[Federal Register Volume 81, Number 30 (Tuesday, February 16, 2016)]
[Rules and Regulations]
[Pages 7710-7712]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-02953]



40 CFR Part 52

[EPA-R10-OAR-2015-0398; FRL-9942-15-Region 10]

Approval of Regional Haze BART Alternative Measure: Washington

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.


SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve the Best Available Retrofit Technology (BART) 
alternative measure for the BP Cherry Point Refinery located near 
Ferndale, Washington. The BART alternative measure increases the oxides 
of nitrogen (NOX) emission limit from the R-1 HC Reactor 
Heater (R-1 Heater), a BART-eligible source currently subject to BART 
emission limits on NOX. To offset the increase in 
NOX emissions from this emission unit, the NOX 
emission limits on the 1st Stage Hydrocracker Fractionator Reboiler (R-
1 Reboiler), also a BART-eligible source subject to BART emission 
limits on NOX, will be reduced. The net effect of these 
changes is a decrease of 10.4 tons per year (tpy) of allowable 
NOX emissions from sources subject to BART at the BP Cherry 
Point Refinery.

DATES: This final rule is effective March 17, 2016.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-EPA-R10-OAR-2015-0398. All documents in the docket 
are listed on the http://www.regulations.gov Web site. Although listed 
in the index, some information may not be publicly available, i.e., 
Confidential Business Information or other information the disclosure 
of which is restricted by statute. Certain other material, such as 
copyrighted material, is not placed on the Internet and is publicly 
available only in hard copy form. Publicly available docket materials 
are available at http://www.regulations.gov or at EPA Region 10, Office 
of Air, Waste and Toxics, 1200 Sixth Avenue, Seattle, Washington 98101. 
The EPA requests that you contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to schedule your inspection. The Regional 
Office's official hours of business are Monday through Friday, 8:30 to 
4:30, excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: For information please contact John 
Chi at (206) 553-1185, or [email protected].


Table of Contents

I. Background Information
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Orders Review

I. Background Information

    On May 14, 2015, Washington submitted the BART alternative measure 
and the EPA proposed to approve it on November 16, 2015 (80 FR 70718). 
An explanation of the CAA requirements, a detailed analysis of the 
submittal, and the EPA's reasons for approval were provided in the 
notice of proposed rulemaking, and will not be restated here. The 
public comment period for this proposed rule ended on December 16, 
2015. The EPA received one comment in support of this action and no 
adverse comments.

II. Final Action

    The EPA is approving the BART alternative measure for the BP Cherry 
Point Refinery located near Ferndale, Washington by incorporating by 
reference the conditions of Revision 2 identified below. The EPA is 
removing the BP Cherry Point Refinery, BART Compliance Order No. 7836 
currently in the Federally approved SIP at 40 CFR 52.2470(d) and 
replacing it with provisions of the BP Cherry Point Refinery, BART 
Compliance Order No. 7836 Revision 2. The EPA is also approving new 
Condition 9 of the BART Compliance Order 7836 Revision 2 relating to 
decommissioned units. The conditions of the BP BART Compliance Order 
Revision 2 that are proposed for incorporation by reference are:
    Condition 1: 1.1, 1.1.1, 1.2, 1.2.1, 1.2.2;
    Condition 2: 2.1, 2.1.1, 2.1.2, 2.1.3, 2.1.4, 2.1.5, 2.2, 2.2.1, 
2.2.2, 2.3, 2.3.1, 2.3.2, 2.4, 2.4.1, 2.4.2,, 2.5, 2.5.1,,, 2.5.2, 2.5.3, 2.5.4, 2.6, 2.6.1, 2.6.2, 2.6.3, 2.7, 
2.7.1, 2.7.2, 2.7.3, 2.7.4, 2.8, 2.8.1, 2.8.2,2.8.3, 2.8.4, 2.8.5, 
    Condition 3, 3.1, 3.1.1, 3.1.2, 3.2, 3.2.1, 3.2.2, 3.2.3, 3.2.4;
    Condition 4, 4.1, 4.1.1,,,,;
    Condition 5, 5.1, 5.2;
    Condition 6, 6.1, 6.2, 6.3;
    Condition 7; and
    Condition 9.

III. Incorporation by Reference

    In accordance with requirements of 1 CFR 51.5, the EPA is revising 

[[Page 7711]]

incorporation by reference located in 40 CFR 52.2470(d)--``EPA-Approved 
State Source-Specific Requirements'' to reflect the approval of the 
BART alternative measure for the BP Cherry Point Refinery and the 
provision relating to decommissioned units. Due to the fact that the 
conditions in the original BART Order were renumbered in Revision 1, 
which was not submitted as a SIP revision, the EPA is removing the 
original IBR entry for ``BP Cherry Point Refinery'' in its entirety and 
incorporating in its place the specified conditions of Revision 2 
included in the docket for this action. The end result is that all of 
the conditions in the Original BART order remain in the SIP (but with 
different numbers) except as discussed in the notice of the proposed 
rulemaking with respect to the BART alternative measure and the 
addition of Condition 9. The EPA has made, and will continue to make, 
these documents generally available electronically through 
www.regulations.gov and/or in hard copy at the appropriate EPA office 
(see the ADDRESSES section of this preamble for more information).

IV. Statutory and Executive Orders Review

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, the EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:

     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 
21, 2011);
     does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et 
     is certified as not having a significant economic 
impact on a substantial number of small entities under the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly 
or uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Public Law 104-4);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action 
based on health or safety risks subject to Executive Order 13045 (62 
FR 19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 
272 note) because this action does not involve technical standards; 
     does not provide the EPA with the discretionary 
authority to address, as appropriate, disproportionate human health 
or environmental effects, using practicable and legally permissible 
methods, under Executive Order 12898 (59 FR 7629, February 16, 

    The SIP is not approved to apply on any Indian reservation land in 
Washington except as specifically noted below and is also not approved 
to apply in any other area where the EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000).
    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 action 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. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by April 18, 2016. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

    Dated: January 27, 2016.
Dennis J. McLerran,
Regional Administrator, Region 10.
    For the reasons set forth in the preamble, 40 CFR part 52 is 
amended as follows:


1. The authority citation for part 52 continues to read as follows:

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

Subpart WW--Washington

2. In Sec.  52.2470:
a. In paragraph (d), the table is amended by revising the entry for 
``BP Cherry Point Refinery.''
b. In paragraph (e), table 2 is amended by adding an entry entitled 
``Regional Haze State Implementation Plan--BP Cherry Point Refinery 
BART Revision'' to the end of the table.
    The revisions read as follows:

Sec.  52.2470  Identification of plan.

* * * * *
    (d) * * *

[[Page 7712]]

                          EPA-Approved State of Washington Source-Specific Requirements
                                    Order/Permit          State
         Name of source                number        effective date   EPA approval date        Explanation
                                                  * * * * * * *
BP Cherry Point Refinery.......  Administrative             5/13/15  2/16/16 [Insert     The following
                                  Order No. 7836,                     Federal Register    conditions: 1.1,
                                  Revision 2.                         citation].          1.1.1, 1.2, 1.2.1,
                                                                                          1.2.2, 2.1, 2.1.1,
                                                                                          2.1.2, 2.1.3, 2.1.4,
                                                                                          2.1.5, 2.2, 2.2.1,
                                                                                          2.2.2, 2.3, 2.3.1,
                                                                                          2.3.2, 2.4, 2.4.1,
                                                                                          2.4.2,, 2.5,
                                                                                , 2.5.2, 2.5.3,
                                                                                          2.5.4, 2.6, 2.6.1,
                                                                                          2.6.2, 2.6.3, 2.7,
                                                                                          2.7.1, 2.7.2, 2.7.3,
                                                                                          2.7.4, 2.8, 2.8.1,
                                                                                          2.8.2,2.8.3, 2.8.4,
                                                                                          2.8.5, 2.8.6, 3, 3.1,
                                                                                          3.1.1, 3.1.2, 3.2,
                                                                                          3.2.1, 3.2.2, 3.2.3,
                                                                                          3.2.4, 4, 4.1, 4.1.1,
                                                                                ,, 5,
                                                                                          5.1, 5.2, 6, 6.1, 6.2,
                                                                                          6.3, 7, 9
                                                  * * * * * * *

    (e) * * *

                                Table 2--Attainment, Maintenance, and Other Plans
                                  Applicable geographic        State
     Name of SIP provision        or nonattainment area   submittal date  EPA approval date        Comments
                                                  * * * * * * *
Regional Haze State              Statewide..............         5/14/15  2/16/16 [Insert    ...................
 Implementation Plan--BP Cherry                                            Federal Register
 Point Refinery BART Revision.                                             citation].

[FR Doc. 2016-02953 Filed 2-12-16; 8:45 am]