[Federal Register Volume 81, Number 134 (Wednesday, July 13, 2016)]
[Rules and Regulations]
[Pages 45232-45245]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16451]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 60 and 63

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


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

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

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

[[Page 45233]]

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

FOR FURTHER INFORMATION CONTACT: Ms. Brenda Shine, Sector Policies and 
Programs Division, Refining and Chemicals Group (E143-01), Office of 
Air Quality Planning and Standards, Environmental Protection Agency, 
Research Triangle Park, North Carolina 27711; telephone number: (919) 
541-3608; email address: [email protected].

SUPPLEMENTARY INFORMATION: 
    Preamble Acronyms and Abbreviations. We use multiple acronyms and 
terms in this preamble. While this list may not be exhaustive, to ease 
the reading of this preamble and for reference purposes, the EPA 
defines the following terms and acronyms here:

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

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

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

I. General Information

A. Does this action apply to me?

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

   Table 1--Industrial Source Categories Affected by This Final Action
------------------------------------------------------------------------
              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 final action will also be available on the Internet through the 
Technology Transfer Network (TTN) Web site, a forum for information and 
technology exchange in various areas of air pollution control. 
Following signature by the EPA Administrator, the EPA will post a copy 
of this final action at http://www.epa.gov/ttn/atw/petref.html. 
Following publication in the Federal Register, the EPA will post the 
Federal Register version and key technical documents at this same Web 
site.

C. Judicial Review and Administrative Reconsideration

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

II. Background Information

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

[[Page 45234]]

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

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

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

[[Page 45235]]

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

IV. Summary of Comments and Responses

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

A. Compliance Date Amendments

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

[[Page 45236]]

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

[[Page 45237]]

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

[[Page 45238]]

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

[[Page 45239]]

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

B. Technical and Editorial Corrections

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

V. Statutory and Executive Order Reviews

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

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

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

B. Paperwork Reduction Act (PRA)

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

[[Page 45240]]

C. Regulatory Flexibility Act (RFA)

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

D. Unfunded Mandates Reform Act (UMRA)

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

E. Executive Order 13132: Federalism

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

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

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

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

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

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

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

I. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

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

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

K. Congressional Review Act (CRA)

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

List of Subjects

40 CFR Part 60

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

40 CFR Part 63

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

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

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

PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES

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

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

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

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


Sec.  60.102a  Emissions limitations.

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

[[Page 45241]]

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

0
3. The authority citation for part 63 continues to read as follows:

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

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

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


Sec.  63.641  Definitions.

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

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


Sec.  63.643  Miscellaneous process vent provisions.

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

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


Sec.  63.648  Equipment leak standards.

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

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


Sec.  63.655  Reporting and recordkeeping requirements.

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

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


Sec.  63.658  Fenceline monitoring provisions.

* * * * *
    (c) * * *
    (1) As it pertains to this subpart, known sources of VOCs, as used 
in Section 8.2.1.3 in Method 325A of appendix A of this part for siting 
passive monitors, means a wastewater treatment unit, process unit, or 
any emission source requiring control according to the requirements of 
this subpart, including marine vessel loading operations. For marine 
vessel loading operations, one passive monitor should be sited on the 
shoreline adjacent to the dock.
* * * * *

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


Sec.  63.670  Requirements for flare control devices.

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

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

Appendix to Subpart CC of Part 63--Tables

* * * * *

[[Page 45242]]



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

[[Page 45243]]

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

* * * * *

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

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


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

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

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


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

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

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


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

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

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


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

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

[[Page 45244]]

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

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


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

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

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

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

* * * * *

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

  Table 3 to Subpart UUU of Part 63--Continuous Monitoring Systems for
            Metal HAP Emissions From Catalytic Cracking Units
------------------------------------------------------------------------
                                 If you use this
   For each new or existing      type of control     You shall install,
 catalytic cracking unit . . .   device for your   operate, and maintain
                                    vent . . .            a . . .
------------------------------------------------------------------------
 
                              * * * * * * *
12. Electing to comply with     Any..............  Continuous parameter
 the operating limits in Sec.                       monitoring system to
  63.1564(a)(5)(ii) during                          measure and record
 periods of startup, shutdown,                      the gas flow rate
 or hot standby.                                    exiting the catalyst
                                                    regenerator.\1\
------------------------------------------------------------------------
\1\ If applicable, you can use the alternative in Sec.   63.1573(a)(1)
  instead of a continuous parameter monitoring system for gas flow rate.

* * * * *

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

  Table 5 to Subpart UUU of Part 63--Initial Compliance With Metal HAP
              Emission Limits for Catalytic Cracking Units
------------------------------------------------------------------------
   For each new and existing    For the following
    catalytic cracking unit      emission limit .  You have demonstrated
 catalyst regenerator vent . .         . .         initial compliance if
               .                                           . . .
------------------------------------------------------------------------
 
                              * * * * * * *
2. Subject to NSPS for PM in    PM emissions must  You have already
 40 CFR 60.102a(b)(1)(i); or     not exceed 1.0 g/  conducted a
 in Sec.   60.102 and electing   kg (1.0 lb PM/     performance test to
 Sec.   60.100(e) and electing   1,000 lb) of       demonstrate initial
 to meet the PM per coke burn-   coke burn-off.     compliance with the
 off limit.                                         NSPS and the
                                                    measured PM emission
                                                    rate is less than or
                                                    equal to 1.0 g/kg
                                                    (1.0 lb/1,000 lb) of
                                                    coke burn-off in the
                                                    catalyst
                                                    regenerator. As part
                                                    of the Notification
                                                    of Compliance
                                                    Status, you must
                                                    certify that your
                                                    vent meets the PM
                                                    limit. You are not
                                                    required to do
                                                    another performance
                                                    test to demonstrate
                                                    initial compliance.
                                                    As part of your
                                                    Notification of
                                                    Compliance Status,
                                                    you certify that
                                                    your BLD; CO2, O2,
                                                    or CO monitor; or
                                                    continuous opacity
                                                    monitoring system
                                                    meets the
                                                    requirements in Sec.
                                                      63.1572.
 
                              * * * * * * *
------------------------------------------------------------------------


[[Page 45245]]

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