

* * * * *

Subpart UUU--National Emission Standards for Hazardous Air
Pollutants for Petroleum Refineries: Catalytic Cracking Units,
Catalytic Reforming Units, and Sulfur Recovery Units

0
11. Section 63.1563 is amended by:
0
a. Revising paragraphs (a)(1) and (2) and (b);
0
b. Redesignating paragraphs (d) and (e) as paragraphs (e) and (f),
respectively;
0
c. Adding new paragraph (d); and
0
d. Revising newly redesignated paragraph (e) introductory text.
    The revisions and additions to read as follows:

Sec.  63.1563  When do I have to comply with this subpart?

    (a) * * *
    (1) If you startup your affected source before April 11, 2002, then
you must comply with the emission limitations and work practice
standards for new and reconstructed sources in this subpart no later
than April 11, 2002 except as provided in paragraph (d) of this
section.
    (2) If you startup your affected source after April 11, 2002, you
must comply with the emission limitations and work practice standards
for new and reconstructed sources in this subpart upon startup of your
affected source except as provided in paragraph (d) of this section.
    (b) If you have an existing affected source, you must comply with
the emission limitations and work practice standards for existing
affected sources in this subpart by no later than April 11, 2005 except
as specified in paragraphs (c) and (d) of this section.
* * * * *
    (d) You must comply with the applicable requirements in Sec. Sec.
63.1564(a)(5), 63.1565(a)(5) and 63.1568(a)(4) as specified in
paragraph (d)(1) or (2) of this section, as applicable.
    (1) For sources which commenced construction or reconstruction
before June 30, 2014, you must comply with the applicable requirements
in Sec. Sec.  63.1564(a)(5), 63.1565(a)(5) and 63.1568(a)(4) on or
before August 1, 2017 unless an extension is requested and approved in
accordance with the provisions in Sec.  63.6(i). After February 1, 2016
and prior to the date of compliance with the provisions in Sec. Sec.
63.1564(a)(5), 63.1565(a)(5) and 63.1568(a)(4), you must comply with
the requirements in Sec.  63.1570(c) and (d).
    (2) For sources which commenced construction or reconstruction on
or after June 30, 2014, you must comply with the applicable
requirements in Sec. Sec.  63.1564(a)(5), 63.1565(a)(5) and
63.1568(a)(4) on or before February 1, 2016 or upon startup, whichever
is later.
    (e) If you have an area source that increases its emissions or its
potential to emit such that it becomes a major source of HAP, the
requirements in paragraphs (e)(1) and (2) of this section apply.
* * * * *

0
12. Section 63.1564 is amended by revising paragraphs (a)(1)
introductory text, (a)(1)(iv), (a)(5) introductory text and (c)(5)
introductory text to read as follows:

Sec.  63.1564  What are my requirements for metal HAP emissions from
catalytic cracking units?

    (a) * * *
    (1) Except as provided in paragraph (a)(5) of this section, meet
each emission limitation in Table 1 of this subpart that applies to
you. If your catalytic cracking unit is subject to the NSPS for PM in
Sec.  60.102 of this chapter or is subject to Sec.  60.102a(b)(1) of
this chapter, you must meet the emission limitations for NSPS units. If
your catalytic cracking unit is not subject to the NSPS for PM, you can
choose from the six options in paragraphs (a)(1)(i) through (vi) of
this section:
* * * * *
    (iv) You can elect to comply with the PM per coke burn-off emission
limit (Option 2);
* * * * *
    (5) On or before the date specified in Sec.  63.1563(d), you must
comply with one of the two options in paragraphs (a)(5)(i) and (ii) of
this section during periods of startup, shutdown and hot standby:
* * * * *
    (c) * * *
    (5) If you elect to comply with the alternative limit in paragraph
(a)(5)(ii) of this section during periods of startup, shutdown and hot
standby, demonstrate continuous compliance on or before the date
specified in Sec.  63.1563(d) by:
* * * * *

0
13. Section 63.1565 is amended by revising paragraph (a)(5)
introductory text to read as follows:

Sec.  63.1565  What are my requirements for organic HAP emissions from
catalytic cracking units?

    (a) * * *
    (5) On or before the date specified in Sec.  63.1563(d), you must
comply with one of the two options in paragraphs (a)(5)(i) and (ii) of
this section during periods of startup, shutdown and hot standby:
* * * * *

0
14. Section 63.1566 is amended by revising paragraph (a)(4) to read as
follows:

Sec.  63.1566  What are my requirements for organic HAP emissions from
catalytic reforming units?

    (a) * * *
    (4) The emission limitations in Tables 15 and 16 of this subpart do
not apply to emissions from process vents during passive depressuring
when the reactor vent pressure is 5 pounds per square inch gauge (psig)
or less or during active depressuring or purging prior to January

30, 2019, when the reactor vent pressure is 5 psig or less. On and
after January 30, 2019, the emission limitations in Tables 15 and 16 of
this subpart do apply to emissions from process vents during active
purging operations (when nitrogen or other purge gas is actively
introduced to the reactor vessel) or active depressuring (using a
vacuum pump, ejector system, or similar device) regardless of the
reactor vent pressure.
* * * * *

0
15. Section 63.1568 is amended by revising paragraph (a)(4)
introductory text to read as follows:

Sec.  63.1568  What are my requirements for organic HAP emissions from
sulfur recovery units?

    (a) * * *
    (4) On or before the date specified in Sec.  63.1563(d), you must
comply with one of the three options in paragraphs (a)(4)(i) through
(iii) of this section during periods of startup and shutdown.
* * * * *

0
16. Table 2 to subpart UUU of part 63 is amended by revising the entry
for item 1 to read as follows:

    Table 2 to Subpart UUU of Part 63--Operating Limits for Metal HAP Emissions From Catalytic Cracking Units
----------------------------------------------------------------------------------------------------------------
                                        For this type of
For each new or existing  catalytic   continuous monitoring     For this type of         You shall meet this
        cracking unit . . .               system . . .        control device . . .      operating limit . . .
----------------------------------------------------------------------------------------------------------------
1. Subject to the NSPS for PM in 40  Continuous opacity      Any...................  On and after August 1,
 CFR 60.102 and not elect Sec.        monitoring system.                              2017, maintain the 3-hour
 60.100(e).                                                                           rolling average opacity of
                                                                                emissions from your
                                                                                catalyst regenerator vent
                                                                                no higher than 20 percent.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

0
17. Table 3 to subpart UUU of part 63 is amended by revising the entry
for item 12 to read as follows:

  Table 3 to Subpart UUU of Part 63--Continuous Monitoring Systems for
            Metal HAP Emissions From Catalytic Cracking Units
------------------------------------------------------------------------
                                 If you use this
   For each new or existing      type of control     You shall install,
 catalytic cracking unit . . .   device for your   operate, and maintain
                                    vent . . .            a . . .
------------------------------------------------------------------------

                              * * * * * * *
12. Electing to comply with     Any..............  Continuous parameter
 the operating limits in Sec.                       monitoring system to
  63.1564(a)(5)(ii) during                          measure and record
 periods of startup, shutdown,                      the gas flow rate
 or hot standby.                                    exiting the catalyst
                                                    regenerator.\1\
------------------------------------------------------------------------
\1\ If applicable, you can use the alternative in Sec.   63.1573(a)(1)
  instead of a continuous parameter monitoring system for gas flow rate.

* * * * *

0
18. Table 5 to subpart UUU of part 63 is amended by revising the entry
for item 2 to read as follows:

  Table 5 to Subpart UUU of Part 63--Initial Compliance With Metal HAP
              Emission Limits for Catalytic Cracking Units
------------------------------------------------------------------------
   For each new and existing    For the following
    catalytic cracking unit      emission limit .  You have demonstrated
 catalyst regenerator vent . .         . .         initial compliance if
               .                                           . . .
------------------------------------------------------------------------

                              * * * * * * *
2. Subject to NSPS for PM in    PM emissions must  You have already
 40 CFR 60.102a(b)(1)(i); or     not exceed 1.0 g/  conducted a
 in Sec.   60.102 and electing   kg (1.0 lb PM/     performance test to
 Sec.   60.100(e) and electing   1,000 lb) of       demonstrate initial
 to meet the PM per coke burn-   coke burn-off.     compliance with the
 off limit.                                         NSPS and the
                                                    measured PM emission
                                                    rate is less than or
                                                    equal to 1.0 g/kg
                                                    (1.0 lb/1,000 lb) of
                                                    coke burn-off in the
                                                    catalyst
                                                    regenerator. As part
                                                    of the Notification
                                                    of Compliance
                                                    Status, you must
                                                    certify that your
                                                    vent meets the PM
                                                    limit. You are not
                                                    required to do
                                                    another performance
                                                    test to demonstrate
                                                    initial compliance.
                                                    As part of your
                                                    Notification of
                                                    Compliance Status,
                                                    you certify that
                                                    your BLD; CO2, O2,
                                                    or CO monitor; or
                                                    continuous opacity
                                                    monitoring system
                                                    meets the
                                                    requirements in Sec.
                                                      63.1572.

                              * * * * * * *
------------------------------------------------------------------------

[FR Doc. 2016-16451 Filed 7-12-16; 8:45 am]
BILLING CODE 6560-50-P