[Federal Register Volume 63, Number 110 (Tuesday, June 9, 1998)]
[Rules and Regulations]
[Pages 31358-31361]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15005]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[AD-FRL-6106-4]
RIN 2060-A100


National Emission Standards for Hazardous Air Pollutants: 
Petroleum Refineries

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: This action revises the ``National Emission Standards for 
Hazardous Air Pollutants: Petroleum Refineries'' which was issued as a 
final rule August 18, 1995. This rule is commonly known as the 
Petroleum Refineries national emission standards for hazardous air 
pollutants (NESHAP). This action revises the date by which an 
Implementation Plan for emissions averaging is to be submitted. Today's 
action also exempts specific streams associated with hydrogen plants 
from the requirements for process vents.

DATES: The direct final rule will be effective on August 18, 1998. The 
direct final rule will become effective without further notice unless 
the EPA receives relevant adverse comments on or before July 9, 1998. 
Should the EPA receive such comments, it will publish a timely document 
withdrawing this rule.

ADDRESSES: Comments. Comments should be submitted (in duplicate, if 
possible) to: Air and Radiation Docket and Information Center (6102), 
Attention Docket Number A-93-48 (see docket section below), U.S. 
Environmental Protection Agency, 401 M Street, SW., Washington, DC 
20460. The EPA requests that a separate copy also be sent to the 
contact person listed below.

FOR FURTHER INFORMATION CONTACT: Mr. James Durham, Waste and Chemical 
Processes Group, Emission Standards Division (MD-13), U.S. 
Environmental Protection Agency, Research Triangle Park, North 
Carolina, 27711, telephone number (919) 541-5672.

SUPPLEMENTARY INFORMATION: On August 18, 1995 EPA promulgated the 
``National Emission Standards for Hazardous Air Pollutants from 
Petroleum Refineries'' (the ``Petroleum Refineries NESHAP''). The 
NESHAP regulates hazardous air pollutants (HAP) emitted from new and 
existing refineries that are major sources of HAP emissions. The 
regulated category and entities affected by this action include:

------------------------------------------------------------------------
             Category                  Examples of regulated entities   
------------------------------------------------------------------------
Industry..........................  Petroleum Refineries (Standard      
                                     Industrial Classification Code     
                                     2911).                             
------------------------------------------------------------------------

    This table is not intended to be exhaustive but, rather, provides a 
guide for readers regarding entities likely to be interested in the 
revisions to the regulation affected by this action. To determine 
whether your facility is regulated by this action, you should carefully 
examine all of the applicability criteria in 40 CFR 63.640. If you have 
questions regarding the applicability of this action to a particular 
entity, consult the appropriate person listed in the preceding FOR 
FURTHER INFORMATION CONTACT section.
    A companion proposal to this direct final rule is being published 
in today's Federal Register and is identical to this direct final rule. 
Any comments on the revisions to the Petroleum Refineries NESHAP should 
address that proposal. If relevant adverse comments are timely received 
by the date specified in the proposed rule, the EPA will publish a 
document informing the public that this rule did not take effect and 
the comments will be addressed in a subsequent final rule based on the 
proposed rule. If no relevant adverse comments on any provision of this 
direct final rule are timely filed then the entire direct final rule 
will become effective on August 18, 1998, and no further action will be 
taken on the companion proposal published today.

I. Description of Revisions

A. Revision of Submission Date for Plan to Implement Emissions 
Averaging

    Today's action revises the requirement to submit an Implementation 
Plan, if using emissions averaging, no later than 18 months prior to 
the compliance date. The requirement is revised to allow the 
Implementation Plan to be submitted for approval at any time prior to 
initiation of emissions averaging. The EPA has determined that the 
requirement to submit the Implementation Plan 18 months prior to the 
compliance date is not desirable because it precludes existing sources 
from using emissions averaging if they decide to do so in the future.

[[Page 31359]]

B. Exemption of Specific Hydrogen Plant Vent Streams From Process Vents 
Requirements

    At the time the Petroleum Refineries NESHAP was being developed, 
little information was available regarding hydrogen plant vent streams. 
Neither the petroleum refining industry nor the EPA had adequate 
information to accurately determine if hydrogen plant vents would be 
subject to the miscellaneous process vent provisions of the NESHAP. 
Recent information gathering efforts by the petroleum refining industry 
indicate that there are vent streams from hydrogen plants that meet the 
definition of Group 1 miscellaneous process vents. However, this 
information indicates that these vents, because they have no controls, 
are significantly different from the vents on which the miscellaneous 
process vent provisions are based. Consequently, it may not be 
appropriate or even possible to apply the miscellaneous process vent 
provisions to these hydrogen plant vents.
    In hydrogen plants, steam and methane or other hydrocarbons are 
reacted to form a synthesis gas, which is a mixture of hydrogen and 
carbon dioxide. Once the hydrogen is formed it must be purified by 
removing the carbon dioxide. Two techniques are used for carbon dioxide 
removal: wet carbon dioxide absorption/desorption; and pressure swing 
absorption (PSA). Methanol is formed as a byproduct of the hydrogen-
forming reactions. Absorption/desorption systems absorb some of the 
methanol along with the CO<INF>2</INF>. In some instances, methanol is 
used as the absorption fluid. Heat or an inert gas such as nitrogen is 
subsequently used to desorb the absorption fluid. The desorbed gases 
contain CO<INF>2</INF>, water vapor, nitrogen (for some processes), and 
small quantities of methanol. This is referred to as the CO<INF>2</INF> 
vent. A source of emissions for both the absorption/desorption and PSA 
systems can be steam that is condensed and removed at various points in 
the process. The steam contains condensed methanol and dissolved carbon 
dioxide. When the steam is deaerated to remove air and carbon dioxide 
before being recycled, some of the methanol is released to the 
atmosphere with the carbon dioxide and air. This is referred to as the 
deaerator vent.
    The CO<INF>2</INF> vent and deaerator vent are significantly 
different from typical miscellaneous process vents considered in 
determining the requirements of the Petroleum Refineries NESHAP. 
Typical process vents are continuous streams of consistent composition 
with sufficient heating value to sustain combustion. Incineration of 
these streams in boilers, process heaters or flares, which was 
determined to be the maximum achievable control technology, is not 
expected to cause operational upsets.
    The hydrogen plant vents are of significant volume and have little 
heating value. They are primarily composed of water vapor and carbon 
dioxide. Methanol, the combustible element of the streams, has been 
determined to make up less than one percent of the deaerator vent and 
to be in the part per million range in the CO<INF>2</INF> vent. It is 
not likely that existing flares, boilers, or process heaters can 
accommodate the combustion of these vents due to their large volume and 
the additional auxiliary fuel that would be required to sustain 
combustion. None of these hydrogen plant vents are currently known to 
be controlled. New control devices would have to be built to achieve 
the destruction efficiency required by the NESHAP. The original 
analysis of the impact of the miscellaneous process vent provisions 
indicated that no major capital investments or significant operating 
costs would be required to comply. This would not be the case for the 
hydrogen plant vents. Cost analyses indicate that new control devices 
would require a capital investment ranging from $250,000 to $2,000,000. 
Capital costs are relatively high due to the large volume of the vents 
streams. The relative amount of methanol destroyed is low, due to the 
low concentrations in the vent streams. The resulting cost 
effectiveness is estimated to range from $5,500 to $55,000 per megagram 
of methanol destroyed.
    Analysis of data currently available indicates that, unlike other 
process vents, these hydrogen plant CO<INF>2</INF> and deaerator vents 
are not being controlled. An analysis of the control technology in 
place at the best performing 12 percent of facilities would result in a 
determination that the maximum achievable control technology (MACT) 
floor is ``no control'' for hydrogen plant CO<INF>2</INF> and deaerator 
vents. Thus, requiring hydrogen plant CO<INF>2</INF> and deaerator 
vents to comply with the existing process vent requirements would 
constitute the imposition of an ``above the floor'' requirement. Due to 
significantly increased compliance costs, EPA does not believe that 
such an ``above the floor'' requirement is justified. Compliance with 
the existing process vents requirements cannot be achieved with the 
same cost effectiveness estimated for typical miscellaneous process 
vents. Potential controls for the hydrogen plant vents are 
significantly more costly than those for typical process vents, mainly 
due to the fact that new control devices would be required. Because the 
MACT analysis and cost effectiveness analysis for miscellaneous process 
vents are not applicable to hydrogen plant vents, an exemption from the 
miscellaneous process vents provision is being provided for hydrogen 
plant CO<INF>2</INF> and deaerator vents.

II. Judicial Review

    Under section 307(b)(1) of the Clean Air Act (Act), judicial review 
of the actions taken by the administrator in this final rule is 
available only on the filing of a petition for review in the U.S. Court 
of Appeals for the District of Columbia Circuit within 60 days of 
today's publication of this action. Under section 307(b)(2) of the Act, 
the requirements set forth in today's final rule may not be challenged 
later in civil or criminal proceedings brought by EPA to enforce these 
requirements.

III. Administrative

A. Paperwork Reduction Act

    The information collection requirements of the previously 
promulgated NESHAP were submitted to and approved by the Office of 
Management and Budget (OMB) under the Paperwork Reduction Act, 44 
U.S.C. 3501 et seq. A copy of this Information Collection Request (ICR) 
document (OMB Control Number 2060-0340) may be obtained from the 
Information Policy Branch (PY-223Y); U.S. Environmental Protection 
Agency; 401 M Street, SW; Washington, DC 20460 or by calling (202) 260-
2740. The ICR is currently in the reinstatement process.
    Today's changes to the NESHAP have no impact on the information 
collection burden estimates. The changes regarding emissions averaging 
consist of a revision to the date by which an Implementation Plan is to 
be submitted. Because the industry and the EPA were not aware of the 
hydrogen plant vent streams that may meet the current Group 1 
miscellaneous process vent definition, information collection 
activities associated with these vents were not included in the burden 
estimate. Today's revisions do not increase or decrease the information 
collection burden on the regulated community or the EPA. Consequently, 
the ICR has not been revised.

B. Executive Order 12866 Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993) the EPA 
must determine whether the regulatory action is ``significant'' and 
therefore subject to

[[Page 31360]]

OMB review and the requirements of the Executive Order. The Order 
defines a ``significant regulatory action'' as one that is likely to 
result in a rule that may:
    1. Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local or tribal governments or communities;
    2. Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    3. Materially alter the budgetary impact of entitlements, grants, 
user fees, or land programs or the rights and obligations of recipients 
thereof; or
    4. Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    Today's action revises a submittal date for a report and provides 
an exemption for specific vent streams. Because today's action does not 
add any additional requirements, this rule was classified ``non-
significant'' under Executive Order 12866 and, therefore was not 
reviewed by the Office of Management and Budget.

C. Regulatory Flexibility

    The EPA has determined that it is not necessary to prepare a 
regulatory flexibility analysis in connection with this final rule. The 
EPA has also determined that this rule will not have a significant 
negative economic impact on a substantial number of small entities. 
This direct final rule will not have a significant negative impact on a 
substantial number of small entities because it does not add any 
requirements to the Petroleum Refineries NESHAP. This rule revises a 
submittal date for a report and provides an exemption for specific vent 
streams.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures to State, local, and tribal governments, in 
the aggregate, or to the private sector, of $100 million or more in any 
one year. Before promulgating an EPA rule for which a written statement 
is needed, section 205 of the UMRA generally requires EPA to identify 
and consider a reasonable number of regulatory alternatives and adopt 
the least costly, most cost-effective or least burdensome alternative 
that achieves the objectives of the rule. The provisions of section 205 
do not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows EPA to adopt an alternative other than the least 
costly, most cost-effective, or least burdensome alternative if the 
Administrator publishes with the final rule an explanation why that 
alternative was not adopted. Before EPA establishes any regulatory 
requirements that may significantly or uniquely affect small 
governments, including tribal governments, it must have developed under 
section 203 of the UMRA a small government agency plan. The plan must 
provide for notifying potentially affected small governments, enabling 
officials of affected small governments to have meaningful and timely 
input in the development of EPA regulatory proposals with significant 
Federal intergovernmental mandates, and informing, educating, and 
advising small governments on compliance with the regulatory 
requirements.
    At the time of promulgation, EPA determined that the Petroleum 
Refineries NESHAP does not include a Federal mandate that may result in 
estimated costs of $100 million or more to either State, local, or 
tribal governments in the aggregate or to the private sector. This 
determination is not altered by today's action, the purpose of which is 
to revise the submittal date for a report and provide an exemption for 
specific vent streams. Thus, today's rule is not subject to the 
requirements of sections 202 and 205 of the UMRA.

E. Executive Order 12875

    To reduce the burden of Federal regulations on States and small 
governments, the President issued Executive Order 12875 entitled 
``Enhancing the Intergovernmental Partnership'' on October 26, 1993. 
Executive Order 12875 prohibits the EPA, to the extent feasible and 
permitted by law, from promulgating any regulation that is not required 
by statute and that creates a mandate upon a State, local or tribal 
government unless: (i) the Federal Government provides the funds 
necessary to pay the direct costs incurred by the State, local or 
tribal government in complying with the mandate; or, (ii) EPA provides 
to the Office of Management and Budget a description of the extent of 
the EPA's prior consultation with representatives of affected State, 
local and tribal governments, the nature of those entities concerns, 
any written communications submitted to EPA by such units of government 
and the EPA's position supporting the need to issue the regulation. 
Executive Order 12875 further requires the EPA to develop an effective 
process to permit elected officials and other representatives of State, 
local and tribal governments ``to provide meaningful and timely input 
in the development of regulatory proposals containing significant 
unfunded mandates.'' This rule does not create a mandate upon State, 
local or tribal governments.

F. Applicability of Executive Order 13045

    Executive Order 13045 applies to any rule that EPA determines (1) 
``economically significant'' as defined under Executive Order 12866, 
and (2) the environmental health or safety risk addressed by the rule 
has a disproportionate effect on children. If the regulatory action 
meets both criteria, the EPA must evaluate the environmental health or 
safety effects of the planned rule on children and explain why the 
planned regulation is preferable to other potentially effective and 
reasonably feasible alternatives considered by the EPA.
    This direct final rule is not subject to E.O. 13045, entitled 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because it is not an 
economically significant regulatory action as defined by Executive 
Order 12866, and it does not address an environmental health or safety 
risk that would have a disproportionate effect on children.

G. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing this rule and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. This rule is not a 
``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 63

    Environmental protection, Air pollution control, Hazardous air 
pollutants, Petroleum refineries,

[[Page 31361]]

Reporting and recordkeeping requirements, Storage vessels.

    Dated: May 28, 1998.
Carol M. Browner,
Administrator.

    For reasons set out in the preamble, part 63 of title 40, chapter 
I, of the Code of Federal Regulations is amended as follows:

PART 63--[AMENDED]

    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. Amend Sec. 63.641 by revising paragraphs (11), (12), and (13) of 
and adding paragraph (14) to the definition of miscellaneous process 
vent to read as follows:


Sec. 63.641  Definitions.

* * * * *
    Miscellaneous process vent * * *
    (11) Coking unit vents associated with coke drum depressuring at or 
below a coke drum outlet pressure of 15 pounds per square inch gauge, 
deheading, draining, or decoking (coke cutting) or pressure testing 
after decoking;
    (12) Vents from storage vessels;
    (13) Emissions from wastewater collection and conveyance systems 
including, but not limited to, wastewater drains, sewer vents, and sump 
drains; and
    (14) Hydrogen production plant vents through which carbon dioxide 
is removed from process streams or through which steam condensate 
produced or treated within the hydrogen plant is degassed or deaerated.
* * * * *
    3. Amend Sec. 63.653 by revising paragraph (d)(1) to read as 
follows:


Sec. 63.653  Monitoring, recordkeeping, and implementation plan for 
emission averaging.

* * * * *
    (d) * * *
    (1) The Implementation Plan shall be submitted to the Administrator 
and approved prior to implementing emissions averaging. This 
information may be submitted in an operating permit application, in an 
amendment to an operating permit application, in a separate submittal, 
in a Notification of Compliance Status Report, in a Periodic Report or 
in any combination of these documents. If an owner or operator submits 
the information specified in paragraph (d)(2) of this section at 
different times, and/or in different submittals, later submittals may 
refer to earlier submittals instead of duplicating the previously 
submitted information.
* * * * *
[FR Doc. 98-15005 Filed 6-8-98; 8:45 am]
BILLING CODE 6560-50-P