From: Brenda Shine/RTP/USEPA/US@EPA 

Sent: 02/14/2012 11:15 AM

To: "Higgins, Cortney" <Cortney_Higgins@omb.eop.gov>

Cc: Penny Lassiter/RTP/USEPA/US@EPA, Susan Stahle/DC/USEPA/US@EPA

Subject: RE: Invitation: E.O. 12866 Petrleum Refineries Subpart J 2060-AN72 Final Rule (Feb 

14 03:00 PM EST in PLO Call-in # 919-541-4332)

Hi Cortney,

Attached are materials for today's call.

<< Refinery NSPS Subpart Ja OMB Briefing.ppt >>

From: "Higgins, Cortney" <Cortney_Higgins@omb.eop.gov> 

Sent: 02/14/2012 10:16 AM

To: Penny Lassiter/RTP/USEPA/US@EPA

Cc: Brenda Shine/RTP/USEPA/US@EPA

Subject: RE: Invitation: E.O. 12866 Petrleum Refineries Subpart J 2060-AN72 Final Rule (Feb 

14 03:00 PM EST in PLO Call-in # 919-541-4332)

Hi, 

Can you send slides or briefing materials ahead of this call? 

Thanks, 

Cortney 

-----Original Appointment-----

From: Penny Lassiter/RTP/USEPA/US@EPA 

Sent: Friday, February 10, 2012 5:00 PM

To: Penny Lassiter/RTP/USEPA/US@EPA, Brenda Shine/RTP/USEPA/US@EPA, 

"Higgins, Cortney" <Cortney_Higgins@omb.eop.gov>, Susan Stahle/DC/USEPA/US; 

SPPD Phone Line x4332/Phone Line/RTP OAQPS BLDG C

Subject: RE: Invitation: E.O. 12866 Petrleum Refineries Subpart J 2060-AN72 Final Rule (Feb 

14 03:00 PM EST in PLO Call-in # 919-541-4332)

When: Tuesday, February 14, 2012 3:00 PM-4:00 PM Eastern.

Where: PLO Call-in # 919-541-4332
1

Final Petroleum Refinery Flare and 

Process Heater NSPS

Briefing for OMB

February 14, 2012
2

Refinery NSPS Overview

 Final court-ordered action on comprehensive changes 

and additions to the Refinery NSPS on 6/24/2008

 Petitions for review/reconsideration received from 

Industry petitioners, Hovensa, and Environmental 

petitioners

 Ten major issues identified

 An additional list of 82 other issues from API

 Granted reconsideration for process heaters and flares

 Stayed the requirements until final action

 Proposed amendments 12/22/08

 Ready to take final action on these amendments

 Granted reconsideration of all remaining issues, 

including consideration of GHG standards, on 12/29/09
3

Flare System Provisions

 Best Demonstrated System of Emission Reduction

 Minimize or eliminate flaring (reduce SO2, NOx, CO, PM and VOC 

emissions and energy consumption)

 Quick modifications trigger 

 Any physical or operational change to the flare that increases 

emissions from the flare makes a flare an affected source

 We proposed a limited number of exclusions

 Reasonable requirements

 Flare management plan to identify and minimize routine flow, but no 

hard flow limits

 Continuous flow and sulfur monitoring in flare header, except for 

flares that are used very infrequently

 Root cause analysis and corrective action for flaring events

 Because small routine changes will catch existing sources, they will 

have 3 years to comply with the rule
4

Process Heaters

 Best Demonstrated System of Emission Reduction

 Based on combustion controls

 Add-on NOx reduction control devices not considered because:

 Combustion controls substantially reduce emissions

 Add-ons for this application create fine PM

 Add-ons use substantial amounts of energy while NOx combustion controls 

save energy

 Limits recognize differences in design and operation

 Allow case-by-case standards for certain heaters that:

 Operate at substantially reduced firing rates (turndown)

 Cannot retrofit controls (modified/reconstructed only)

 Co-fire oil and gas in same burner
5

Appendix

 Refinery Subpart Ja Emission Sources

 Petition Issues

 Exclusions for Flare Modifications

 History of Subpart Ja Amendments
6

Refinery Subpart Ja Emission Sources

Emission sources Pollutants addressed

Fluid Catalytic Cracking Units PM, SO2, NOx, CO

Fluid Coking Units PM, SO2, NOx, CO

Delayed Coking Units VOC, SO2

Flare systems SO2, VOC, NOx, PM, CO

Process Heaters NOx

Fuel gas systems SO2

Sulfur Plants SO2, H2S
7

Petition Issues

1. The definition of “modification” for flares

2. The definition of “flare”

3. The fuel gas combustion device sulfur limits for flares

4. The flow limit for flare systems

5. The total reduced sulfur and flow monitoring requirements for 

flares

6. The nitrogen oxide (NOx) limit for process heaters

7. The depressurization work practice standard for cokers

8. The NOx limit for fluid catalytic cracking units (FCCU)

9. The particulate matter limit for FCCU

10. EPA’s decision not to promulgate standards for greenhouse 

gas emissions
8

Exclusions for Final Flare Modifications

 Proposed to exclude connections to install monitoring systems, to 

install flare gas recovery systems, and to replace or upgrade 

existing relief valves with equal or lower instantaneous release 

potential

 Additional exclusions per API comments include connections to 

interconnect flares, to allow flare gas sulfur removal, to install 

redundant equipment, and to upgrade or enhance recovery systems

 Other API connection exclusions were not adopted

 Any connections that do not result in a net increase in emissions 

 Use of the flare as a control device, including from tanks used to store 

sweet products

 Pressure relief valves

 Additions of “unregulated gases” such as hydrogen, nitrogen, ammonia

 New connections that do not exceed a flare gas recovery system 

capacity

 Temporary connections
9

Emission 

Point Aspect Proposal

(May 14, 2007)

Final

(June 24, 2008)

Proposal

(December 22, 2008)

Final

(Draft)

Process 

Heaters

Applicability > 20 MM BTU/hr, 

M/R/N after May 14, 

2007

> 40 MM BTU/hr, 

M/R/N after May 14, 

2007

Same as 6/24/08 final rule Same as 6/24/08 final rule

Averaging time 24-hour rolling average 24-hour rolling average 365-day rolling average 30-day rolling average

Continuous 

Compliance

CEMS for all CEMS for > 100 MM 

Btu/hr, others CPMS

Same as 6/24/08 final rule 

(allow CEMS for all)

Same as 12/22/08 proposal

Natural Draft 

NOx Emission 

Limits

80 ppmv 40 ppmv 40 ppmv or 0.035 lb/MM 

BTU

40 ppmv or 0.04 lb/MM BTU

Forced Draft 

NOx Emission 

Limits

80 ppmv 40 ppmv New: 40 ppmv or 0.035 

lb/MM BTU 

M/R: 60 ppmv or 0.055 

lb/MM BTU

60 ppmv or 0.06 lb/MM BTU

Cofired Burner 

(oil and gas) 

NOx Emission 

Limits

80 ppmv 40 ppmv 150 ppmv; Weighted average 

based on oil at 0.27 lb/MM 

BTU and gas at 0.08 lb/MM 

BTU

150 ppmv; Weighted average 

based on oil at 0.40 lb/MM 

BTU and gas at 0.11 lb/MM 

BTU forced draft and weighted 

average based on oil at 0.35 

lb/MM BTU and gas at 0.06 

lb/MM BTU for natural draft

Alternative 

emissions 

standards 

None None Alternative limit petition for 

M/R or cofired units 

Same as 12/22/08 proposal 

except adding turndown

History of Subpart Ja Amendments
10

History of Subpart Ja Amendments

Emission 

Point Aspect Proposal(May 14, 2007)

Final

(June 24, 2008)

Proposal

(December 22, 2008)

Final

(Draft)

Fuel Gas 

Combustion 

Devices 

Other Than 

Flares 

SO2 

Standard and 

averaging 

time

160 ppmv H2S (TRS for 

cokers) (3-hour); 

60 ppmv H2S (TRS for 

cokers) (annual rolling 

average) 

162 ppmv H2S (3-hour); 

60 ppmv H2S (annual rolling 

average) 

Same as 6/24/08 final rule Same as 6/24/08 final rule 

Flares Applicability Flares that service 

N/M/R individual fuel 

gas-producing units 

New or reconstructed flare 

systems or existing flare 

systems that are physically 

altered to increase flow or to 

add new connections. 

Applicability moved to final 

rule date rather than 

proposal

Same as 6/24/08 final rule, 

except exclude: 

1) connections to install 

monitoring systems, 

2) connections to install 

flare gas recovery systems, 

3) connections to replace 

pressure relief valves

Same as 12/22/08 proposal 

except added more exclusions:

1) flare interconnects

2) connections for flare gas 

sulfur removal

3) connections for redundant 

equipment

4) connections to upgrade or 

enhance recovery systems 

SO2 

Standard and 

averaging 

time

160 ppmv H2S (TRS for 

cokers) (3-hour); 

60 ppmv H2S (TRS for 

cokers) (annual rolling 

average) 

162 ppmv H2S (3-hour); 

60 ppmv H2S (annual rolling 

average) 

Same as 6/24/08 final rule -short term concentration limit 

162 ppmv H2S (3-hour) 

-drop the 60 ppmv H2S annual 

limit
11

History of Subpart Ja Amendments

Emission 

Point Aspect Proposal

(May 14, 2007)

Final

(June 24, 2008)

Proposal

(December 22, 2008)

Final

(Draft)

Flares Compliance 

date

New sources at 

startup. M/R sources 

at startup

New/reconstructed flares: all 

substantive requirements 

apply at start-up. Modified 

flares: comply with SO2 

standard at start-up, and all 

other requirements 1 year 

after triggering applicability

New/reconstructed flares: 

same as 6/24/08 final rule. 

Modified flares: comply with 

SO2 standard at start-up, and 

all other requirements 18 

months or up to 2 years if 

recovery system is installed

New/reconstructed flares: 

same as 6/24/08 final rule. 

Modified flares: 3 years to 

install controls

Flow limits No Routine Flaring for 

the individual FGPU.

Flare system-wide flow limit 

of 250,000 SCFD

No limits Same as 12/22/08 proposal

Plans SSM plan for 

individual FGPU

General Flare Management 

Plan (FMP)

More detailed FMP –

including timetables for 

conducting RCA and 

corrective action

Same as 12/22/08 proposal 

except must establish base 

load for RCA and SS planning 

and reporting

Upsets and 

Malfunctions 

Flared gases resulting 

from malfunctions or 

relief valve leakage 

exempt from SO2 

standards and routine 

flaring prohibition

Same as May 14, 2007 except 

malfunctions and relief valve 

leakage also exempt from the 

flow limit.

Flared gases resulting from 

malfunctions or relief valve 

leakage exempt from SO2 

standards

Same as 12/22/08 proposal.

Startup and 

shutdown 

events

SS events not excluded 

from SO2 standards or 

from the flaring 

prohibition

SS events not excluded from 

SO2 standards (same as 

5/14/2007 proposal) or from 

the flow limit

SS events exempt from SO2 

standards

Same as 12/22/08 proposal.
12

History of Subpart Ja Amendments

Emission 

Point Aspect Proposal

(May 14, 2007)

Final

(June 24, 2008)

Proposal

(December 22, 2008)

Final

(Draft)

Flares Root Cause 

Analysis for 

SO2

All events over 

500 lbs/day SO2

Same as May 14, 2007 

proposal

RCA for over 500 lbs SO2 in 

a 24-hour period

Same as 12/22/08 proposal

Root Cause 

Analysis for 

flow

Not addressed RCA required on all 

process upsets or 

malfunctions in excess of 

500,000 scfd.

RCA required on all 

discharges in excess of 

500,000 scfd

Same as 12/2/08 proposal except 

500,000 scfd flow limit is above base 

load and added water seal monitoring 

allowance for intermittent flares

Sulfur 

Monitoring

H2S or TRS 

monitoring for 

fuel gas; 

excludes upsets

H2S and continuous 

reduced sulfur monitoring

Same as 6/24/08 final rule; 

allow option to use H2S 

monitor and sampling to get 

ratio of H2S to total sulfur

Same as 12/22/08 proposal, except no 

sulfur monitoring for intermittent or 

emergency only or “inherently low 

sulfur” flares

Flow 

monitoring

Not addressed Continuous flare flow 

monitoring

Same as 6/24/08 final rule. Same as June 24, 2008 final rule except 

added limited alternative monitoring 

and exemptions (i.e., 100 percent 

recovery systems)

Coke 

Calciners

Applicability to 

fuel gas sulfur 

limits.

Not addressed. Coke calciners create fuel 

gas subject to sulfur limits. 

(RTC)

Exempts coke calciners from 

the definition of fuel gas

Same as 12/28/08 proposal

Coke 

Gasifiers

Applicability to 

fuel gas sulfur 

limits

No addressed. Coke gasifiers create fuel 

gas subject to sulfur limits. 

(RTC)

Same as 6/24/08 final rule 

and defines gasifier as a 

refinery process unit 

Same as 6/24/08 final rule except 

gasifiers are not refinery process units