National Emission Standards for Hazardous Air Pollutants and New Source Performance Standards: Petroleum Refinery Sector Amendments, 31939-31944 [2018-14736]

Download as PDF Federal Register / Vol. 83, No. 132 / Tuesday, July 10, 2018 / Proposed Rules amozie on DSK3GDR082PROD with PROPOSALS1 Through this rulemaking action, the EPA is interpreting section 110 of the CAA, a statutory provision that applies to all states and territories in the United States. In addition, the proposed rule addresses emissions impacts and sources located in 20 States, which are located in multiple EPA Regions and federal circuits. The proposed rule is also based on a common core of factual findings and analyses concerning the transport of pollutants between the different states. Courts have found similar actions to be nationally applicable.107 Furthermore, EPA intends this interpretation and approach to be consistently implemented nationwide with respect to section 110(a)(2)(D)(i)(I) for the 2008 ozone NAAQS. For these reasons, the Administrator proposes to determine that any final action related to this proposal is nationally applicable or, in the alternative, is based on a determination of nationwide scope and effect for purposes of section 307(b)(1). Thus, pursuant to section 307(b) any petitions for review of any final actions regarding the rulemaking must be filed in the Court of Appeals for the District of Columbia Circuit within 60 days from the date any final action is published in the Federal Register. In addition, pursuant to sections 307(d)(1)(C) and 307(d)(1)(V) of the CAA, the Administrator proposes to determine that this action is subject to the provisions of section 307(d). CAA section 307(d)(1)(B) provides that section 307(d) applies to, among other things, ‘‘the promulgation or revision of an implementation plan by the Administrator under CAA section 110(c).’’ 42 U.S.C. 7407(d)(1)(B). Under section 307(d)(1)(V), the provisions of section 307(d) also apply to ‘‘such other actions as the Administrator may determine.’’ 42 U.S.C. 7407(d)(1)(V). The Agency has complied with procedural requirements of CAA section 307(d) during the course of this rulemaking. 107 See, e.g., Texas v. EPA, 2011 U.S. App. LEXIS 5654 (5th Cir. 2011) (finding SIP call to 13 states to be nationally applicable and thus transferring the case to the U.S. Court of Appeals for the D.C. Circuit in accordance with CAA section 307(b)(1)); W. Va. Chamber of Commerce v. Browner, No. 98 1013, 1998 U.S. App. LEXIS 30621, at *24 (4th Cir. 1998) (finding the NOX SIP Call to be nationally applicable based on ‘‘the nationwide scope and interdependent nature of the problem, the large number of states, spanning most of the country, being regulated, the common core of knowledge and analysis involved in formulating the rule, and the common legal interpretation advanced of section 110 of the Clean Air Act’’). Cf. Judgment, Cedar Falls Utilities v. EPA, No. 16–4504 (8th Cir. Feb. 22, 2017) (transferring petition to review CSAPR Update to D.C. Circuit). VerDate Sep<11>2014 17:14 Jul 09, 2018 Jkt 244001 List of Subjects in 40 CFR Part 52 Environmental protection, Administrative practice and procedure, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen oxides, Ozone, Particulate matter, Regional haze, Reporting and recordkeeping requirements, Sulfur dioxide. Dated: June 29, 2018. E. Scott Pruitt, Administrator. For the reasons stated in the preamble, part 52 of chapter I of title 40 of the Code of Federal Regulations is proposed to be amended as follows: 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. §§ 52.54, 52.184, 52.731, 52.789, 52.840, 52.882, 52.984, 52.1084, 52.1186, 52.1284, 52.1326, 52.1584, 52.1684, 52.1882, 52.1930, 52.2040, 52.2283, 52.2440, 52.2540, and 52.2587 [Amended] 2. In 40 CFR part 52 remove the text ‘‘, provided that because the CSAPR FIP was promulgated as a partial rather than full remedy for an obligation of the State to address interstate air pollution, the SIP revision likewise will constitute a partial rather than full remedy for the State’s obligation unless provided otherwise in the Administrator’s approval of the SIP revision’’ from the second sentence in each of the following paragraphs: ■ a. Section 52.54(b)(2); ■ b. Section 52.184(b); ■ c. Section 52.731(b)(2); ■ d. Section 52.789(b)(2); ■ e. Section 52.840(b)(2); ■ f. Section 52.882(b)(1); ■ g. Section 52.984(d)(2); ■ h. Section 52.1084(b)(2); ■ i. Section 52.1186(e)(2); ■ j. Section 52.1284(b); ■ k. Section 52.1326(b)(2); ■ l. Section 52.1584(e)(2); ■ m. Section 52.1684(b)(2); ■ n. Section 52.1882(b)(2); ■ o. Section 52.1930(b); ■ p. Section 52.2040(b)(2); ■ q. Section 52.2283(d)(2); ■ r. Section 52.2440(b)(2); ■ s. Section 52.2540(b)(2); and ■ t. Section 52.2587(e)(2). ■ [FR Doc. 2018–14737 Filed 7–9–18; 8:45 am] BILLING CODE 6560–50–P PO 00000 Frm 00044 Fmt 4702 Sfmt 4702 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 63 [EPA–HQ–OAR–2010–0682; FRL–9980–66– OAR] RIN 2060–AU12 National Emission Standards for Hazardous Air Pollutants and New Source Performance Standards: Petroleum Refinery Sector Amendments Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: This action proposes amendments to the National Emission Standards for Hazardous Air Pollutants (NESHAP) Refinery MACT 1, which was published in the Federal Register on December 1, 2015, and subsequently amended on July 13, 2016. The December 1, 2015, action was the result of a risk and technology review in which the Environmental Protection Agency (EPA) finalized amendments to Refinery MACT 1 and Refinery MACT 2. The July 13, 2016, action finalized technical corrections and clarifications, as well as changes to compliance dates for various emission sources, including the maintenance vent standards that apply during periods of startup, shutdown, maintenance, or inspection. In this action, the EPA is proposing to amend the compliance dates for maintenance vents to January 30, 2019. These proposed revisions do not affect any other requirements in the December 1, 2015, or July 13, 2016, final actions. This proposed action will have an insignificant effect on emissions reductions and no effect on costs. DATES: Comments. Comments must be received on or before August 9, 2018. Public Hearing. If a public hearing is requested by July 16, 2018, then we will hold a public hearing on July 25, 2018 at the location described in the ADDRESSES section. The last day to preregister in advance to speak at the public hearing will be July 23, 2018. ADDRESSES: Comments. Submit your comments, identified by Docket ID No. EPA–HQ–OAR–2010–0682, at https:// www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. See SUPPLEMENTARY INFORMATION for detail about how the EPA treats submitted comments. Regulations.gov is our preferred method of receiving comments. However, the following SUMMARY: PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 31939 E:\FR\FM\10JYP1.SGM 10JYP1 amozie on DSK3GDR082PROD with PROPOSALS1 31940 Federal Register / Vol. 83, No. 132 / Tuesday, July 10, 2018 / Proposed Rules other submission methods are also accepted: • Email: a-and-r-docket@epa.gov. Include Docket ID No. EPA–HQ–OAR– 2010–0682 in the subject line of the message. • Fax: (202) 566–9744. Attention Docket ID No. EPA–HQ–OAR–2010– 0682. • Mail: To ship or send mail via the United States Postal Service, use the following address: U.S. Environmental Protection Agency, EPA Docket Center, Docket ID No. EPA–HQ–OAR–2010– 0682, Mail Code 28221T, 1200 Pennsylvania Avenue NW, Washington, DC 20460. • Hand/Courier Delivery: Use the following Docket Center address if you are using express mail, commercial delivery, hand delivery, or courier: EPA Docket Center, EPA WJC West Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004. Delivery verification signatures will be available only during regular business hours. FOR FURTHER INFORMATION CONTACT: For questions about this proposed action, 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, North Carolina 27711; telephone number: (919) 541–3608; fax number: (919) 541–0516; and email address: shine.brenda@epa.gov. SUPPLEMENTARY INFORMATION: Public Hearing. If a public hearing is requested, it will be held at the EPA WJC East Building, 1201 Constitution Avenue NW, Washington, DC 20004. If a public hearing is requested, then we will provide details about the public hearing on our website at: https:// www.epa.gov/stationary-sources-airpollution/petroleum-refinery-sector-riskand-technology-review-and-new-source. The EPA does not intend to publish another document in the Federal Register announcing any updates on the request for a public hearing. Please contact Ms. Virginia Hunt at (919) 541– 0832 or by email at hunt.virginia@ epa.gov to request a public hearing, to register to speak at the public hearing, or to inquire as to whether a public hearing will be held. The EPA will make every effort to accommodate all speakers who arrive and register. If a hearing is held at a U.S. government facility, individuals planning to attend should be prepared to show a current, valid state- or federalapproved picture identification to the security staff in order to gain access to the meeting room. An expired form of identification will not be permitted. VerDate Sep<11>2014 17:14 Jul 09, 2018 Jkt 244001 Please note that the Real ID Act, passed by Congress in 2005, established new requirements for entering federal facilities. If your driver’s license is issued by a noncompliant state, you must present an additional form of identification to enter a federal facility. Acceptable alternative forms of identification include: Federal employee badge, passports, enhanced driver’s licenses, and military identification cards. Additional information on the Real ID Act is available at https://www.dhs.gov/realid-frequently-asked-questions. Docket. The EPA has established a docket for this rulemaking under Docket ID No. EPA–HQ–OAR–2010–0682. All documents in the docket are listed in Regulations.gov. Although listed, some information is not publicly available, e.g., Confidential Business Information (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 Regulations.gov or in hard copy at the EPA Docket Center, Room 3334, EPA WJC West Building, 1301 Constitution Avenue 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. Instructions. Direct your comments to 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 may be made available online at https:// www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be 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. This type of information should be submitted by mail as discussed below. The EPA may publish any comment received to its public docket. 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 will generally not consider comments or comment contents located outside of the primary submission (i.e., on the Web, PO 00000 Frm 00045 Fmt 4702 Sfmt 4702 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 https://www.epa.gov/dockets/ commenting-epa-dockets. The https://www.regulations.gov website allows you to submit your comments anonymously, 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 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 digital storage media 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. 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 any digital storage media that you mail to the EPA, mark the outside of the digital storage media as CBI and then identify electronically within the digital storage media 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 directly to the public docket through the procedures outlined in Instructions above. If you submit any digital storage media that does not contain CBI, mark the outside of the digital storage media 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 only to the following E:\FR\FM\10JYP1.SGM 10JYP1 31941 Federal Register / Vol. 83, No. 132 / Tuesday, July 10, 2018 / Proposed Rules address: OAQPS Document Control Officer (C404–02), OAQPS, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711, Attention Docket ID No. EPA– HQ–OAR–2010–0682. 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: AFPM American Fuel and Petrochemical Manufacturers API American Petroleum Institute CAA Clean Air Act CBI Confidential Business Information CFR Code of Federal Regulations EPA Environmental Protection Agency HAP hazardous air pollutant(s) LEL lower explosive limit MACT maximum achievable control technology NESHAP national emission standards for hazardous air pollutants NTTAA National Technology Transfer and Advancement Act OAQPS Office of Air Quality Planning and Standards OMB Office of Management and Budget PRA Paperwork Reduction Act RFA Regulatory Flexibility Act 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 III. What actions are we proposing? IV. Summary of Cost, Environmental, and Economic Impacts V. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review B. Executive Order 13771: Reducing Regulations and Controlling Regulatory Costs C. Paperwork Reduction Act (PRA) D. Regulatory Flexibility Act (RFA) E. Unfunded Mandates Reform Act (UMRA) F. Executive Order 13132: Federalism G. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments H. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks I. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use J. National Technology Transfer and Advancement Act (NTTAA) K. 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? Table 1 of this preamble lists the NESHAP and associated regulated industrial source categories that are the subject of this proposal. Table 1 is not intended to be exhaustive, but rather provides a guide for readers regarding the entities that this proposed action is likely to affect. The proposed standards, once promulgated, will be directly applicable to the affected sources. Federal, state, local, and tribal government entities would not be affected by this proposed action. As defined in the Initial List of Categories of Sources Under Section 112(c)(1) of the Clean Air Act Amendments of 1990 (see 57 FR 31576, July 16, 1992), the category titled Petroleum Refineries— Other Sources Not Distinctly Listed includes any facility engaged in producing gasoline, napthas, kerosene, jet fuels, distillate fuel oils, residual fuel oils, lubricants, or other products from crude oil or unfinished petroleum derivatives. This category includes all refinery emission sources except for three process vent sources listed in the Petroleum Refineries—Catalytic Cracking (Fluid and Other) Units, Catalytic Reforming Units, and Sulfur Plant Units source category. The refinery process units in the Petroleum Refineries—Other Sources Not Distinctly Listed source category include, but are not limited to, thermal cracking, vacuum distillation, crude distillation, hydroheating/ hydrorefining, isomerization, polymerization, lube oil processing, and hydrogen production. TABLE 1—NESHAP AND INDUSTRIAL SOURCE CATEGORIES AFFECTED BY THIS PROPOSED ACTION NAICS code 1 Source category NESHAP Petroleum Refineries .................................................................. 40 CFR part 63, subpart CC ..................................................... amozie on DSK3GDR082PROD with PROPOSALS1 1 North 324110 American Industry Classification System. 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 action is available on the internet. Following signature by the EPA Administrator, the EPA will post a copy of this proposed action at https://www.epa.gov/ stationary-sources-air-pollution/ petroleum-refinery-sector-risk-andtechnology-review-and-new-source. Following publication in the Federal Register, the EPA will post the Federal Register version of the proposal and key technical documents at this same website. A redline version of the regulatory language that incorporates the proposed changes in this action is available in the docket for this action (Docket ID No. EPA–HQ–OAR–2010–0682). VerDate Sep<11>2014 17:14 Jul 09, 2018 Jkt 244001 II. Background The EPA initially promulgated NESHAP pursuant to the Clean Air Act (CAA) sections 112(d)(2) and (3) for major sources in the Petroleum Refineries—Other Sources Not Distinctly Listed source category on August 18, 1995, in 40 CFR part 63, subpart CC. These standards are also referred to as maximum achievable control technology (MACT) standards and this NESHAP for petroleum refineries is commonly referred to as Refinery MACT 1. The 1995 Refinery MACT 1 rule regulates miscellaneous process vents, storage vessels, wastewater, equipment leaks, gasoline loading racks, and marine tank vessel loading. On October 28, 2009, the EPA promulgated amendments to Refinery MACT 1 to include MACT standards for PO 00000 Frm 00046 Fmt 4702 Sfmt 4702 heat exchange systems, which were not originally addressed in Refinery MACT 1. This same rulemaking included updating cross-references to the General Provisions in 40 CFR part 63. The EPA completed a residual risk and technology review of Refinery MACT 1, publishing final amendments on December 1, 2015. The December 1, 2015, final amendments included revisions to the Refinery MACT 1 requirements for process vents designated as ‘‘maintenance vents.’’ Maintenance vents are used only during startup, shutdown, maintenance, or inspection of equipment activities during which the equipment is emptied, depressurized, degassed, or placed into service. The December 1, 2015, final amendments require that the hydrocarbon content of the vapor in the equipment served by the maintenance E:\FR\FM\10JYP1.SGM 10JYP1 31942 Federal Register / Vol. 83, No. 132 / Tuesday, July 10, 2018 / Proposed Rules amozie on DSK3GDR082PROD with PROPOSALS1 vent to be less than or equal to 10 percent of the lower explosive limit (LEL) prior to venting to the atmosphere. The December 1, 2015, final rule also provides specific allowances for situations when the 10percent LEL cannot be demonstrated or is technically infeasible. The compliance date included in the December 1, 2015, final rule for maintenance vents located at sources constructed on or before June 30, 2014, was February 1, 2016 (the effective date of the December 1, 2015, final amendments). On January 19, 2016, the EPA received a petition for reconsideration from the American Petroleum Institute (API) and the American Fuel and Petrochemical Manufacturers (AFPM) formally requesting that the EPA reconsider the compliance date for maintenance vents located at sources constructed on or before June 30, 2014, among other issues. In response to this petition, on July 13, 2016, the EPA revised the compliance date for maintenance vents located at sources constructed on or before June 30, 2014, from February 1, 2016, to August 1, 2017 (81 FR 45232; July 13, 2016). III. What actions are we proposing? In this action, the EPA is proposing to revise the compliance date for maintenance vents located at sources constructed on or before June 30, 2014, from August 1, 2017, to January 30, 2019. This proposed compliance date would provide petroleum refinery owners or operators with an additional 18 months to achieve compliance. The EPA is aware that many refineries have made good faith efforts to achieve compliance, including applying for and receiving an additional 12-month compliance extension. This makes their compliance deadline August 1, 2018, under the procedures provided in the General Provisions at 40 CFR 63.6(i). The compliance date included in this proposal (i.e., January 30, 2019) is 3 years from the effective date of the December 1, 2015, final rule (i.e., February 1, 2016). This proposed compliance date is consistent with CAA section 112(i)(3)(A), which specifies that the EPA provide a compliance date no more than 3 years after the effective date of the standard. The EPA is proposing to amend the compliance date due to challenges petroleum refinery owners or operators have experienced in attempting to comply with the December 1, 2015, final rule requirements notwithstanding the additional compliance time provided in the July 13, 2016, final rule (i.e., August VerDate Sep<11>2014 17:14 Jul 09, 2018 Jkt 244001 1, 2017) and the compliance extension procedure in 40 CFR 63.6(i) (i.e., August 1, 2018). The new requirements for maintenance vents promulgated in the December 1, 2015, rule resulted in the need for completing the ‘‘management of change process’’ for affected sources (81 FR 45232, 45237, July 13, 2016). The management of change process includes 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, conducting risk assessments, updating associated plans and procedures, providing training, performing prestartup safety reviews, and implementing the change as required by other regulatory programs. Some refinery owners or operators have also indicated the need to install additional control equipment to meet the new requirements, which would require additional engineering design, site preparation, and installation. Additionally, the EPA has received various requests from industry stakeholders for clarification regarding the maintenance vent provisions.1 2 3 4 In consideration of these submissions, the EPA has proposed technical corrections and clarifications for maintenance vents in a proposed rule which was published in the Federal Register on April 10, 2018. The public comment period for this proposed rule closed on May 25, 2018. The April 10, 2018, proposed rule directly affects compliance for maintenance vents and, therefore, creates uncertainty for affected sources, affecting the ability of refinery owners or operators to fully invest in compliance solutions. A compliance date of January 30, 2019, will provide sufficient time for the EPA to take final action on the April 10, 2018, proposal, and sufficient time for sources to complete the management of change process and to fully invest in compliance solutions. 1 Supplemental Request for Administrative Reconsideration of Targeted Elements of the EPA’s Final Rule ‘‘Petroleum Refinery Sector Risk and Technology Review and New Source Performance Standards; Final Rule’’ Howard Feldman, API, and David Friedman, AFPM. February 1, 2016. Docket Item No.: EPA–HQ–OAR–2010–0682–0892. 2 Letter from Matt Todd, API, and David Friedman, AFPM, to P. Lassiter, EPA. July 12, 2016. Available in Docket ID: EPA–HQ–OAR–2010–0682– 0914. 3 Letter from Matt Todd, API, and David Friedman, AFPM, to P. Lassiter, EPA. March 28, 2017. Available in Docket ID: EPA–HQ–OAR–2010– 0682–0915. 4 Todd, Matt. ‘‘Examples.’’ Message to Brenda Shine. September 11, 2017. Email. Available in Docket ID: EPA–HQ–OAR–2010–0682–0927. PO 00000 Frm 00047 Fmt 4702 Sfmt 4702 IV. Summary of Cost, Environmental, and Economic Impacts The additional compliance time will have an insignificant effect on emission reductions and no effect on costs. The amount of time the maintenance vents are used are relatively infrequent and are usually of short duration (81 FR 45237, July 13, 2016). In addition, the proposed compliance date only provides approximately 6 months additional time beyond the August 1, 2018, compliance date for facilities that received a compliance extension under the procedure in 40 CFR 63.6(i). V. Statutory and Executive Order Reviews Additional information about these statutes and Executive Orders can be found at https://www.epa.gov/lawsregulations/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. Executive Order 13771: Reducing Regulations and Controlling Regulatory Costs This action is not expected to be an Executive Order 13771 regulatory action because this action is not significant under Executive Order 12866. C. Paperwork Reduction Act (PRA) This action does not impose any new information collection burden under the PRA. The 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 PRA, 44 U.S.C. 3501 et seq., and has assigned the OMB control numbers 2060–0340 and 2060–0554. The proposed amendments are revisions to compliance dates that do not affect the estimated burden of the existing rule. Therefore, we have not revised the information collection request for the existing rule. D. 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 E:\FR\FM\10JYP1.SGM 10JYP1 31943 Federal Register / Vol. 83, No. 132 / Tuesday, July 10, 2018 / Proposed Rules 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 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. E. 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. F. Executive Order 13132: Federalism This action does not have federalism implications. It will not have substantial direct effects on the states, the relationship between the national government and the states, or the distribution of power and responsibilities among the various levels of government. G. 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. H. 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 revise compliance dates. 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. I. 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. J. National Technology Transfer and Advancement Act (NTTAA) This rulemaking does not involve technical standards. K. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations The EPA believes that this action does not have disproportionately high and adverse human health or environmental effects on minority populations, lowincome populations and/or indigenous peoples, as specified in Executive Order 12898 (59 FR 7629, February 16, 1994). The proposed amendments revise compliance dates. 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. Additionally, the proposed compliance date only provides approximately 6 months beyond the August 1, 2018, compliance date for facilities operating under the compliance extension procedure in 40 CFR 63.6(i). Therefore, the proposed amendments should not appreciably increase risk for any populations. List of Subjects in 40 CFR Parts 60 and 63 Environmental protection, Administrative practice and procedures, Air pollution control, Hazardous substances, Intergovernmental relations, Reporting and recordkeeping requirements. Dated: July 3, 2018. E. Scott Pruitt, Administrator. For the reasons stated in the preamble, title 40, chapter I, of the Code of Federal Regulations is proposed to be amended as follows: PART 63—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES 1. The authority citation for part 63 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. Subpart CC—National Emission Standards for Hazardous Air Pollutants From Petroleum Refineries 2. The appendix to subpart CC is amended by revising items 2(iv), 3(iv) and 4(v) in table 11 to read as follows: ■ Appendix to Subpart CC of Part 63— Tables * * * * * Table 11—Compliance Dates and Requirements * * And the owner or operator must achieve compliance . . . * * * Then the owner or operator must comply with . . . * * (2) * * * ........................................ amozie on DSK3GDR082PROD with PROPOSALS1 If the construction/ reconstruction date is . . . * * * (iv) Requirements for existing On or before January 30, 2019 .... sources in § 63.643(c). * * §§ 63.640(k), (l), and (m) and 63.643(d). * * (3) * * * ........................................ * * * (iv) Requirements for existing On or before January 30, 2019 .... sources in § 63.643(c). * * §§ 63.640(k), (l), and (m) and 63.643(d). * * (4) * * * ........................................ * * * (v) Requirements for existing On or before January 30, 2019 .... sources in § 63.643(c). * * §§ 63.640(k), (l), and (m) and 63.643(d). VerDate Sep<11>2014 17:14 Jul 09, 2018 Jkt 244001 PO 00000 Frm 00048 Fmt 4702 Sfmt 4702 E:\FR\FM\10JYP1.SGM Except as provided in . . . 10JYP1 31944 Federal Register / Vol. 83, No. 132 / Tuesday, July 10, 2018 / Proposed Rules If the construction/ reconstruction date is . . . * * * [FR Doc. 2018–14736 Filed 7–9–18; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration 49 CFR Chapter III, Subchapter B [Docket No. FMCSA–2018–0037] Federal Motor Carrier Safety Regulations (FMCSRs) Which May Be a Barrier to the Safe Integration of Automated Driving Systems in Commercial Vehicle Operations; Public Meeting Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of public listening session. AGENCY: The FMCSA announces a public listening session on July 12, 2018, to solicit information on issues relating to the design, development, testing, and integration of automated driving systems (ADS) equipped commercial motor vehicles (CMVs) on our Nation’s roadways. The listening session will provide interested parties an opportunity to share their views on the FMCSRs as they relate to the development and safe integration of ADS. It will also allow FMCSA to share with stakeholders the ADS strategy and open a channel for two-way communication. This listening session will supplement the information gathered from FMCSA’s previous requests for comment on issues related to automation. The session will be conducted at the same location as the 2018 Automated Vehicles Symposium sponsored by the Association for Unmanned Vehicle Systems International and the Transportation Research Board. During the session representatives from FMCSA and the Federal Highway Administration (FHWA) will solicit information on issues relating to the design, development, testing and integration of ADS-equipped commercial vehicles. Attendees are also encouraged to share any data or analysis on this topic with FMCSA and FHWA representatives. DATES: The meeting will be held Thursday, July 12, 2018, from 1:30 p.m. to 3:30 p.m., Pacific Daylight Time amozie on DSK3GDR082PROD with PROPOSALS1 SUMMARY: VerDate Sep<11>2014 17:14 Jul 09, 2018 And the owner or operator must achieve compliance . . . Then the owner or operator must comply with . . . Jkt 244001 * * (PDT). Comments will be accepted from in-person participants as well as comments submitted via the internet. If all interested participants have had an opportunity to comment, the session may conclude early. ADDRESSES: The public listening session will be held as part of the 2018 Automated Vehicles Symposium at the Hilton San Francisco Union Square, 333 O’Farrell Street, San Francisco, California 94102. Participation in the listening session is free. FOR FURTHER INFORMATION CONTACT: Mr. Michael Huntley, Division Chief, Vehicle and Roadside Operations Division, Office of Carrier, Driver and Vehicle Safety, MC–PSV, (202) 366– 9209, michael.huntley@dot.gov, Federal Motor Carrier Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590–0001. Services for Individuals With Disabilities: For information on facilities or services for individuals with disabilities or to request special assistance at the meeting, please contact Victoria Waters, (734) 647–4217 by July 2, 2018. SUPPLEMENTARY INFORMATION: Background The FMCSA is responsible for overseeing the safety of CMVs, their drivers, and those motor carriers operating CMVs in interstate commerce. The Agency works with Federal, State, and local enforcement agencies, the motor carrier industry, safety groups, and organized labor to reduce crashes, injuries, and fatalities involving large trucks and buses. The FMCSRs provide rules to ensure the safe operation of CMVs, as defined in 49 CFR 390.5, which includes vehicles with a gross vehicle weight/ gross combination weight or gross vehicle weight rating/gross combination weight rating, whichever is greater, of 10,001 pounds or more; passengercarrying vehicles designed or used to transport 9 to 15 passengers for direct compensation; passenger-carrying vehicles designed or used to transport 16 or more passengers; and any size vehicle transporting hazardous materials in a quantity requiring placards. On September 12, 2017, the Department published the Automated PO 00000 Frm 00049 Fmt 4702 Except as provided in . . . Sfmt 4702 * * Driving Systems (ADS): A Vision for Safety 2.0. (the Voluntary Guidance), adopting the SAE International (SAE) J3016 standard’s definition for levels of automation.1 The SAE definitions divide vehicles into levels base on ‘‘who does what, when.’’ Generally: • SAE Level 0, No Driving Automation; the driver performs all driving tasks. • SAE Level 1, Driver Assistance; the vehicle is controlled by the driver, but some driving assist features may be included in the vehicle design. • SAE Level 2, Partial Driving Automation; the vehicle has combined automated functions, like acceleration and steering, but the driver must remain engaged with the driving task and monitor the environment at all times. • SAE Level 3, Conditional Driving Automation; the driver is a necessity, but is not required to monitor the environment. The driver must be ready to take control of the vehicle at all times with notice. • SAE Level 4, High Driving Automation; the vehicle is capable of performing all driving functions under certain conditions. The driver may have the option to control the vehicle. • SAE Level 5, Full Driving Automation: the vehicle is capable of performing all driving functions under all conditions. Using the SAE levels described above, the Department draws a distinction between Levels 0–2 and 3–5 based on whether the human driver or the automated system is primarily responsible for monitoring the driving environment. For the purposes of this Federal Register notice and the July 12 public listening session, the Agency’s primary focus is SAE Levels 3–5 ADS. The FMCSA encourages the development of these advanced safety technologies for use in CMVs. The Agency also recognizes the need to work with the States and localities to ensure that all testing and use of these advanced safety systems supports the safe operation and deployment of ADSequipped CMVs. FMCSA’s 2018 Request for Comments On March 28, 2018, FMCSA published ‘‘Request for Comments Concerning Federal Motor Carrier Safety Regulations (FMCSRs) Which May Be a 1 Publication E:\FR\FM\10JYP1.SGM 10JYP1 No. DOT HS 812 442.

Agencies

[Federal Register Volume 83, Number 132 (Tuesday, July 10, 2018)]
[Proposed Rules]
[Pages 31939-31944]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14736]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2010-0682; FRL-9980-66-OAR]
RIN 2060-AU12


National Emission Standards for Hazardous Air Pollutants and New 
Source Performance Standards: Petroleum Refinery Sector Amendments

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: This action proposes amendments to the National Emission 
Standards for Hazardous Air Pollutants (NESHAP) Refinery MACT 1, which 
was published in the Federal Register on December 1, 2015, and 
subsequently amended on July 13, 2016. The December 1, 2015, action was 
the result of a risk and technology review in which the Environmental 
Protection Agency (EPA) finalized amendments to Refinery MACT 1 and 
Refinery MACT 2. The July 13, 2016, action finalized technical 
corrections and clarifications, as well as changes to compliance dates 
for various emission sources, including the maintenance vent standards 
that apply during periods of startup, shutdown, maintenance, or 
inspection. In this action, the EPA is proposing to amend the 
compliance dates for maintenance vents to January 30, 2019. These 
proposed revisions do not affect any other requirements in the December 
1, 2015, or July 13, 2016, final actions. This proposed action will 
have an insignificant effect on emissions reductions and no effect on 
costs.

DATES: 
    Comments. Comments must be received on or before August 9, 2018.
    Public Hearing. If a public hearing is requested by July 16, 2018, 
then we will hold a public hearing on July 25, 2018 at the location 
described in the ADDRESSES section. The last day to pre-register in 
advance to speak at the public hearing will be July 23, 2018.

ADDRESSES: Comments. Submit your comments, identified by Docket ID No. 
EPA-HQ-OAR-2010-0682, at https://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. See SUPPLEMENTARY 
INFORMATION for detail about how the EPA treats submitted comments. 
Regulations.gov is our preferred method of receiving comments. However, 
the following

[[Page 31940]]

other submission methods are also accepted:
     Email: [email protected]. Include Docket ID No. EPA-
HQ-OAR-2010-0682 in the subject line of the message.
     Fax: (202) 566-9744. Attention Docket ID No. EPA-HQ-OAR-
2010-0682.
     Mail: To ship or send mail via the United States Postal 
Service, use the following address: U.S. Environmental Protection 
Agency, EPA Docket Center, Docket ID No. EPA-HQ-OAR-2010-0682, Mail 
Code 28221T, 1200 Pennsylvania Avenue NW, Washington, DC 20460.
     Hand/Courier Delivery: Use the following Docket Center 
address if you are using express mail, commercial delivery, hand 
delivery, or courier: EPA Docket Center, EPA WJC West Building, Room 
3334, 1301 Constitution Avenue NW, Washington, DC 20004. Delivery 
verification signatures will be available only during regular business 
hours.

FOR FURTHER INFORMATION CONTACT: For questions about this proposed 
action, 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, North Carolina 
27711; telephone number: (919) 541-3608; fax number: (919) 541-0516; 
and email address: [email protected].

SUPPLEMENTARY INFORMATION: 
    Public Hearing. If a public hearing is requested, it will be held 
at the EPA WJC East Building, 1201 Constitution Avenue NW, Washington, 
DC 20004. If a public hearing is requested, then we will provide 
details about the public hearing on our website at: https://www.epa.gov/stationary-sources-air-pollution/petroleum-refinery-sector-risk-and-technology-review-and-new-source. The EPA does not intend to 
publish another document in the Federal Register announcing any updates 
on the request for a public hearing. Please contact Ms. Virginia Hunt 
at (919) 541-0832 or by email at [email protected] to request a 
public hearing, to register to speak at the public hearing, or to 
inquire as to whether a public hearing will be held.
    The EPA will make every effort to accommodate all speakers who 
arrive and register. If a hearing is held at a U.S. government 
facility, individuals planning to attend should be prepared to show a 
current, valid state- or federal-approved picture identification to the 
security staff in order to gain access to the meeting room. An expired 
form of identification will not be permitted. Please note that the Real 
ID Act, passed by Congress in 2005, established new requirements for 
entering federal facilities. If your driver's license is issued by a 
noncompliant state, you must present an additional form of 
identification to enter a federal facility. Acceptable alternative 
forms of identification include: Federal employee badge, passports, 
enhanced driver's licenses, and military identification cards. 
Additional information on the Real ID Act is available at https://www.dhs.gov/real-id-frequently-asked-questions.
    Docket. The EPA has established a docket for this rulemaking under 
Docket ID No. EPA-HQ-OAR-2010-0682. All documents in the docket are 
listed in Regulations.gov. Although listed, some information is not 
publicly available, e.g., Confidential Business Information (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 
Regulations.gov or in hard copy at the EPA Docket Center, Room 3334, 
EPA WJC West Building, 1301 Constitution Avenue 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.
    Instructions. Direct your comments to 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 may be made available 
online at https://www.regulations.gov, including any personal 
information provided, unless the comment includes information claimed 
to be 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. This 
type of information should be submitted by mail as discussed below.
    The EPA may publish any comment received to its public docket. 
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 
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 https://www.epa.gov/dockets/commenting-epa-dockets.
    The https://www.regulations.gov website allows you to submit your 
comments anonymously, 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 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 digital storage media 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.
    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 
any digital storage media that you mail to the EPA, mark the outside of 
the digital storage media as CBI and then identify electronically 
within the digital storage media 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 directly 
to the public docket through the procedures outlined in Instructions 
above. If you submit any digital storage media that does not contain 
CBI, mark the outside of the digital storage media 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 only to the 
following

[[Page 31941]]

address: OAQPS Document Control Officer (C404-02), OAQPS, U.S. 
Environmental Protection Agency, Research Triangle Park, North Carolina 
27711, Attention Docket ID No. EPA-HQ-OAR-2010-0682.
    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:

AFPM American Fuel and Petrochemical Manufacturers
API American Petroleum Institute
CAA Clean Air Act
CBI Confidential Business Information
CFR Code of Federal Regulations
EPA Environmental Protection Agency
HAP hazardous air pollutant(s)
LEL lower explosive limit
MACT maximum achievable control technology
NESHAP national emission standards for hazardous air pollutants
NTTAA National Technology Transfer and Advancement Act
OAQPS Office of Air Quality Planning and Standards
OMB Office of Management and Budget
PRA Paperwork Reduction Act
RFA Regulatory Flexibility Act
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
III. What actions are we proposing?
IV. Summary of Cost, Environmental, and Economic Impacts
V. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Executive Order 13771: Reducing Regulations and Controlling 
Regulatory Costs
    C. Paperwork Reduction Act (PRA)
    D. Regulatory Flexibility Act (RFA)
    E. Unfunded Mandates Reform Act (UMRA)
    F. Executive Order 13132: Federalism
    G. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    H. Executive Order 13045: Protection of Children From 
Environmental Health Risks and Safety Risks
    I. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    J. National Technology Transfer and Advancement Act (NTTAA)
    K. 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?

    Table 1 of this preamble lists the NESHAP and associated regulated 
industrial source categories that are the subject of this proposal. 
Table 1 is not intended to be exhaustive, but rather provides a guide 
for readers regarding the entities that this proposed action is likely 
to affect. The proposed standards, once promulgated, will be directly 
applicable to the affected sources. Federal, state, local, and tribal 
government entities would not be affected by this proposed action. As 
defined in the Initial List of Categories of Sources Under Section 
112(c)(1) of the Clean Air Act Amendments of 1990 (see 57 FR 31576, 
July 16, 1992), the category titled Petroleum Refineries--Other Sources 
Not Distinctly Listed includes any facility engaged in producing 
gasoline, napthas, kerosene, jet fuels, distillate fuel oils, residual 
fuel oils, lubricants, or other products from crude oil or unfinished 
petroleum derivatives. This category includes all refinery emission 
sources except for three process vent sources listed in the Petroleum 
Refineries--Catalytic Cracking (Fluid and Other) Units, Catalytic 
Reforming Units, and Sulfur Plant Units source category. The refinery 
process units in the Petroleum Refineries--Other Sources Not Distinctly 
Listed source category include, but are not limited to, thermal 
cracking, vacuum distillation, crude distillation, hydroheating/
hydrorefining, isomerization, polymerization, lube oil processing, and 
hydrogen production.

    Table 1--NESHAP and Industrial Source Categories Affected by This
                             Proposed Action
------------------------------------------------------------------------
        Source category                   NESHAP          NAICS code \1\
------------------------------------------------------------------------
Petroleum Refineries...........  40 CFR part 63, subpart          324110
                                  CC.
------------------------------------------------------------------------
\1\ North American Industry Classification System.

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 action is available on the internet. Following signature by the 
EPA Administrator, the EPA will post a copy of this proposed action at 
https://www.epa.gov/stationary-sources-air-pollution/petroleum-refinery-sector-risk-and-technology-review-and-new-source. Following 
publication in the Federal Register, the EPA will post the Federal 
Register version of the proposal and key technical documents at this 
same website.
    A redline version of the regulatory language that incorporates the 
proposed changes in this action is available in the docket for this 
action (Docket ID No. EPA-HQ-OAR-2010-0682).

II. Background

    The EPA initially promulgated NESHAP pursuant to the Clean Air Act 
(CAA) sections 112(d)(2) and (3) for major sources in the Petroleum 
Refineries--Other Sources Not Distinctly Listed source category on 
August 18, 1995, in 40 CFR part 63, subpart CC. These standards are 
also referred to as maximum achievable control technology (MACT) 
standards and this NESHAP for petroleum refineries is commonly referred 
to as Refinery MACT 1. The 1995 Refinery MACT 1 rule regulates 
miscellaneous process vents, storage vessels, wastewater, equipment 
leaks, gasoline loading racks, and marine tank vessel loading. On 
October 28, 2009, the EPA promulgated amendments to Refinery MACT 1 to 
include MACT standards for heat exchange systems, which were not 
originally addressed in Refinery MACT 1. This same rulemaking included 
updating cross-references to the General Provisions in 40 CFR part 63.
    The EPA completed a residual risk and technology review of Refinery 
MACT 1, publishing final amendments on December 1, 2015. The December 
1, 2015, final amendments included revisions to the Refinery MACT 1 
requirements for process vents designated as ``maintenance vents.'' 
Maintenance vents are used only during startup, shutdown, maintenance, 
or inspection of equipment activities during which the equipment is 
emptied, depressurized, degassed, or placed into service. The December 
1, 2015, final amendments require that the hydrocarbon content of the 
vapor in the equipment served by the maintenance

[[Page 31942]]

vent to be less than or equal to 10 percent of the lower explosive 
limit (LEL) prior to venting to the atmosphere. The December 1, 2015, 
final rule also provides specific allowances for situations when the 
10-percent LEL cannot be demonstrated or is technically infeasible. The 
compliance date included in the December 1, 2015, final rule for 
maintenance vents located at sources constructed on or before June 30, 
2014, was February 1, 2016 (the effective date of the December 1, 2015, 
final amendments).
    On January 19, 2016, the EPA received a petition for 
reconsideration from the American Petroleum Institute (API) and the 
American Fuel and Petrochemical Manufacturers (AFPM) formally 
requesting that the EPA reconsider the compliance date for maintenance 
vents located at sources constructed on or before June 30, 2014, among 
other issues.
    In response to this petition, on July 13, 2016, the EPA revised the 
compliance date for maintenance vents located at sources constructed on 
or before June 30, 2014, from February 1, 2016, to August 1, 2017 (81 
FR 45232; July 13, 2016).

III. What actions are we proposing?

    In this action, the EPA is proposing to revise the compliance date 
for maintenance vents located at sources constructed on or before June 
30, 2014, from August 1, 2017, to January 30, 2019. This proposed 
compliance date would provide petroleum refinery owners or operators 
with an additional 18 months to achieve compliance. The EPA is aware 
that many refineries have made good faith efforts to achieve 
compliance, including applying for and receiving an additional 12-month 
compliance extension. This makes their compliance deadline August 1, 
2018, under the procedures provided in the General Provisions at 40 CFR 
63.6(i). The compliance date included in this proposal (i.e., January 
30, 2019) is 3 years from the effective date of the December 1, 2015, 
final rule (i.e., February 1, 2016). This proposed compliance date is 
consistent with CAA section 112(i)(3)(A), which specifies that the EPA 
provide a compliance date no more than 3 years after the effective date 
of the standard.
    The EPA is proposing to amend the compliance date due to challenges 
petroleum refinery owners or operators have experienced in attempting 
to comply with the December 1, 2015, final rule requirements 
notwithstanding the additional compliance time provided in the July 13, 
2016, final rule (i.e., August 1, 2017) and the compliance extension 
procedure in 40 CFR 63.6(i) (i.e., August 1, 2018). The new 
requirements for maintenance vents promulgated in the December 1, 2015, 
rule resulted in the need for completing the ``management of change 
process'' for affected sources (81 FR 45232, 45237, July 13, 2016). The 
management of change process includes 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, conducting risk assessments, updating associated plans and 
procedures, providing training, performing pre-startup safety reviews, 
and implementing the change as required by other regulatory programs. 
Some refinery owners or operators have also indicated the need to 
install additional control equipment to meet the new requirements, 
which would require additional engineering design, site preparation, 
and installation.
    Additionally, the EPA has received various requests from industry 
stakeholders for clarification regarding the maintenance vent 
provisions.\1\ \2\ \3\ \4\ In consideration of these submissions, the 
EPA has proposed technical corrections and clarifications for 
maintenance vents in a proposed rule which was published in the Federal 
Register on April 10, 2018. The public comment period for this proposed 
rule closed on May 25, 2018. The April 10, 2018, proposed rule directly 
affects compliance for maintenance vents and, therefore, creates 
uncertainty for affected sources, affecting the ability of refinery 
owners or operators to fully invest in compliance solutions.
---------------------------------------------------------------------------

    \1\ Supplemental Request for Administrative Reconsideration of 
Targeted Elements of the EPA's Final Rule ``Petroleum Refinery 
Sector Risk and Technology Review and New Source Performance 
Standards; Final Rule'' Howard Feldman, API, and David Friedman, 
AFPM. February 1, 2016. Docket Item No.: EPA-HQ-OAR-2010-0682-0892.
    \2\ Letter from Matt Todd, API, and David Friedman, AFPM, to P. 
Lassiter, EPA. July 12, 2016. Available in Docket ID: EPA-HQ-OAR-
2010-0682-0914.
    \3\ Letter from Matt Todd, API, and David Friedman, AFPM, to P. 
Lassiter, EPA. March 28, 2017. Available in Docket ID: EPA-HQ-OAR-
2010-0682-0915.
    \4\ Todd, Matt. ``Examples.'' Message to Brenda Shine. September 
11, 2017. Email. Available in Docket ID: EPA-HQ-OAR-2010-0682-0927.
---------------------------------------------------------------------------

    A compliance date of January 30, 2019, will provide sufficient time 
for the EPA to take final action on the April 10, 2018, proposal, and 
sufficient time for sources to complete the management of change 
process and to fully invest in compliance solutions.

IV. Summary of Cost, Environmental, and Economic Impacts

    The additional compliance time will have an insignificant effect on 
emission reductions and no effect on costs. The amount of time the 
maintenance vents are used are relatively infrequent and are usually of 
short duration (81 FR 45237, July 13, 2016). In addition, the proposed 
compliance date only provides approximately 6 months additional time 
beyond the August 1, 2018, compliance date for facilities that received 
a compliance extension under the procedure in 40 CFR 63.6(i).

V. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at https://www.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. Executive Order 13771: Reducing Regulations and Controlling 
Regulatory Costs

    This action is not expected to be an Executive Order 13771 
regulatory action because this action is not significant under 
Executive Order 12866.

C. Paperwork Reduction Act (PRA)

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

D. 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

[[Page 31943]]

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 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.

E. 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.

F. Executive Order 13132: Federalism

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

G. 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.

H. 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 revise compliance dates. 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.

I. 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.

J. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

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

    The EPA believes that this action does not have disproportionately 
high and adverse human health or environmental effects on minority 
populations, low-income populations and/or indigenous peoples, as 
specified in Executive Order 12898 (59 FR 7629, February 16, 1994). The 
proposed amendments revise compliance dates. 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. 
Additionally, the proposed compliance date only provides approximately 
6 months beyond the August 1, 2018, compliance date for facilities 
operating under the compliance extension procedure in 40 CFR 63.6(i). 
Therefore, the proposed amendments should not appreciably increase risk 
for any populations.

List of Subjects in 40 CFR Parts 60 and 63

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

    Dated: July 3, 2018.
E. Scott Pruitt,
Administrator.

    For the reasons stated in the preamble, title 40, chapter I, of the 
Code of Federal Regulations is proposed to be amended as follows:

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

0
1. The authority citation for part 63 continues to read as follows:

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

Subpart CC--National Emission Standards for Hazardous Air 
Pollutants From Petroleum Refineries

0
2. The appendix to subpart CC is amended by revising items 2(iv), 3(iv) 
and 4(v) in table 11 to read as follows:

Appendix to Subpart CC of Part 63--Tables

* * * * *

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 . . .               . .
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
(2) * * *............................  (iv) Requirements for    On or before January     Sec.  Sec.   63.640(k),
                                        existing sources in      30, 2019.                (l), and (m) and
                                        Sec.   63.643(c).                                 63.643(d).
 
                                                  * * * * * * *
(3) * * *............................  (iv) Requirements for    On or before January     Sec.  Sec.   63.640(k),
                                        existing sources in      30, 2019.                (l), and (m) and
                                        Sec.   63.643(c).                                 63.643(d).
 
                                                  * * * * * * *
(4) * * *............................  (v) Requirements for     On or before January     Sec.  Sec.   63.640(k),
                                        existing sources in      30, 2019.                (l), and (m) and
                                        Sec.   63.643(c).                                 63.643(d).
 

[[Page 31944]]

 
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[FR Doc. 2018-14736 Filed 7-9-18; 8:45 am]
 BILLING CODE 6560-50-P
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