Federal Register / Vol. 83, No. 132 / Tuesday, July 10, 2018 / Proposed Rules 31939 

107See, e.g., Texas v. EPA, 2011 U.S. App. LEXIS 

5654 (5th Cir. 2011) (finding SIP call to 13 states 

to be nationally applicable and thus transferring the 

case to the U.S. Court of Appeals for the D.C. 

Circuit in accordance with CAA section 307(b)(1)); 

W. Va. Chamber of Commerce v. Browner, No. 98 

1013, 1998 U.S. App. LEXIS 30621, at *24 (4th Cir. 

1998) (finding the NOX SIP Call to be nationally 

applicable based on ‘‘the nationwide scope and 

interdependent nature of the problem, the large 

number of states, spanning most of the country, 

being regulated, the common core of knowledge and 

analysis involved in formulating the rule, and the 

common legal interpretation advanced of section 

110 of the Clean Air Act’’). Cf. Judgment, Cedar 

Falls Utilities v. EPA, No. 16–4504 (8th Cir. Feb. 22, 

2017) (transferring petition to review CSAPR 

Update to D.C. Circuit). 

Through this rulemaking action, the 

EPA is interpreting section 110 of the 

CAA, a statutory provision that applies 

to all states and territories in the United 

States. In addition, the proposed rule 

addresses emissions impacts and 

sources located in 20 States, which are 

located in multiple EPA Regions and 

federal circuits. The proposed rule is 

also based on a common core of factual 

findings and analyses concerning the 

transport of pollutants between the 

different states. Courts have found 

similar actions to be nationally 

applicable.107 Furthermore, EPA intends 

this interpretation and approach to be 

consistently implemented nationwide 

with respect to section 110(a)(2)(D)(i)(I) 

for the 2008 ozone NAAQS. 

For these reasons, the Administrator 

proposes to determine that any final 

action related to this proposal is 

nationally applicable or, in the 

alternative, is based on a determination 

of nationwide scope and effect for 

purposes of section 307(b)(1). Thus, 

pursuant to section 307(b) any petitions 

for review of any final actions regarding 

the rulemaking must be filed in the 

Court of Appeals for the District of 

Columbia Circuit within 60 days from 

the date any final action is published in 

the Federal Register. 

In addition, pursuant to sections 

307(d)(1)(C) and 307(d)(1)(V) of the 

CAA, the Administrator proposes to 

determine that this action is subject to 

the provisions of section 307(d). CAA 

section 307(d)(1)(B) provides that 

section 307(d) applies to, among other 

things, ‘‘the promulgation or revision of 

an implementation plan by the 

Administrator under CAA section 

110(c).’’ 42 U.S.C. 7407(d)(1)(B). Under 

section 307(d)(1)(V), the provisions of 

section 307(d) also apply to ‘‘such other 

actions as the Administrator may 

determine.’’ 42 U.S.C. 7407(d)(1)(V). 

The Agency has complied with 

procedural requirements of CAA section 

307(d) during the course of this 

rulemaking. 

List of Subjects in 40 CFR Part 52 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen oxides, Ozone, Particulate 

matter, Regional haze, Reporting and 

recordkeeping requirements, Sulfur 

dioxide. 

Dated: June 29, 2018. 

E. Scott Pruitt, 

Administrator. 

For the reasons stated in the 

preamble, part 52 of chapter I of title 40 

of the Code of Federal Regulations is 

proposed to be amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

§§ 52.54, 52.184, 52.731, 52.789, 52.840, 

52.882, 52.984, 52.1084, 52.1186, 52.1284, 

52.1326, 52.1584, 52.1684, 52.1882, 52.1930, 

52.2040, 52.2283, 52.2440, 52.2540, and 

52.2587 [Amended] 

■ 2. In 40 CFR part 52 remove the text 

‘‘, provided that because the CSAPR FIP 

was promulgated as a partial rather than 

full remedy for an obligation of the State 

to address interstate air pollution, the 

SIP revision likewise will constitute a 

partial rather than full remedy for the 

State’s obligation unless provided 

otherwise in the Administrator’s 

approval of the SIP revision’’ from the 

second sentence in each of the following 

paragraphs: 

■ a. Section 52.54(b)(2); 

■ b. Section 52.184(b); 

■ c. Section 52.731(b)(2); 

■ d. Section 52.789(b)(2); 

■ e. Section 52.840(b)(2); 

■ f. Section 52.882(b)(1); 

■ g. Section 52.984(d)(2); 

■ h. Section 52.1084(b)(2); 

■ i. Section 52.1186(e)(2); 

■ j. Section 52.1284(b); 

■ k. Section 52.1326(b)(2); 

■ l. Section 52.1584(e)(2); 

■ m. Section 52.1684(b)(2); 

■ n. Section 52.1882(b)(2); 

■ o. Section 52.1930(b); 

■ p. Section 52.2040(b)(2); 

■ q. Section 52.2283(d)(2); 

■ r. Section 52.2440(b)(2); 

■ s. Section 52.2540(b)(2); and 

■ t. Section 52.2587(e)(2). 

[FR Doc. 2018–14737 Filed 7–9–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[EPA–HQ–OAR–2010–0682; FRL–9980–66– 

OAR] 

RIN 2060–AU12 

National Emission Standards for 

Hazardous Air Pollutants and New 

Source Performance Standards: 

Petroleum Refinery Sector 

Amendments 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: This action proposes 

amendments to the National Emission 

Standards for Hazardous Air Pollutants 

(NESHAP) Refinery MACT 1, which was 

published in the Federal Register on 

December 1, 2015, and subsequently 

amended on July 13, 2016. The 

December 1, 2015, action was the result 

of a risk and technology review in 

which the Environmental Protection 

Agency (EPA) finalized amendments to 

Refinery MACT 1 and Refinery MACT 2. 

The July 13, 2016, action finalized 

technical corrections and clarifications, 

as well as changes to compliance dates 

for various emission sources, including 

the maintenance vent standards that 

apply during periods of startup, 

shutdown, maintenance, or inspection. 

In this action, the EPA is proposing to 

amend the compliance dates for 

maintenance vents to January 30, 2019. 

These proposed revisions do not affect 

any other requirements in the December 

1, 2015, or July 13, 2016, final actions. 

This proposed action will have an 

insignificant effect on emissions 

reductions and no effect on costs. 

DATES: 

Comments. Comments must be 

received on or before August 9, 2018. 

Public Hearing. If a public hearing is 

requested by July 16, 2018, then we will 

hold a public hearing on July 25, 2018 

at the location described in the 

ADDRESSES section. The last day to preregister in advance to speak at the 

public hearing will be July 23, 2018. 

ADDRESSES: Comments. Submit your 

comments, identified by Docket ID No. 

EPA–HQ–OAR–2010–0682, at https://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

See SUPPLEMENTARY INFORMATION for 

detail about how the EPA treats 

submitted comments. Regulations.gov is 

our preferred method of receiving 

comments. However, the following 


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31940 Federal Register / Vol. 83, No. 132 / Tuesday, July 10, 2018 / Proposed Rules 

other submission methods are also 

accepted: 

• Email: a-and-r-docket@epa.gov. 

Include Docket ID No. EPA–HQ–OAR– 

2010–0682 in the subject line of the 

message. 

• Fax: (202) 566–9744. Attention 

Docket ID No. EPA–HQ–OAR–2010– 

0682. 

• Mail: To ship or send mail via the 

United States Postal Service, use the 

following address: U.S. Environmental 

Protection Agency, EPA Docket Center, 

Docket ID No. EPA–HQ–OAR–2010– 

0682, Mail Code 28221T, 1200 

Pennsylvania Avenue NW, Washington, 

DC 20460. 

• Hand/Courier Delivery: Use the 

following Docket Center address if you 

are using express mail, commercial 

delivery, hand delivery, or courier: EPA 

Docket Center, EPA WJC West Building, 

Room 3334, 1301 Constitution Avenue 

NW, Washington, DC 20004. Delivery 

verification signatures will be available 

only during regular business hours. 

FOR FURTHER INFORMATION CONTACT: For 

questions about this proposed action, 

contact Ms. Brenda Shine, Sector 

Policies and Programs Division (E143– 

01), Office of Air Quality Planning and 

Standards, U.S. Environmental 

Protection Agency, Research Triangle 

Park, North Carolina 27711; telephone 

number: (919) 541–3608; fax number: 

(919) 541–0516; and email address: 

shine.brenda@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Public Hearing. If a public hearing is 

requested, it will be held at the EPA 

WJC East Building, 1201 Constitution 

Avenue NW, Washington, DC 20004. If 

a public hearing is requested, then we 

will provide details about the public 

hearing on our website at: https://

www.epa.gov/stationary-sources-airpollution/petroleum-refinery-sector-riskand-technology-review-and-new-source. 

The EPA does not intend to publish 

another document in the Federal 

Register announcing any updates on the 

request for a public hearing. Please 

contact Ms. Virginia Hunt at (919) 541– 

0832 or by email at hunt.virginia@

epa.gov to request a public hearing, to 

register to speak at the public hearing, 

or to inquire as to whether a public 

hearing will be held. 

The EPA will make every effort to 

accommodate all speakers who arrive 

and register. If a hearing is held at a U.S. 

government facility, individuals 

planning to attend should be prepared 

to show a current, valid state- or federalapproved picture identification to the 

security staff in order to gain access to 

the meeting room. An expired form of 

identification will not be permitted. 

Please note that the Real ID Act, passed 

by Congress in 2005, established new 

requirements for entering federal 

facilities. If your driver’s license is 

issued by a noncompliant state, you 

must present an additional form of 

identification to enter a federal facility. 

Acceptable alternative forms of 

identification include: Federal 

employee badge, passports, enhanced 

driver’s licenses, and military 

identification cards. Additional 

information on the Real ID Act is 

available at https://www.dhs.gov/realid-frequently-asked-questions. 

Docket. The EPA has established a 

docket for this rulemaking under Docket 

ID No. EPA–HQ–OAR–2010–0682. All 

documents in the docket are listed in 

Regulations.gov. Although listed, 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. Publicly 

available docket materials are available 

either electronically in Regulations.gov 

or in hard copy at the EPA Docket 

Center, Room 3334, EPA WJC West 

Building, 1301 Constitution Avenue 

NW, Washington, DC. The Public 

Reading Room is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744, and the telephone 

number for the EPA Docket Center is 

(202) 566–1742. 

Instructions. Direct your comments to 

Docket ID No. EPA–HQ–OAR–2010– 

0682. The EPA’s policy is that all 

comments received will be included in 

the public docket without change and 

may be made available online at https:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be CBI or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through https://

www.regulations.gov or email. This type 

of information should be submitted by 

mail as discussed below. 

The EPA may publish any comment 

received to its public docket. 

Multimedia submissions (audio, video, 

etc.) must be accompanied by a written 

comment. The written comment is 

considered the official comment and 

should include discussion of all points 

you wish to make. The EPA will 

generally not consider comments or 

comment contents located outside of the 

primary submission (i.e., on the Web, 

cloud, or other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. 

The https://www.regulations.gov 

website allows you to submit your 

comments anonymously, which means 

the EPA will not know your identity or 

contact information unless you provide 

it in the body of your comment. If you 

send an email comment directly to the 

EPA without going through https://

www.regulations.gov, your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the internet. If you 

submit an electronic comment, the EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

digital storage media you submit. If the 

EPA cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, the EPA may not 

be able to consider your comment. 

Electronic files should not include 

special characters or any form of 

encryption and be free of any defects or 

viruses. For additional information 

about the EPA’s public docket, visit the 

EPA Docket Center homepage at https:// 

www.epa.gov/dockets. 

Submitting CBI. Do not submit 

information containing CBI to the EPA 

through https://www.regulations.gov or 

email. Clearly mark the part or all of the 

information that you claim to be CBI. 

For CBI information on any digital 

storage media that you mail to the EPA, 

mark the outside of the digital storage 

media as CBI and then identify 

electronically within the digital storage 

media the specific information that is 

claimed as CBI. In addition to one 

complete version of the comments that 

includes information claimed as CBI, 

you must submit a copy of the 

comments that does not contain the 

information claimed as CBI directly to 

the public docket through the 

procedures outlined in Instructions 

above. If you submit any digital storage 

media that does not contain CBI, mark 

the outside of the digital storage media 

clearly that it does not contain CBI. 

Information not marked as CBI will be 

included in the public docket and the 

EPA’s electronic public docket without 

prior notice. Information marked as CBI 

will not be disclosed except in 

accordance with procedures set forth in 

40 Code of Federal Regulations (CFR) 

part 2. Send or deliver information 

identified as CBI only to the following 


amozie on DSK3GDR082PROD with PROPOSALS1
Federal Register / Vol. 83, No. 132 / Tuesday, July 10, 2018 / Proposed Rules 31941 

address: OAQPS Document Control 

Officer (C404–02), OAQPS, U.S. 

Environmental Protection Agency, 

Research Triangle Park, North Carolina 

27711, Attention Docket ID No. EPA– 

HQ–OAR–2010–0682. 

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: 

AFPM American Fuel and Petrochemical 

Manufacturers 

API American Petroleum Institute 

CAA Clean Air Act 

CBI Confidential Business Information 

CFR Code of Federal Regulations 

EPA Environmental Protection Agency 

HAP hazardous air pollutant(s) 

LEL lower explosive limit 

MACT maximum achievable control 

technology 

NESHAP national emission standards for 

hazardous air pollutants 

NTTAA National Technology Transfer and 

Advancement Act 

OAQPS Office of Air Quality Planning and 

Standards 

OMB Office of Management and Budget 

PRA Paperwork Reduction Act 

RFA Regulatory Flexibility Act 

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? 

II. Background 

III. What actions are we proposing? 

IV. Summary of Cost, Environmental, and 

Economic Impacts 

V. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

B. Executive Order 13771: Reducing 

Regulations and Controlling Regulatory 

Costs 

C. Paperwork Reduction Act (PRA) 

D. Regulatory Flexibility Act (RFA) 

E. Unfunded Mandates Reform Act 

(UMRA) 

F. Executive Order 13132: Federalism 

G. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

H. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

I. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

J. National Technology Transfer and 

Advancement Act (NTTAA) 

K. Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations. 

I. General Information 

A. Does this action apply to me? 

Table 1 of this preamble lists the 

NESHAP and associated regulated 

industrial source categories that are the 

subject of this proposal. Table 1 is not 

intended to be exhaustive, but rather 

provides a guide for readers regarding 

the entities that this proposed action is 

likely to affect. The proposed standards, 

once promulgated, will be directly 

applicable to the affected sources. 

Federal, state, local, and tribal 

government entities would not be 

affected by this proposed action. As 

defined in the Initial List of Categories 

of Sources Under Section 112(c)(1) of 

the Clean Air Act Amendments of 1990 

(see 57 FR 31576, July 16, 1992), the 

category titled Petroleum Refineries— 

Other Sources Not Distinctly Listed 

includes any facility engaged in 

producing gasoline, napthas, kerosene, 

jet fuels, distillate fuel oils, residual fuel 

oils, lubricants, or other products from 

crude oil or unfinished petroleum 

derivatives. This category includes all 

refinery emission sources except for 

three process vent sources listed in the 

Petroleum Refineries—Catalytic 

Cracking (Fluid and Other) Units, 

Catalytic Reforming Units, and Sulfur 

Plant Units source category. The 

refinery process units in the Petroleum 

Refineries—Other Sources Not 

Distinctly Listed source category 

include, but are not limited to, thermal 

cracking, vacuum distillation, crude 

distillation, hydroheating/ 

hydrorefining, isomerization, 

polymerization, lube oil processing, and 

hydrogen production. 

TABLE 1—NESHAP AND INDUSTRIAL SOURCE CATEGORIES AFFECTED BY THIS PROPOSED ACTION

Source category NESHAP NAICS code 1

Petroleum Refineries .................................................................. 40 CFR part 63, subpart CC ..................................................... 324110 

1 North American Industry Classification System. 

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 action 

is available on the internet. Following 

signature by the EPA Administrator, the 

EPA will post a copy of this proposed 

action at https://www.epa.gov/ 

stationary-sources-air-pollution/ 

petroleum-refinery-sector-risk-andtechnology-review-and-new-source. 

Following publication in the Federal 

Register, the EPA will post the Federal 

Register version of the proposal and key 

technical documents at this same 

website. 

A redline version of the regulatory 

language that incorporates the proposed 

changes in this action is available in the 

docket for this action (Docket ID No. 

EPA–HQ–OAR–2010–0682). 

II. Background 

The EPA initially promulgated 

NESHAP pursuant to the Clean Air Act 

(CAA) sections 112(d)(2) and (3) for 

major sources in the Petroleum 

Refineries—Other Sources Not 

Distinctly Listed source category on 

August 18, 1995, in 40 CFR part 63, 

subpart CC. These standards are also 

referred to as maximum achievable 

control technology (MACT) standards 

and this NESHAP for petroleum 

refineries is commonly referred to as 

Refinery MACT 1. The 1995 Refinery 

MACT 1 rule regulates miscellaneous 

process vents, storage vessels, 

wastewater, equipment leaks, gasoline 

loading racks, and marine tank vessel 

loading. 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 a residual risk 

and technology review of Refinery 

MACT 1, publishing final amendments 

on December 1, 2015. The December 1, 

2015, final amendments included 

revisions to the Refinery MACT 1 

requirements for process vents 

designated as ‘‘maintenance vents.’’ 

Maintenance vents are used only during 

startup, shutdown, maintenance, or 

inspection of equipment activities 

during which 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 


amozie on DSK3GDR082PROD with PROPOSALS1
31942 Federal Register / Vol. 83, No. 132 / Tuesday, July 10, 2018 / Proposed Rules 

1Supplemental Request for Administrative 

Reconsideration of Targeted Elements of the EPA’s 

Final Rule ‘‘Petroleum Refinery Sector Risk and 

Technology Review and New Source Performance 

Standards; Final Rule’’ Howard Feldman, API, and 

David Friedman, AFPM. February 1, 2016. Docket 

Item No.: EPA–HQ–OAR–2010–0682–0892. 

2Letter from Matt Todd, API, and David 

Friedman, AFPM, to P. Lassiter, EPA. July 12, 2016. 

Available in Docket ID: EPA–HQ–OAR–2010–0682– 

0914. 

3Letter from Matt Todd, API, and David 

Friedman, AFPM, to P. Lassiter, EPA. March 28, 

2017. Available in Docket ID: EPA–HQ–OAR–2010– 

0682–0915. 

4Todd, Matt. ‘‘Examples.’’ Message to Brenda 

Shine. September 11, 2017. Email. Available in 

Docket ID: EPA–HQ–OAR–2010–0682–0927. 

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. The 

compliance date included in the 

December 1, 2015, final rule for 

maintenance vents located at sources 

constructed on or before June 30, 2014, 

was February 1, 2016 (the effective date 

of the December 1, 2015, final 

amendments). 

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 the EPA 

reconsider the compliance date for 

maintenance vents located at sources 

constructed on or before June 30, 2014, 

among other issues. 

In response to this petition, on July 

13, 2016, the EPA revised the 

compliance date for maintenance vents 

located at sources constructed on or 

before June 30, 2014, from February 1, 

2016, to August 1, 2017 (81 FR 45232; 

July 13, 2016). 

III. What actions are we proposing? 

In this action, the EPA is proposing to 

revise the compliance date for 

maintenance vents located at sources 

constructed on or before June 30, 2014, 

from August 1, 2017, to January 30, 

2019. This proposed compliance date 

would provide petroleum refinery 

owners or operators with an additional 

18 months to achieve compliance. The 

EPA is aware that many refineries have 

made good faith efforts to achieve 

compliance, including applying for and 

receiving an additional 12-month 

compliance extension. This makes their 

compliance deadline August 1, 2018, 

under the procedures provided in the 

General Provisions at 40 CFR 63.6(i). 

The compliance date included in this 

proposal (i.e., January 30, 2019) is 3 

years from the effective date of the 

December 1, 2015, final rule (i.e., 

February 1, 2016). This proposed 

compliance date is consistent with CAA 

section 112(i)(3)(A), which specifies that 

the EPA provide a compliance date no 

more than 3 years after the effective date 

of the standard. 

The EPA is proposing to amend the 

compliance date due to challenges 

petroleum refinery owners or operators 

have experienced in attempting to 

comply with the December 1, 2015, final 

rule requirements notwithstanding the 

additional compliance time provided in 

the July 13, 2016, final rule (i.e., August 

1, 2017) and the compliance extension 

procedure in 40 CFR 63.6(i) (i.e., August 

1, 2018). The new requirements for 

maintenance vents promulgated in the 

December 1, 2015, rule resulted in the 

need for completing the ‘‘management 

of change process’’ for affected sources 

(81 FR 45232, 45237, July 13, 2016). The 

management of change process includes 

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 prestartup safety reviews, and 

implementing the change as required by 

other regulatory programs. Some 

refinery owners or operators have also 

indicated the need to install additional 

control equipment to meet the new 

requirements, which would require 

additional engineering design, site 

preparation, and installation. 

Additionally, the EPA has received 

various requests from industry 

stakeholders for clarification regarding 

the maintenance vent provisions.1234

In consideration of these submissions, 

the EPA has proposed technical 

corrections and clarifications for 

maintenance vents in a proposed rule 

which was published in the Federal 

Register on April 10, 2018. The public 

comment period for this proposed rule 

closed on May 25, 2018. The April 10, 

2018, proposed rule directly affects 

compliance for maintenance vents and, 

therefore, creates uncertainty for 

affected sources, affecting the ability of 

refinery owners or operators to fully 

invest in compliance solutions. 

A compliance date of January 30, 

2019, will provide sufficient time for the 

EPA to take final action on the April 10, 

2018, proposal, and sufficient time for 

sources to complete the management of 

change process and to fully invest in 

compliance solutions. 

IV. Summary of Cost, Environmental, 

and Economic Impacts 

The additional compliance time will 

have an insignificant effect on emission 

reductions and no effect on costs. The 

amount of time the maintenance vents 

are used are relatively infrequent and 

are usually of short duration (81 FR 

45237, July 13, 2016). In addition, the 

proposed compliance date only 

provides approximately 6 months 

additional time beyond the August 1, 

2018, compliance date for facilities that 

received a compliance extension under 

the procedure in 40 CFR 63.6(i). 

V. Statutory and Executive Order 

Reviews 

Additional information about these 

statutes and Executive Orders can be 

found at https://www.epa.gov/lawsregulations/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. Executive Order 13771: Reducing 

Regulations and Controlling Regulatory 

Costs 

This action is not expected to be an 

Executive Order 13771 regulatory action 

because this action is not significant 

under Executive Order 12866. 

C. Paperwork Reduction Act (PRA) 

This action does not impose any new 

information collection burden under the 

PRA. The OMB has previously approved 

the information collection activities 

contained in the existing regulations at 

40 CFR part 63, subparts CC and UUU 

under the provisions of the PRA, 44 

U.S.C. 3501 et seq., and has assigned the 

OMB control numbers 2060–0340 and 

2060–0554. The proposed amendments 

are revisions to compliance dates that 

do not affect the estimated burden of the 

existing rule. Therefore, we have not 

revised the information collection 

request for the existing rule. 

D. 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 


amozie on DSK3GDR082PROD with PROPOSALS1
Federal Register / Vol. 83, No. 132 / Tuesday, July 10, 2018 / Proposed Rules 31943 

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 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. 

E. 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. 

F. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will not have substantial 

direct effects on the states, the 

relationship between the national 

government and the states, or the 

distribution of power and 

responsibilities among the various 

levels of government. 

G. 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. 

H. 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 proposed amendments 

revise compliance dates. 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 proposed amendments 

should not appreciably increase risk for 

any populations. 

I. 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. 

J. National Technology Transfer and 

Advancement Act (NTTAA) 

This rulemaking does not involve 

technical standards. 

K. 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, lowincome populations and/or indigenous 

peoples, as specified in Executive Order 

12898 (59 FR 7629, February 16, 1994). 

The proposed amendments revise 

compliance dates. 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. 

Additionally, the proposed compliance 

date only provides approximately 6 

months beyond the August 1, 2018, 

compliance date for facilities operating 

under the compliance extension 

procedure in 40 CFR 63.6(i). Therefore, 

the proposed amendments should not 

appreciably increase risk for any 

populations. 

List of Subjects in 40 CFR Parts 60 

and 63 

Environmental protection, 

Administrative practice and procedures, 

Air pollution control, Hazardous 

substances, Intergovernmental relations, 

Reporting and recordkeeping 

requirements. 

Dated: July 3, 2018. 

E. Scott Pruitt, 

Administrator. 

For the reasons stated in the 

preamble, title 40, chapter I, of the Code 

of Federal Regulations is proposed to be 

amended as follows: 

PART 63—NATIONAL EMISSION 

STANDARDS FOR HAZARDOUS AIR 

POLLUTANTS FOR SOURCE 

CATEGORIES 

■ 1. The authority citation for part 63 

continues to read as follows: 

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

Subpart CC—National Emission 

Standards for Hazardous Air Pollutants 

From Petroleum Refineries 

■ 2. The appendix to subpart CC is 

amended by revising items 2(iv), 3(iv) 

and 4(v) in table 11 to read as follows: 

Appendix to Subpart CC of Part 63— 

Tables 

* * * * * 

Table 11—Compliance Dates and 

Requirements 

* * * * * 

If the construction/ 

reconstruction date is . . . 

Then the owner or operator must 

comply with . . . 

And the owner or 

operator must achieve compliance 

. . . 

Except as provided in . . . 

*******

(2) * * * ........................................ (iv) Requirements for existing 

sources in § 63.643(c).

On or before January 30, 2019 .... §§ 63.640(k), (l), and (m) and 

63.643(d). 

* * * * * * * 

(3) * * * ........................................ (iv) Requirements for existing 

sources in § 63.643(c).

On or before January 30, 2019 .... §§ 63.640(k), (l), and (m) and 

63.643(d). 

* * * * * * * 

(4) * * * ........................................ (v) Requirements for existing 

sources in § 63.643(c).

On or before January 30, 2019 .... §§ 63.640(k), (l), and (m) and 

63.643(d). 


amozie on DSK3GDR082PROD with PROPOSALS1
31944 Federal Register / Vol. 83, No. 132 / Tuesday, July 10, 2018 / Proposed Rules 

1Publication No. DOT HS 812 442. 

If the construction/ 

reconstruction date is . . . 

Then the owner or operator must 

comply with . . . 

And the owner or 

operator must achieve compliance 

. . . 

Except as provided in . . . 

*******

[FR Doc. 2018–14736 Filed 7–9–18; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Chapter III, Subchapter B 

[Docket No. FMCSA–2018–0037] 

Federal Motor Carrier Safety 

Regulations (FMCSRs) Which May Be 

a Barrier to the Safe Integration of 

Automated Driving Systems in 

Commercial Vehicle Operations; Public 

Meeting 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of public listening 

session. 

SUMMARY: The FMCSA announces a 

public listening session on July 12, 

2018, to solicit information on issues 

relating to the design, development, 

testing, and integration of automated 

driving systems (ADS) equipped 

commercial motor vehicles (CMVs) on 

our Nation’s roadways. The listening 

session will provide interested parties 

an opportunity to share their views on 

the FMCSRs as they relate to the 

development and safe integration of 

ADS. It will also allow FMCSA to share 

with stakeholders the ADS strategy and 

open a channel for two-way 

communication. This listening session 

will supplement the information 

gathered from FMCSA’s previous 

requests for comment on issues related 

to automation. The session will be 

conducted at the same location as the 

2018 Automated Vehicles Symposium 

sponsored by the Association for 

Unmanned Vehicle Systems 

International and the Transportation 

Research Board. During the session 

representatives from FMCSA and the 

Federal Highway Administration 

(FHWA) will solicit information on 

issues relating to the design, 

development, testing and integration of 

ADS-equipped commercial vehicles. 

Attendees are also encouraged to share 

any data or analysis on this topic with 

FMCSA and FHWA representatives. 

DATES: The meeting will be held 

Thursday, July 12, 2018, from 1:30 p.m. 

to 3:30 p.m., Pacific Daylight Time 

(PDT). Comments will be accepted from 

in-person participants as well as 

comments submitted via the internet. If 

all interested participants have had an 

opportunity to comment, the session 

may conclude early. 

ADDRESSES: The public listening session 

will be held as part of the 2018 

Automated Vehicles Symposium at the 

Hilton San Francisco Union Square, 333 

O’Farrell Street, San Francisco, 

California 94102. Participation in the 

listening session is free. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Michael Huntley, Division Chief, 

Vehicle and Roadside Operations 

Division, Office of Carrier, Driver and 

Vehicle Safety, MC–PSV, (202) 366– 

9209, michael.huntley@dot.gov, Federal 

Motor Carrier Safety Administration, 

U.S. Department of Transportation, 1200 

New Jersey Avenue SE, Washington, DC 

20590–0001. 

Services for Individuals With 

Disabilities: For information on facilities 

or services for individuals with 

disabilities or to request special 

assistance at the meeting, please contact 

Victoria Waters, (734) 647–4217 by July 

2, 2018. 

SUPPLEMENTARY INFORMATION: 

Background 

The FMCSA is responsible for 

overseeing the safety of CMVs, their 

drivers, and those motor carriers 

operating CMVs in interstate commerce. 

The Agency works with Federal, State, 

and local enforcement agencies, the 

motor carrier industry, safety groups, 

and organized labor to reduce crashes, 

injuries, and fatalities involving large 

trucks and buses. 

The FMCSRs provide rules to ensure 

the safe operation of CMVs, as defined 

in 49 CFR 390.5, which includes 

vehicles with a gross vehicle weight/ 

gross combination weight or gross 

vehicle weight rating/gross combination 

weight rating, whichever is greater, of 

10,001 pounds or more; passengercarrying vehicles designed or used to 

transport 9 to 15 passengers for direct 

compensation; passenger-carrying 

vehicles designed or used to transport 

16 or more passengers; and any size 

vehicle transporting hazardous 

materials in a quantity requiring 

placards. 

On September 12, 2017, the 

Department published the Automated 

Driving Systems (ADS): A Vision for 

Safety 2.0. (the Voluntary Guidance), 

adopting the SAE International (SAE) 

J3016 standard’s definition for levels of 

automation.1 The SAE definitions 

divide vehicles into levels base on ‘‘who 

does what, when.’’ Generally: 

• SAE Level 0, No Driving 

Automation; the driver performs all 

driving tasks. 

• SAE Level 1, Driver Assistance; the 

vehicle is controlled by the driver, but 

some driving assist features may be 

included in the vehicle design. 

• SAE Level 2, Partial Driving 

Automation; the vehicle has combined 

automated functions, like acceleration 

and steering, but the driver must remain 

engaged with the driving task and 

monitor the environment at all times. 

• SAE Level 3, Conditional Driving 

Automation; the driver is a necessity, 

but is not required to monitor the 

environment. The driver must be ready 

to take control of the vehicle at all times 

with notice. 

• SAE Level 4, High Driving 

Automation; the vehicle is capable of 

performing all driving functions under 

certain conditions. The driver may have 

the option to control the vehicle. 

• SAE Level 5, Full Driving 

Automation: the vehicle is capable of 

performing all driving functions under 

all conditions. 

Using the SAE levels described above, 

the Department draws a distinction 

between Levels 0–2 and 3–5 based on 

whether the human driver or the 

automated system is primarily 

responsible for monitoring the driving 

environment. For the purposes of this 

Federal Register notice and the July 12 

public listening session, the Agency’s 

primary focus is SAE Levels 3–5 ADS. 

The FMCSA encourages the 

development of these advanced safety 

technologies for use in CMVs. The 

Agency also recognizes the need to work 

with the States and localities to ensure 

that all testing and use of these 

advanced safety systems supports the 

safe operation and deployment of ADSequipped CMVs. 

FMCSA’s 2018 Request for Comments 

On March 28, 2018, FMCSA 

published ‘‘Request for Comments 

Concerning Federal Motor Carrier Safety 

Regulations (FMCSRs) Which May Be a 


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