[Federal Register Volume 81, Number 26 (Tuesday, February 9, 2016)]
[Proposed Rules]
[Pages 6814-6824]
[FR Doc No: 2016-02306]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 60 and 63

[EPA-HQ-OAR-2010-0682; FRL-9940-66-OAR]
RIN 2016-AS83

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: This action proposes amendments to the National Emission
Standards for Hazardous Air Pollutants (NESHAP) Refinery MACT 1 and
Refinery MACT 2 regulations and the New Source Performance Standards
(NSPS) for petroleum refineries, which were published on December 1,
2015. In that action, as a result of a risk and technology review, the
Environmental Protection Agency (EPA) finalized amendments to Refinery
MACT 1 and Refinery MACT 2. In this action, the EPA is proposing to
amend the compliance date in Refinery MACT 1 for maintenance vent
standards that apply during periods of startup, shutdown, maintenance
or inspection for sources constructed or reconstructed on or before
June 30, 2014. In this action, the EPA is also proposing to revise the
compliance dates in Refinery MACT 2 for the standards 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. These proposed
revisions do not affect requirements that apply during normal
operations. Finally, the EPA is proposing technical corrections and
clarifications to the NESHAP and the NSPS for petroleum refineries.
This action will have an insignificant effect on emissions reductions
and costs.

DATES: Comments must be received on or before March 25, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2010-0682, at http://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is

restricted by statute. Multimedia submissions (audio, video, etc.) must
be accompanied by a written comment. The written comment is considered
the official comment and should include discussion of all points you
wish to make. The EPA is seeking comment only on the issues
specifically identified in this notice. The EPA will not respond to any
comments addressing other aspects of the final rules or any other
related rulemakings. The EPA will generally not consider comments or
comment contents located outside of the primary submission (i.e. on the
web, cloud, or other file sharing system). For additional submission
methods, the full EPA public comment policy, information about CBI or
multimedia submissions, and general guidance on making effective
comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
    Instructions. All submissions must include the agency name and
Docket ID No. EPA-HQ-OAR-2010-0682. The EPA's policy is that all
comments received will be included in the public docket without change,
and will be made available online at http://www.regulations.gov,
including any personal information provided, unless the comment
includes information claimed to be confidential business information
(CBI) or other information whose disclosure is restricted by statute.
Do not submit information that you consider to be CBI or otherwise
protected through http://www.regulations.gov or email. Send or deliver
information identified as CBI only to the following address: OAQPS
Document Control Officer (C404-02), Office of Air Quality Planning and
Standards, U.S. EPA, Research Triangle Park, North Carolina 27711,
Attention Docket ID No. EPA-HQ-OAR-2010-0682. Clearly mark the part or
all of the information that you claim to be CBI. For CBI information on
a disk or CD-ROM that you mail to the EPA, mark the outside of the disk
or CD-ROM as CBI and then identify electronically within the disk or
CD-ROM the specific information you claim as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, you must submit a copy of the comment that does not contain the
information claimed as CBI for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    The http://www.regulations.gov Web site is an ``anonymous access''
system, which means the EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an email comment directly to the EPA without going through http://www.regulations.gov, your email address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, the EPA recommends that you include your name and other
contact information in the body of your comment and with any disk or
CD-ROM you submit. If the EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, the EPA may not
be able to consider your comment. Electronic files should not include
special characters or any form of encryption and be free of any defects
or viruses.
    Docket. All documents in the docket are listed in the
regulations.gov index. Although listed in the index, some information
is not publicly available, e.g., 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. Publicly available docket
materials are available either electronically in http://www.regulations.gov or in hard copy at the EPA Docket Center, EPA WJC
West Building, Room 3334, 1301 Constitution Ave. NW., Washington, DC.
The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays. The telephone number for the
Public Reading Room is<PHONE_NUMBER>, and the telephone number for the
EPA Docket Center is<PHONE_NUMBER>. Visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm for additional
information about the EPA's public docket.
    Public hearing. A public hearing will be held if requested by
February 16, 2016 to accept oral comments on this proposed action. The
hearing will be held, if requested, on February 24, 2016 at the EPA's
North Carolina Campus located at 109 T.W. Alexander Drive, Research
Triangle Park, NC 27711. The hearing, if requested, will begin at 9:00
a.m. (local time) and will conclude at 1:00 p.m. (local time). To
request a hearing, to register to speak at a hearing, or to inquire if
a hearing will be held, please contact Ms. Virginia Hunt at (919) 541-
0832 or by email at<EMAIL_ADDRESS>The last day to pre-register
to speak at a hearing, if one is held, will be February 22, 2016.
Additionally, requests to speak will be taken the day of the hearing at
the hearing registration desk, although preferences on speaking times
may not be able to be fulfilled. Please note that registration requests
received before the hearing will be confirmed by the EPA via email.
    Please note that any updates made to any aspect of the hearing,
including whether or not a hearing will be held, will be posted online
at http://www3.epa.gov/airtoxics/petref.html. We ask that you contact
Ms. Virginia Hunt at<PHONE_NUMBER> or by email at
<EMAIL_ADDRESS>or monitor our Web site to determine if a hearing
will be held. The EPA does not intend to publish a notice in the
Federal Register announcing any such updates. Please go to http://www3.epa.gov/airtoxics/petref.html for more information on the public
hearing.

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, U.S. Environmental Protection
Agency, Research Triangle Park, North Carolina, 27711; telephone
number:<PHONE_NUMBER>; facsimile number:<PHONE_NUMBER>; and email
address<EMAIL_ADDRESS>For information about the applicability
of the NESHAP to a particular entity, contact Ms. Maria Malave, Office
of Enforcement and Compliance Assurance, U.S. Environmental Protection
Agency, EPA WJC South Building, 1200 Pennsylvania Ave. NW., Washington,
DC 20460; telephone number:<PHONE_NUMBER>; facsimile number: (202)564-
0050; and 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
CEMS continuous emission monitoring system
COMS continuous opacity monitoring system
CPMS continuous parameter monitoring system
EPA Environmental Protection Agency
FCCU fluid catalytic cracking unit
HAP hazardous air pollutants
LEL lower explosive limit
NESHAP National Emissions Standards for Hazardous Air Pollutants
NTTAA National Technology Transfer and Advancement Act
OAQPS Office of Air Quality Planning and Standards
OECA Office of Enforcement and Compliance Assurance

OMB Office of Management and Budget
OSHA Occupational Safety and Health Administration
PRA Paperwork Reduction Act
PSM Process Safety Management
RFA Regulatory Flexibility Act
RMP Risk Management Plan
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?
II. Background Information
III. What actions are we proposing?
    A. Compliance Dates for Standards Applicable to Maintenance
Vents, FCCU and SRU during Startup and Shutdown and during Hot
Standby for FCCU
    B. Clarifications and Technical Corrections
    C. Impacts
IV. 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

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
------------------------------------------------------------------------
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 proposal 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 proposed 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.

II. Background Information

    On December 1, 2015 (80 FR 75178), the EPA finalized amendments to
the Petroleum Refinery NESHAP in 40 CFR part 63, subparts CC and UUU,
referred to as Refinery MACT 1 and 2, respectively. The final
amendments to Refinery MACT 1 and 2 include a number of provisions
establishing emissions limitations during startup and shutdown for
emissions sources at petroleum refineries, including specific
provisions for maintenance vents, FCCU, and SRU, which are the focus of
this proposed action.
    The Refinery MACT 1 standards regulate emissions of hazardous air
pollutants (HAP) from miscellaneous process vents. Prior to the
December 2015 amendments, the definition of miscellaneous process vents
excluded episodic or non-routine releases such as those associated with
startup, shutdown, and maintenance. The December 2015 Refinery MACT 1
rule eliminates this exclusion from the definition of miscellaneous
process vent and establishes standards for these ``maintenance vents''
in 40 CFR 63.643(c). Maintenance vents are only used as a result of
startup, shutdown, maintenance or inspection of equipment when such
equipment is emptied, depressurized, degassed, or placed into service.
The rule specifies that refinery owners or operators may only release
HAP from these maintenance vents in order to open process equipment
provided that the equipment is drained and purged to a closed system
until the hydrocarbon content is less than or equal to a lower
explosive limit (LEL) of 10 percent prior to venting to the atmosphere.
As a secondary limit, if the LEL cannot be measured due to design
constraints of the equipment, the rule requires that the pressure in
the equipment be reduced to 5 pounds (lbs) per square inch gauge or
less prior to venting to the atmosphere. The rule also contains
additional limits such as a low emission threshold (less than 72 lbs/
day), and requirements for catalyst changeout activities where
hydrotreater pyrophoric catalyst must be purged.
    The Refinery MACT 2 standards regulate HAP emissions from the FCCU
by specifying carbon monoxide (CO) limits as a surrogate for organic
HAP and by specifying particulate matter (PM) limits (or nickel limits)
as a surrogate for metal HAP. In the rule, compliance with the organic
HAP emissions limit is demonstrated using a continuous CO monitor;
compliance with the metal HAP emissions limit is demonstrated either
using continuous opacity monitoring system (COMS) or continuous
parameter monitoring system (CPMS). Owners or operators of FCCU are
provided two options for demonstrating compliance with the PM limit
during periods of startup, shutdown, or hot standby in 40 CFR
63.1564(a)(5): Meeting the emission limit that applies during times
other than startup, shutdown, or hot standby, or meeting a minimum
cyclone face velocity limit. Similarly, the rule provides two options
for demonstrating compliance with the CO limit during periods of
startup and shutdown in 40 CFR 63.1565(a)(5): Meeting the emission
limit that applies during times other than startup, shutdown, or hot
standby, or meeting an excess oxygen limit in the exhaust from the
catalyst regenerator.
    The Refinery MACT 2 standards also regulate HAP emissions from SRU
vents by specifying sulfur dioxide (SO2), reduced sulfur
compound, or total reduced sulfur limits as a surrogate for SRU HAP
emissions. In the rule, compliance with the SRU HAP emissions limit is
demonstrated using a continuous emission monitoring system (CEMS) or,
when a thermal incinerator/oxidizer is used, compliance with the SRU
HAP emissions limits is demonstrated using CPMS. The rule removes
previous requirements to operate according to a site-specific startup,
shutdown, and malfunction plan and instead finalizes standards that
apply during all times, including additional standards that apply
during

startup and shutdown periods. Three compliance options were provided
for SRU owners or operators to demonstrate compliance during periods of
startup and shutdown in 40 CFR 63.1568(a)(4) including: Meeting the
emission limit that applies during times other than startup or
shutdown, sending purge gases to a flare that meets the operating
requirements contained in 40 CFR 63.670, or sending purge gases to a
thermal oxidizer or incinerator that meets specific temperature and
excess oxygen requirements.
    For owners or operators complying with any of the limits for
startup, shutdown, or hot standby for FCCU and for startup or shutdown
for SRU, the compliance date is the effective date of the rule
(February 1, 2016, 60 days after the publication date of the rule). The
compliance date for the maintenance vent provisions is also the
effective date of the rule. In the next section of this preamble, we
discuss some additional clarifications and technical corrections we are
proposing to Table 11 of subpart CC to 40 CFR part 63, which is where
the maintenance vent compliance times and other subpart CC compliance
times are delineated.
    The EPA has received new information that the compliance dates for
standards for maintenance vents and startup, shutdown, or hot standby
for FCCU and for startup or shutdown for SRU do not allow sufficient
time to install additional control equipment, if needed, and to
complete the management of change process, which includes addressing
safety concerns associated with potential operational or procedural
changes. The management of change process, which is discussed in
further detail in the next section of this preamble, includes the
following: 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, assessing
risk of chemical accidents and catastrophic events, updating associated
plans and procedures, providing training, performing pre-startup safety
reviews, and implementing the change as required by other regulatory
programs. In order to accommodate these steps, we are proposing to
amend the compliance dates for these provisions to 18 months after the
effective date of the standards (i.e., August 1, 2017). These proposed
revisions are limited to periods of maintenance, startup, and shutdown
which are expected to occur relatively infrequently as compared to
normal operations.

III. What actions are we proposing?

A. Compliance Dates for Standards Applicable to Maintenance Vents, FCCU
and SRU During Startup and Shutdown and During Hot Standby for FCCU

    The EPA has received additional information (see Docket ID No. EPA-
HQ-OAR-2010-0682) that indicates that the compliance dates for
standards for maintenance vents and periods of startup, shutdown, and
hot standby for FCCU and for startup or shutdown for SRU do not provide
facilities sufficient time to go through their management of change
process, which includes addressing safety concerns associated with
potential operational or procedural changes and coordinating any
changes with other applicable regulatory requirements. The process
equipment associated with maintenance vents, FCCU, and SRU are subject
to requirements under the Risk Management Program regulation in 40 CFR
part 68 and the Occupational Safety and Health Administration (OSHA)
Process Safety Management (PSM) standard in 29 CFR part 1910. Thus, any
operational or procedural changes resulting from complying with the
applicable standards must follow the management of change procedures in
these respective regulatory programs.
    The Risk Management Program and OSHA PSM regulations provide that
owners or operators follow a management of change process, as codified
in 40 CFR 68.75, 29 CFR 1910.119(l) and appendix C of 29 CFR 1910.119,
to ensure that the following are considered prior to making a change:
     The technical basis for the proposed change;
     Impact of change on safety and health;
     Modifications to operating procedures;
     Necessary time period for the change; and
     Authorization requirements for the proposed change.
    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 new maintenance vent requirements and
standards for FCCU and SRU. Based on our review of information brought
forward by industry representatives, refinery owners or operators may
have to adjust or install new instrumentation, including alarms, closed
drain headers, equipment blowdown drums, and other new or revised
processes and controls in order to comply with these new provisions.
Facilities may also have to hire a vendor to assist with the project
and complete the procurement process. Additionally, we anticipate that
facilities will have to assess risk of chemical accidents and
catastrophic events 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 startup of the affected process.
    Finally, facilities are required to conduct pre-startup safety
reviews and obtain authorization for use to fully implement and startup
the modified process and/or equipment.
    Therefore, to account for the applicable requirements in the Risk
Management Program regulation and OSHA PSM standard, the EPA is
proposing to require owners and operators of sources that were
constructed or reconstructed on or before June 30, 2014, to comply with
the maintenance vent provisions and limits for startup, shutdown, or
hot standby for FCCU and for startup or shutdown for SRU no later than
18 months after the effective date of the December 2015 rule. We
believe that this additional time is both appropriate and sufficient to
accomplish the necessary compliance-related tasks discussed above.
    Although not common, the possibility exists that some facilities
may have to install new controls or otherwise invest in capital
projects in order to comply with these new regulatory provisions. As
provided in the General Provisions to part 63, owners or operators of
these facilities can request an additional 12 months to comply with the
standards using the provisions in 40 CFR 63.6(i).
    Owners and operators must comply with the general duty requirements
in 40 CFR 63.642(n) for maintenance vents and 40 CFR 63.1570 for FCCU
or SRU during periods of startup, shutdown and, for FCCU only, hot
standby from the effective date of the December 2015 final rule until
they comply with the new requirements on or before the applicable
compliance dates. Records of compliance with the general duty
requirements must be maintained as specified in 40 CFR 63.643(d),
63.642(n) and 63.1570(c).

B. Clarifications and Technical Corrections

    We are proposing to make clarifying revisions to Table 11 in 40 CFR
part 63, subpart CC. We received numerous questions regarding the
compliance date for maintenance vents and some owners or operators are
interpreting Table 11 to

provide 3 years to comply with the maintenance vent provisions
established in the rule as well as with other requirements that were
not amended in the rule. This was not our intent, and we do not
interpret Table 11 to allow 3 years to comply with the provisions in 40
CFR 63.643, or 3 years to comply with any of the requirements in
subpart CC that were not amended in the December 2015 rule. However, in
reviewing Table 11, we do understand the confusion, and we are
proposing a revised version of Table 11 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 in the previous section of this preamble.
    The EPA is also proposing to make several clarifications and
technical corrections as described here and summarized in the table
below. The first sentence in Sec.  60.102a(f)(1)(i) is being changed to
incorporate the pollutant of concern, SO2, directly into the
regulatory text rather than inside a parenthesis within the sentence
for clarity. A grammatical correction is being made 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.'' The term ``relief valve'' and ``valve'' are being replaced
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. These changes are being made to improve consistency in
the use of the term ``pressure relief device'' as it pertains to the
work practice requirements in Sec.  63.648(j) and associated
provisions. The list of exceptions for equipment leak requirements in
Sec.  63.648(a) is being expanded to ensure 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. The reporting and recordkeeping requirements
related to fenceline monitoring contained in Sec.  63.655(h)(8) are
being edited 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). The siting requirements for passive monitors near
known sources of volatile organic compounds (VOC) contained in Sec.
63.658(c)(1) are being edited to clarify that a monitor should be
placed on the shoreline adjacent to the dock for marine vessel loading
operations. The phrase ``that are located offshore'' was removed
because the intent is to require a monitor on the shoreline adjacent to
the dock for marine vessel loading operations, and is not dependent on
whether the location of the marine vessel loading operation is onshore
or offshore.
    The EPA is also proposing to add language to clarify the effective
dates of two specific provisions in 40 CFR part 63, subpart UUU. First,
we are proposing to revise 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 psig or less. Although both the proposal and
the final preambles (at 79 FR 36950 and 80 FR 75185) indicated that we
intended to provide a 3-year compliance period, language in Sec.
63.1566(a)(4) did not specifically provide 3 years. This was an
inadvertent omission and in this action we are proposing to add rule
language to reflect our intent.
    Similarly, we are proposing to revise the entry for item 1 in Table
2 of 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 electing to comply with Refinery NSPS
subpart J provisions for PM. Although both the proposal and the final
preambles (at 79 FR 36950 and 80 FR 75185) indicated that we intended
to provide an 18-month compliance period for new or revised operating
limits for FCCU, the language in Table 2 of subpart UUU did not
specifically provide this 18 month compliance period. Again, this was
an inadvertent omission and in this action we are proposing to add rule
language to reflect our intent.
    Additionally, the reference to Sec.  60.102a(b)(1) in Sec.
63.1564(a)(1)(iv) is being removed as this provision should only
reference Option 2 in Table 1 (Item 7 in Table 1 of part 63, subpart
UUU), providing owners or operators with the option to comply with the
Refinery MACT 2 p.m. option when they choose not to comply with one of
the NSPS options. A typographical correction is being made 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).
Finally, an editorial correction is being made to add the word ``and''
in place of a semicolon in 40 CFR part 63, subpart UUU, Table 5, Item
2.

------------------------------------------------------------------------
               Provision                        Proposed revision
------------------------------------------------------------------------
Sec.   60.102a(f)(1)(i)................  Add the phrase ``containing
                                          SO2'' after ``. . . the
                                          discharge of any gases . . .''
                                          in the first sentence of this
                                          paragraph. Remove ``(SO2)'' in
                                          the first sentence of this
                                          paragraph.
Sec.   63.641 Closed blowdown system     Add the word ``a'' before the
 definition.                              phrase, ``. . . process vessel
                                          to a control device or back
                                          into the process.''
Sec.   63.641 Force majeure event        Change ``relief valve'' to
 definition.                              ``pressure relief device.''
Sec.   63.648(a).......................  Edit the list of exceptions to
                                          include paragraphs (j)(1) and
                                          (2) of this section.
Sec.   63.655(h)(8)....................  Remove the word ``periodic''
                                          and edit to require submittal
                                          within 45 days after the end
                                          of each reporting period.
Sec.   63.658(c)(1)....................  Delete the phrase ``that are
                                          located offshore.''
Sec.   63.670(o)(1)(ii)(B).............  Change the word ``valve'' to
                                          ``device.''
Sec.   63.1564(a)(1)(iv)...............  Remove the reference to Sec.
                                          60.102a(b)(1).
Sec.   63.1566 (a)(4)..................  Revise the paragraph to allow 3
                                          years to comply with Tables 15
                                          and 16 for active depressuring
                                          and purging, when the reactor
                                          vent pressure is 5 psig or
                                          less.
40 CFR part 63, subpart UUU, Table 2,    Add specific text to clarify
 Item 1.                                  that the 20 percent opacity
                                          operating limit becomes
                                          effective ``On and after
                                          August 1, 2017. . . .''
40 CFR part 63, subpart UUU, Table 3,    Correct the citation to Sec.
 Item 12.                                 63.1564(a)(5)(ii).
40 CFR part 63, subpart UUU, Table 5,    Replace the second semicolon
 Item 2.                                  with the word ``and.''
------------------------------------------------------------------------

C. Impacts

    We expect the additional compliance time will have an insignificant
effect on emission reductions and costs, 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 (some only occur on a 5-year cycle) and are
usually of short duration.

IV. 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 under the provisions of the Paperwork Reduction
Act, 44 U.S.C. 3501 et seq. and has assigned OMB control numbers 2060-
0340 and 2060-0554. The proposed 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 proposed 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 proposed 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 the human health or environmental risk addressed
by this action will not have potential disproportionately high and
adverse human health or environmental effects on minority, low-income,
or indigenous populations. The proposed 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 proposed 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.

List of Subjects

40 CFR Part 60

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

40 CFR Part 63

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

    Dated: January 29, 2016.
Gina McCarthy,
Administrator.

    For the reasons stated in the preamble, title 40, chapter I, of the
Code

of Federal Regulations is proposed to be amended 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'' and ``Force majeure event'' 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.
* * * * *
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 paragraph (o)(1)(ii)(B) 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.
* * * * *
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     Upon initial startup...  Sec.   63.640(k), (l)
                                        new sources in Sec.                               and (m).
                                        Sec.   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 or  (i) Requirements for     Upon initial startup...  Sec.   63.640(k), (l)
 before June 30, 2014.                  new sources in Sec.                               and (m).
                                        Sec.   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             (l) and (m) and
                                        Sec.   63.646 or Sec.    transition to comply     63.660(d).
                                         63.660.                 with only the
                                                                 requirements in Sec.
                                                                 63.660 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     Sec.   63.640(k), (l)
                                        existing sources in      30, 2018.                and (m).
                                        Sec.   63.658.
                                       (vi) Requirements for    On or before January     Sec.   63.640(k), (l)
                                        existing sources in      30, 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     Upon initial startup or  Sec.   63.640(k), (l)
 before September 4, 2007.              new sources in Sec.      August 18, 1995,         and (m).
                                        Sec.   63.643(a) and     whichever is later.
                                        (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    On or before October     Sec.   63.640(k), (l)
                                        existing sources in      29, 2012.                and (m).
                                        Sec.   63.654.
                                       (iii) Requirements for   Upon initial startup,    Sec.  Sec.   63.640(k),
                                        new sources in either    but you must             (l) and (m) and
                                        Sec.   63.646 or Sec.    transition to comply     63.660(d).
                                         63.660.                 with only the
                                                                 requirements in Sec.
                                                                 63.660 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     Sec.   63.640(k), (l)
                                        existing sources in      30, 2018.                and (m).
                                        Sec.   63.658.
                                       (vi) Requirements for    On or before January     Sec.   63.640(k), (l)
                                        existing sources in      30, 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).
                                        Sec.  Sec.   63.648(a)                           (2) Sec.   63.6(c)(5)
                                        through (i) and (j)(1)                            or unless an extension
                                        and (2); and 63.649,                              has been granted by
                                        63.655 and 63.656.                                the 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).
                                        existing sources in                              (2) Sec.   63.6(c)(5)
                                        Sec.  Sec.   63.643(a)                            or unless an extension
                                        and (b); 63.644,                                  has been granted by
                                        63.645, 63.647, 63.650                            the 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     transition to comply     63.660(d).
                                        or Sec.   63.660.        with only the
                                                                 requirements in Sec.
                                                                 63.660 on or before
                                                                 April 29, 2016.

                                       (iv) Requirements for    On or before October     Sec.   63.640(k), (l)
                                        existing sources in      29, 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     Sec.   63.640(k), (l)
                                        existing sources in      30, 2018.                and (m).
                                        Sec.   63.658.
                                       (vii) Requirements for   On or before January     Sec.   63.640(k), (l)
                                        existing sources in      30, 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 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), 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)(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) * * *
    (iv) You can elect to comply with the PM per coke burn-off emission
limit of this chapter (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-
 60.100(e).                                                                               hour 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 type
  For each new or existing      of control device    You shall install,
 catalytic cracking unit . .   for your vent . . .      operate, and
              .                                       maintain a . . .
------------------------------------------------------------------------

                              * * * * * * *
12. Electing to comply with   Any.................  Continuous parameter
 the operating limits in                             monitoring system
 Sec.   63.1564(a)(5)(ii)                            to measure and
 during periods of startup,                          record the gas flow
 shutdown, or hot standby.                           rate 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
   catalytic cracking unit      For the following         You have
 catalyst regenerator vent .  emission limit . . .  demonstrated 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/kg   conducted a
 in Sec.   60.102 and          (1.0 lb PM/1,000      performance test to
 electing Sec.   60.100(e)     lb) of coke burn-     demonstrate initial
 and electing to meet the PM   off.                  compliance with the
 per coke burn-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. 2016-02306 Filed 2-8-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: February 10, 2006 (Volume 71, Number 28)]
[Notices]
[Page 7023]
[DOCID:fr10fe06-48]

-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP06-200-000]

Entrega Gas Pipeline, LLC; Notice of Tariff Filing

February 3, 2006.
    Take notice that on January 31, 2006, Entrega Gas Pipeline, LLC
(Entrega) tendered for filing as part its FERC Gas Tariff, Original
Volume No. 1, the following tariff sheets, to be effective February 1,
2006:

Original Sheet No. 22;
Original Sheet No. 23;
Sheet Nos. 24-29.

    Entrega states that the tendered tariff sheets propose to revise
Entrega's Tariff to reflect a negotiated-rate contract.
    Entrega stated that a copy of this filing has been served upon all
parties to this proceeding, Entrega's customers, the Colorado Public
Utilities Commission and the Wyoming Public Service Commission.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 and 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed in accordance with the provisions of
Sec.  154.210 of the Commission's regulations (18 CFR 154.210). Anyone
filing an intervention or protest must serve a copy of that document on
the Applicant. Anyone filing an intervention or protest on or before
the intervention or protest date need not serve motions to intervene or
protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov.
 Persons unable to file electronically should submit an

original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
[FR Doc. E6-1866 Filed 2-9-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 18 (Friday, January 27, 2023)]
[Notices]
[Pages 5413-5415]
[FR Doc No: 2023-01690]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2021-0067; Notice 1]

Ricon Corporation, Receipt of Petition for Decision of
Inconsequential Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Receipt of petition.

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SUMMARY: Ricon Corporation (Ricon) has determined that certain Ricon
Baylift Series wheelchair lifts (Baylifts) do not fully comply with
Federal Motor Vehicle Safety Standard (FMVSS) No. 403, Platform Lift
Systems for Motor Vehicles. Ricon filed an original noncompliance
report dated July 30, 2021, and subsequently petitioned NHTSA on August
26, 2021, for a decision that the subject noncompliances are
inconsequential as they relate to motor vehicle safety. This notice
announces receipt of Ricon's petition.

DATES: Send comments on or before February 27, 2023.

ADDRESSES: Interested persons are invited to submit written data,
views, and arguments on this petition. Comments must refer to the
docket and notice number cited in the title of this notice and
submitted by any of the following methods:
     Mail: Send comments by mail addressed to the U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC
20590.
     Hand Delivery: Deliver comments by hand to the U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC
20590. The Docket Section is open on weekdays from 10 a.m. to 5 p.m.
except for Federal holidays.
     Electronically: Submit comments electronically by logging
onto the Federal Docket Management System (FDMS) website at https://www.regulations.gov/. Follow the online instructions for submitting
comments.
     Comments may also be faxed to<PHONE_NUMBER>.
    Comments must be written in the English language and be no greater
than 15 pages in length, although there is no limit to the length of
necessary attachments to the comments. If comments are submitted in
hard copy form, please ensure that two copies are provided. If you wish
to receive confirmation that comments you have submitted by mail were
received, please enclose a stamped, self-addressed postcard with the
comments. Note that all comments received will be posted without change
to https://www.regulations.gov, including any personal information
provided.
    All comments and supporting materials received before the close of
business on the closing date indicated above will be filed in the
docket and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the fullest extent possible.
    When the petition is granted or denied, notice of the decision will
also be published in the Federal Register pursuant to the authority
indicated at the end of this notice.
    All comments, background documentation, and supporting materials
submitted to the docket may be viewed by anyone at the address and
times given above. The documents may also be viewed on the internet at
https://www.regulations.gov by following the online instructions for
accessing the docket. The docket ID number for this petition is shown
in the heading of this notice.
    DOT's complete Privacy Act Statement is available for review in a
Federal Register notice published on April 11, 2000 (65 FR 19477-78).

FOR FURTHER INFORMATION CONTACT: Ahmad Barnes, Safety Compliance
Engineer, NHTSA, Office of Vehicle Safety Compliance,<PHONE_NUMBER>,
[email protected].

SUPPLEMENTARY INFORMATION:

I. Overview

    Ricon has determined that certain Ricon Baylift Series wheelchair
lifts do not fully comply with the requirements of paragraphs S6.4.2,
S<IP_ADDRESS>, S<IP_ADDRESS>, and S6.7.4 of FMVSS No. 403, Platform Lift Systems
for Motor Vehicles (49 CFR 571.403). Ricon filed a noncompliance report
dated July 30, 2021, pursuant to 49 CFR part 573, Defect and
Noncompliance Responsibility and Reports. Ricon subsequently petitioned
NHTSA on August 26, 2021, for an exemption from the notification and
remedy requirements of 49 U.S.C. Chapter 301 on the basis that the
noncompliances are inconsequential as they relate to motor vehicle
safety, pursuant to 49 U.S.C. 30118(d) and 30120(h) and 49 CFR part
556, Exemption for Inconsequential Defect or Noncompliance.
    This notice of receipt of Ricon's petition is published under 49
U.S.C. 30118 and 30120 and does not represent any Agency decision or
other exercise of judgment concerning the merits of the petition.

II. Equipment Involved

    Approximately 1,877 Ricon Baylift Series wheelchair lifts,
manufactured between April 1, 2005, and April 22, 2020, are potentially
involved.

III. Noncompliances

    Ricon explains that the subject lifts have four noncompliances
related to both the design of the platform and the performance of the
lifts. The first noncompliance is that the lift platform does not meet
the unobstructed platform minimum operating volume at one particular
location on the platform as required by paragraph S<IP_ADDRESS> of FMVSS No.
403. Specifically, at the location of the lift platform counterbalance
gas springs, the slight protrusion of the gas springs, and the gas
spring mounting hardware reduces the platform clear width to
approximately 755.7 mm (29.75 inches) between the gas springs and 746.3
mm (29.38 inches) at the specific location of the gas spring mounting
hardware. A minimum operating volume of 30 inches width at 2 inches
above the platform surface. The platform meets the volume requirements
in all other locations.
     The gap between the edge of the outer platform and the
fully deployed outer barrier is marginally larger (approximately 2.38
mm (0.094 inches)) than the clearance test block specified in S7.1.3
and may allow the test block to pass through the gap when the long axis
is held perpendicular to the

platform reference plane as required in S<IP_ADDRESS>.
     The inner roll stop interlock may not sense the presence
of the wheelchair test device in certain limited locations when tested
to the provisions of S7.6.3. When the lift platform is at vehicle floor
height with the inner barrier in the fully down (non-deployed) position
and a wheelchair test device is placed in certain locations on the
inner barrier with 1 or 2 front wheels on the inner roll stop, the
inner roll stop may begin to deploy even though there is a wheelchair
present.
     The wheelchair lift control does not conform to the
simultaneous activation requirements of FMVSS 403 section S6.7.4 for
the DEPLOY and DOWN command functions.

IV. Rule Requirements

    The following paragraphs of FMVSS No. 403 include the requirements
relevant to this petition.
     S6.4.2: Unobstructed platform operating volume. S<IP_ADDRESS>
Public use lifts. For public use lifts, the minimum platform operating
volume is the sum of an upper part and a lower part. The lower part is
a rectangular solid whose base is 725 mm (28.5 in) wide by the length
of the platform surface, whose height is 50 mm (2 in), and which is
resting on the platform surface with each side of the base parallel
with the nearest side of the platform surface. The width is
perpendicular to the lift reference plane and the length is parallel to
the lift reference plane. The upper part is a rectangular solid whose
base is 760 mm (30 in) by 1,220 mm (48 in) long, whose height is 711 mm
(28 in), and whose base is tangent to the top surface of the lower
rectangular solid. The centroids of both the upper and lower parts
coincide with the vertical centroidal axis of the platform reference
plane.
     S<IP_ADDRESS>: When the inner roll stop or any outer barrier is
deployed, any gap between the inner roll stop and lift platform and any
gap between the outer barrier and lift platform must prevent passage of
the clearance test block specified in S7.1.3 when its long axis is held
perpendicular to the platform reference plane.
     S<IP_ADDRESS>: Vertical deployment of the inner roll is stop
required to comply with S6.4.8 when it is occupied by portions of a
passenger's body or mobility aid throughout the lift operations. When
the platform stops, the vertical change in distance of the horizontal
plane (passing through the point of contact between the wheelchair test
device wheel(s) and the upper surface of the inner roll stop or
platform edge) must not be greater than 13 mm (0.5 in). Verification of
compliance with this requirement is made using the test procedure
specified in S7.6.1.
     S6.7.4: Except for the POWER function described in
S<IP_ADDRESS>, the control system specified in S6.7.2 must prevent the
simultaneous performance of more than one function. If an initial
function is actuated, then one or more other functions are actuated
while the initial function remains actuated, the platform must either
continue in the direction dictated by the initial function or stop.
Verification of this requirement is made throughout the lift operations
specified in S7.9.3 through S7.9.8.

V. Summary of Ricon's Petition

    The following views and arguments presented in this section, ``V.
Summary of Ricon's Petition,'' are the views and arguments provided by
Ricon. They have not been evaluated by the Agency and do not reflect
the views of the Agency. Ricon describes the four subject
noncompliances and contends that the noncompliances are inconsequential
as they relate to motor vehicle safety, ``whether considered
individually or as a whole.''
    Ricon submits the following arguments for each of the
noncompliances:

A. Unobstructed Platform Operating Volume

    Ricon states that although the width at 2 inches above the platform
surface measures 0.62 inches less than the required width, this
condition ``does not pose a safety risk or deny access to mobility
users.'' Ricon argues, the intent of this requirement ``is to create a
consistent platform size to ensure most users with mobility devices are
able to access the platform and the vehicle'' and cites 67 FR 79416
(December 27, 2002). Ricon also states that the Baylifts were not
designed for use in public transit buses but to be installed in
``specialized over the road buses such as motorcoaches that are used
for tour operations.''
    According to Ricon, there ``is little to no risk that a user would
be precluded from accessing the motorcoach'' via the subject lifts can
accommodate ``a standard adult-sized manual powered wheelchair'' as
defined in the Americans with Disabilities Act. Further, Ricon found
that 3 out of 45 powered wheelchairs and 1 of 14 scooters sold by
``major mobility device manufacturers'' were 30 or more inches wide.\1\
Ricon also says that in NHTSA's final rule for FMVSS Nos. 403 and
404,\2\ it ``recognized and accepted that not all mobility devices
could necessarily be accommodated through the platform volume
provision.'' Ricon stated its belief that ``the minor deviations in the
platform volume width at the extreme upper part of the platform would
have no impact on the ability of a user with a standard wheelchair''
and ``limited, if any effect on powered mobility device users.''
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    \1\ Ricon submitted details of these findings in its petition
which can be viewed in full at https://www.regulations.gov/document/NHTSA-2021-0067-0001.
    \2\ See Federal Motor Vehicle Safety Standards; Platform Lift
Systems for Accessible Motor Vehicles, Platform Lift Installations
on Motor Vehicles; 67 FR 79415 (December 27, 2002).
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B. Outer Barrier Gap

    Ricon says that although the gap measures 2.38 mm (0.094 inch) more
than the requirements allows, ``the deviation is extremely slight'' and
does not pose a safety risk. Ricon provided photos in its petition \3\
to demonstrate that ``the size of the gap with the exceedance is so
small that it does not create an open space or a void between the
testing block and the metal edge of the gap.'' Ricon also says that
because the ``standard size of a walking cane tip'' and the size of
drive and caster wheels found on wheelchairs, are bigger than the gap,
occupants using mobility devices would not be impacted. Additionally,
Ricon says that the orientation in which these devices should be used
would provide ``no opportunity for the wheel or base to slip into the
gap even in the unlikely scenario that a device had an extremely small
base installed.'' Ricon argues that occupants ``are typically aided by
trained personnel during entry and exit of the platform,'' which it
believes would further reduce the possibility of any safety risks
associate with this noncompliance.
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    \3\ https://www.regulations.gov/document/NHTSA-2021-0067-0001.
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C. Inner Roll Stop Interlock

    Ricon states that although the subject lifts may not meet the inner
roll stop interlock requirement, the conditions given by the test
procedure ``are inconsistent with the manner in which the platform is
loaded and unloaded in normal and real world operating conditions.''
Ricon believes that this noncompliance is not consequential to safety
because the operating procedures provided with the subject lifts state
that the ``user mobility device should be loaded with the rear wheels
of the wheelchair first,'' therefore, ``the rear wheels would be sensed
by the inner roll stop lock and the interlock would

be activated.'' Ricon also notes that ``in normal operating
conditions'' the wheelchair user would be assisted by ``trained
personnel during entry and exit of the platform,'' so ``in the unlikely
event'' the wheelchair user is misoriented, the trained operator would
step in to assist.

D. Control Pendant

    Ricon then addresses the noncompliance concerning the control
pendant and states that ``due to the geometry of the pendant and
buttons'' it is highly unlikely to simultaneously activate the UP and
DOWN buttons or the STOW and DEPLOY buttons. Ricon says that due to the
buttons being spaced approximately 1.25 inches ``between centers across
the top surface of the pendant device,'' Ricon argues that it would be
difficult for an operator to ``wrap their hand around the back of the
pendant or contort their hand across the top of the pendant to across
the top of the pendant'' making it difficult and unlikely for the
operator to activate multiple buttons simultaneously. Furthermore,
Ricon says that ``the pendants use four individual push style buttons
that utilize a momentary switch to cause the lift to move up/down or
stow/deploy'' and ``a separate button must be pressed downwards for
each function.'' Overall, Ricon argues the function will not be
activated merely by making contact with the button surface; force must
be deliberately applied to the button to engage it.
    In the event that the up/down or stow/deploy buttons were to be
activated simultaneously, Ricon explains that ``because of the
momentary switch design, the lift can only be activated for as long as
the operator holds down the button,'' therefore, ``[a]s soon as the two
buttons are released, the lift immediately stops movement.''
Additionally, according to Ricon, if the operator were to continue to
simultaneously press the UP and DOWN ``the lift would change direction
from the intended downwards movement and instead begin a normal upwards
motion'' at a speed that falls within the maximum platform velocity, as
required by paragraph S.6.2.1 of FMVSS No. 403. Ricon also states all
occupants ``must be secured in the platform by a safety belt which is a
redundant safety feature.''
    Ricon then goes on to explain that the STOW and DEPLOY can only be
activated simultaneously ``when the lift is located in the stowed
position and is being commanded to deploy.'' Ricon states that if these
buttons were to be pressed at the same time, it would not impact safety
``because the lift would be unoccupied'' in the stowed position.
    According to Ricon, NHTSA has previously granted petitions
regarding noncompliances that are similar to the subject noncompliance.
Ricon cites one petition from The Braun Corporation ``where the lift
handrails did not meet the values for deflection force.'' \4\ Ricon
explains that although ``the handrails collapsed when exposed to forces
above the threshold requirement, the handrails did not collapse or fail
catastrophically,'' and summarizes that NHTSA's concern in
``instituting the deflection force requirement was the possibility of a
catastrophic failure of the handrails which would expose the occupant
to a risk of injury.'' Therefore, Ricon says, NHTSA ``recognized'' that
the noncompliance in that case was not a safety concern that was
intended to be addressed by handrail requirements.
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    \4\ See ``The Braun Corporation, Grant of Petition for Decision
of Inconsequential Noncompliance;'' 72 FR 19754 (April 19, 2007).
---------------------------------------------------------------------------

    Ricon says that, like the noncompliance found in the Braun
Corporation's petition, ``there is little to no risk of harm or
injury'' caused by the subject noncompliances. Ricon then reiterates
that it ``[t]he slight design deviations in the unobstructed platform
operating volume and the gap between the outer platform and fully
deployed outer barrier do not present any risks to user safety, nor
have these issues denied access to the vehicle for any mobility device
users'' and ``under normal operating conditions, the inner roll stop
interlock performs as required and not present any risk to the
occupant.''
    Ricon says that they are not aware of any users being denied access
due to the noncompliance. Ricon says if they were to remedy the
noncompliance, it would require them to completely redesign the lifts.
Ricon concludes its petition by stating that the subject noncompliances
are inconsequential as they relate to motor vehicle safety and that its
petition to be exempted from providing notification of the
noncompliance, as required by 49 U.S.C. 30118, and a remedy for the
noncompliance, as required by 49 U.S.C. 30120, should be granted.
    NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to file petitions for a
determination of inconsequentiality allow NHTSA to exempt manufacturers
only from the duties found in sections 30118 and 30120, respectively,
to notify owners, purchasers, and dealers of a defect or noncompliance
and to remedy the defect or noncompliance. Therefore, any decision on
this petition only applies to the subject lifts that Ricon no longer
controlled at the time it determined that the noncompliances existed.
However, any decision on this petition does not relieve equipment
distributors and dealers of the prohibitions on the sale, offer for
sale, or introduction or delivery for introduction into interstate
commerce of the noncompliant lifts under their control after Ricon
notified them that the subject noncompliances existed.

(Authority: 49 U.S.C. 30118, 30120: delegations of authority at 49
CFR 1.95 and 501.8.)

Otto G. Matheke III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2023-01690 Filed 1-26-23; 8:45 am]
BILLING CODE 4910-59-P