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[Federal Register Volume 80, Number 90 (Monday, May 11, 2015)]
[Notices]
[Pages 26925-26926]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-11344]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9927-53-OAR]

New and Revised Emissions Factors for Flares and Other Refinery 
Process Units and Determination for No Changes to VOC Emissions Factors 
for Tanks and Wastewater Treatment Systems

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final action.

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SUMMARY: On April 20, 2015, the Environmental Protection Agency (EPA) 
issued new and revised emission factors for flares and other refinery 
process units and issued its final determination that revisions to 
existing emissions factors for tanks and wastewater treatment systems 
are not necessary. The EPA finalized these actions in compliance with a 
consent decree entered into with Air Alliance Houston, Community In-
Power and Development Association, Inc., Louisiana Bucket Brigade and 
Texas Environmental Justice Advocacy Services (``Plaintiffs'').

ADDRESSES: You may review copies of the final actions taken and the 
supporting information electronically at: http://www.epa.gov/ttn/chief/consentdecree/index_consent_decree.html.

FOR FURTHER INFORMATION CONTACT: Ms. Gerri Garwood, Measurement Policy 
Group (MPG), Sector Policies and Programs Division (D243-05), Office of 
Air Quality Planning and Standards, U.S. Environmental Protection 
Agency, Research Triangle Park, North Carolina 27711, telephone number: 
(919) 541-2406; fax number: (919) 541-1039; and email address: 
garwood.gerri@epa.gov.

SUPPLEMENTARY INFORMATION: As described above, the EPA finalized these 
actions to fulfill its obligations under the consent decree, which 
resolves litigation in which Plaintiffs alleged that the EPA failed to 
perform nondiscretionary duties pursuant to Clean Air Act (CAA) section 
130 to review, and, if necessary, revise the emissions factors for 
volatile organic compounds (VOC) for flares, liquid storage tanks 
(``tanks''), and wastewater collection, treatment and storage systems 
(``wastewater treatment systems'') at least once every 3 years. See Air 
Alliance Houston, et al. v. McCarthy, No. 1:13-cv-00621-KBJ (D.D.C.).
    The EPA evaluated all of the data collected during the 2011 
Refinery Information Collection Request (2011 Refinery ICR), the data 
referenced in the Complaint, other test data available to the agency 
for flares, tanks and wastewater treatment systems, and data submitted 
during the public comment period. Based on this evaluation, we 
finalized a new VOC emissions factor for flares. We also issued final 
emissions factors (or emissions estimation methodologies) for certain 
refinery operations and pollutants that are not covered by the consent 
decree. The other emissions factors include carbon monoxide (CO) for 
flares; oxides of nitrogen (NOX), total hydrocarbons (THC), 
and CO for sulfur recovery units; THC for catalytic reforming units; 
NOX for hydrogen plants; and hydrogen cyanide for fluid 
catalytic cracking units. We updated Sections 5.1, 8.13, and 13.5 of 
AP-42, Compilation of Air Pollutant Emission Factors, to incorporate 
the new and revised emissions factors. AP-42 is the primary compilation 
of EPA's emission factor information.
    We previously developed a refinery emissions estimation protocol in 
response to a Data Quality Act petition which was used in the 2011 
Refinery ICR. The refinery emissions estimation protocol lists and 
ranks available methods for calculating emissions from refineries. We 
finalized revisions to the Refinery Protocol, with some changes to 
address specific comments. Specifically, we updated Sections 1, 5, and 
6 of the refinery emissions estimation protocol with these new emission 
factors. However, we are not requiring the use of the Refinery 
Protocol, just as we do not require the use of AP-42. It is simply 
another tool for use in estimating emissions when site-specific test 
data do not exist or are not available. We consider the Refinery 
Protocol to provide site-specific emissions inventory guidance that 
will result in more accurate and complete emissions inventories.
    Based on our review of the available emissions data for tanks and 
wastewater treatment systems, we found that the data reviewed generally 
showed similar results between measured data and the existing emissions 
estimation methods. Therefore, we issued a final determination that 
revisions of the VOC emissions factors for tanks and wastewater 
treatment systems are not necessary.
    Additionally, while we proposed a revised NOX emissions 
factor for flares, based on our review of available data and additional 
information received after proposal, we determined that the data was 
not adequate to support revising the NOX emissions factor 
for flares. Based on comments received, the EPA determined that the 
NOX data used for the proposal contained certain flaws that 
rendered the data quality suspect.
    Per the requirements of the consent decree, these final actions 
were issued on April 20, 2015. To support these findings, we developed 
two reports: ``EPA Review of Available Documents and Rationale in 
Support of Final Emissions Factors and Negative Determinations for 
Flares, Tanks, and Wastewater Treatment Systems,'' and ``Review of 
Emissions Test Reports for Emissions Factors Development for Flares and 
Certain Refinery Operations.'' We also prepared the following report to 
respond to the comments received during the public comment period: 
``Background Information for Final Emissions Factors Development for 
Flares and Certain Refinery Operations and Final Determination for No 
Changes to VOC Emissions Factors for Tanks and Wastewater Treatment 
Systems, Summary of Public Comments and Responses.'' These reports, 
along with links to the updated chapters in AP-42 and the Refinery 
Protocol, were posted

[[Page 26926]]

on the Web site listed in the ADDRESSES section of this document on 
April 20, 2015.
    These actions constitute final agency action of national 
applicability for purposes of section 307(b)(1) of the CAA. Pursuant to 
CAA section 307(b)(1), judicial review of these final agency actions 
may be sought only in the United States Court of Appeals for the 
District of Columbia Circuit. Petitions for review must be filed by 
July 10, 2015. Judicial review of these final agency actions may not be 
obtained in subsequent proceedings, pursuant to CAA section 307(b)(2). 
These actions are not a rulemaking and are not subject to the various 
statutory and other provisions applicable to a rulemaking.

    Dated: May 1, 2015.
Stephen D. Page,
Director.
[FR Doc. 2015-11344 Filed 5-8-15; 8:45 am]
 BILLING CODE 6560-50-P
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