A pr il 7 , 2009

Mr. K. C. Hustvedt US EPA Office of Air Quality Planning and Standards Mail Drop E143

- 01 Research Triangle Park, NC 27711 Hustvedt.Ken@epamail.epa.gov

Re: Environmental Protection Agency’s (EPA’s) National Emission Standards for Ha zardous Air Pollutants From Petroleum Refineries: Final Rule.

The American Petroleum Institute (API) and the National Petro chemical and Refiners Association (NPRA) submit these suggestions on the Environmental Protection Agency’s (EPA’s) “ National Emissio n Standards for Hazardous Air Pollutants From Petroleum Refineries: Final Rule ” as posted on the EPA Office of Air and Radiation Policy and Guidance Website on January 16, 2009 . We believe there are some clarifications and corrections that could make the rule clearer and consistent with the sta ted intent

. 1

. Compliance s chedule and applicability provisions in §63.640(h).

We believe the following revisions are needed to§63.640(h) in order to clearly and properly

r eflect the intent as indicated in the preamble and to correct editorial errors

. (h)(1) Changing "and" to "through", which is clearly the intent.

(h)(1)(i) and (iii) Changing "Storage vessels" to "Group 1 storage vessel s ", for
correctness and for consis tency with (h)(4).

(h)(1)(i) through (iv) Changing the sentence structure to clarify that the date of construction/reconstruction is referring to the entire source, rather than to the individual
storage vessel or heat exchange system.

(h)(1)(i) and (ii) Correcting the date upon which the original new source requirements kicked in, from August 18, 1995 to July 14, 1994. As shown in (h)(1), the trigger date for new construction under the original rule was July 14, 1994. August 18, 1995 was the
date of rul e promulgation, but applicability was based on the proposal date.

(h)(2) Adding a paragraph return to separate this paragraph from (h)(1)(iv).(h)(4)(ii) Editing the text for correctness and f or consistency with (h)(4)(i).

(h)(1)(i) and (h)(4)(iii) Rev ising the language to clarify that compliance with §63.646(a) through (l) is no longer required once compliance with §63.646(m) is achieved. Currently th is language could be read to assume both sets of requirements apply , despite the language in §63.646(a ) on this point. This important point need to be made clear in §63.64 0(h) as well as in §63.646(a).

We suggest the following specific revisions to the text in the posted r ule to accomplish these changes.

(1) Except as provided in paragraphs (h)(1)(i) and t hrough (iv) of this section, new sources that commence construction or reconstruction after July 14, 1994, shall be in compliance with this subpart upon initial startup or August 18, 1995, whichever is later.

(i) S torage vessels a A t a new source s that com mence d construction or reconstruction
after July 14, 1994 August 18, 1995 , but before September 4, 2007, Group 1 storage
vessels shall comply with the new source requirements for storage vessels specified in §63.646(a) through (l) upon startup

. and t Complia nce with t he new source requirements for storage vessels specified in §63.646(m) shall be achieved in place of the requirements in §63.646(a) through (l) no later than [INSERT DATE 36 MONTHS AFTER DATE OF PUBLICATION].

(ii) Heat exchange systems a A t a new source s that commence d construction or
reconstruction after July 14, 1994 August 18, 1995 , but before September 4, 2007, heat exchange systems shall comply with the existing source requirements for heat exchange systems specified in §63.654 no later than [ INSERT DATE 36 MONTHS AFTER DATE OF PUBLICATION]

(iii) Storage vessels a A t a new source s that commence s construction or reconstruction after September 4, 2007, Group 1 storage vessels shall be in compliance with the new source requirements in §63.646(m) u pon initial startup or [INSERT DATE OF PUBLICATION], whichever is later.

(iv) Heat exchange systems a A t a new source s that commence s construction or reconstruction after September 4, 2007, heat exchange systems shall be in compliance
with the new source r equirements in §63.654 upon initial startup or [INSERT DATE OF PUBLICATION], whichever is later.

(2) Except as provided in paragraphs (h)(3) through (h)(6) of this section, existing sources shall be in compliance with this subpart no later than August 18, 1998, except as provided in §63.6(c)(5) of subpart A of this part, or unless an extension has been granted by the Administrator as provided in §63.6(i) of subpart A of this part.* * * * *

(4) A Group 1 storage vessel that is part of an existing source shall be in compliance with §63.646 as specified in paragraphs (h)(4)(i) through (h)(4)(iii).

(i) Except for existing floating roof storage vessels, a Group 1 storage vessel that is part of an existing source shall be in compliance with §63.646(a) through (l) of this subpart no later than August 18, 1998. An owner or operator may elect to comply with §63.646(m) of this subpart instead of §63.646(a) through (l) of this subpart.

(ii) Existing G A g roup 1 floating roof storage vessel s that is part of an exist ing source shall be in compliance with §63.646(a) through (l) of this subpart at the first degassing and cleaning activity after August 18, 1998, or August 18, 2005, whichever is first. An owner or operator may elect to comply with §63.646(m) of this subpa rt instead of §63.646(a) through (l) of this subpart.

(iii) All Group 1 storage vessels that are part of an existing source shall comply be in compliance with §63.646(m) of this subpart instead of §63.646(a) through (l) of this subpart no later than [INSER T DATE 36 MONTHS FROM DATE OF PUBLICATION].

2

. Overlap provisions for storage vessels in §63.640(n).

We believe the following revisions are needed to§63.640(n) in order to clearly and properly reflect the intent as indicated in the preamble and to correct editorial errors.

(n)(1), (n)(3), & (n)(4) Consolidating the overlap provisions for Group 2 tanks and NSPS subpar t Kb (Kb) into (n)(3) & (n)(4), and additionally addressing overlap of Group 2 tanks and Part 61 subpart Y (61 Y) in (n)(3).

(n)(1) & (n) (2) Separating new sources from existing sources in the overlap provisions for Group 1 tanks and either Kb or 61 Y, with existing sources addressed in (n)(1) and new sources in (n)(2).

(n)(1) Stipulating that, when opting to comply with subpart WW in lie u of Kb or 61 Y for an internal floating roof storage vessel at an existing source, the deck fitting requirements of §63.1063(a)(2) are required. While §63.646(m)(2) exempts internal floating roof storage vessels at existing facilities from these requirem ents, these controls are required by Kb and by 61 Y, and thus should be required in the event of overlap with
either of those rules.

(n)(3) Adding overlap with 61 Y to this provision for overlap of Group 2 tanks and Kb.

(n)(3) & (n)(4) Deleting the refer ence to new sources, thereby rendering these provisions applicable to both new and existing sources.We suggest the following specific revisions to the text in the posted r ule to accomplish these

changes. Note that §63.640(n)(3) and (4) were not revised in these amendments.

(n) Overlap of subpart CC with other regulations for storage vessels. As applicable, paragraphs (n)(1), (n)(3), (n)(4), (n)(6), and (n)(7) of this section apply for Group 2 storage vessels and paragraphs (n)(1), (n)(2) and (n)(5) of th is section apply for Group 1 storage vessels.

(1) After the compliance dates specified in paragraph (h) of this section, a Group 1 2 storage vessel that is part of an existing source and is also subject to the provisions of 40 CFR part 60, subpart Kb and/o r 40 CFR part 61, subpart Y , is required to comply only with the requirements of 40 CFR part 60, subpart Kb, except as provided in paragraph (n)(8) of this section ; 40 CFR part 61, subpart Y except as provided in paragraph (n)(10) of this section; or this subpart except that §63.1063(a)(2) does apply to internal floating roof storage vessels

. (2) After the compliance dates specified in paragraph (h) of this section, a Group 1 storage vessel that is part of a new source and is also subject to 40 CFR part 60 , subpart Kb and/or 40 CFR part 61, subpart Y is required to comply only with 40 CFR part 60, subpart Kb except as provided in paragraph (n)(8) of this section; 40 CFR part 61, subpart Y except as provided in paragraph (n)(10) of this section; or this subp art.
(3) After the compliance dates specified in paragraph (h) of this section, a Group 2 storage vessel that is part of a new source and is also subject to the control requirements in §60.112b of 40 CFR part 60, subpart Kb and/or §61.271 of 40 CFR part 61, subpart Y is required to comply only with 40 CFR part 60, subpart Kb except as provided in paragraph (n)(8) of this section or 40 CFR part 61, subpart Y except as provided in paragraph (n)(10) of this section

. (4) After the compliance dates specified in p aragraph (h) of this section, a Group 2 storage vessel that is part of a new source and is also subject to 40 CFR 60.110b, but is not required to apply controls by 40 CFR 60.110b or 60.112b is required to comply only with this subpart.

3 . Deck fitting con trols for internal floating roofs

. The rule requires, as it always has, the control of deck fittings for floating roof storage vessels at new sources (the rule now refers to Part 63 subpart WW rather than to Part 63 subpart G for the specific requirements, but the requirements in these two rules are substantially equivalent). The understood intent of the rule is to exempt internal floating roof storage vessels at existing sources from the requirement for controlled deck fittings, but to require these contr ols at new sources. The new language, however, inexplicably exempts internal floating roof storage vessels at new sources from the requirement to control the deck fittings for slotted and unslotted guidepoles.This would seem to be an oversight, which wo uld be corrected by striking the last sent en ce in

paragraph §63.646(m)(2).

§63.646(m)(2) For purposes of this subpart, §63.1063(a)(2) does not apply to internal floating roof storage vessels at existing sources subject to this subpart. For purposes of thi s subpart, §§63.1063(a)(2)(vii) and (viii) do not apply to internal floating roof storage vessels at new sources subject to this subpart.

4 . MACT reporting paradigm for overlap with Part 61 subpart Y.

The MACT rule requir es reporting of inspection result s only if an inspection failure has been observed, and allow for these reports to be gathered into semi

- annual periodic reports. The overlap provisions allow this same reporting paradigm to be applied to other rules that apply to the same emission points (consistent with EPA’s Recordkeeping and Reporting Burden Reduction Rule of February 12, 1999). The new language, however, applies this paradigm only to failed seal gap measurements, and not to other inspection failures. This would seem to be an oversigh t, which would be corrected by editing para gr aph §63.640(n)(10) as follows.

§63.640(n)(10) Storage vessels described by paragraph s (n)(1), (n)(2) , and (n)(3) electing to comply with 40 CFR part 61, subpart Y shall comply with subpart Y except as provided f

or in paragraphs (n)(10)(i) through (n)(10)(vii) of this section.

* * * * * *
(v) Owners and operators of storage vessels complying with subpart Y of part 61 may submit the inspection reports required by 40 CFR 61.275(a), (b)(1), and (d) as part of the
p eriodic reports required by this subpart, rather than within the 60

- day period specified in 40 CFR 61.275(a)

, and (b)(1) and (d)

. (vi) The reports of rim seal inspections specified in 40 CFR 61.275 (a), (b)(1), and (d) are not required if none all of the obs erved conditions meet measured gaps or calculated gap areas exceed the requirements limitations specified in 40 CFR 61.272 (a) or (b) (4) as applicable . Documentation of the inspections shall be recorded as specified in 40 CFR 61.276(a).

5 . Clarify the §63.6 41 definition of heat exchange system.

We believe four clarifications, as follows, are needed to make the definition consistent with the way such systems exist in refineries , the monitoring requirements

, the proposal and the final amendment preamble

.
Unlik e the proposed definition , the discussion in the preamble to the final amendments

, and the precedents set in other cooling tower monitoring rules, the second sentence of the heat exchange system definition defines “ heat exchange system ” proscriptively for recirculating systems and precludes critical flexibility

. According to the preamble to the final amendments, “... if the cooling tower or once

- through system services multiple heat exchangers, the owner or operator may elect to monitor only the heat exchang ers “inorganic HAP service” or monitor at branch points that combine several heat exchanger

exit lines, or monitor at the combined stream for the entire system. 1 ” However, the final definition specifies that for a cooling tower system there is only one he at exchange system made up of all exchangers serving that cooling tower. This would preclude monitoring at branch points that combine several heat exchanger exit lines. This grouping flexibility is critical, since cooling towers often service multiple pr ocess units, have multiple return lines and service many exchangers that are not “in organic HAP
service” and would have been provided had the proposed heat exchange definition been
finalized

. Furthermore, the §63.654(b) monitoring exemption language pres umes this flexibility and is made unusable if there is only a single heat exchange system for each cooling tower. Thus, the wording of the second sentence should be revised to allow such grouping.

Including the cooling tower in the heat exchange system de finition was not proposed and is confusing. It further suggests that heat exchangers cannot be subgrouped for monitoring purposes . Furthermore

, since there may be many heat exchange systems associated with a single cooling tower, it is unclear where the cooling tower would be assigned. Since including the cooling tower is not critical to the definition or to the monitoring requirements, we suggest it be deleted.

The use of the word “series” in the first sentence of the definition could result in the
mist aken impression that heat exchangers must be arranged in series, as opposed to being arranged in parallel. This unintended conclusion would be avoided if the word
“collection” were used

. In the third sentence, t he definition of heat exchange system descri bes a once

- through system as “servicing an individual process unit.” However, if a once

- through system services more than one process unit, as they often do, it is still a once

- through system.
Th e definition should be edited so as not to inappropriately limit the definition of a once

through system.

We suggest the following specific revisions to the text in the posted rule to accomplish these changes.
Heat exchange system means a device or collection series of devices used to transfer heat from process flu ids to water without intentional direct contact of the process fluid with the water (i.e., non

- contact heat exchanger) and to transport and/or cool the water in a closed

- loop recirculation system (cooling tower system) or a once

- through system (e.g., river or pond water). For closed

- loop recirculation systems, a the heat exchange system consists of a cooling tower, all one or more heat exchangers that are serviced by that cooling tower, and all water lines to and from the heat exchanger(s). For once

-

1 Page 21 of the final rule as posted on the EPA TTN P&G website.throug h systems, the heat exchange system consists of one or more heat exchangers

servicing an one or more individual process unit s and all water lines to and from the heat exchanger(s). Intentional direct contact with process fluids results in the formation of a wastewater.

6 . Clarify the intent with respect to monitoring the inlet concentration of once

- through heat exchange systems.
Paragraph §63.654(c)(1) provides for monitoring the fresh water feed line of once

- through heat exchange systems in order to dete rmine the total strippable VOC concentration prior to the heat exchange system. This is presumably for the purpose of determining how much of the exit concentration is attributable to leaks in the heat exchange system as opposed to having already been in the feed water. This intent should be clarified by editing paragraph §63.654(c)(2) as follows

. (2) For a heat exchange system at an existing source, a leak is a total strippable VOC concentration (as methane) in the stripping gas of 6.2 ppmv or greater. F or a heat exchange system at a new source, a leak is a total strippable VOC concentration (as methane) in the stripping gas of 3.1 ppmv or greater. For once

- through heat exchange systems, the total strippable VOC concentration (as methane) measured in the fresh water feed line may be subtracted from the total strippable VOC concentration (as methane) measured in the exit line in order to determine the total strippable VOC concentration (as methane) for purposes of determining the presence of a leak.

7 . Cl arify that §63.654(e) is applicable to once

- through heat exchange systems.
Paragraph §63.654(e) provides for monitoring individual heat exchangers or groups of heat exchangers to verify whether or not there is a leak from a heat exchanger in organic HAP

se rvice. The intent is undoubtedly to allow this additional monitoring for once

- through systems as well as for cooling towers. The wording should be revised to clarify this intent, as shown below.
(e) If the owner or operator detects a leak when monitoring a cooling tower return line or heat exchanger exit line under paragraph (c)(1) of this section, the owner or operator may conduct additional monitoring to identify leaks of total strippable VOC emissions using Modified El Paso method from each heat exchan ger or group of heat exchangers in organic HAP service associated with the heat exchange system for which the leak was detected. If the additional monitoring shows that the total strippable VOC concentration in the stripped air at the heat exchanger exit l ine for each heat exchanger in organic HAP service is less than 6.2 ppmv for existing sources or less than 3.1 ppmv for new sources, the heat exchange system is excluded from repair requirements in paragraph (d) of this section.8 . Clarify in §63.654(g) that cooling water flow rate is to be determined by engineering

analysis.

The preamble expressly states that EPA does not require a continuous flow monitor for measuring flow rate, but rather expects the flow rate to be based on “pump curves, heat balance calculations, or other engineering methods.” The wording in §63.654(g) should be revised to clarify this intent

. (g) To delay the repair under paragraph (f) of this section, the owner or operator must record the information in paragraphs (g)(1) through (g)(4) of this section.

... (4) An estimate of the potential emissions from the leaking heat exchange system or heat exchanger following the procedures in paragraphs (g)(4)(i) and (g)(4)(ii) of this section.
(i) Determine the total strippable VOC concentra tion in the cooling water, in parts per million by weight (ppmw), using equation 7

- 1 from Modified El Paso method (incorporated by reference in §63.14), based on the total strippable concentration in the stripped air, ppmv, from monitoring.
(ii) Calculate the VOC emissions for the leaking heat exchange system or heat exchanger by multiplying the VOC concentration in the cooling water, ppmw, by the flow rate of the cooling water from the leaking tower or heat exchanger and by the expected duration of the de lay. The flow rate may be based on pump curves, heat balance calculations, or other engineering methods.

9 . C orrect the citation in the “r eference control technology for storage vessels ” definition

. The rim seal requirements for An external floating roof converted to an internal floating roof incorrectly cite the provisions for an external floating roof. Once converted to an internal floating roof, the storage vessel should be subject to the requirements for internal floating roof storage vessels. This is corrected by changing the reference to read §63.1063(a)(1)(i) r ather than §63.1063(a)(1)(ii).
Reference control technology for storage vessels means either:
(a) For Group 1 storage vessels complying with §63.646(m):
(1) An internal floating roof meeti ng the specifications of §§63.1063(a)(1)(i) and (b) of subpart WW;
(2) An external floating roof meeting the specifications of §63.1063(a)(1)(ii), (a)(2), and (b) of subpart WW;
(3) An external floating roof converted to an internal floating roof meeting the specifications of §63.1063(a)(1) (i) (ii) and (b); or10 . Correct the citation to a nonexistent paragraph in §63.654(f).

Paragraph (f) of §63.654 refers to paragraph (f)(3), but there is no paragraph (f)(3). This require s two corrections, as follows

. §63.654 Heat exchange systems.

* * * * * *
(f) The owner or operator may delay the repair of a leaking heat exchanger when one of the conditions in paragraphs (f)(1) and (f)(2) through (3) of this section is met. The owner or operator must determine if a delay of repair is necessary as soon as practicable, but no later than 45 days after first identifying the leak.
(1) If the repair is technically infeasible without a shutdown and the total strippable VOC concentration (as methane) is initially and rema ins less than 62 ppmv for all monthly monitoring periods during the delay of repair, the owner or operator may delay repair until the next scheduled shutdown of the heat exchange system. If, during subsequent monthly monitoring, the total strippable VOC co ncentration (as methane) is 62 ppmv or greater, the owner or operator must repair the leak within 30 days of the monitoring event in which the leak was equal to or exceeded 62 ppmv total strippable VOC (as methane) , except as provided in paragraph (f)(3) o f this section

. 1 1 . Correct the subpart reference in the Table 4 heading.

Table 4 pertains to overlap with the Gasoline Distribution MACT rule, which is part 63 subpart R. The heading for the Reference should read “sub part R” rather than “subpart Y.

1 2

. Correct the subscripts in the Table 7 Title.

The subscripts on the variables are shown as upper case in the title, but as lower case in the table
itself. The title s hould be corrected as follows.

TABLE 7

—— FRACTION MEASURED (F
M ) (F m ) , FRACTION EMITTED (F
E ) (F e ) , AND

FRACTION REMOVED (FR) (F r ) FOR HAP COMPOUNDS IN WASTEWATER STREAMS
12. Correct the citation error in §63.655(g)(2)(i)(B).

P aragraph 63.655(g)(2)(i)(B) should reference (g)(2)(i)(B)( 1 ) not (g)(2)(ii)(B)( 1 ).

13. Correct the incomplete and incorr ect citations in §63.655(g)(5).

Paragraph 63.655(g)(5) should reference “ (g)(5)(i) through (g)(5)(iii), as applicable” instead of “(g)(4)(i) through (g)(4)(iii), as applicable.”
Paragraph 63.655(g)(5)(i) should reference “(g)(5)(i)(A) and (g)(5)(i)(B)” rat her than “(g)(4)(i)(A) and (g)(4)(i)(B).”14. Correct t he location of the quotation mark in the note in Table 6 for §63.8(c)(4)

.

The quotation mark after the word rather in this note appears to be misplaced and should be moved to after the word hour, as follows.

Except Subpart CC specifies the monitoring cycle frequency specified in §63.8(c)(4)(ii) is “once every hour ” rather ” than “for each successive 15

- minute period.”
15. Correct the note for §63.10(b)(1) in Table 6.

The note in Table 6 for §63.10(b) (1) mistakenly references §63.644(d) and this should be corrected to §63.65 5 (e)

. Please let us know if you have any questions or if we can ampl if y on any of these comments.

Sincerely,

Matthew Todd API toddm@api.org (202) 682

- 8319 David Friedman NPRA dfriedman@npra.org (202) 552

- 8461

cc R. B. Lucas US EPA Office of Air Quality Planning and Standards Mail Drop E143

- 01 Research Triangle Park, NC 27711 lucas.bob@epa.gov