[Federal Register Volume 63, Number 159 (Tuesday, August 18, 1998)]
[Rules and Regulations]
[Pages 44135-44143]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-22093]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[AD-FRL-6145-5]
RIN 2060-AI00


National Emission Standards for Hazardous Air Pollutants: 
Petroleum Refineries

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule amendments.

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

SUMMARY: This action revises monitoring, recordkeeping, and reporting 
requirements of the ``National Emission Standards for Hazardous Air 
Pollutants: Petroleum Refineries'' which was issued as a final rule 
August 18, 1995. This rule is commonly known as the Petroleum 
Refineries NESHAP.

EFFECTIVE DATE: August 18, 1998.

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

SUPPLEMENTARY INFORMATION: On August 18, 1995, the EPA promulgated the 
``National Emission Standards for Hazardous Air Pollutants: Petroleum 
Refineries'' (the ``Petroleum Refineries NESHAP''). The NESHAP 
regulates hazardous air pollutants (HAP) emitted from new and existing 
refineries that are major sources of HAP emissions. The regulated 
category and entities affected by this action include:

------------------------------------------------------------------------
                                                Examples of regulated   
                 Category                             entities          
------------------------------------------------------------------------
Industry..................................  Petroleum Refineries        
                                             (Standard Industrial       
                                             Classification Code 2911)  
------------------------------------------------------------------------

This table is not intended to be exhaustive but, rather, provides a 
guide for readers regarding entities likely to be interested in the 
revisions to the regulation affected by this action. To determine 
whether your facility is regulated by this action, you should carefully 
examine all of the applicability criteria in 40 CFR 63.640. If you have 
questions regarding the applicability of this action to a particular 
entity, consult

[[Page 44136]]

the appropriate person listed in the preceding FOR FURTHER INFORMATION 
CONTACT section.

I. Background

    On August 18, 1995 (60 FR 43243), EPA promulgated in the Federal 
Register national emission standards for hazardous air pollutants 
(NESHAP) for petroleum refineries. These regulations were promulgated 
as subpart CC of 40 CFR part 63. As stated in the preamble to the 
promulgated rule, EPA pledged to continue working with industry to 
reduce the recordkeeping and reporting burden associated with the 
Petroleum Refineries NESHAP while maintaining enforceability. The 
petroleum refining industry submitted suggestions for revisions to 
monitoring, recordkeeping, and reporting requirements. The EPA reviewed 
these suggestions and determined those to be included in a proposed 
rule (63 FR 13587-13589) and a direct final rule (63 FR 13533-13541) 
published on March 20, 1998. Adverse comments were received regarding 
the direct final rule which was subsequently withdrawn on May 18, 1998 
(63 FR 27212). This action addresses comments on the proposed rule and 
promulgates revisions to the Petroleum Refineries NESHAP.

II. Summary of Comments on the Proposed Rule Amendments and Changes 
from the Proposed Amendments

    Comments on the proposed revisions to the rule (63 FR 13587) were 
received from four commenters (see Docket No. A-93-48). Commenters 
included representatives of the petroleum refining industry, the 
chemical manufacturing industry and environmental groups. The majority 
of commenters expressed support for the proposed revisions. One 
commenter expressed opposition to revisions that remove existing 
requirements for refineries to report data and other information to 
EPA. The commenter contended that removal of such requirements would 
make it impossible for citizens to gain access to this information and 
assist EPA in ensuring compliance. EPA agrees; this kind of assistance 
from citizens is an important component of enforcing the Clean Air Act 
against excess pollution.
    The revisions included in the proposed rule are therefore not in 
today's action. Specifically, the revisions not in today's action 
include: removal of the requirement to report actions that are 
consistent with a startup, shutdown, and malfunction plan; removal of 
the requirement to report when a continuous monitoring system 
experiences a routine or otherwise predictable failure and is repaired 
immediately; removal of the requirement to include identification of 
Group 2 process vents and storage vessels in the initial Notification 
of Compliance Status report; and removal of requirements to report raw 
data and calculations for external floating roof storage vessels when 
seal gap requirements are not met. All other revisions included in the 
proposed rule, for which no adverse comments were received, are 
included in today's action.
    Today's action also includes corrections to equations in the 
miscellaneous process vent provisions of the rule and corrections to 
typographical errors in references to Subpart Y National Emission 
Standards for Marine Tank Vessel Loading Operations.

III. Revisions to Rule

    The revisions described in this section are being made to the final 
rule. These changes are consistent with the proposal (63 FR 13587). The 
EPA received no adverse comments relevant to the revisions described in 
this section.

A. Startup, Shutdown and Malfunction Plans (SSMP) for Wastewater

    As requirements for wastewater stream management units, the 
Petroleum Refineries NESHAP references the Benzene Waste Operation 
NESHAP, which does not contain a requirement for a startup, shutdown 
and malfunction plan (SSMP). The Petroleum Refineries NESHAP also 
references the general provisions requirement for a refinery SSMP. 
Revisions included in today's action clarify that a SSMP is optional 
for wastewater operations. The EPA did not intend to add additional 
requirements for wastewater beyond the Benzene NESHAP. However, owners 
and operators may wish to prepare a SSMP because it may reduce 
reporting when malfunctions occur. If there is a SSMP and it is 
followed in periods of startup, shutdown and malfunction, the incident 
is not required to be reported.
    Today's action includes a revision that will allow owners and 
operators with wastewater stream management units that are subject to 
both subpart CC and subpart G to comply with only subpart G. Subpart G 
requires a SSMP for wastewater stream management units. Today's action 
does not alter the requirement for a SSMP to be prepared for wastewater 
stream management units complying with subpart G.

B. Overlap of Subpart FF and Subpart G for Wastewater Stream Management 
Units

    Currently, when a wastewater stream management unit receives 
streams subject to 40 CFR part 63, subpart CC (Petroleum Refineries 
NESHAP) and 40 CFR part 63, subpart G (the HON), the equipment is to be 
in compliance with the provisions of Sec. 63.133 through Sec. 63.137 of 
the HON, the requirements of Sec. 63.143 and Sec. 63.148 of the HON for 
monitoring, inspections, recordkeeping and reporting and all of the 
requirements of 40 CFR part 61, subpart FF National Emission Standards 
for Benzene Waste Operations except for Sec. 61.355 and Sec. 61.357, 
which include reporting and recordkeeping requirements.
    The EPA recognizes that there is significant overlap between 
subparts FF and G. This issue was recently reviewed in revising parts 
of subpart G. It was determined that it is not possible to require only 
compliance with subpart FF as subpart FF was developed to control 
benzene emissions and compliance with subpart FF would not guarantee 
control of other HAPs. The selected alternative is to allow owners and 
operators the option to comply only with the requirements of subpart G. 
Requirements of subpart G were developed to control all HAP emissions 
and are as stringent as, if not more stringent than requirements of 
subpart FF. By today's action, the same approach is adopted for 
petroleum refineries. Today's action gives owners and operators of 
wastewater stream management units subject to the Petroleum Refineries 
NESHAP and subpart G the option to comply with only the requirements of 
subpart G.

C. Notification Requirements for Failure to Follow SSMP

    Currently, refineries are required to report an action taken that 
is inconsistent with the startup, shutdown and malfunction plan (SSMP) 
to the Administrator within 2 days of commencing the action and within 
7 days of completing the action. In addition to this requirement, 
refineries are to revise the SSMP if it is found to not address or 
inadequately address a startup, shutdown or malfunction. The revised 
SSMP is to be completed within 45 days of the event. The EPA has 
determined that it is not necessary for refineries to notify the 
Administrator of actions that are inconsistent with the SSMP within 2 
days of commencing the action and within 7 days of completing the 
action for the Administrator to be able to evaluate the SSMP and 
request

[[Page 44137]]

revisions if needed. Today's action deletes the requirement to notify 
the Administrator within 2 days of commencing an action that is 
inconsistent with the SSMP and within 7 days of completing that action 
and replaces it with a requirement to report actions taken that are 
inconsistent with the SSMP in the next periodic report.

D. Clarification of Requirements for Installation and Calibration of 
Continuous Monitoring Systems (CMS)

    According to the current Petroleum Refineries NESHAP, a continuous 
monitoring system (CMS) is to be installed and calibrated according to 
the manufacturer's specifications. Industry representatives have 
provided and EPA agrees that it is not always possible or desirable to 
install or calibrate equipment in exact accordance with the 
manufacturer's specifications. Minor adjustments must be made for most 
applications. Additionally, it may not be necessary to adhere to all 
the specifications provided by the manufacturer to ensure correct 
installation or calibration. By today's action, the directions for 
installing and calibrating CMS will be expanded to allow for procedures 
to be followed other than those specified by the manufacturer.

E. Requirement to Record the Signature of Owner or Operator When 
Equipment Leak Repairs Are Delayed

    Under the promulgated petroleum refineries NESHAP, when an 
equipment leak is detected and it is determined that the leak cannot be 
repaired within 15 days, the facility is to record that the repair was 
delayed, the reason for the delay and the signature of the owner or 
operator (or designate) whose decision it was that the repair could not 
be affected without a process unit shutdown. By today's action, the 
requirement to record the signature of the owner or operator is revised 
to require the name of the person making the decision to be recorded. 
This revision will make the requirement compatible with electronic 
recordkeeping systems while maintaining the ability of the requirement 
to establish accountability.

F. Exemption of Secondary Seal From Requirements During Primary Seal 
Gap Measurements

    The petroleum refineries NESHAP references a provision of the HON 
that allows secondary seals on external floating roof storage vessels 
to be exempt from seal gap requirements while the seal is temporarily 
pulled back during primary seal gap measurements. Subpart Kb of 40 CFR 
part 60 does not include such a provision. Today's action extends the 
provision exempting secondary seals from seal gap requirements during 
primary seal gap measurements to storage vessels subject to the 
Petroleum Refineries NESHAP that are to comply with subpart Kb. The EPA 
has determined the provision provides a necessary clarification that 
was not considered in development of subpart Kb. Today's action does 
not alter the stringency of control requirements of subpart Kb.

G. Documentation of Compliance

    The Petroleum Refineries NESHAP requires that documentation of 
having achieved compliance be submitted in the Notification of 
Compliance Status (NCS) report, due within 150 days of the compliance 
date. A potential source of confusion is the lack of specific 
instructions regarding the NCS and gasoline loading racks. Refineries 
with co-located gasoline loading racks that are subject to the 
Petroleum Refineries NESHAP (subpart CC) are generally required by 
subpart CC to comply with the requirements of the Gasoline Distribution 
MACT. The Gasoline Distribution MACT references notification 
requirements of the General Provisions. It is not clear when the 
notification is required for gasoline loading racks at petroleum 
refineries. By today's action, it is clarified that any notifications 
of compliance status required by the Gasoline Distribution MACT for 
gasoline loading racks co-located at refineries is to be submitted 
within 150 days of the Petroleum Refinery NESHAP compliance date.

H. Revision of Notification of Compliance Status (NCS) Report 
Requirement for New Group 1 Emission Point

    In the promulgated Petroleum Refineries NESHAP, facilities are 
required to provide a NCS report for a new Group 1 emission point 
within 150 days of the change or addition of that point. By today's 
action, the reporting requirements are amended to allow the NCS report 
to be provided in the periodic report for the reporting period in which 
the Group 1 emission point is added. Today's action will reduce the 
burden of reporting through consolidating reports.
    Periodic reports are due semiannually, within 60 days of the end of 
each 6-month reporting period. Through this amendment, it will be 
possible for a NCS report to be submitted more than 150 days after the 
addition of a Group 1 emission point. At most, if a change or addition 
is made at the beginning of a reporting period, the NCS may not be 
provided for eight months, approximately three months more than if the 
requirement to provide the report within 150 days was retained 
unchanged. Alternately, this revision may require an owner or operator 
to submit an NCS in less than 150 days. If an addition or change is 
made at the end of a reporting period, the NCS must be submitted with 
the next periodic report no more than 60 days after the end of the 
reporting period. This amendment does not change the amount of time in 
which a Group 1 emission point must be in compliance with the standards 
of the Petroleum Refineries NESHAP.

I. Semiannual Reporting of Inspection Results

    For storage vessels complying with the reporting requirements of 
the Petroleum Refineries NESHAP, if a failure is detected during an 
inspection, it is required to be reported in the next periodic report. 
For storage vessels complying with subpart Kb or subpart Ka, if a 
failure is detected during an inspection, a report is to be provided to 
the Administrator within 30 days or 60 days, respectively. By today's 
action, when a failure is detected during an inspection of a storage 
vessel subject to the Petroleum Refineries NESHAP that is to comply 
with subpart Kb or subpart Ka, the failure is to be reported in the 
next periodic report. This revision provides consistency for reporting 
requirements between storage vessels that are to comply with the NESHAP 
and storage vessels that are to comply with subpart Kb and subpart Ka, 
without altering the control requirements of subparts Kb or Ka.

J. Extensions for EFR Seal Gap Measurements

    As discussed previously, storage vessels subject to the Petroleum 
Refineries NESHAP and a new source performance standard (40 CFR part 
60, subpart K, Ka or Kb) are only required to comply with one of the 
standards. Procedures are specified for external floating roof storage 
vessels that must comply with the refinery MACT to allow seal gap 
measurements to be delayed if it is determined that it is unsafe to 
perform the measurement. Provisions allow the gap measurements to be 
delayed for 30 days while the unsafe conditions are corrected. If the 
unsafe conditions cannot be corrected within that time period, the 
vessel is to be emptied within 45 days of the determination that the 
roof is unsafe. The owner or operator may use up to two extensions of 
30 days each to empty

[[Page 44138]]

the tank. There are no such provisions in subparts Ka or Kb.
    Today's action extends the provision to allow seal gap measurements 
to be delayed due to unsafe conditions to storage vessels subject to 
the Petroleum Refineries NESHAP that are to comply with subparts Ka and 
Kb. The EPA has determined that the extension provision provides 
necessary guidance for owners and operators in circumstances that were 
not considered in the development of subparts Ka and Kb. Today's action 
does not alter the stringency of control requirements of subparts Ka or 
Kb.

K. Extensions for Storage Vessel Repairs

    In the Petroleum Refineries NESHAP, when an internal floating roof 
is discovered to not meet the requirements of the standard, it must be 
repaired or the associated storage vessel taken out of service and 
emptied within 45 days. If a storage vessel cannot be emptied or 
repaired within 45 days, the owner or operator may use up to two 
extensions of 30 days each. If an extension is utilized, the owner or 
operator must, in the next periodic report, identify the vessel, 
provide a description of the failure, document that alternate storage 
capacity is unavailable, and specify a schedule of actions that will 
ensure that the control equipment will be repaired or the vessel will 
be emptied as soon as possible. Subpart Kb does not include provisions 
to be followed in the event that a failure is detected during an 
inspection of a storage vessel control device and the storage vessel 
cannot be repaired or emptied within 45 days.
    Today's action extends the provision to allow for delays in 
repairing or emptying a storage vessel found to be out of compliance to 
storage vessels subject to the Petroleum Refineries NESHAP that are to 
comply with subpart Kb. The EPA has determined that the provision 
provides necessary guidance for owners and operators in circumstances 
that were not considered in the development of subpart Kb. Today's 
action does not alter the stringency of control requirements of subpart 
Kb.

L. Definition of Gasoline

    In the current Petroleum Refineries NESHAP, no definition is 
provided for gasoline although gasoline loading racks at affected 
facilities are subject to subpart CC. By today's action, a definition 
for gasoline is added to the definitions in subpart CC. The definition 
is taken from 40 CFR part 60, subpart XX Standards of Performance for 
Bulk Gasoline Terminals.

M. Report of Determination of Applicability for Flexible Operation 
Units and for Distillation Columns and Storage Vessels for Which Use 
Varies

    The Petroleum Refineries NESHAP requires a report of the 
determination of the applicability of subpart CC to process units 
designed and operated as flexible operation units, and storage vessels 
and distillation units for which use varies from year to year. For 
existing units, this report is to be submitted no later than 18 months 
prior to the compliance date. With the exception of reports required 
for emission points included in emissions averaging, no other reports 
are required prior to the compliance date. By today's action, the 
requirement is revised to allow applicability determinations for 
flexible operation units and distillation columns and storage vessels 
for which use varies to be reported in the initial Notification of 
Compliance Status report. This revision provides consistency between 
reporting requirements and reduces burden by consolidating reports. 
This revision does not alter the date by which existing units must be 
in compliance with the Petroleum Refineries NESHAP.

N. Compliance of Agitators With Equipment Leaks Provisions

    Currently, owners and operators of refineries can comply with the 
equipment leaks provisions of the NESHAP by complying with the 
equipment leaks provisions of subpart H. Some of the referenced 
provisions of subpart H refer to agitators in heavy liquid service. As 
stated on page 8-3 of the background information document for the final 
rule (EPA-453/R-95-015b), the provisions of the Petroleum Refineries 
NESHAP are not intended to apply to agitators. It is possible that, due 
to the references to agitators in subpart H, subpart CC could be 
interpreted as applying to agitators. Today's action revises the 
Petroleum Refineries NESHAP to specifically state that owners and 
operators of facilities subject to subpart CC are not required to 
comply with subpart H for agitators in heavy liquid service.

O. Overlap of Subparts XX and R for Gasoline Loading Racks

    The current Petroleum Refineries NESHAP requires gasoline loading 
racks located at refineries to be in compliance with the control 
requirements of 40 CFR part 63, subpart R National Emission Standards 
for Gasoline Distribution Facilities. New gasoline loading racks are 
also subject to 40 CFR part 60, subpart XX, the New Source Performance 
Standard (NSPS) for bulk gasoline terminals. It is currently possible 
for a gasoline loading rack at a petroleum refinery to be subject to 
both subparts R and XX. Today's action revises the Petroleum Refineries 
NESHAP to require petroleum refineries with gasoline loading racks 
subject to both subparts R and XX to comply with the control 
requirements of subpart R. This revision does not alter the stringency 
of the rule as the control requirements of subpart R are more stringent 
than the control requirements of subpart XX.

P. Corrections to Miscellaneous Process Vent Equations

    Following promulgation of the Petroleum Refineries NESHAP, two 
errors were discovered in two equations to be used to calculate 
kilograms per day of volatile organic compounds (VOC) in miscellaneous 
process vent streams. If used as currently presented, the equations 
will cause facilities to underestimate kilograms per day of VOC by a 
factor of 24 or 1,000. Today's action corrects these equations. These 
corrections do not alter the monitoring, recordkeeping, or reporting 
requirements or control requirements of the rule as originally 
intended.

Q. Revision of Notification of Compliance Status Report Requirement for 
Existing Group 1 Storage Vessels Brought Into Compliance After August 
18, 1998

    The Petroleum Refineries NESHAP allows floating roof storage 
vessels to be brought into compliance up to 10 years after August 18, 
1998, the compliance date for other emission points. A Notification of 
Compliance Status (NCS) report is required to be submitted when these 
vessels are brought into compliance. Currently, it is not clear when 
the NCS report is to be submitted.
    Today's revision will require a NCS report to be submitted for 
storage vessels brought into compliance after August 18, 1998 with the 
periodic report for the reporting period in which the vessel was 
brought into compliance. The report will include a list of Group 1 
storage vessels and either the actual or anticipated date of compliance 
for each vessel.
    This revision provides needed clarification and allows for the 
consolidation of reports.

IV. Reduction in Burden

    The revisions included in today's action are expected to reduce the 
annual recordkeeping and reporting burden associated with this NESHAP 
by 50

[[Page 44139]]

technical hours per refinery and 8,250 technical hours nationwide.

V. Judicial Review

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

VI. Administrative

A. Paperwork Reduction Act

    The information collection requirements of the previously 
promulgated Petroleum Refineries NESHAP rule were submitted to and 
approved by the Office of Management and Budget (OMB) under the 
Paperwork Reduction Act, 44 U.S.C. 3501 et seq. A copy of this 
Information Collection Request (ICR) document (OMB Control Number 2060-
0340) may be obtained from the Information Policy Branch (PY-223Y); 
U.S. Environmental Protection Agency; 401 M Street, SW; Washington, DC 
20460 or by calling (202) 260-2740. The information collection request 
is currently in the reinstatement process.
    The information collection request has been revised to reflect the 
revisions to monitoring, recordkeeping and reporting requirements made 
by today's action. The collection of information has an estimated 
annual reporting and recordkeeping burden averaging 3,000 hours per 
respondent. This estimate includes time for reviewing instructions; 
developing, acquiring, installing, and utilizing technology and systems 
for the purposes of collecting, validating, and verifying information, 
processing and maintaining information, and disclosing and providing 
information; adjusting existing ways to comply with any previously 
applicable instructions and requirements; completing and reviewing the 
collection of information; and transmitting or otherwise disclosing the 
information.
    The burden estimate reflects an annual reduction of 8,250 technical 
hours, as compared to the estimate at promulgation, resulting from the 
revisions made by today's action.

B. Executive Order 12866 Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993) the 
Agency must determine whether the regulatory action is ``significant'' 
and therefore subject to OMB review and the requirements of the 
Executive Order. The Order defines a ``significant regulatory action'' 
as one that is likely to result in a rule that may:
    1. Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local or tribal governments or communities;
    2. Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    3. Materially alter the budgetary impact of entitlements, grants, 
user fees, or land programs or the rights and obligations of recipients 
thereof; of
    4. Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    Because today's action decreases the burden of the Petroleum 
Refineries NESHAP without altering the stringency, applicability, or 
schedule of the NESHAP or other rules, this rule was classified ``non-
significant'' under Executive Order 12866 and, therefore was not 
reviewed by the Office of Management and Budget.

C. Regulatory Flexibility

    The EPA has determined that it is not necessary to prepare a 
regulatory flexibility analysis in connection with this final rule. The 
EPA has also determined that this rule will not have a significant 
negative economic impact on a substantial number of small entities. 
This final rule will not have a significant negative impact on a 
substantial number of small entities because it revises monitoring, 
recordkeeping, and reporting requirements and reduces the associated 
burden for all affected facilities, including small entities.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Pub. 
L. 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures to State, local, and tribal governments, in 
the aggregate, or to the private sector, of $100 million or more in any 
one year. Before promulgating an EPA rule for which a written statement 
is needed, section 205 of the UMRA generally requires EPA to identify 
and consider a reasonable number of regulatory alternatives and adopt 
the least costly, most cost-effective or least burdensome alternative 
that achieves the objectives of the rule. The provisions of section 205 
do not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows EPA to adopt an alternative other than the least 
costly, most cost-effective, or least burdensome alternative if the 
Administrator publishes with the final rule an explanation why that 
alternative was not adopted. Before EPA establishes any regulatory 
requirements that may significantly or uniquely affect small 
governments, including tribal governments, it must have developed under 
section 203 of the UMRA a small government agency plan. The plan must 
provide for notifying potentially affected small governments, enabling 
officials of affected small governments to have meaningful and timely 
input in the development of EPA regulatory proposals with significant 
Federal intergovernmental mandates, and informing, educating, and 
advising small governments on compliance with the regulatory 
requirements.
    At the time of promulgation, EPA determined that the Petroleum 
Refineries NESHAP does not include a Federal mandate that may result in 
estimated costs of $100 million or more to either State, local, or 
tribal governments in the aggregate or to the private sector. This 
determination is not altered by today's action, the purpose of which is 
to reduce the burden associated with monitoring, recordkeeping, and 
reporting requirements. Thus, today's rule is not subject to the 
requirements of sections 202 and 205 of the UMRA.

E. Executive Order 12875

    To reduce the burden of Federal regulations on States and small 
governments, the President issued Executive Order 12875 entitled 
``Enhancing the Intergovernmental Partnership'' on October 26, 1993. 
Executive Order 12875 prohibits EPA, to the extent feasible and 
permitted by law, from promulgating any regulation that is not required 
by statute and that creates a mandate upon a State, local or tribal 
government unless: (i) the Federal Government provides the funds 
necessary to pay the direct costs incurred by the State, local or 
tribal government in complying with the mandate; or (ii) EPA provides 
to the Office of Management and Budget a description of the extent of 
EPA's prior

[[Page 44140]]

consultation with representatives of affected State, local and tribal 
governments, the nature of those entities concerns, any written 
communications submitted to EPA by such units of government and EPA's 
position supporting the need to issue the regulation. Executive Order 
12875 further requires EPA to develop an effective process to permit 
elected officials and other representatives of State, local and tribal 
governments ``to provide meaningful and timely input in the development 
of regulatory proposals containing significant unfunded mandates.'' 
This rule does not create a mandate upon State, local or tribal 
governments.

F. Applicability of Executive Order 13045

    Executive Order 13045 applies to any rule that EPA determines (1) 
``economically significant'' as defined under Executive Order 12866, 
and (2) the environmental health or safety risk addressed by the rule 
has a disproportionate effect on children. If the regulatory action 
meets both criteria, EPA must evaluate the environmental health or 
safety effects of the planned rule on children and explain why the 
planned regulation is preferable to other potentially effective and 
reasonably feasible alternatives considered by EPA.
    This final rule is not subject to E.O. 13045, entitled ``Protection 
of Children from Environmental Health Risks and Safety Risks'' (62 FR 
19885, April 23, 1997), because it is not an economically significant 
regulatory action as defined by Executive Order 12866, and it does not 
address an environmental health or safety risk that would have a 
disproportionate effect on children.

G. Submission to Congress

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing this rule and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. This rule is not a 
``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 63

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

    Dated: August 11, 1998.
Carol M. Browner,
Administrator.

    For reasons set out in the preamble, part 63 of title 40, chapter 
I, of the Code of Federal Regulations is amended as follows:

PART 63--[AMENDED]

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

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

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

    2. Amend Sec. 63.640 by revising paragraphs (k)(2)(vii), (n)(1), 
(n)(3), and (n)(6); by adding paragraphs (n)(8) and (n)(9); and by 
revising paragraph (o)(2) and adding paragraph (r) to read as follows:


Sec. 63.640  Applicability and designation of affected source.

* * * * *
    (k) * * *
    (2) * * *
    (vii) Reports and notifications required by Secs. 63.565 and 63.567 
of subpart Y of this part. These requirements are summarized in table 5 
of this subpart.
* * * * *
    (n) * * *
    (1) After the compliance dates specified in paragraph (h) of this 
section, a Group 1 or Group 2 storage vessel that is part of an 
existing source and is also subject to the provisions of 40 CFR part 
60, subpart Kb, is required to comply only with the requirements of 40 
CFR part 60, subpart Kb, except as provided in paragraph (n)(8) of this 
section.
* * * * *
    (3) After the compliance dates specified in paragraph (h) of this 
section, a Group 2 storage vessel that is part of a new source and is 
subject to the control requirements in Sec. 60.112b of 40 CFR part 60, 
subpart Kb is required to comply only with 40 CFR part 60, subpart Kb 
except as provided in paragraph (n)(8) of this section.
* * * * *
    (6) After compliance dates specified in paragraph (h) of this 
section, a Group 2 storage vessel that is subject to the control 
requirements of 40 CFR part 60, subparts K or Ka is required to comply 
only with the provisions of 40 CFR part 60, subparts K or Ka except as 
provided for in paragraph (n)(9) of this section.
* * * * *
    (8) Storage vessels described by paragraphs (n)(1) and (n)(3) of 
this section are to comply with 40 CFR part 60, subpart Kb except as 
provided for in paragraphs (n)(8)(i) through (n)(8)(vi) of this 
section.
    (i) Storage vessels that are to comply with Sec. 60.112b(a)(2) of 
subpart Kb are exempt from the secondary seal requirements of 
Sec. 60.112b(a)(2)(i)(B) during the gap measurements for the primary 
seal required by Sec. 60.113b(b) of subpart Kb.
    (ii) If the owner or operator determines that it is unsafe to 
perform the seal gap measurements required in Sec. 60.113b(b) of 
subpart Kb or to inspect the vessel to determine compliance with 
Sec. 60.113b(a) of subpart Kb because the roof appears to be 
structurally unsound and poses an imminent danger to inspecting 
personnel, the owner or operator shall comply with the requirements in 
either Sec. 63.120(b)(7)(i) or Sec. 63.120(b)(7)(ii) of subpart G.
    (iii) If a failure is detected during the inspections required by 
Sec. 60.113b(a)(2) or during the seal gap measurements required by 
Sec. 60.113b(b)(1), and the vessel cannot be repaired within 45 days 
and the vessel cannot be emptied within 45 days, the owner or operator 
may utilize up to two extensions of up to 30 additional calendar days 
each. The owner or operator is not required to provide a request for 
the extension to the Administrator.
    (iv) If an extension is utilized in accordance with paragraph 
(n)(8)(iii) of this section, the owner or operator shall, in the next 
periodic report, identify the vessel, provide the information listed in 
Sec. 60.113b(a)(2) or Sec. 60.113b(b)(4)(iii), and describe the nature 
and date of the repair made or provide the date the storage vessel was 
emptied.
    (v) Owners and operators of storage vessels complying with subpart 
Kb of part 60 may submit the inspection reports required by 
Secs. 60.115b(a)(3), (a)(4), and (b)(4) of subpart Kb as part of the 
periodic reports required by this subpart, rather than within the 30-
day period specified in Secs. 60.115b(a)(3), (a)(4), and (b)(4) of 
subpart Kb.
    (vi) The reports of rim seal inspections specified in 
Sec. 60.115b(b)(2) are not required if none of the measured gaps or 
calculated gap areas exceed the limitations specified in 
Sec. 60.113b(b)(4). Documentation of the inspections shall be recorded 
as specified in Sec. 60.115b(b)(3).
    (9) Storage vessels described by paragraph (n)(6) of this section 
that are

[[Page 44141]]

to comply with 40 CFR part 60, subpart Ka, are to comply with only 
subpart Ka except as provided for in paragraphs (n)(9)(i) through 
(n)(9)(iv) of this section.
    (i) If the owner or operator determines that it is unsafe to 
perform the seal gap measurements required in Sec. 60.113a(a)(1) of 
subpart Ka because the floating roof appears to be structurally unsound 
and poses an imminent danger to inspecting personnel, the owner or 
operator shall comply with the requirements in either 
Sec. 63.120(b)(7)(i) or Sec. 63.120(b)(7)(ii) of subpart G.
    (ii) If a failure is detected during the seal gap measurements 
required by Sec. 60.113a(a)(1) of subpart Ka, and the vessel cannot be 
repaired within 45 days and the vessel cannot be emptied within 45 
days, the owner or operator may utilize up to 2 extensions of up to 30 
additional calendar days each.
    (iii) If an extension is utilized in accordance with paragraph 
(n)(9)(ii) of this section, the owner or operator shall, in the next 
periodic report, identify the vessel, describe the nature and date of 
the repair made or provide the date the storage vessel was emptied. The 
owner or operator shall also provide documentation of the decision to 
utilize an extension including a description of the failure, 
documentation that alternate storage capacity is unavailable, and a 
schedule of actions that will ensure that the control equipment will be 
repaired or the vessel emptied as soon as possible.
    (iv) Owners and operators of storage vessels complying with subpart 
Ka of part 60 may submit the inspection reports required by 
Sec. 60.113a(a)(1)(i)(E) of subpart Ka as part of the periodic reports 
required by this subpart, rather than within the 60-day period 
specified in Sec. 60.113a(a)(1)(i)(E) of subpart Ka.
    (o) * * *
    (2) After the compliance dates specified in paragraph (h) of this 
section a Group 1 or Group 2 wastewater stream that is conveyed, 
stored, or treated in a wastewater stream management unit that also 
receives streams subject to the provisions of Secs. 63.133 through 
63.147 of subpart G wastewater provisions of this part shall comply as 
specified in paragraph (o)(2)(i) or (o)(2)(ii) of this section. 
Compliance with the provisions of paragraph (o)(2) of this section 
shall constitute compliance with the requirements of this subpart for 
that wastewater stream.
    (i) Comply with paragraphs (o)(2)(i)(A) through (o)(2)(i)(C) of 
this section.
    (A) The provisions in Secs. 63.133 through 63.140 of subpart G for 
all equipment used in the storage and conveyance of the Group 1 or 
Group 2 wastewater stream.
    (B) The provisions in both 40 CFR part 61, subpart FF and in 
Secs. 63.138 and 63.139 of subpart G for the treatment and control of 
the Group 1 or Group 2 wastewater stream.
    (C) The provisions in Secs. 63.143 through 63.148 of subpart G for 
monitoring and inspections of equipment and for recordkeeping and 
reporting requirements. The owner or operator is not required to comply 
with the monitoring, recordkeeping, and reporting requirements 
associated with the treatment and control requirements in 40 CFR part 
61, subpart FF, Secs. 61.355 through 61.357.
    (ii) Comply with paragraphs (o)(2)(ii)(A) and (o)(2)(ii)(B) of this 
section.
    (A) Comply with the provisions of Secs. 63.133 through 63.148 and 
Secs. 63.151 and 63.152 of subpart G.
    (B) For any Group 2 wastewater stream or organic stream whose 
benzene emissions are subject to control through the use of one or more 
treatment processes or waste management units under the provisions of 
40 CFR part 61, subpart FF on or after December 31, 1992, comply with 
the requirements of Sec. 63.133 through Sec. 63.147 of subpart G for 
Group 1 wastewater streams.
* * * * *
    (r) Overlap of subpart CC with other regulations for gasoline 
loading racks. After the compliance dates specified in paragraph (h) of 
this section, a Group 1 gasoline loading rack that is part of a source 
subject to subpart CC and also is subject to the provisions of 40 CFR 
part 60, subpart XX is required to comply only with this subpart.
    3. Amend Sec. 63.641 by adding in alphabetical order a definition 
for ``gasoline'' to read as follows:


Sec. 63.641  Definitions.

* * * * *
    Gasoline means any petroleum distillate or petroleum distillate/
alcohol blend having a Reid vapor pressure of 27.6 kilopascals or 
greater that is used as a fuel for internal combustion engines.
* * * * *
    4. Amend Sec. 63.644 by revising the last sentence of paragraph (a) 
to read as follows:


Sec. 63.644  Monitoring provisions for miscellaneous process vents.

    (a) * * * All monitoring equipment shall be installed, calibrated, 
maintained, and operated according to manufacturer's specifications or 
other written procedures that provide adequate assurance that the 
equipment will monitor accurately.
* * * * *
    5. Amend Sec. 63.645 by revising the definition of ``K2 
'' in paragraph (f)(4) and revising paragraph (f)(5) to read as 
follows:


Sec. 63.645  Test methods and procedures for miscellaneous process 
vents.

* * * * *
    (f) * * *
    (4) * * *
    K2 = Constant, 5.986  x  10-5 (parts per 
million) -1 (gram-mole per standard cubic meter) (kilogram 
per gram) (minute per day), where the standard temperature (standard 
cubic meter) is at 20 oC.
* * * * *
    (5) If Method 25A is used, the emission rate of TOC 
(ETOC) shall be calculated using the following equation:

ETOC=K2CTOCMQs
where:
ETOC=Emission rate of TOC (minus methane and ethane) in the 
sample, kilograms per day.
K2=Constant, 5.986 x 10-5 (parts per million) 
-1 (gram-mole per standard cubic meter) (kilogram per 
gram)(minute per day), where the standard temperature (standard cubic 
meter) is at 20  deg.C.
CTOC=Concentration of TOC on a dry basis in parts per 
million volume as measured by Method 25A of 40 CFR part 60, appendix A, 
as indicated in paragraph (f)(3) of this section.
M=Molecular weight of organic compound used to express units of 
CTOC, gram per gram-mole.
Qs=Vent stream flow rate, dry standard cubic meters per 
minute, at a temperature of 20  deg.C.
* * * * *
    6. Amend Sec. 63.648 by revising paragraph (e) to read as follows:


Sec. 63.648  Equipment leak standards.

* * * * *
    (e) For reciprocating pumps in heavy liquid service and agitators 
in heavy liquid service, owners and operators are not required to 
comply with the requirements in Sec. 63.169 of subpart H of this part.
* * * * *
    7. Amend Sec. 63.654 by revising the first sentence of paragraph 
(a); revising paragraphs (d)(1), (f) introductory text, and 
(f)(1)(i)(A); adding paragraph (f)(6); and revising the first two 
sentences of paragraph (h)(6) to read as follows:


Sec. 63.654  Reporting and recordkeeping requirements.

    (a) Each owner or operator subject to the wastewater provisions in 
Sec. 63.647

[[Page 44142]]

shall comply with the recordkeeping and reporting provisions in 
Secs. 61.356 and 61.357 of 40 CFR part 61, subpart FF unless they are 
complying with the wastewater provisions specified in paragraph 
(o)(2)(ii) of Sec. 63.640. * * *
* * * * *
    (d) * * *
    (1) Sections 60.486 and 60.487 of subpart VV of part 60 except as 
specified in paragraph (d)(1)(i) of this section; or Secs. 63.181 and 
63.182 of subpart H of this part except for Secs. 63.182(b), (c)(2), 
and (c)(4).
    (i) The signature of the owner or operator (or designate) whose 
decision it was that a repair could not be effected without a process 
shutdown is not required to be recorded. Instead, the name of the 
person whose decision it was that a repair could not be effected 
without a process shutdown shall be recorded and retained for 2 years.
    (ii) [Reserved]
* * * * *
    (f) Each owner or operator of a source subject to this subpart 
shall submit a Notification of Compliance Status report within 150 days 
after the compliance dates specified in Sec. 63.640(h) with the 
exception of Notification of Compliance Status reports submitted to 
comply with Sec. 63.640(l)(3) and for storage vessels subject to the 
compliance schedule specified in Sec. 63.640(h)(4). Notification of 
Compliance Status reports required by Sec. 63.640(l)(3) and for storage 
vessels subject to the compliance dates specified in Sec. 63.640(h)(4) 
shall be submitted according to paragraph (f)(6) of this section. This 
information may be submitted in an operating permit application, in an 
amendment to an operating permit application, in a separate submittal, 
or in any combination of the three. If the required information has 
been submitted before the date 150 days after the compliance date 
specified in Sec. 63.640(h), a separate Notification of Compliance 
Status report is not required within 150 days after the compliance 
dates specified in Sec. 63.640(h). If an owner or operator submits the 
information specified in paragraphs (f)(1) through (f)(5) of this 
section at different times, and/or in different submittals, later 
submittals may refer to earlier submittals instead of duplicating and 
resubmitting the previously submitted information. Each owner or 
operator of a gasoline loading rack classified under Standard 
Industrial Classification Code 2911 located within a contiguous area 
and under common control with a petroleum refinery subject to the 
standards of this subpart shall submit the Notification of Compliance 
Status report required by subpart R of this part within 150 days after 
the compliance dates specified in Sec. 63.640(h) of this subpart.
    (1) * * *
    (i) * * *
    (A) Identification of each storage vessel subject to this subpart, 
and for each Group 1 storage vessel subject to this subpart, the 
information specified in paragraphs (f)(1)(i)(A)(1) through 
(f)(1)(i)(A)(3) of this section. This information is to be revised each 
time a Notification of Compliance Status report is submitted for a 
storage vessel subject to the compliance schedule specified in 
Sec. 63.640(h)(4) or to comply with Sec. 63.640(l)(3).
    (1) For each Group 1 storage vessel complying with Sec. 63.646 that 
is not included in an emissions average, the method of compliance 
(i.e., internal floating roof, external floating roof, or closed vent 
system and control device).
    (2) For storage vessels subject to the compliance schedule 
specified in Sec. 63.640(h)(4) that are not complying with Sec. 63.646, 
the anticipated compliance date.
    (3) For storage vessels subject to the compliance schedule 
specified in Sec. 63.640(h)(4) that are complying with Sec. 63.646 and 
the Group 1 storage vessels described in Sec. 63.640(l), the actual 
compliance date.
* * * * *
    (6) Notification of Compliance Status reports required by 
Sec. 63.640(l)(3) and for storage vessels subject to the compliance 
dates specified in Sec. 63.640(h)(4) shall be submitted no later than 
60 days after the end of the 6-month period during which the change or 
addition was made that resulted in the Group 1 emission point or the 
existing Group 1 storage vessel was brought into compliance, and may be 
combined with the periodic report. Six-month periods shall be the same 
6-month periods specified in paragraph (g) of this section. The 
Notification of Compliance Status report shall include the information 
specified in paragraphs (f)(1) through (f)(5) of this section. This 
information may be submitted in an operating permit application, in an 
amendment to an operating permit application, in a separate submittal, 
as part of the periodic report, or in any combination of these four. If 
the required information has been submitted before the date 60 days 
after the end of the 6-month period in which the addition of the Group 
1 emission point took place, a separate Notification of Compliance 
Status report is not required within 60 days after the end of the 6-
month period. If an owner or operator submits the information specified 
in paragraphs (f)(1) through (f)(5) of this section at different times, 
and/or in different submittals, later submittals may refer to earlier 
submittals instead of duplicating and resubmitting the previously 
submitted information.
* * * * *
    (h) * * *
    (6) The owner or operator shall submit the information specified in 
paragraphs (h)(6)(i) through (h)(6)(iii) of this section, as 
applicable. For existing sources, this information shall be submitted 
in the initial Notification of Compliance Status report. * * *
* * * * *
    8. In table 5 in the appendix of subpart CC of this part, remove 
the entries for ``63.566(a)'' and ``63.566(b)'' and add two entries, in 
numerical order, to read as follows:

       Table 5.--Marine Vessel Loading and Unloading Operations Recordkeeping and Reporting Requirements a      
----------------------------------------------------------------------------------------------------------------
 Reference (section of subpart Y of this                                                                        
                  part)                           Description                           Comment                 
----------------------------------------------------------------------------------------------------------------
63.565(a)...............................  Performance test/site test   The information required under this      
                                           plan.                        paragraph is to be submitted with the   
                                                                        notification of compliance status report
                                                                        required under 40 CFR part 63, subpart  
                                                                        CC.                                     
63.565(b)...............................  Performance test data                                                 
                                           requirements.                                                        
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
----------------------------------------------------------------------------------------------------------------
\9\ This table does not include all the requirements delineated under the referenced Sections. See referenced   
  Sections for specific requirements.                                                                           


[[Page 44143]]

    9. In table 6 in the appendix of subpart CC of this part, revise 
the entries for ``63.6(e),'' ``63.8(c)(3),'' and ``63.10(d)(5)(ii)'' to 
read as follows:

                            Table 6.--General Provisions Applicability to Subpart CCa                           
----------------------------------------------------------------------------------------------------------------
                Reference                    Applies to subpart CC                      Comment                 
----------------------------------------------------------------------------------------------------------------
                                                                                                                
      *                   *                   *                   *                   *                   *     
                                                           *                                                    
Sec.  63.6(e)...........................  Yes........................  Does not apply to Group 2 emission       
                                                                        points.b The startup, shutdown, and     
                                                                        malfunction plan specified in Sec.      
                                                                        63.6(e)(3) is not required for          
                                                                        wastewater operations that are not      
                                                                        subject to subpart G of this part.      
  ......................................    .........................  Except that actions taken during a       
                                                                        startup, shutdown, or malfunction that  
                                                                        are not consistent with the startup,    
                                                                        shutdown, and malfunction plan do not   
                                                                        need to be reported within 2 and 7 days 
                                                                        of commencing and completing the action,
                                                                        respectively, but must be included in   
                                                                        the next periodic report.               
                                                                                                                
      *                   *                   *                   *                   *                   *     
                                                           *                                                    
Sec.  63.8(c)(3)........................  Yes........................  Except that verification of operational  
                                                                        status shall, at a minimum, include     
                                                                        completion of the manufacturer's written
                                                                        specifications or recommendations for   
                                                                        installation, operation, and calibration
                                                                        of the system or other written          
                                                                        procedures that provide adequate        
                                                                        assurance that the equipment would      
                                                                        monitor accurately.                     
                                                                                                                
      *                   *                   *                   *                   *                   *     
                                                           *                                                    
Sec.  63.10(d)(5)(ii)...................  Yes........................  Except that actions taken during a       
                                                                        startup, shutdown, or malfunction that  
                                                                        are not consistent with the startup,    
                                                                        shutdown, and malfunction plan do not   
                                                                        need to be reported within 2 and 7 days 
                                                                        of commencing and completing the action,
                                                                        respectively, but must be included in   
                                                                        the next periodic report.               
                                                                                                                
      *                   *                   *                   *                   *                   *     
                                                           *                                                    
----------------------------------------------------------------------------------------------------------------
a Wherever subpart A specifies ``postmark'' dates submittals may be sent by methods other than the U.S. Mail    
  (e.g., by fax or courier). Submittals shall be sent by specified dates, but a postmark is not required.       
b The plan, and any records or reports of startup, shutdown, and malfunction do not apply to Group 2 emission   
  points.                                                                                                       

[FR Doc. 98-22093 Filed 8-17-98; 8:45 am]
BILLING CODE 6560-50-P