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EPA/AR

RIN: 2060-AQ75

Publication ID: Fall 2011

Title: Petroleum Refinery Sector Risk and Technology Review and NSPS
Abstract: 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 Standards (NSPS) subpart Ja. EPA entered into a settlement agreement with multiple litigants on December 23, 2010. The settlement agreement requires EPA to propose standards of performance for GHGs for affected facilities at refineries that are subject to NSPS subparts J and Ja (Petroleum Refineries, including flares, process heaters, fluid catalytic cracking units, fluid cokers, delayed cokers, and sulfur recovery plants), subpart Db (Industrial-Commercial-Institutional Steam Generating Units [Boilers]), subpart Dc (Small Industrial-Commercial-Institutional Steam Generating Units), subpart GGG (Equipment Leaks of VOC in Petroleum Refineries; e.g., leaking equipment components such as pumps, valves, flanges), and subpart QQQ (VOC Emissions from Petroleum Refinery Wastewater Systems; e.g., drain systems and oil water separators) and to propose emissions guidelines for GHGs from existing affected facilities at refineries in the source categories covered by those NSPS subparts. The settlement also requires EPA to propose to address remaining issues raised in a petition filed in response to the June 24, 2008, promulgation of amendments to the Refinery NSPS subpart J and new standards of performance for subpart Ja, and to propose standards, as necessary, to address the RTR review for the 2002 Refinery MACT II standards. The settlement requires EPA to issue final standards for the NSPS and RTR reviews by November 10, 2012. This settlement agreement is currently under negotiation. In this action, we will also conduct RTR reviews for the two Petroleum Refinery MACT. We will use information obtained through a comprehensive information collection process to address The MACT and NSPS reviews. Uniform standards (for heat exchangers, equipment leaks, storage vessels and transfer operations; control devices and closed-vent systems) are being developed in separate actions and will specify work practices, equipment standards, and monitoring, recordkeeping, and reporting requirements. The refinery sector MACT and NSPS are expected to reference the uniform standards. Later, chemical sector MACT and NSPS will also reference the uniform standards, which will ensure that requirements are consistent, to the extent appropriate, across the chemical sectors.
Agency: Environmental Protection Agency(EPA)	Priority: Economically Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Proposed Rule Stage
Major: Yes	Unfunded Mandates: No
CFR Citation: 40 CFR 60 and 63
Legal Authority: Clean Air Act secs 111 and 112

Legal Deadline:

Action	Source	Description	Date
NPRM	Judicial	Settlement Agreement	12/10/2011
Final	Judicial	Settlement Agreement	11/10/2012

Statement of Need: Under the "technology review" provision of CAA section 112, EPA is required to review maximum achievable control technology (MACT) standards and to revise them "as necessary (taking into account developments in practices, processes, and control technologies)" no less frequently than every 8 years. Under the "residual risk" provision of CAA section 112, EPA must evaluate the MACT standards within 8 years after promulgation and promulgate standards if required to provide an ample margin of safety to protect public health or prevent an adverse environmental effect. Section 111(b)(1)(B) of the CAA mandates that EPA review and, if appropriate, revise existing NSPS every 8 years.

Summary of the Legal Basis: CAA sections 111 and 112.

Alternatives: Not yet determined.

Anticipated Costs and Benefits: EPA is currently assessing the costs and benefits associated with this action.

Risks: EPA is currently assessing risks for this action.

Timetable:

Action	Date	FR Cite
NPRM	12/00/2011
Final Action	12/00/2012

Additional Information: Action described in RIN 2060-AQ28 (NSPS reconsideration issues) will be included in this action. EPA Docket information: EPA-HQ-OAR-2010-0682
Regulatory Flexibility Analysis Required: Undetermined	Government Levels Affected: Federal, Local, State
Small Entities Affected: Businesses	Federalism: No
Included in the Regulatory Plan: Yes
RIN Information URL: http://www.epa.gov/ttn/atw/petrefine/petrefpg.html
Sectors Affected: 32411 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