[Federal Register Volume 81, Number 26 (Tuesday, February 9, 2016)]
[Proposed Rules]
[Pages 6814-6824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-02306]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 60 and 63

[EPA-HQ-OAR-2010-0682; FRL-9940-66-OAR]
RIN 2016-AS83


National Emission Standards for Hazardous Air Pollutant 
Emissions: Petroleum Refinery Sector Amendments

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: This action proposes amendments to the National Emission 
Standards for Hazardous Air Pollutants (NESHAP) Refinery MACT 1 and 
Refinery MACT 2 regulations and the New Source Performance Standards 
(NSPS) for petroleum refineries, which were published on December 1, 
2015. In that action, as a result of a risk and technology review, the 
Environmental Protection Agency (EPA) finalized amendments to Refinery 
MACT 1 and Refinery MACT 2. In this action, the EPA is proposing to 
amend the compliance date in Refinery MACT 1 for maintenance vent 
standards that apply during periods of startup, shutdown, maintenance 
or inspection for sources constructed or reconstructed on or before 
June 30, 2014. In this action, the EPA is also proposing to revise the 
compliance dates in Refinery MACT 2 for the standards that apply during 
startup, shutdown, or hot standby for fluid catalytic cracking units 
(FCCU) and startup and shutdown for sulfur recovery units (SRU) 
constructed or reconstructed on or before June 30, 2014. These proposed 
revisions do not affect requirements that apply during normal 
operations. Finally, the EPA is proposing technical corrections and 
clarifications to the NESHAP and the NSPS for petroleum refineries. 
This action will have an insignificant effect on emissions reductions 
and costs.

DATES: Comments must be received on or before March 25, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2010-0682, at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. The EPA may publish any 
comment received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is

[[Page 6815]]

restricted by statute. 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 is seeking comment only on the issues 
specifically identified in this notice. The EPA will not respond to any 
comments addressing other aspects of the final rules or any other 
related rulemakings. 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 http://www2.epa.gov/dockets/commenting-epa-dockets.
    Instructions. All submissions must include the agency name and 
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 will be made available online at http://www.regulations.gov, 
including any personal information provided, unless the comment 
includes information claimed to be confidential business information 
(CBI) or other information whose disclosure is restricted by statute. 
Do not submit information that you consider to be CBI or otherwise 
protected through http://www.regulations.gov or email. Send or deliver 
information identified as CBI only to the following address: OAQPS 
Document Control Officer (C404-02), Office of Air Quality Planning and 
Standards, U.S. EPA, Research Triangle Park, North Carolina 27711, 
Attention Docket ID No. EPA-HQ-OAR-2010-0682. Clearly mark the part or 
all of the information that you claim to be CBI. For CBI information on 
a disk or CD-ROM that you mail to the EPA, mark the outside of the disk 
or CD-ROM as CBI and then identify electronically within the disk or 
CD-ROM the specific information you claim as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, you must submit a copy of the comment that does not contain the 
information claimed as CBI for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    The http://www.regulations.gov Web site is an ``anonymous access'' 
system, 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 http://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 disk or 
CD-ROM 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.
    Docket. All documents in the docket are listed in the 
regulations.gov index. Although listed in the index, some information 
is not publicly available, e.g., 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 http://www.regulations.gov or in hard copy at the EPA Docket Center, EPA WJC 
West Building, Room 3334, 1301 Constitution Ave. 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. Visit the EPA Docket Center 
homepage at http://www.epa.gov/epahome/dockets.htm for additional 
information about the EPA's public docket.
    Public hearing. A public hearing will be held if requested by 
February 16, 2016 to accept oral comments on this proposed action. The 
hearing will be held, if requested, on February 24, 2016 at the EPA's 
North Carolina Campus located at 109 T.W. Alexander Drive, Research 
Triangle Park, NC 27711. The hearing, if requested, will begin at 9:00 
a.m. (local time) and will conclude at 1:00 p.m. (local time). To 
request a hearing, to register to speak at a hearing, or to inquire if 
a hearing will be held, please contact Ms. Virginia Hunt at (919) 541-
0832 or by email at <a href="/cdn-cgi/l/email-protection#caa2bfa4bee4bca3b8ada3a4a3ab8aafbaabe4ada5bc"><span class="__cf_email__" data-cfemail="771f02190359011e05101e191e163712071659101801">[email protected]</span></a>. The last day to pre-register 
to speak at a hearing, if one is held, will be February 22, 2016. 
Additionally, requests to speak will be taken the day of the hearing at 
the hearing registration desk, although preferences on speaking times 
may not be able to be fulfilled. Please note that registration requests 
received before the hearing will be confirmed by the EPA via email.
    Please note that any updates made to any aspect of the hearing, 
including whether or not a hearing will be held, will be posted online 
at http://www3.epa.gov/airtoxics/petref.html. We ask that you contact 
Ms. Virginia Hunt at (919) 541-0832 or by email at 
<a href="/cdn-cgi/l/email-protection#f59d809b81db839c87929c9b9c94b5908594db929a83"><span class="__cf_email__" data-cfemail="533b263d277d253a21343a3d3a32133623327d343c25">[email protected]</span></a> or monitor our Web site to determine if a hearing 
will be held. The EPA does not intend to publish a notice in the 
Federal Register announcing any such updates. Please go to http://www3.epa.gov/airtoxics/petref.html for more information on the public 
hearing.

FOR FURTHER INFORMATION CONTACT: Ms. Brenda Shine, Sector Policies and 
Programs Division, Refining and Chemicals Group (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; facsimile number: (919) 541-0246; and email 
address: <a href="/cdn-cgi/l/email-protection#c5b6adacaba0eba7b7a0aba1a485a0b5a4eba2aab3"><span class="__cf_email__" data-cfemail="f08398999e95de9282959e9491b0958091de979f86">[email protected]</span></a>. For information about the applicability 
of the NESHAP to a particular entity, contact Ms. Maria Malave, Office 
of Enforcement and Compliance Assurance, U.S. Environmental Protection 
Agency, EPA WJC South Building, 1200 Pennsylvania Ave. NW., Washington, 
DC 20460; telephone number: (202)564-7027; facsimile number: (202)564-
0050; and email address: <a href="/cdn-cgi/l/email-protection#ea878b868b9c8fc4878b98838baa8f9a8bc48d859c"><span class="__cf_email__" data-cfemail="aac7cbc6cbdccf84c7cbd8c3cbeacfdacb84cdc5dc">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 
    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:

CAA Clean Air Act
CBI confidential business information
CFR Code of Federal Regulations
CEMS continuous emission monitoring system
COMS continuous opacity monitoring system
CPMS continuous parameter monitoring system
EPA Environmental Protection Agency
FCCU fluid catalytic cracking unit
HAP hazardous air pollutants
LEL lower explosive limit
NESHAP National Emissions Standards for Hazardous Air Pollutants
NTTAA National Technology Transfer and Advancement Act
OAQPS Office of Air Quality Planning and Standards
OECA Office of Enforcement and Compliance Assurance

[[Page 6816]]

OMB Office of Management and Budget
OSHA Occupational Safety and Health Administration
PRA Paperwork Reduction Act
PSM Process Safety Management
RFA Regulatory Flexibility Act
RMP Risk Management Plan
SRU sulfur recovery unit
TTN Technology Transfer Network
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 Information
III. What actions are we proposing?
    A. Compliance Dates for Standards Applicable to Maintenance 
Vents, FCCU and SRU during Startup and Shutdown and during Hot 
Standby for FCCU
    B. Clarifications and Technical Corrections
    C. Impacts
IV. Statutory and Executive Order Reviews
    A. Executive Orders 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act (PRA)
    C. Regulatory Flexibility Act (RFA)
    D. Unfunded Mandates Reform Act (UMRA)
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution or Use
    I. National Technology Transfer and Advancement Act (NTTAA)
    J. 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?

    Regulated Entities. Categories and entities potentially regulated 
by this action are shown in Table 1 of this preamble.

   Table 1--Industrial Source Categories Affected By This Final Action
------------------------------------------------------------------------
               NESHAP and source category                 NAICS \a\ Code
------------------------------------------------------------------------
Petroleum Refining Industry............................          324110
------------------------------------------------------------------------
\a\ North American Industry Classification System.

    Table 1 of this preamble is not intended to be exhaustive, but 
rather to provide a guide for readers regarding entities likely to be 
affected by the final action for the source categories listed. To 
determine whether your facility is affected, you should examine the 
applicability criteria in the appropriate NESHAP or NSPS. If you have 
any questions regarding the applicability of any aspect of these NESHAP 
or NSPS, please contact the appropriate person listed in the preceding 
FOR FURTHER INFORMATION CONTACT section of this preamble.

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 proposal will also be available on the Internet through the 
Technology Transfer Network (TTN) Web site, a forum for information and 
technology exchange in various areas of air pollution control. 
Following signature by the EPA Administrator, the EPA will post a copy 
of this proposed action at: http://www.epa.gov/ttn/atw/petref.html. 
Following publication in the Federal Register, the EPA will post the 
Federal Register version and key technical documents at this same Web 
site.

II. Background Information

    On December 1, 2015 (80 FR 75178), the EPA finalized amendments to 
the Petroleum Refinery NESHAP in 40 CFR part 63, subparts CC and UUU, 
referred to as Refinery MACT 1 and 2, respectively. The final 
amendments to Refinery MACT 1 and 2 include a number of provisions 
establishing emissions limitations during startup and shutdown for 
emissions sources at petroleum refineries, including specific 
provisions for maintenance vents, FCCU, and SRU, which are the focus of 
this proposed action.
    The Refinery MACT 1 standards regulate emissions of hazardous air 
pollutants (HAP) from miscellaneous process vents. Prior to the 
December 2015 amendments, the definition of miscellaneous process vents 
excluded episodic or non-routine releases such as those associated with 
startup, shutdown, and maintenance. The December 2015 Refinery MACT 1 
rule eliminates this exclusion from the definition of miscellaneous 
process vent and establishes standards for these ``maintenance vents'' 
in 40 CFR 63.643(c). Maintenance vents are only used as a result of 
startup, shutdown, maintenance or inspection of equipment when such 
equipment is emptied, depressurized, degassed, or placed into service. 
The rule specifies that refinery owners or operators may only release 
HAP from these maintenance vents in order to open process equipment 
provided that the equipment is drained and purged to a closed system 
until the hydrocarbon content is less than or equal to a lower 
explosive limit (LEL) of 10 percent prior to venting to the atmosphere. 
As a secondary limit, if the LEL cannot be measured due to design 
constraints of the equipment, the rule requires that the pressure in 
the equipment be reduced to 5 pounds (lbs) per square inch gauge or 
less prior to venting to the atmosphere. The rule also contains 
additional limits such as a low emission threshold (less than 72 lbs/
day), and requirements for catalyst changeout activities where 
hydrotreater pyrophoric catalyst must be purged.
    The Refinery MACT 2 standards regulate HAP emissions from the FCCU 
by specifying carbon monoxide (CO) limits as a surrogate for organic 
HAP and by specifying particulate matter (PM) limits (or nickel limits) 
as a surrogate for metal HAP. In the rule, compliance with the organic 
HAP emissions limit is demonstrated using a continuous CO monitor; 
compliance with the metal HAP emissions limit is demonstrated either 
using continuous opacity monitoring system (COMS) or continuous 
parameter monitoring system (CPMS). Owners or operators of FCCU are 
provided two options for demonstrating compliance with the PM limit 
during periods of startup, shutdown, or hot standby in 40 CFR 
63.1564(a)(5): Meeting the emission limit that applies during times 
other than startup, shutdown, or hot standby, or meeting a minimum 
cyclone face velocity limit. Similarly, the rule provides two options 
for demonstrating compliance with the CO limit during periods of 
startup and shutdown in 40 CFR 63.1565(a)(5): Meeting the emission 
limit that applies during times other than startup, shutdown, or hot 
standby, or meeting an excess oxygen limit in the exhaust from the 
catalyst regenerator.
    The Refinery MACT 2 standards also regulate HAP emissions from SRU 
vents by specifying sulfur dioxide (SO<INF>2</INF>), reduced sulfur 
compound, or total reduced sulfur limits as a surrogate for SRU HAP 
emissions. In the rule, compliance with the SRU HAP emissions limit is 
demonstrated using a continuous emission monitoring system (CEMS) or, 
when a thermal incinerator/oxidizer is used, compliance with the SRU 
HAP emissions limits is demonstrated using CPMS. The rule removes 
previous requirements to operate according to a site-specific startup, 
shutdown, and malfunction plan and instead finalizes standards that 
apply during all times, including additional standards that apply 
during

[[Page 6817]]

startup and shutdown periods. Three compliance options were provided 
for SRU owners or operators to demonstrate compliance during periods of 
startup and shutdown in 40 CFR 63.1568(a)(4) including: Meeting the 
emission limit that applies during times other than startup or 
shutdown, sending purge gases to a flare that meets the operating 
requirements contained in 40 CFR 63.670, or sending purge gases to a 
thermal oxidizer or incinerator that meets specific temperature and 
excess oxygen requirements.
    For owners or operators complying with any of the limits for 
startup, shutdown, or hot standby for FCCU and for startup or shutdown 
for SRU, the compliance date is the effective date of the rule 
(February 1, 2016, 60 days after the publication date of the rule). The 
compliance date for the maintenance vent provisions is also the 
effective date of the rule. In the next section of this preamble, we 
discuss some additional clarifications and technical corrections we are 
proposing to Table 11 of subpart CC to 40 CFR part 63, which is where 
the maintenance vent compliance times and other subpart CC compliance 
times are delineated.
    The EPA has received new information that the compliance dates for 
standards for maintenance vents and startup, shutdown, or hot standby 
for FCCU and for startup or shutdown for SRU do not allow sufficient 
time to install additional control equipment, if needed, and to 
complete the management of change process, which includes addressing 
safety concerns associated with potential operational or procedural 
changes. The management of change process, which is discussed in 
further detail in the next section of this preamble, includes the 
following: 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, assessing 
risk of chemical accidents and catastrophic events, updating associated 
plans and procedures, providing training, performing pre-startup safety 
reviews, and implementing the change as required by other regulatory 
programs. In order to accommodate these steps, we are proposing to 
amend the compliance dates for these provisions to 18 months after the 
effective date of the standards (i.e., August 1, 2017). These proposed 
revisions are limited to periods of maintenance, startup, and shutdown 
which are expected to occur relatively infrequently as compared to 
normal operations.

III. What actions are we proposing?

A. Compliance Dates for Standards Applicable to Maintenance Vents, FCCU 
and SRU During Startup and Shutdown and During Hot Standby for FCCU

    The EPA has received additional information (see Docket ID No. EPA-
HQ-OAR-2010-0682) that indicates that the compliance dates for 
standards for maintenance vents and periods of startup, shutdown, and 
hot standby for FCCU and for startup or shutdown for SRU do not provide 
facilities sufficient time to go through their management of change 
process, which includes addressing safety concerns associated with 
potential operational or procedural changes and coordinating any 
changes with other applicable regulatory requirements. The process 
equipment associated with maintenance vents, FCCU, and SRU are subject 
to requirements under the Risk Management Program regulation in 40 CFR 
part 68 and the Occupational Safety and Health Administration (OSHA) 
Process Safety Management (PSM) standard in 29 CFR part 1910. Thus, any 
operational or procedural changes resulting from complying with the 
applicable standards must follow the management of change procedures in 
these respective regulatory programs.
    The Risk Management Program and OSHA PSM regulations provide that 
owners or operators follow a management of change process, as codified 
in 40 CFR 68.75, 29 CFR 1910.119(l) and appendix C of 29 CFR 1910.119, 
to ensure that the following are considered prior to making a change:
    <bullet> The technical basis for the proposed change;
    <bullet> Impact of change on safety and health;
    <bullet> Modifications to operating procedures;
    <bullet> Necessary time period for the change; and
    <bullet> Authorization requirements for the proposed change.
    As part of the management of change process, the EPA expects that 
facilities will have to perform an upfront assessment to determine what 
changes are required to meet the new maintenance vent requirements and 
standards for FCCU and SRU. Based on our review of information brought 
forward by industry representatives, refinery owners or operators may 
have to adjust or install new instrumentation, including alarms, closed 
drain headers, equipment blowdown drums, and other new or revised 
processes and controls in order to comply with these new provisions. 
Facilities may also have to hire a vendor to assist with the project 
and complete the procurement process. Additionally, we anticipate that 
facilities will have to assess risk of chemical accidents and 
catastrophic events and review and revise standard operating 
procedures, as necessary.
    Further, the management of change provisions also require that 
employees who are involved in operating a process and maintenance and 
contract employees whose job tasks are affected by the change must be 
trained prior to startup of the affected process.
    Finally, facilities are required to conduct pre-startup safety 
reviews and obtain authorization for use to fully implement and startup 
the modified process and/or equipment.
    Therefore, to account for the applicable requirements in the Risk 
Management Program regulation and OSHA PSM standard, the EPA is 
proposing to require owners and operators of sources that were 
constructed or reconstructed on or before June 30, 2014, to comply with 
the maintenance vent provisions and limits for startup, shutdown, or 
hot standby for FCCU and for startup or shutdown for SRU no later than 
18 months after the effective date of the December 2015 rule. We 
believe that this additional time is both appropriate and sufficient to 
accomplish the necessary compliance-related tasks discussed above.
    Although not common, the possibility exists that some facilities 
may have to install new controls or otherwise invest in capital 
projects in order to comply with these new regulatory provisions. As 
provided in the General Provisions to part 63, owners or operators of 
these facilities can request an additional 12 months to comply with the 
standards using the provisions in 40 CFR 63.6(i).
    Owners and operators must comply with the general duty requirements 
in 40 CFR 63.642(n) for maintenance vents and 40 CFR 63.1570 for FCCU 
or SRU during periods of startup, shutdown and, for FCCU only, hot 
standby from the effective date of the December 2015 final rule until 
they comply with the new requirements on or before the applicable 
compliance dates. Records of compliance with the general duty 
requirements must be maintained as specified in 40 CFR 63.643(d), 
63.642(n) and 63.1570(c).

B. Clarifications and Technical Corrections

    We are proposing to make clarifying revisions to Table 11 in 40 CFR 
part 63, subpart CC. We received numerous questions regarding the 
compliance date for maintenance vents and some owners or operators are 
interpreting Table 11 to

[[Page 6818]]

provide 3 years to comply with the maintenance vent provisions 
established in the rule as well as with other requirements that were 
not amended in the rule. This was not our intent, and we do not 
interpret Table 11 to allow 3 years to comply with the provisions in 40 
CFR 63.643, or 3 years to comply with any of the requirements in 
subpart CC that were not amended in the December 2015 rule. However, in 
reviewing Table 11, we do understand the confusion, and we are 
proposing a revised version of Table 11 to more clearly delineate the 
compliance dates for the various provisions in subpart CC and to 
reflect the compliance date proposed for the maintenance vent 
provisions in the previous section of this preamble.
    The EPA is also proposing to make several clarifications and 
technical corrections as described here and summarized in the table 
below. The first sentence in Sec.  60.102a(f)(1)(i) is being changed to 
incorporate the pollutant of concern, SO<INF>2</INF>, directly into the 
regulatory text rather than inside a parenthesis within the sentence 
for clarity. A grammatical correction is being made to the closed 
blowdown system definition in Sec.  63.641 by adding an ``a'' before 
the phrase, ``. . . process vessel to a control device or back into the 
process.'' The term ``relief valve'' and ``valve'' are being replaced 
with ``pressure relief device'' and ``device'' in the force majeure 
event definition in Sec. Sec.  63.641 and 63.670(o)(1)(ii)(B), 
respectively. These changes are being made to improve consistency in 
the use of the term ``pressure relief device'' as it pertains to the 
work practice requirements in Sec.  63.648(j) and associated 
provisions. The list of exceptions for equipment leak requirements in 
Sec.  63.648(a) is being expanded to ensure the intent of the 
rulemaking is clear, that pressure relief devices subject to the 
requirements in either 40 CFR part 60, subpart VV or part 63, subpart H 
and the requirements in 40 CFR part 63, subpart CC are to comply with 
the requirements in Sec.  63.648(j)(1) and (2), instead of the pressure 
relief device requirements in 40 CFR part 60, subpart VV and 40 CFR 
part 63, subpart H. The reporting and recordkeeping requirements 
related to fenceline monitoring contained in Sec.  63.655(h)(8) are 
being edited to provide clarity that compliance reports are due 45 days 
after the end of each reporting period. The term ``periodic'' in the 
context of the report for fenceline monitoring has been removed to 
avoid confusion concerning the due dates of other periodic reports 
contained in 40 CFR part 63, subpart CC such as those specified in 
Sec.  63.655(g). The siting requirements for passive monitors near 
known sources of volatile organic compounds (VOC) contained in Sec.  
63.658(c)(1) are being edited to clarify that a monitor should be 
placed on the shoreline adjacent to the dock for marine vessel loading 
operations. The phrase ``that are located offshore'' was removed 
because the intent is to require a monitor on the shoreline adjacent to 
the dock for marine vessel loading operations, and is not dependent on 
whether the location of the marine vessel loading operation is onshore 
or offshore.
    The EPA is also proposing to add language to clarify the effective 
dates of two specific provisions in 40 CFR part 63, subpart UUU. First, 
we are proposing to revise the catalytic reforming unit (CRU) pressure 
limit exclusion provision in 40 CFR 63.1566(a)(4) to specify that 
refiners have 3 years to comply with the requirements to meet emission 
limitations in Tables 15 and 16 if they actively purge or depressurize 
at vessel pressures of 5 psig or less. Although both the proposal and 
the final preambles (at 79 FR 36950 and 80 FR 75185) indicated that we 
intended to provide a 3-year compliance period, language in Sec.  
63.1566(a)(4) did not specifically provide 3 years. This was an 
inadvertent omission and in this action we are proposing to add rule 
language to reflect our intent.
    Similarly, we are proposing to revise the entry for item 1 in Table 
2 of subpart UUU to clarify that refineries have 18 months to comply 
with the 20 percent opacity operating limit for units subject to 
Refinery NSPS subpart J or electing to comply with Refinery NSPS 
subpart J provisions for PM. Although both the proposal and the final 
preambles (at 79 FR 36950 and 80 FR 75185) indicated that we intended 
to provide an 18-month compliance period for new or revised operating 
limits for FCCU, the language in Table 2 of subpart UUU did not 
specifically provide this 18 month compliance period. Again, this was 
an inadvertent omission and in this action we are proposing to add rule 
language to reflect our intent.
    Additionally, the reference to Sec.  60.102a(b)(1) in Sec.  
63.1564(a)(1)(iv) is being removed as this provision should only 
reference Option 2 in Table 1 (Item 7 in Table 1 of part 63, subpart 
UUU), providing owners or operators with the option to comply with the 
Refinery MACT 2 p.m. option when they choose not to comply with one of 
the NSPS options. A typographical correction is being made to the 
reference to Sec.  63.1566(a)(5)(iii) in 40 CFR part 63, subpart UUU, 
Table 3, Item 12 to correctly reference Sec.  63.1564(a)(5)(ii). 
Finally, an editorial correction is being made to add the word ``and'' 
in place of a semicolon in 40 CFR part 63, subpart UUU, Table 5, Item 
2.

------------------------------------------------------------------------
               Provision                        Proposed revision
------------------------------------------------------------------------
Sec.   60.102a(f)(1)(i)................  Add the phrase ``containing
                                          SO2'' after ``. . . the
                                          discharge of any gases . . .''
                                          in the first sentence of this
                                          paragraph. Remove ``(SO2)'' in
                                          the first sentence of this
                                          paragraph.
Sec.   63.641 Closed blowdown system     Add the word ``a'' before the
 definition.                              phrase, ``. . . process vessel
                                          to a control device or back
                                          into the process.''
Sec.   63.641 Force majeure event        Change ``relief valve'' to
 definition.                              ``pressure relief device.''
Sec.   63.648(a).......................  Edit the list of exceptions to
                                          include paragraphs (j)(1) and
                                          (2) of this section.
Sec.   63.655(h)(8)....................  Remove the word ``periodic''
                                          and edit to require submittal
                                          within 45 days after the end
                                          of each reporting period.
Sec.   63.658(c)(1)....................  Delete the phrase ``that are
                                          located offshore.''
Sec.   63.670(o)(1)(ii)(B).............  Change the word ``valve'' to
                                          ``device.''
Sec.   63.1564(a)(1)(iv)...............  Remove the reference to Sec.
                                          60.102a(b)(1).
Sec.   63.1566 (a)(4)..................  Revise the paragraph to allow 3
                                          years to comply with Tables 15
                                          and 16 for active depressuring
                                          and purging, when the reactor
                                          vent pressure is 5 psig or
                                          less.
40 CFR part 63, subpart UUU, Table 2,    Add specific text to clarify
 Item 1.                                  that the 20 percent opacity
                                          operating limit becomes
                                          effective ``On and after
                                          August 1, 2017. . . .''
40 CFR part 63, subpart UUU, Table 3,    Correct the citation to Sec.
 Item 12.                                 63.1564(a)(5)(ii).
40 CFR part 63, subpart UUU, Table 5,    Replace the second semicolon
 Item 2.                                  with the word ``and.''
------------------------------------------------------------------------


[[Page 6819]]

C. Impacts

    We expect the additional compliance time will have an insignificant 
effect on emission reductions and costs, 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 (some only occur on a 5-year cycle) and are 
usually of short duration.

IV. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at http://www2.epa.gov/laws-regulations//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. Paperwork Reduction Act (PRA)

    This action does not impose any new information collection burden 
under the PRA. 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 Paperwork Reduction 
Act, 44 U.S.C. 3501 et seq. and has assigned OMB control numbers 2060-
0340 and 2060-0554. The proposed amendments are revisions to compliance 
dates, clarifications and technical corrections that do not affect the 
estimated burden of the existing rule. Therefore, we have not revised 
the information collection request for the existing rule.

C. 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 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, clarifications, and technical corrections 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.

D. 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.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government.

F. 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.

G. 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 serve to revise compliance dates and 
make technical clarifications and corrections. We expect 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. Further, this action 
will allow more time for refiners to implement procedures to safely 
start up and shut down equipment which should minimize safety risks for 
all populations.

H. 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.

I. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    The EPA believes the human health or environmental risk addressed 
by this action will not have potential disproportionately high and 
adverse human health or environmental effects on minority, low-income, 
or indigenous populations. The proposed amendments serve to revise 
compliance dates and make technical clarifications and corrections. We 
expect 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. Further, this 
action will allow more time for refiners to implement procedures to 
safely start up and shut down equipment which should minimize safety 
risks for all populations.

List of Subjects

40 CFR Part 60

    Environmental protection, Administrative practice and procedures, 
Air pollution control, Hazardous substances, Incorporation by 
reference, Intergovernmental relations, Reporting and recordkeeping 
requirements.

40 CFR Part 63

    Environmental protection, Administrative practice and procedures, 
Air pollution control, Hazardous substances, Incorporation by 
reference, Intergovernmental relations, Reporting and recordkeeping 
requirements.

    Dated: January 29, 2016.
Gina McCarthy,
Administrator.

    For the reasons stated in the preamble, title 40, chapter I, of the 
Code

[[Page 6820]]

of Federal Regulations is proposed to be amended as follows:

PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES

0
1. The authority citation for part 60 continues to read as follows:

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

Subpart Ja--Standards of Performance for Petroleum Refineries for 
Which Construction, Reconstruction, or Modification Commenced After 
May 14, 2007

0
2. Section 60.102a is amended by revising the first sentence of 
paragraph (f)(1)(i) to read as follows:


Sec.  60.102a  Emissions limitations.

* * * * *
    (f) * * *
    (1) * * *
    (i) For a sulfur recovery plant with an oxidation control system or 
a reduction control system followed by incineration, the owner or 
operator shall not discharge or cause the discharge of any gases 
containing SO<INF>2</INF> into the atmosphere in excess of the emission 
limit calculated using Equation 1 of this section. * * *
* * * * *

PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS 
FOR SOURCE CATEGORIES

0
3. 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

0
4. Section 63.641 is amended by revising the definitions of ``Closed 
blowdown system'' and ``Force majeure event'' to read as follows:


Sec.  63.641  Definitions.

* * * * *
    Closed blowdown system means a system used for depressuring process 
vessels that is not open to the atmosphere and is configured of piping, 
ductwork, connections, accumulators/knockout drums, and, if necessary, 
flow inducing devices that transport gas or vapor from a process vessel 
to a control device or back into the process.
* * * * *
    Force majeure event means a release of HAP, either directly to the 
atmosphere from a pressure relief device or discharged via a flare, 
that is demonstrated to the satisfaction of the Administrator to result 
from an event beyond the refinery owner or operator's control, such as 
natural disasters; acts of war or terrorism; loss of a utility external 
to the refinery (e.g., external power curtailment), excluding power 
curtailment due to an interruptible service agreement; and fire or 
explosion originating at a near or adjoining facility outside of the 
refinery that impacts the refinery's ability to operate.
* * * * *
0
5. Section 63.643 is amended by revising paragraph (c) introductory 
text and adding paragraph (d) to read as follows:


Sec.  63.643  Miscellaneous process vent provisions.

* * * * *
    (c) An owner or operator may designate a process vent as a 
maintenance vent if the vent is only used as a result of startup, 
shutdown, maintenance, or inspection of equipment where equipment is 
emptied, depressurized, degassed or placed into service. The owner or 
operator does not need to designate a maintenance vent as a Group 1 or 
Group 2 miscellaneous process vent. The owner of operator must comply 
with the applicable requirements in paragraphs (c)(1) through (3) of 
this section for each maintenance vent according to the compliance 
dates specified in table 11 of this subpart, unless an extension is 
requested in accordance with the provisions in Sec.  63.6(i).
* * * * *
    (d) After February 1, 2016 and prior to the date of compliance with 
the maintenance vent provisions in paragraph (c) of this section, the 
owner or operator must comply with the requirements in Sec.  63.642(n) 
for each maintenance venting event and maintain records necessary to 
demonstrate compliance with the requirements in Sec.  63.642(n) 
including, if appropriate, records of existing standard site procedures 
used to deinventory equipment for safety purposes.
0
6. Section 63.648 is amended by revising paragraph (a) introductory 
text as follows:


Sec.  63.648  Equipment leak standards.

    (a) Each owner or operator of an existing source subject to the 
provisions of this subpart shall comply with the provisions of 40 CFR 
part 60, subpart VV, and paragraph (b) of this section except as 
provided in paragraphs (a)(1) and (2), (c) through (i), and (j)(1) and 
(2) of this section. Each owner or operator of a new source subject to 
the provisions of this subpart shall comply with subpart H of this part 
except as provided in paragraphs (c) through (i) and (j)(1) and (2) of 
this section.
* * * * *
0
7. Section 63.655 is amended by revising paragraph (h)(8) introductory 
text to read as follows:


Sec.  63.655  Reporting and recordkeeping requirements.

* * * * *
    (h) * * *
    (8) For fenceline monitoring systems subject to Sec.  63.658, 
within 45 calendar days after the end of each reporting period, each 
owner or operator shall submit the following information to the EPA's 
Compliance and Emissions Data Reporting Interface (CEDRI). (CEDRI can 
be accessed through the EPA's Central Data Exchange (CDX) (https://cdx.epa.gov/). The owner or operator need not transmit these data prior 
to obtaining 12 months of data.
* * * * *
0
8. Section 63.658 is amended by revising paragraph (c)(1) to read as 
follows:


Sec.  63.658  Fenceline monitoring provisions.

* * * * *
    (c) * * *
    (1) As it pertains to this subpart, known sources of VOCs, as used 
in Section 8.2.1.3 in Method 325A of appendix A of this part for siting 
passive monitors, means a wastewater treatment unit, process unit, or 
any emission source requiring control according to the requirements of 
this subpart, including marine vessel loading operations. For marine 
vessel loading operations, one passive monitor should be sited on the 
shoreline adjacent to the dock.
* * * * *
0
9. Section 63.670 is amended by revising paragraph (o)(1)(ii)(B) to 
read as follows:


Sec.  63.670  Requirements for flare control devices.

* * * * *
    (o) * * *
    (1) * * *
    (ii) * * *
    (B) Implementation of prevention measures listed for pressure 
relief devices in Sec.  63.648(j)(5) for each pressure relief device 
that can discharge to the flare.
* * * * *
0
10. The appendix to subpart CC is amended by revising table 11 to read 
as follows:

Appendix to Subpart CC of Part 63--Tables

* * * * *

[[Page 6821]]



                                   Table 11--Compliance Dates and Requirements
----------------------------------------------------------------------------------------------------------------
                                          Then the owner or         And the owner or
  If the construction/reconstruction     operator must comply    operator must achieve   Except as provided in .
            date is . . .                     with . . .            compliance . . .               . .
----------------------------------------------------------------------------------------------------------------
(1) After June 30, 2014..............  (i) Requirements for     Upon initial startup...  Sec.   63.640(k), (l)
                                        new sources in Sec.                               and (m).
                                        Sec.   63.643(a) and
                                        (b); 63.644, 63.645,
                                        and 63.647; 63.648(a)
                                        through (i) and (j)(1)
                                        and (2); 63.649
                                        through 63.651; and
                                        63.654 through 63.656.
                                       (ii) Requirements for    Upon initial startup or  Sec.   63.640(k), (l)
                                        new sources in Sec.      February 1, 2016,        and (m).
                                        Sec.   63.642(n),        whichever is later.
                                        63.643(c),
                                        63.648(j)(3), (6) and
                                        (7); and 63.657
                                        through 63.660.
(2) After September 4, 2007 but on or  (i) Requirements for     Upon initial startup...  Sec.   63.640(k), (l)
 before June 30, 2014.                  new sources in Sec.                               and (m).
                                        Sec.   63.643(a) and
                                        (b); 63.644, 63.645,
                                        and 63.647; 63.648(a)
                                        through (i) and (j)(1)
                                        and (2); and 63.649
                                        through 63.651, 63.655
                                        and 63.656.
                                       (ii) Requirements for    Upon initial startup or  Sec.   63.640(k), (l)
                                        new sources in Sec.      October 28, 2009,        and (m).
                                        63.654.                  whichever is later.
                                       (iii) Requirements for   Upon initial startup,    Sec.  Sec.   63.640(k),
                                        new sources in either    but you must             (l) and (m) and
                                        Sec.   63.646 or Sec.    transition to comply     63.660(d).
                                         63.660.                 with only the
                                                                 requirements in Sec.
                                                                 63.660 on or before
                                                                 April 29, 2016.
                                       (iv) Requirements for    On or before August 1,   Sec.  Sec.   63.640(k),
                                        existing sources in      2017.                    (l) and (m) and
                                        Sec.   63.643(c).                                 63.643(d).
                                       (v) Requirements for     On or before January     Sec.   63.640(k), (l)
                                        existing sources in      30, 2018.                and (m).
                                        Sec.   63.658.
                                       (vi) Requirements for    On or before January     Sec.   63.640(k), (l)
                                        existing sources in      30, 2019.                and (m).
                                        Sec.   63.648 (j)(3),
                                        (6) and (7) and Sec.
                                        63.657.
                                       (vii) Requirements in    Upon initial startup or  .......................
                                        Sec.   63.642(n).        February 1, 2016,
                                                                 whichever is later.
(3) After July 14, 1994 but on or      (i) Requirements for     Upon initial startup or  Sec.   63.640(k), (l)
 before September 4, 2007.              new sources in Sec.      August 18, 1995,         and (m).
                                        Sec.   63.643(a) and     whichever is later.
                                        (b); 63.644, 63.645,
                                        and 63.647; 63.648(a)
                                        through (i) and (j)(1)
                                        and (2); and 63.649
                                        through 63.651, 63.655
                                        and 63.656.
                                       (ii) Requirements for    On or before October     Sec.   63.640(k), (l)
                                        existing sources in      29, 2012.                and (m).
                                        Sec.   63.654.
                                       (iii) Requirements for   Upon initial startup,    Sec.  Sec.   63.640(k),
                                        new sources in either    but you must             (l) and (m) and
                                        Sec.   63.646 or Sec.    transition to comply     63.660(d).
                                         63.660.                 with only the
                                                                 requirements in Sec.
                                                                 63.660 on or before
                                                                 April 29, 2016.
                                       (iv) Requirements for    On or before August 1,   Sec.  Sec.   63.640(k),
                                        existing sources in      2017.                    (l) and (m) and
                                        Sec.   63.643(c).                                 63.643(d).
                                       (v) Requirements for     On or before January     Sec.   63.640(k), (l)
                                        existing sources in      30, 2018.                and (m).
                                        Sec.   63.658.
                                       (vi) Requirements for    On or before January     Sec.   63.640(k), (l)
                                        existing sources in      30, 2019.                and (m).
                                        Sec.  Sec.
                                        63.648(j)(3), (6) and
                                        (7) and 63.657.
                                       (vii) Requirements in    Upon initial startup or  .......................
                                        Sec.   63.642(n).        February 1, 2016,
                                                                 whichever is later.
(4) On or before July 14, 1994.......  (i) Requirements for     (a) On or before August  (1) Sec.   63.640(k),
                                        existing sources in      18, 1998.                (l) and (m).
                                        Sec.  Sec.   63.648(a)                           (2) Sec.   63.6(c)(5)
                                        through (i) and (j)(1)                            or unless an extension
                                        and (2); and 63.649,                              has been granted by
                                        63.655 and 63.656.                                the Administrator as
                                                                                          provided in Sec.
                                                                                          63.6(i).
                                       (ii) Either the          (a) On or before August  (1) Sec.   63.640(k),
                                        requirements for         18, 1998.                (l) and (m).
                                        existing sources in                              (2) Sec.   63.6(c)(5)
                                        Sec.  Sec.   63.643(a)                            or unless an extension
                                        and (b); 63.644,                                  has been granted by
                                        63.645, 63.647, 63.650                            the Administrator as
                                        and 63.651; and item                              provided in Sec.
                                        (4)(v) of this table.                             63.6(i).
                                       OR.....................
                                       The requirements in
                                        Sec.  Sec.   63.652
                                        and 63.653.
                                       (iii) Requirements for   On or before August 18,  Sec.  Sec.   63.640(k),
                                        existing sources in      1998, but you must       (l) and (m) and
                                        either Sec.   63.646     transition to comply     63.660(d).
                                        or Sec.   63.660.        with only the
                                                                 requirements in Sec.
                                                                 63.660 on or before
                                                                 April 29, 2016.

[[Page 6822]]

 
                                       (iv) Requirements for    On or before October     Sec.   63.640(k), (l)
                                        existing sources in      29, 2012.                and (m).
                                        Sec.   63.654.
                                       (v) Requirements for     On or before August 1,   Sec.  Sec.   63.640(k),
                                        existing sources in      2017.                    (l) and (m) and
                                        Sec.   63.643(c).                                 63.643(d).
                                       (vi) Requirements for    On or before January     Sec.   63.640(k), (l)
                                        existing sources in      30, 2018.                and (m).
                                        Sec.   63.658.
                                       (vii) Requirements for   On or before January     Sec.   63.640(k), (l)
                                        existing sources in      30, 2019.                and (m).
                                        Sec.  Sec.
                                        63.648(j)(3), (6) and
                                        (7) and 63.657.
                                       (viii) Requirements in   Upon initial startup or  .......................
                                        Sec.   63.642(n).        February 1, 2016,
                                                                 whichever is later.
----------------------------------------------------------------------------------------------------------------

* * * * *

Subpart UUU--National Emission Standards for Hazardous Air 
Pollutants for Petroleum Refineries: Catalytic Cracking Units, 
Catalytic Reforming Units, and Sulfur Recovery Units

0
11. Section 63.1563 is amended by:
0
a. Revising paragraphs (a)(1) and (2) and (b);
0
b. Redesignating paragraphs (d) and (e) as paragraphs (e) and (f), 
respectively;
0
c. Adding paragraph (d); and
0
d. Revising newly redesignated paragraph (e) introductory text.
    The revisions and additions to read as follows:


Sec.  63.1563  When do I have to comply with this subpart?

    (a) * * *
    (1) If you startup your affected source before April 11, 2002, then 
you must comply with the emission limitations and work practice 
standards for new and reconstructed sources in this subpart no later 
than April 11, 2002 except as provided in paragraph (d) of this 
section.
    (2) If you startup your affected source after April 11, 2002, you 
must comply with the emission limitations and work practice standards 
for new and reconstructed sources in this subpart upon startup of your 
affected source except as provided in paragraph (d) of this section.
    (b) If you have an existing affected source, you must comply with 
the emission limitations and work practice standards for existing 
affected sources in this subpart by no later than April 11, 2005 except 
as specified in paragraphs (c) and (d) of this section.
* * * * *
    (d) You must comply with the applicable requirements in Sec. Sec.  
63.1564(a)(5), 63.1565(a)(5) and 63.1568(a)(4) as specified in 
paragraph (d)(1) or (2), as applicable.
    (1) For sources which commenced construction or reconstruction 
before June 30, 2014, you must comply with the applicable requirements 
in Sec. Sec.  63.1564(a)(5), 63.1565(a)(5) and 63.1568(a)(4) on or 
before August 1, 2017 unless an extension is requested and approved in 
accordance with the provisions in Sec.  63.6(i). After February 1, 2016 
and prior to the date of compliance with the provisions in Sec. Sec.  
63.1564(a)(5), 63.1565(a)(5) and 63.1568(a)(4), you must comply with 
the requirements in Sec.  63.1570(c) and (d).
    (2) For sources which commenced construction or reconstruction on 
or after June 30, 2014, you must comply with the applicable 
requirements in Sec. Sec.  63.1564(a)(5), 63.1565(a)(5) and 
63.1568(a)(4) on or before February 1, 2016 or upon startup, whichever 
is later.
    (e) If you have an area source that increases its emissions or its 
potential to emit such that it becomes a major source of HAP, the 
requirements in paragraphs (e)(1) and (2) of this section apply.
* * * * *
0
12. Section 63.1564 is amended by revising paragraphs (a)(1)(iv), 
(a)(5) introductory text and (c)(5) introductory text to read as 
follows:


Sec.  63.1564  What are my requirements for metal HAP emissions from 
catalytic cracking units?

    (a) * * *
    (1) * * *
    (iv) You can elect to comply with the PM per coke burn-off emission 
limit of this chapter (Option 2);
* * * * *
    (5) On or before the date specified in Sec.  63.1563(d), you must 
comply with one of the two options in paragraphs (a)(5)(i) and (ii) of 
this section during periods of startup, shutdown and hot standby:
* * * * *
    (c) * * *
    (5) If you elect to comply with the alternative limit in paragraph 
(a)(5)(ii) of this section during periods of startup, shutdown and hot 
standby, demonstrate continuous compliance on or before the date 
specified in Sec.  63.1563(d) by:
* * * * *
0
13. Section 63.1565 is amended by revising paragraph (a)(5) 
introductory text to read as follows:


Sec.  63.1565  What are my requirements for organic HAP emissions from 
catalytic cracking units?

    (a) * * *
    (5) On or before the date specified in Sec.  63.1563(d), you must 
comply with one of the two options in paragraphs (a)(5)(i) and (ii) of 
this section during periods of startup, shutdown and hot standby:
* * * * *
0
14. Section 63.1566 is amended by revising paragraph (a)(4) to read as 
follows:


Sec.  63.1566  What are my requirements for organic HAP emissions from 
catalytic reforming units?

    (a) * * *
    (4) The emission limitations in Tables 15 and 16 of this subpart do 
not apply to emissions from process vents during passive depressuring 
when the reactor vent pressure is 5 pounds per square inch gauge (psig) 
or less or during active depressuring or purging prior to January 30, 
2019, when the reactor vent pressure is 5 psig or less. On and after 
January 30, 2019, the emission limitations in Tables 15 and 16 of this 
subpart do apply to emissions from process vents during active purging 
operations (when nitrogen or other purge gas is actively introduced to 
the reactor vessel) or active depressuring (using a vacuum pump, 
ejector system, or similar device) regardless of the reactor vent 
pressure.
* * * * *
0
15. Section 63.1568 is amended by revising paragraph (a)(4) 
introductory text to read as follows:


Sec.  63.1568  What are my requirements for organic HAP emissions from 
sulfur recovery units?

    (a) * * *

[[Page 6823]]

    (4) On or before the date specified in Sec.  63.1563(d), you must 
comply with one of the three options in paragraphs (a)(4)(i) through 
(iii) of this section during periods of startup and shutdown.
* * * * *
0
16. Table 2 to subpart UUU of part 63 is amended by revising the entry 
for item 1 to read as follows:
* * * * *

    Table 2 to Subpart UUU of Part 63--Operating Limits for Metal HAP Emissions From Catalytic Cracking Units
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                           For this type of
  For each new or existing catalytic    continuous monitoring       For this type of       You shall meet this
         cracking unit . . .                 system . . .         control device . . .    operating limit . . .
----------------------------------------------------------------------------------------------------------------
1. Subject to the NSPS for PM in 40    Continuous opacity       Any....................  On and after August 1,
 CFR 60.102 and not elect Sec.          monitoring system.                                2017, maintain the 3-
 60.100(e).                                                                               hour rolling average
                                                                                          opacity of emissions
                                                                                          from your catalyst
                                                                                          regenerator vent no
                                                                                          higher than 20
                                                                                          percent.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
0
17. Table 3 to subpart UUU of part 63 is amended by revising the entry 
for item 12 to read as follows:
* * * * *

  Table 3 to Subpart UUU of Part 63--Continuous Monitoring Systems for
            Metal HAP Emissions From Catalytic Cracking Units
                              * * * * * * *
------------------------------------------------------------------------
                              If you use this type
  For each new or existing      of control device    You shall install,
 catalytic cracking unit . .   for your vent . . .      operate, and
              .                                       maintain a . . .
------------------------------------------------------------------------
 
                              * * * * * * *
12. Electing to comply with   Any.................  Continuous parameter
 the operating limits in                             monitoring system
 Sec.   63.1564(a)(5)(ii)                            to measure and
 during periods of startup,                          record the gas flow
 shutdown, or hot standby.                           rate exiting the
                                                     catalyst
                                                     regenerator.\1\
------------------------------------------------------------------------
\1\ If applicable, you can use the alternative in Sec.   63.1573(a)(1)
  instead of a continuous parameter monitoring system for gas flow rate.

* * * * *
0
18. Table 5 to subpart UUU of part 63 is amended by revising the entry 
for item 2 to read as follows:
* * * * *

  Table 5 to Subpart UUU of Part 63--Initial Compliance With Metal HAP
              Emission Limits for Catalytic Cracking Units
                              * * * * * * *
------------------------------------------------------------------------
  For each new and existing
   catalytic cracking unit      For the following         You have
 catalyst regenerator vent .  emission limit . . .  demonstrated initial
             . .                                     compliance if . . .
------------------------------------------------------------------------
 
                              * * * * * * *
2. Subject to NSPS for PM in  PM emissions must     You have already
 40 CFR 60.102a(b)(1)(i); or   not exceed 1.0 g/kg   conducted a
 in Sec.   60.102 and          (1.0 lb PM/1,000      performance test to
 electing Sec.   60.100(e)     lb) of coke burn-     demonstrate initial
 and electing to meet the PM   off.                  compliance with the
 per coke burn-off limit.                            NSPS and the
                                                     measured PM
                                                     emission rate is
                                                     less than or equal
                                                     to 1.0 g/kg (1.0 lb/
                                                     1,000 lb) of coke
                                                     burn-off in the
                                                     catalyst
                                                     regenerator. As
                                                     part of the
                                                     Notification of
                                                     Compliance Status,
                                                     you must certify
                                                     that your vent
                                                     meets the PM limit.
                                                     You are not
                                                     required to do
                                                     another performance
                                                     test to demonstrate
                                                     initial compliance.
                                                     As part of your
                                                     Notification of
                                                     Compliance Status,
                                                     you certify that
                                                     your BLD; CO2, O2,
                                                     or CO monitor; or
                                                     continuous opacity
                                                     monitoring system
                                                     meets the
                                                     requirements in
                                                     Sec.   63.1572.
 
                              * * * * * * *
------------------------------------------------------------------------


[[Page 6824]]

[FR Doc. 2016-02306 Filed 2-8-16; 8:45 am]
 BILLING CODE 6560-50-P


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