Standards of Performance for Petroleum Refineries for Which Construction, Reconstruction, or Modification Commenced After May 14, 2007, 76753-76756 [2013-29731]
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Federal Register / Vol. 78, No. 244 / Thursday, December 19, 2013 / Rules and Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
14. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have determined that this action is one
of a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves the
establishment of a safety zone and
therefore it is categorically excluded
from further review under paragraph
34(g) of Figure 2–1 of the Commandant
Instruction. An environmental analysis
checklist supporting this determination
and a Categorical Exclusion
Determination are available in the
docket where indicated under
ADDRESSES. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this rule.
List of Subjects in 33 CFR Part 165
Dated: December 9, 2013.
M.W. Sibley,
Captain, U.S. Coast Guard, Captain of the
Port, Lake Michigan.
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
[FR Doc. 2013–30173 Filed 12–18–13; 8:45 am]
BILLING CODE 9110–04–P
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapters 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
2. Add § 165.T09–1012 to read as
follows:
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■
§ 165.T09–1012 Safety Zone; Vessel
Launch; Menominee River; Marinette, WI.
Jkt 232001
[EPA–HQ–OAR–2007–0011; FRL–9904–06–
OAR]
RIN 2060–AS03
Standards of Performance for
Petroleum Refineries for Which
Construction, Reconstruction, or
Modification Commenced After May 14,
2007
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
(a) Location. All waters of the
Menominee River in the vicinity of
Marinette Marine Corporation, between
the Bridge Street Bridge located in
position 45°06′12″ N, 087°37′34″ W and
a line crossing the river perpendicularly
passing through position 45°05′57″ N,
15:16 Dec 18, 2013
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 60
1. The authority citation for part 165
continues to read as follows:
■
VerDate Mar<15>2010
087°36′43″ W, in the vicinity of the
Ansul Company (NAD 83).
(b) Effective and Enforcement Period.
This zone will be effective and enforced
from 12:45 p.m. until 3:15 p.m. on
December 18, 2013.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23 of
this part, entry into, transiting, or
anchoring within the safety zone is
prohibited unless authorized by the
Captain of the Port, Lake Michigan or
his designated on-scene representative.
(2) The safety zone is closed to all
vessel traffic, except as may be
permitted by the Captain of the Port,
Lake Michigan or his designated onscene representative.
(3) The ‘‘on-scene representative’’ of
the Captain of the Port, Lake Michigan,
is any Coast Guard commissioned,
warrant or petty officer who has been
designated by the Captain of the Port,
Lake Michigan, to act on his behalf.
(4) Vessel operators desiring to enter
or operate within the safety zone shall
contact the Captain of the Port, Lake
Michigan, or his on-scene representative
to obtain permission to do so. The
Captain of the Port, Lake Michigan, or
his on-scene representative may be
contacted via VHF Channel 16. Vessel
operators given permission to enter or
operate in the safety zone must comply
with all directions given to them by the
Captain of the Port, Lake Michigan, or
his on-scene representative.
The Environmental Protection
Agency (EPA) is taking direct final
action to amend the Standards of
Performance for Petroleum Refineries
for Which Construction, Reconstruction,
SUMMARY:
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76753
or Modification Commenced After May
14, 2007. This direct final rule amends
the definition of ‘‘delayed coking unit’’
by removing process piping and
associated equipment (pumps, valves,
and connectors) from the definition.
This final rule also removes a redundant
definition of ‘‘delayed coking unit’’ from
the rule text.
DATES: This rule is effective on March
19, 2014 without further notice, unless
the EPA receives adverse comment by
February 3, 2014. If the EPA receives
adverse comment, we will publish a
timely withdrawal in the Federal
Register informing the public that some
or all of the amendments in the final
rule will not take effect.
ADDRESSES: Comments. Submit your
comments, identified by Docket ID
Number EPA–HQ–OAR–2007–0011, by
one of the following methods:
• https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
• Email: a-and-r-docket@epa.gov.
Attention Docket ID Number EPA–HQ–
OAR–2007–0011.
• Fax: (202) 566–9744. Attention
Docket ID Number EPA–HQ–OAR–
2007–0011.
• Mail: U.S. Postal Service, send
comments to: EPA Docket Center, EPA
West (Air Docket), Attention Docket ID
Number EPA–HQ–OAR–2007–0011,
U.S. Environmental Protection Agency,
Mailcode: 2822T, 1200 Pennsylvania
Ave. NW., Washington, DC 20460.
Please include a total of two copies.
• Hand Delivery: U.S. Environmental
Protection Agency, EPA West (Air
Docket), Room 3334, 1301 Constitution
Ave. NW., Washington, DC 20004.
Attention Docket ID Number EPA–HQ–
OAR–2007–0011. Such deliveries are
only accepted during the Docket’s
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information.
Instructions. Direct your comments to
Docket ID Number EPA–HQ–OAR–
2007–0011. The EPA’s policy is that all
comments received will be included in
the public docket without change and
may be made available online at
https://www.regulations.gov, including
any personal information provided,
unless the comment includes
information claimed to be 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 https://
www.regulations.gov or email. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means the EPA will not know your
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Federal Register / Vol. 78, No. 244 / Thursday, December 19, 2013 / Rules and Regulations
identity or contact information unless
you provide it in the body of your
comment. If you send an email
comment directly to the EPA without
going through https://
www.regulations.gov, your email
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, the EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
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. For additional information
about the EPA’s public docket, visit the
EPA Docket Center homepage at:
https://www.epa.gov/dockets.
We request that you also send a
separate copy of each comment to the
contact person listed below (see FOR
FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT: Ms.
Brenda Shine, Sector Policies and
Programs Division (E143–01), Office of
Air Quality Planning and Standards,
U.S. Environmental Protection Agency,
Research Triangle Park, NC 27711;
telephone number: (919) 541–3608; fax
number: (919) 541–0246; and email
address: shine.brenda@epa.gov. For
information about the applicability of
the New Source Performance Standards
(NSPS) to a particular entity, contact
Maria Malave, Office of Enforcement
and Compliance Assurance (OECA),
U.S. Environmental Protection Agency,
telephone number: (202) 564–7027; fax
number: (202) 564–0050; and email
address: malave.maria@epa.gov.
SUPPLEMENTARY INFORMATION:
Organization of This Document. The
information in this preamble is
organized as follows:
I. Why is the EPA using a direct final rule?
II. Does this direct final rule apply to me?
III. What should I consider as I prepare my
comments for the EPA?
IV. What are the amendments made by this
direct final rule?
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
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
J. Executive Order 12898: Federal Actions
To Address Environmental Justice in
Minority Populations and Low-Income
Populations
K. Congressional Review Act
I. Why is the EPA using a direct final
rule?
The EPA is publishing this direct final
rule without a prior proposed rule
Category
NAICS
Code 1
Industry ..........................................................................................
Federal government ......................................................................
State/local/tribal government .........................................................
32411
....................
....................
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1 North
because we view this as a
noncontroversial action and anticipate
no adverse comment. However, in the
‘‘Proposed Rules’’ section of today’s
Federal Register, we are publishing a
separate document that will serve as the
proposed rule to the Standards of
Performance for Petroleum Refineries
for Which Construction, Reconstruction
or Modification Commenced After May
14, 2007 (40 CFR part 60 subpart Ja), if
adverse comments are received on this
direct final rule. If EPA receives adverse
comment on all or a distinct portion of
this rule, we will publish a timely
withdrawal in the Federal Register
informing the public that some of this
rule or this entire direct final rule will
not take effect. The rule provisions that
are not withdrawn will become effective
on the date set out above,
notwithstanding adverse comment on
any other provision, unless we
determine that it would not be
appropriate to promulgate those
provisions due to their being affected by
the provision for which we receive
adverse comments. We would address
all public comments in any subsequent
final rule based on the proposed rule.
We will not institute a second comment
period on this action. Any parties
interested in commenting must do so at
this time. For further information about
commenting on this rule, see the
ADDRESSES section of this document.
II. Does this direct final rule apply to
me?
Categories and entities potentially
regulated by this final rule include:
Examples of regulated entities
Petroleum refiners.
Not affected.
Not affected.
American Industry Classification System
This table is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
regulated by this direct final rule. To
determine whether your facility would
be regulated by this direct final rule,
you should examine the applicability
criteria in 40 CFR 60.100a. If you have
any questions regarding the
applicability of this direct final rule to
a particular entity, contact the persons
listed in the preceding FOR FURTHER
INFORMATION CONTACT section.
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III. What should I consider as I prepare
my comments for the EPA?
Submitting CBI. Do not submit
information containing CBI to the EPA
through https://www.regulations.gov or
email. Clearly mark the part or all of the
information that you claim to be CBI.
For CBI information on 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 that is claimed as CBI. In
addition to one complete version of the
comments that includes information
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claimed as CBI, you must submit a copy
of the comments that does not contain
the information claimed as CBI for
inclusion in the public docket. If you
submit a CD–ROM or disk that does not
contain CBI, mark the outside of the
disk or CD–ROM clearly that it does not
contain CBI. Information not marked as
CBI will be included in the public
docket and the EPA’s electronic public
docket without prior notice. Information
marked as CBI will not be disclosed
except in accordance with procedures
set forth in 40 Code of Federal
Regulations (CFR) part 2. Send or
deliver information identified as CBI
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only to the following address: Roberto
Morales, OAQPS Document Control
Officer (C404–02), OAQPS, U.S.
Environmental Protection Agency,
Research Triangle Park, North Carolina
27711, and Attention Docket ID Number
EPA–HQ–OAR–2007–0011.
IV. What are the amendments made by
this direct final rule?
Presently, ‘‘delayed coking unit’’ is
defined as follows:
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Delayed coking unit means a refinery process
unit in which high molecular weight
petroleum derivatives are thermally cracked
and petroleum coke is produced in a series
of closed, batch system reactors. A delayed
coking unit includes, but is not limited to, all
of the coke drums associated with a single
fractionator; the fractionator, including the
bottoms receiver and the overhead
condenser; the coke drum cutting water and
quench system, including the jet pump and
coker quench water tank; process piping and
associated equipment such as pumps, valves
and connectors; and the coke drum
blowdown recovery compressor system.
40 CFR 60.101a. This direct final rule
amends the definition of ‘‘delayed
coking unit’’ by removing the phrase
‘‘process piping and associated
equipment such as pumps, valves and
connectors.’’ Emissions from process
piping and associated equipment
(pumps, valves and connectors) are
already covered under 40 CFR part 60,
subparts GGG or GGGa; the controls
required under this rule (40 CFR part
60, subpart Ja) do not address the
emissions from such equipment. Rather,
this rule addresses emissions from the
delayed coking unit’s process vent.
Although we included process piping
and associated equipment in the
definition of ‘‘delayed coking unit’’
because it is necessary to operate the
delayed coking unit, the inclusion of
this equipment within the definition
results in very minor changes, such as
adding a few valves and connectors for
a new sample point or pressure gauge,
to be considered a ‘‘modification’’ of the
delayed coking unit. This is because,
under the definition above, these
additional valves would increase
emissions from the delayed coking unit
even though the increase would not
occur at emissions points regulated
under this rule. See 40 CFR 60.14. This
was an inadvertent result as the EPA did
not intend for such small changes to
process piping and associated
equipment (such as pumps, valves and
connectors, which, as noted above, are
regulated elsewhere), to constitute a
modification of the delayed coking unit
under 40 CFR part 60, subpart Ja. As a
result, this modification would require
immediate compliance with the coke
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drum vent control requirements in 40
CFR 60.103a(i). Thus, we are removing
this phrase from the definition.
This direct final rule also removes a
redundant definition of ‘‘delayed coking
unit’’ from 40 CFR 60.101a. When 40
CFR part 60, subpart Ja, was amended
on September 12, 2012 (77 FR 56422),
we added new definitions that preceded
the old definition of ‘‘delayed coking
unit’’ alphabetically, and we amended
the then-existing definition of ‘‘delayed
coking unit.’’ However, the old
definition of ‘‘delayed coking unit’’ was
not removed from the CFR when these
other changes were made. Therefore,
this direct final rule removes the old
definition of ‘‘delayed coking unit,’’ as
it is no longer accurate and may be
confusing to stakeholders.
Comments on this direct final rule are
to be limited to issues directly
associated with the amended definition
of ‘‘delayed coking unit.’’
V. Statutory and Executive Order
Reviews
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’’ under the terms of
Executive Order 12866 (58 FR 51735,
October 4, 1993) and is therefore not
subject to review under Executive
Orders 12866 and 13563 (76 FR 3821,
January 21, 2011).
B. Paperwork Reduction Act
This action does not impose any new
information collection burden because it
does not change the information
collection requirements. However, OMB
has previously approved the
information collection requirements
contained in the existing rule (40 CFR
part 60, subpart Ja) under the provisions
of the Paperwork Reduction Act, 44
U.S.C. 3501, et seq., and has assigned
OMB control number 2060–0602. The
OMB control numbers for the EPA’s
regulations are listed in 40 CFR part 9.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act
generally requires an agency to prepare
a regulatory flexibility analysis of any
rule subject to notice and comment
rulemaking requirements under the
Administrative Procedure Act or any
other statute unless the agency certifies
that the rule would not have a
significant economic impact on a
substantial number of small entities.
Small entities include small businesses,
small organizations and small
governmental jurisdictions.
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For purposes of assessing the impact
of this final action on small entities,
small entity is defined as: (1) a small
business whose parent company has no
more than 1,500 employees, that is
primarily engaged in refining crude
petroleum into refined petroleum as
defined by NAICS code 32411 (as
defined by Small Business
Administration size standards); (2) a
small governmental jurisdiction that is a
government of a city, county, town,
school district or special district with a
population of less than 50,000; and (3)
a small organization that is any not-forprofit enterprise which is independently
owned and operated and is not
dominant in its field.
After considering the economic
impacts of this final rule on small
entities, I certify that this action will not
have a significant economic impact on
a substantial number of small entities.
In determining whether a rule has a
significant economic impact on a
substantial number of small entities, the
impact of concern is any significant
adverse economic impact on small
entities, since the primary purpose of
the regulatory flexibility analyses is to
identify and address regulatory
alternatives ‘‘which minimize any
significant economic impact of the rule
on small entities.’’ 5 U.S.C. 603 and 604.
Thus, 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, or otherwise has a positive
economic effect on all of the small
entities subject to the rule.
This rule will not impose any
requirements on small entities, and no
small entities are expected to incur
annualized costs as a result of the
amendments. The amendments may
reduce burden for small entities with
delayed coking units. We have
determined that the amendments will
not result in any ‘‘significant’’ adverse
economic impact for small entities. This
amendment does not create any new
requirements or burdens, and no costs
are associated with this amendment. We
have, therefore, concluded that this final
rule will relieve regulatory burden for
all affected small entities.
D. Unfunded Mandates Reform Act
This rule does not contain a federal
mandate that may result in expenditures
of $100 million or more for state, local
and tribal governments, in the aggregate,
or the private sector in any one year.
The costs of the final amendments
would not increase costs associated
with the final rule. Thus, this rule is not
subject to the requirements of sections
202 or 205 of the UMRA.
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This rule is also not subject to the
requirements of section 203 of UMRA
because it contains no regulatory
requirements that might significantly or
uniquely affect small governments. The
final amendments contain no
requirements that apply to such
governments and impose no obligations
upon them.
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, as specified in
Executive Order 13132. This action does
not modify existing responsibilities or
create new responsibilities among EPA
Regional offices, states or local
enforcement agencies. Thus, Executive
Order 13132 does not apply to this
action.
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This action does not have tribal
implications, as specified in Executive
Order 13175 (65 FR 67249, November 9,
2000). The final amendments impose no
requirements on tribal governments.
Thus, Executive Order 13175 does not
apply to this action.
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
The EPA interprets Executive Order
13045 (62 FR 19885, April 23, 1997) as
applying to those regulatory actions that
concern health or safety risks, such that
the analysis required under section 5–
501 of the Executive Order has the
potential to influence the regulation.
This action is not subject to Executive
Order 13045 because it is based solely
on technology performance.
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H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution or Use
This action is not subject to Executive
Order 13211 (66 FR 28355 (May 22,
2001)), because it is not a significant
regulatory action under Executive Order
12866.
I. National Technology Transfer and
Advancement Act
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law No.
104–113, 12(d) (15 U.S.C. 272 note)
directs the EPA to use voluntary
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consensus standards (VCS) in its
regulatory activities, unless to do so
would be inconsistent with applicable
law or otherwise impractical. VCS are
technical standards (e.g., materials
specifications, test methods, sampling
procedures and business practices) that
are developed or adopted by VCS
bodies. The NTTAA directs the EPA to
provide Congress, through OMB,
explanations when the agency decides
not to use available and applicable VCS.
This direct final rule does not involve
technical standards. Therefore, the EPA
did not consider the use of any VCS.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
Executive Order 12898 (59 FR 7629,
February 16, 1994) establishes federal
executive policy on environmental
justice. Its main provision directs
federal agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies and activities on minority
populations and low-income
populations in the United States.
The EPA has determined that this
direct final rule will not have
disproportionately high and adverse
human health or environmental effects
on minority or low-income populations
because it does not affect the level of
protection provided to human health or
the environment. The final amendments
are either clarifications or compliance
alternatives which will neither increase
or decrease environmental protection.
K. Congressional Review Act
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
Congress and to the Comptroller General
of the United States. The EPA will
submit a report containing these final
rules and other required information to
the United States Senate, the United
States House of Representatives and the
Comptroller General of the United
States prior to publication of the final
rules in the Federal Register. A major
rule cannot take effect until 60 days
after it is published in the Federal
Register. This action is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2). This
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direct final rule will be effective on
March 19, 2014.
List of Subjects in 40 CFR Part 60
Environmental protection,
Administrative practice and procedure,
Air pollution control, Intergovernmental
relations, Reporting and recordkeeping
requirements.
Dated: December 4, 2013.
Gina McCarthy,
Administrator.
For the reasons stated in the
preamble, title 40, chapter I, of the Code
of Federal Regulations is amended as
follows:
PART 60—[AMENDED]
1. The authority citation for part 60
continues to read as follows:
■
Authority: 42 U.S.C. 7401, et seq.
Subpart Ja—[AMENDED]
2. Section 60.101a is amended by:
a. Removing the first definition of
‘‘delayed coking unit’’ that occurs out of
alphabetical order between the terms
‘‘contact material’’ and ‘‘corrective
action’’ and
■ b. Revising the second definition of
‘‘delayed coking unit.’’ The revisions
read as follows:
■
■
§ 60.101a
Definitions.
*
*
*
*
*
Delayed coking unit means a refinery
process unit in which high molecular
weight petroleum derivatives are
thermally cracked and petroleum coke
is produced in a series of closed, batch
system reactors. A delayed coking unit
includes, but is not limited to, all of the
coke drums associated with a single
fractionator; the fractionator, including
the bottoms receiver and the overhead
condenser; the coke drum cutting water
and quench system, including the jet
pump and coker quench water tank; and
the coke drum blowdown recovery
compressor system.
*
*
*
*
*
[FR Doc. 2013–29731 Filed 12–18–13; 8:45 am]
BILLING CODE 6560–50–P
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Agencies
[Federal Register Volume 78, Number 244 (Thursday, December 19, 2013)]
[Rules and Regulations]
[Pages 76753-76756]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-29731]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 60
[EPA-HQ-OAR-2007-0011; FRL-9904-06-OAR]
RIN 2060-AS03
Standards of Performance for Petroleum Refineries for Which
Construction, Reconstruction, or Modification Commenced After May 14,
2007
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to amend the Standards of Performance for Petroleum
Refineries for Which Construction, Reconstruction, or Modification
Commenced After May 14, 2007. This direct final rule amends the
definition of ``delayed coking unit'' by removing process piping and
associated equipment (pumps, valves, and connectors) from the
definition. This final rule also removes a redundant definition of
``delayed coking unit'' from the rule text.
DATES: This rule is effective on March 19, 2014 without further notice,
unless the EPA receives adverse comment by February 3, 2014. If the EPA
receives adverse comment, we will publish a timely withdrawal in the
Federal Register informing the public that some or all of the
amendments in the final rule will not take effect.
ADDRESSES: Comments. Submit your comments, identified by Docket ID
Number EPA-HQ-OAR-2007-0011, by one of the following methods:
https://www.regulations.gov: Follow the on-line
instructions for submitting comments.
Email: a-and-r-docket@epa.gov. Attention Docket ID Number
EPA-HQ-OAR-2007-0011.
Fax: (202) 566-9744. Attention Docket ID Number EPA-HQ-
OAR-2007-0011.
Mail: U.S. Postal Service, send comments to: EPA Docket
Center, EPA West (Air Docket), Attention Docket ID Number EPA-HQ-OAR-
2007-0011, U.S. Environmental Protection Agency, Mailcode: 2822T, 1200
Pennsylvania Ave. NW., Washington, DC 20460. Please include a total of
two copies.
Hand Delivery: U.S. Environmental Protection Agency, EPA
West (Air Docket), Room 3334, 1301 Constitution Ave. NW., Washington,
DC 20004. Attention Docket ID Number EPA-HQ-OAR-2007-0011. Such
deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions. Direct your comments to Docket ID Number EPA-HQ-OAR-
2007-0011. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at https://www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be 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 https://www.regulations.gov or email. The https://www.regulations.gov Web site
is an ``anonymous access'' system, which means the EPA will not know
your
[[Page 76754]]
identity or contact information unless you provide it in the body of
your comment. If you send an email comment directly to the EPA without
going through https://www.regulations.gov, your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, the EPA recommends that you include your
name and other contact information in the body of your comment and with
any 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. For additional information about the EPA's
public docket, visit the EPA Docket Center homepage at: https://www.epa.gov/dockets.
We request that you also send a separate copy of each comment to
the contact person listed below (see FOR FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT: Ms. Brenda Shine, Sector Policies and
Programs Division (E143-01), Office of Air Quality Planning and
Standards, U.S. Environmental Protection Agency, Research Triangle
Park, NC 27711; telephone number: (919) 541-3608; fax number: (919)
541-0246; and email address: shine.brenda@epa.gov. For information
about the applicability of the New Source Performance Standards (NSPS)
to a particular entity, contact Maria Malave, Office of Enforcement and
Compliance Assurance (OECA), U.S. Environmental Protection Agency,
telephone number: (202) 564-7027; fax number: (202) 564-0050; and email
address: malave.maria@epa.gov.
SUPPLEMENTARY INFORMATION:
Organization of This Document. The information in this preamble is
organized as follows:
I. Why is the EPA using a direct final rule?
II. Does this direct final rule apply to me?
III. What should I consider as I prepare my comments for the EPA?
IV. What are the amendments made by this direct final rule?
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
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
J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
K. Congressional Review Act
I. Why is the EPA using a direct final rule?
The EPA is publishing this direct final rule without a prior
proposed rule because we view this as a noncontroversial action and
anticipate no adverse comment. However, in the ``Proposed Rules''
section of today's Federal Register, we are publishing a separate
document that will serve as the proposed rule to the Standards of
Performance for Petroleum Refineries for Which Construction,
Reconstruction or Modification Commenced After May 14, 2007 (40 CFR
part 60 subpart Ja), if adverse comments are received on this direct
final rule. If EPA receives adverse comment on all or a distinct
portion of this rule, we will publish a timely withdrawal in the
Federal Register informing the public that some of this rule or this
entire direct final rule will not take effect. The rule provisions that
are not withdrawn will become effective on the date set out above,
notwithstanding adverse comment on any other provision, unless we
determine that it would not be appropriate to promulgate those
provisions due to their being affected by the provision for which we
receive adverse comments. We would address all public comments in any
subsequent final rule based on the proposed rule. We will not institute
a second comment period on this action. Any parties interested in
commenting must do so at this time. For further information about
commenting on this rule, see the ADDRESSES section of this document.
II. Does this direct final rule apply to me?
Categories and entities potentially regulated by this final rule
include:
------------------------------------------------------------------------
NAICS Code Examples of regulated
Category \1\ entities
------------------------------------------------------------------------
Industry......................... 32411 Petroleum refiners.
Federal government............... ........... Not affected.
State/local/tribal government.... ........... Not affected.
------------------------------------------------------------------------
\1\ North American Industry Classification System
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
direct final rule. To determine whether your facility would be
regulated by this direct final rule, you should examine the
applicability criteria in 40 CFR 60.100a. If you have any questions
regarding the applicability of this direct final rule to a particular
entity, contact the persons listed in the preceding FOR FURTHER
INFORMATION CONTACT section.
III. What should I consider as I prepare my comments for the EPA?
Submitting CBI. Do not submit information containing CBI to the EPA
through https://www.regulations.gov or email. Clearly mark the part or
all of the information that you claim to be CBI. For CBI information on
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 that is claimed as CBI. In addition to
one complete version of the comments that includes information claimed
as CBI, you must submit a copy of the comments that does not contain
the information claimed as CBI for inclusion in the public docket. If
you submit a CD-ROM or disk that does not contain CBI, mark the outside
of the disk or CD-ROM clearly that it does not contain CBI. Information
not marked as CBI will be included in the public docket and the EPA's
electronic public docket without prior notice. Information marked as
CBI will not be disclosed except in accordance with procedures set
forth in 40 Code of Federal Regulations (CFR) part 2. Send or deliver
information identified as CBI
[[Page 76755]]
only to the following address: Roberto Morales, OAQPS Document Control
Officer (C404-02), OAQPS, U.S. Environmental Protection Agency,
Research Triangle Park, North Carolina 27711, and Attention Docket ID
Number EPA-HQ-OAR-2007-0011.
IV. What are the amendments made by this direct final rule?
Presently, ``delayed coking unit'' is defined as follows:
Delayed coking unit means a refinery process unit in which high
molecular weight petroleum derivatives are thermally cracked and
petroleum coke is produced in a series of closed, batch system
reactors. A delayed coking unit includes, but is not limited to, all
of the coke drums associated with a single fractionator; the
fractionator, including the bottoms receiver and the overhead
condenser; the coke drum cutting water and quench system, including
the jet pump and coker quench water tank; process piping and
associated equipment such as pumps, valves and connectors; and the
coke drum blowdown recovery compressor system.
40 CFR 60.101a. This direct final rule amends the definition of
``delayed coking unit'' by removing the phrase ``process piping and
associated equipment such as pumps, valves and connectors.'' Emissions
from process piping and associated equipment (pumps, valves and
connectors) are already covered under 40 CFR part 60, subparts GGG or
GGGa; the controls required under this rule (40 CFR part 60, subpart
Ja) do not address the emissions from such equipment. Rather, this rule
addresses emissions from the delayed coking unit's process vent.
Although we included process piping and associated equipment in the
definition of ``delayed coking unit'' because it is necessary to
operate the delayed coking unit, the inclusion of this equipment within
the definition results in very minor changes, such as adding a few
valves and connectors for a new sample point or pressure gauge, to be
considered a ``modification'' of the delayed coking unit. This is
because, under the definition above, these additional valves would
increase emissions from the delayed coking unit even though the
increase would not occur at emissions points regulated under this rule.
See 40 CFR 60.14. This was an inadvertent result as the EPA did not
intend for such small changes to process piping and associated
equipment (such as pumps, valves and connectors, which, as noted above,
are regulated elsewhere), to constitute a modification of the delayed
coking unit under 40 CFR part 60, subpart Ja. As a result, this
modification would require immediate compliance with the coke drum vent
control requirements in 40 CFR 60.103a(i). Thus, we are removing this
phrase from the definition.
This direct final rule also removes a redundant definition of
``delayed coking unit'' from 40 CFR 60.101a. When 40 CFR part 60,
subpart Ja, was amended on September 12, 2012 (77 FR 56422), we added
new definitions that preceded the old definition of ``delayed coking
unit'' alphabetically, and we amended the then-existing definition of
``delayed coking unit.'' However, the old definition of ``delayed
coking unit'' was not removed from the CFR when these other changes
were made. Therefore, this direct final rule removes the old definition
of ``delayed coking unit,'' as it is no longer accurate and may be
confusing to stakeholders.
Comments on this direct final rule are to be limited to issues
directly associated with the amended definition of ``delayed coking
unit.''
V. Statutory and Executive Order Reviews
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'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is
therefore not subject to review under Executive Orders 12866 and 13563
(76 FR 3821, January 21, 2011).
B. Paperwork Reduction Act
This action does not impose any new information collection burden
because it does not change the information collection requirements.
However, OMB has previously approved the information collection
requirements contained in the existing rule (40 CFR part 60, subpart
Ja) under the provisions of the Paperwork Reduction Act, 44 U.S.C.
3501, et seq., and has assigned OMB control number 2060-0602. The OMB
control numbers for the EPA's regulations are listed in 40 CFR part 9.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act generally requires an agency to
prepare a regulatory flexibility analysis of any rule subject to notice
and comment rulemaking requirements under the Administrative Procedure
Act or any other statute unless the agency certifies that the rule
would not have a significant economic impact on a substantial number of
small entities. Small entities include small businesses, small
organizations and small governmental jurisdictions.
For purposes of assessing the impact of this final action on small
entities, small entity is defined as: (1) a small business whose parent
company has no more than 1,500 employees, that is primarily engaged in
refining crude petroleum into refined petroleum as defined by NAICS
code 32411 (as defined by Small Business Administration size
standards); (2) a small governmental jurisdiction that is a government
of a city, county, town, school district or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently owned and operated
and is not dominant in its field.
After considering the economic impacts of this final rule on small
entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. In
determining whether a rule has a significant economic impact on a
substantial number of small entities, the impact of concern is any
significant adverse economic impact on small entities, since the
primary purpose of the regulatory flexibility analyses is to identify
and address regulatory alternatives ``which minimize any significant
economic impact of the rule on small entities.'' 5 U.S.C. 603 and 604.
Thus, 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, or otherwise has a positive economic effect
on all of the small entities subject to the rule.
This rule will not impose any requirements on small entities, and
no small entities are expected to incur annualized costs as a result of
the amendments. The amendments may reduce burden for small entities
with delayed coking units. We have determined that the amendments will
not result in any ``significant'' adverse economic impact for small
entities. This amendment does not create any new requirements or
burdens, and no costs are associated with this amendment. We have,
therefore, concluded that this final rule will relieve regulatory
burden for all affected small entities.
D. Unfunded Mandates Reform Act
This rule does not contain a federal mandate that may result in
expenditures of $100 million or more for state, local and tribal
governments, in the aggregate, or the private sector in any one year.
The costs of the final amendments would not increase costs associated
with the final rule. Thus, this rule is not subject to the requirements
of sections 202 or 205 of the UMRA.
[[Page 76756]]
This rule is also not subject to the requirements of section 203 of
UMRA because it contains no regulatory requirements that might
significantly or uniquely affect small governments. The final
amendments contain no requirements that apply to such governments and
impose no obligations upon them.
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, as
specified in Executive Order 13132. This action does not modify
existing responsibilities or create new responsibilities among EPA
Regional offices, states or local enforcement agencies. Thus, Executive
Order 13132 does not apply to this action.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). The final
amendments impose no requirements on tribal governments. Thus,
Executive Order 13175 does not apply to this action.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
The EPA interprets Executive Order 13045 (62 FR 19885, April 23,
1997) as applying to those regulatory actions that concern health or
safety risks, such that the analysis required under section 5-501 of
the Executive Order has the potential to influence the regulation. This
action is not subject to Executive Order 13045 because it is based
solely on technology performance.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution or Use
This action is not subject to Executive Order 13211 (66 FR 28355
(May 22, 2001)), because it is not a significant regulatory action
under Executive Order 12866.
I. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law No. 104-113, 12(d) (15 U.S.C. 272 note)
directs the EPA to use voluntary consensus standards (VCS) in its
regulatory activities, unless to do so would be inconsistent with
applicable law or otherwise impractical. VCS are technical standards
(e.g., materials specifications, test methods, sampling procedures and
business practices) that are developed or adopted by VCS bodies. The
NTTAA directs the EPA to provide Congress, through OMB, explanations
when the agency decides not to use available and applicable VCS.
This direct final rule does not involve technical standards.
Therefore, the EPA did not consider the use of any VCS.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies and activities on minority populations and low-income
populations in the United States.
The EPA has determined that this direct final rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. The final amendments are either clarifications or
compliance alternatives which will neither increase or decrease
environmental protection.
K. Congressional Review Act
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 Congress and to the Comptroller General
of the United States. The EPA will submit a report containing these
final rules and other required information to the United States Senate,
the United States House of Representatives and the Comptroller General
of the United States prior to publication of the final rules in the
Federal Register. A major rule cannot take effect until 60 days after
it is published in the Federal Register. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2). This direct final rule will be
effective on March 19, 2014.
List of Subjects in 40 CFR Part 60
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Reporting and
recordkeeping requirements.
Dated: December 4, 2013.
Gina McCarthy,
Administrator.
For the reasons stated in the preamble, title 40, chapter I, of the
Code of Federal Regulations is amended as follows:
PART 60--[AMENDED]
0
1. The authority citation for part 60 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
Subpart Ja--[AMENDED]
0
2. Section 60.101a is amended by:
0
a. Removing the first definition of ``delayed coking unit'' that occurs
out of alphabetical order between the terms ``contact material'' and
``corrective action'' and
0
b. Revising the second definition of ``delayed coking unit.'' The
revisions read as follows:
Sec. 60.101a Definitions.
* * * * *
Delayed coking unit means a refinery process unit in which high
molecular weight petroleum derivatives are thermally cracked and
petroleum coke is produced in a series of closed, batch system
reactors. A delayed coking unit includes, but is not limited to, all of
the coke drums associated with a single fractionator; the fractionator,
including the bottoms receiver and the overhead condenser; the coke
drum cutting water and quench system, including the jet pump and coker
quench water tank; and the coke drum blowdown recovery compressor
system.
* * * * *
[FR Doc. 2013-29731 Filed 12-18-13; 8:45 am]
BILLING CODE 6560-50-P