[Federal Register Volume 62, Number 35 (Friday, February 21, 1997)]
[Rules and Regulations]
[Pages 7937-7939]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-4326]


      

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63
[AD-FRL-5690-9]
RIN 2060-AD94


National Emission Standards for Hazardous Air Pollutants: 
Petroleum Refineries

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: This action expands and clarifies definitions in the 
``National Emission Standards for Hazardous Air Pollutants: Petroleum 
Refineries,'' which was issued as a final rule on August 18, 1995.

DATES: The direct final rule will be effective April 22, 1997 unless 
significant, adverse comments are received by March 24, 1997. If 
significant, adverse comments are timely received EPA will publish 
timely notice in the Federal Register withdrawing the final rule.

FOR FURTHER INFORMATION CONTACT: Mr. James Durham, Waste and Chemical 
Processes Group, Emission Standards Division (MD-13), U.S. 
Environmental Protection Agency, Research Triangle Park, North Carolina 
27711, telephone number (919) 541-5672.

SUPPLEMENTARY INFORMATION: If significant adverse comments are timely 
received on this direct final rule, all such comments will be addressed 
in a subsequent final rule based on the proposed rule contained in the 
Proposed Rules Section of this Federal Register that is identical to 
this direct final rule. The Direct Final Rule will be withdrawn. If no 
significant adverse comments are timely filed on any provision of this 
direct final rule then the entire direct final rule will become 
effective 60 days from today's Federal Register notice and no further 
action is contemplated on the parallel proposal published today.
    On August 18, 1995 (60 FR 43243), EPA promulgated in the Federal 
Register national emission standards for hazardous air pollutants 
(NESHAP) for petroleum refineries. These regulations were promulgated 
as subpart CC of 40 CFR part 63. This document contains additions to 
definitions which will clarify the applicability of control 
requirements and provide flexibility for the regulated population.

I. Description of Changes

A. Addition of Annual Average True Vapor Pressure Cut-Off to Definition 
of a Group 1 Storage Vessel

    On July 15, 1994 (59 FR 36130) the EPA proposed national emission 
standards for hazardous air pollutants for petroleum refineries. In the 
proposed rule, a Group 1 storage vessel was defined as a vessel with a 
maximum true vapor pressure above a specified number.
    Comments received regarding this definition stated that the storage 
tank vapor pressure information provided by refineries, on which the 
true vapor pressure limit for Group 1 storage vessels at existing 
sources was based, was most likely reflective of annual average, as 
opposed to maximum true vapor pressures. The EPA agreed with the 
commenters and increased the maximum true vapor pressure applicability 
cut-off for storage vessels at an existing source from 8.3 to 10.4 
kilopascals to account for the difference between annual average and 
maximum true vapor pressure. This change was made in the final rule (60 
FR 43243).
    Additional comments were received after the rule was promulgated 
stating that a true vapor pressure cut-off based on an annual average 
temperature would provide flexibility to refiners. Having determined 
that true vapor pressure cut-offs of 8.3 and 10.4 kilopascals based on 
annual average and maximum monthly temperature, respectively, provide 
equivalent emission control, EPA has decided to provide both annual 
average and maximum true vapor pressure applicability cut-offs for 
existing storage tanks. Refineries may use either cut-off to determine 
if an existing storage vessel is subject to the control requirements of 
the rule. This amendment does not change the stringency of the 
requirement, or the estimated cost effectiveness of this regulation.
    Adding an annual average true vapor pressure applicability cut-off 
to the Group 1 storage vessel definition necessitates adding a 
definition for annual average true vapor pressure. A definition for 
annual average true vapor pressure is included in this direct final 
rule.

B. Clarification of the Group 1 Storage Vessel HAP Content 
Applicability Cut-Off

    In the promulgated Petroleum Refineries NESHAP, the Group 1 storage

[[Page 7938]]

vessel definition does not indicate whether the HAP concentration 
applicability cut-off refers to the maximum or annual average HAP 
concentration. By this direct final rule, EPA clarifies that the HAP 
concentration Group 1 applicability cut-off for both new and existing 
storage vessels refers to the annual average HAP concentration. HAP 
concentrations in stored liquids were determined based on information 
solicited from refineries for use in development of the Petroleum 
Refineries NESHAP. It is most likely that HAP content information used 
to determine the HAP concentration cut-offs was provided on an annual 
basis.

II. Judicial Review

    Under section 307(b)(1) of the Clean Air Act (CAA), judicial review 
of the actions taken by this final rule is available only on the filing 
of a petition for review in the U.S. Court of Appeals for the District 
of Columbia Circuit within 60 days of today's publication of this 
action. Under section 307(b)(2) of the CAA, the requirements that are 
subject to today's notice may not be challenged later in civil or 
criminal proceedings brought by EPA to enforce these requirements.

III. Administrative Requirements

A. Paperwork Reduction Act

    The information collection requirements of the previously 
promulgated NESHAP were submitted to and approved by the Office of 
Management and Budget (OMB). A copy of this Information Collection 
Request (ICR) document (OMB Control Number 2060-0340) may be obtained 
from the Information Policy Branch (PY-223Y); U.S. Environmental 
Protection Agency; 401 M Street, SW; Washington, DC 20460 or by calling 
(202) 260-2740.
    Today's changes to the NESHAP have no impact on the information 
collection burden estimates made previously. The changes consist of new 
and revised definitions which clarify applicability of control 
requirements in the NESHAP. No additional information collection is 
being required. Consequently, the ICR has not been revised.

B. Executive Order 12866 Review

    Under Executive Order 12866 [58 FR 51735, (October 4, 1993)], the 
Agency must determine whether the regulatory action is ``significant'' 
and therefore subject to OMB review and the requirements of the 
Executive Order. The Order defines a ``significant regulatory action'' 
as one that is likely to result in a rule that may:
    1. Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local or tribal governments or communities;
    2. Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    3. Materially alter the budgetary impact of entitlements, grants, 
user fees, or land programs or the rights and obligations of recipients 
thereof; or
    4. Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    Because today's action clarifies existing control requirements and 
does not add any additional control, monitoring, recordkeeping, or 
reporting requirements, this rule was classified ``non-significant'' 
under Executive Order 12866 and, therefore was not reviewed by the 
Office of Management and Budget.

C. Regulatory Flexibility Act

    EPA has determined that it is not necessary to prepare a regulatory 
flexibility analysis in connection with this final rule. EPA has also 
determined that this rule will not have a significant economic impact 
on a substantial number of small entities. This direct final rule would 
not have a significant impact on a substantial number of small entities 
because it simply clarifies the applicability of control requirements 
in the Petroleum Refineries NESHAP, does not alter control, monitoring, 
recordkeeping, or reporting requirements, and does not include any 
provisions that create a burden for any of the regulated entities.

D. Unfunded Mandates Reform Act

    Under the unfunded mandates reform act, EPA must prepare a 
statement to accompany any rule where the estimated costs to State, 
local, or Tribal governments, or to the private sector, will be $100 
million or more per year. At the time of promulgation, EPA determined 
that the petroleum refineries NESHAP does not include a Federal mandate 
that may result in estimated costs of $100 million or more to either 
State, local, or tribal governments in the aggregate or to the private 
sector. This determination is not altered by today's action, the 
purpose of which is to add clarity and flexibility to existing 
requirements. Consequently, an unfunded mandates statement has not been 
prepared.

E. Submission to Congress

    Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report 
containing this rule and other required information to the U.S. Senate, 
the U.S. House of Representatives, and the Comptroller General of the 
General Accounting Office prior to publication of the rule in today's 
Federal Register. This rule is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

List of Subjects in 40 CFR Part 63

    Environmental protection, Air pollution control, Hazardous air 
pollutants, Petroleum refineries, Reporting and recordkeeping 
requirements, Storage vessels.

    Dated: February 11, 1997.
Mary D. Nichols,
Assistant Administrator for Air and Radiation.
    For the reasons set out in the preamble, part 63 of title 40, 
chapter I, of the Code of Federal Regulations is amended as follows:

PART 63--[AMENDED]

    1. The authority citation for part 63 continues to read as follows:

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

Subpart CC--National Emission Standards for Hazardous Air 
Pollutants: Petroleum Refineries

    2. Section 63.641 is amended by adding, in alphabetical order, a 
definition for ``annual average true vapor pressure'' and revising the 
definition for ``Group 1 storage vessel'' to read as follows:


Sec. 63.641  Definitions.

* * * * *
    Annual average true vapor pressure means the equilibrium partial 
pressure exerted by the stored liquid at the temperature equal to the 
annual average of the liquid storage temperature for liquids stored 
above or below the ambient temperature or at the local annual average 
temperature reported by the National Weather Service for liquids stored 
at the ambient temperature, as determined:
    (1) In accordance with methods specified in Sec. 63.111 of subpart 
G of this part;
    (2) From standard reference texts; or
    (3) By any other method approved by the Administrator.
* * * * *
    Group 1 storage vessel means a storage vessel at an existing source 
that has a design capacity greater than or

[[Page 7939]]

equal to 177 cubic meters and stored-liquid maximum true vapor pressure 
greater than or equal to 10.4 kilopascals and stored-liquid annual 
average true vapor pressure greater than or equal to 8.3 kilopascals 
and annual average HAP liquid concentration greater than 4 percent by 
weight total organic HAP; a storage vessel at a new source that has a 
design storage capacity greater than or equal to 151 cubic meters and 
stored-liquid maximum true vapor pressure greater than or equal to 3.4 
kilopascals and annual average HAP liquid concentration greater than 2 
percent by weight total organic HAP; or a storage vessel at a new 
source that has a design storage capacity greater than or equal to 76 
cubic meters and less than 151 cubic meters and stored-liquid maximum 
true vapor pressure greater than or equal to 77 kilopascals and annual 
average HAP liquid concentration greater than 2 percent by weight total 
organic HAP.
* * * * *
    3. Section 63.646 is amended by revising paragraph (b)(2) to read 
as follows:


Sec. 63.646  Storage vessel provisions.

* * * * *
    (b) * * *
    (2) When an owner or operator and the Administrator do not agree on 
whether the annual average weight percent organic HAP in the stored 
liquid is above or below 4 percent for a storage vessel at an existing 
source or above or below 2 percent for a storage vessel at a new 
source, Method 18 of 40 CFR part 60, appendix A shall be used.
* * * * *
[FR Doc. 97-4326 Filed 2-20-97; 8:45 am]
BILLING CODE 6560-50-P