View Rule

View EO 12866 Meetings Printer-Friendly Version     Download RIN Data in XML

EPA/AR RIN: 2060-AQ75 Publication ID: Fall 2014 
Title: Petroleum Refinery Sector Risk and Technology Review and New Source Performance Standards 
Abstract:

This action pertains to the Petroleum Refining industry and specifically to petroleum refinery sources that are subject to maximum achievable control technology (MACT) standards in 40 CFR part 63, subparts CC (Refinery MACT 1) and UUU (Refinery MACT 2) and new source performance standards (NSPS) in 40 CFR part 60, subpart Ja. This action is the Petroleum Refining Sector Rulemaking which will address our obligation to perform Risk and Technology Reviews (RTR) for Petroleum Refinery MACT 1 and 2 source categories and will address issues related to the reconsideration of Petroleum Refinery New Source Performance Standard (NSPS) subpart Ja. Petroleum refineries are facilities engaged in refining and producing products made from crude oil or unfinished petroleum derivatives. Emission sources include petroleum refinery-specific process units unique to the industry, such as fluid catalytic cracking units (FCCU) and catalytic reforming units (CRU), as well as units and processes commonly found at other types of manufacturing facilities (including petroleum refineries), such as storage vessels and wastewater treatment plants. Refinery MACT 1 regulates hazardous air pollutant (HAP) emissions from common processes such as miscellaneous process vents (e.g., delayed coking vents), storage vessels, wastewater, equipment leaks, loading racks, marine tank vessel loading and heat exchange systems at petroleum refineries. Refinery MACT 2 regulates HAP from those processes that are unique to the industry including sulfur recovery units (SRU) and from catalyst regeneration in FCCU and CRU. A proposed rule was signed on 5/15/14 and published in the Federal Register on 6/30/14 (79 FR 36880). The EPA is reviewing comments and preparing a final rule for signature in 2015.

 
Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: Yes  Unfunded Mandates: No 
CFR Citation: 40 CFR 60    40 CFR 63   
Legal Authority: Clean Air Act sec 111 and 112   
Legal Deadline:
Action Source Description Date
Final  Judicial  Consent decree deadline for final rule - Air Alliance Houston, et al. v. McCarthy; 12-1607 (RMC); USDC for the District of Columbia filed 1/13/14.  04/17/2015 
NPRM  Judicial  Consent decree deadline for proposed rule - Air Alliance Houston, et al. v. McCarthy; 12-1607 (RMC); USDC for the District of Columbia filed1/13/14.  05/15/2014 

Statement of Need:

This proposal is required by Clean Air Act Section 112 to review technology-based standards and revise them as necessary but no less frequently than every eight years under 112 (d)(6) and to review and reduce remaining risk (ie., residual) according to Section 112 (f).

Summary of the Legal Basis:

Environmental and other public health groups filed a lawsuit alleging that EPA missed statutory deadlines to review and revise Refinery MACT 1 and 2. The EPA reached an agreement to settle this litigation, and in a consent decree filed January 13, 2014 in the U.S. District Court for the District of Columbia, EPA committed to perform the risk and technology review for Refinery MACT 1 and 2 by May 15, 2014 to either propose any regulations or propose that addiitonal regulations are not necessary. Under the consent decree, EPA comitted to take final action by April 17, 2015, establishing regulations pursuant to the risk and technology review or to issue a final determination that revision to the existing rules is not necessary.

Alternatives:

Alternatives were discussed in the proposal preamble published on June 30, 2014, at 79 FR 36879.

Anticipated Costs and Benefits:

For the proposal, estimated total capital investment-- 240 million, total annualized cost- 42 million; Projected reductions of 52,000 tons VOC, 5,560 tons of HAP

Risks:

The risk addressed is human health risk. The proposal estimated that cancer incidence would be reduced by 15% over the current baseline as a result of proposed amendments.

Timetable:
Action Date FR Cite
NPRM  06/30/2014  79 FR 36879   
NPRM Comment Period Extended  08/15/2014  79 FR 48111   
Final Rule  05/00/2015 
Additional Information: Docket #:EPA-HQ-OAR-2010-0682
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal, Local, State 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Information URL: http://www.epa.gov/ttn/atw/petrefine/petrefpg.html  
Sectors Affected: 324110 Petroleum Refineries 
RIN Data Printed in the FR: No 
Agency Contact:
Brenda Shine
Environmental Protection Agency
Air and Radiation
109 T.W. Alexander Drive, Mail Code E143-01,
Research Triangle Park, NC 27711
Phone:919 541-3608
Email: shine.brenda@epa.gov

Brenda Shine
Environmental Protection Agency
Air and Radiation
109 T.W. Alexander Drive, Mail Code E143-01,
Research Triangle Park, NC 27711
Phone:919 541-3608
Fax:919 541-0516
Email: shine.brenda@epa.gov