EPA Proposes Refinery Sector Rule Amendments - Part 2
This is Part 2 of my blog post on EPA's proposed amendments to the Refinery Sector Rule (RSR). Part 1 covered changes to Subpart CC (MACT 1). Part 2 covers changes to Subpart UUU (MACT 2) and Subpart Ja.
On Monday, March 19, 2018, US EPA issued proposed amendments to the Refinery Sector Rule (RSR). These amendments are based on three petitions of reconsideration filed with the agency -- two of these were joint submissions by the American Petroleum Institute (API) and the American Fuel and Petrochemical Manufacturers (AFPM) and the third from Earthjustice filed on behalf of several environmental groups. See EPA Docket EPA-HQ-OAR-2010-0682 for source documents.
The proposed changes to Subpart UUU are listed below. Changes to Subpart CC were previously posted.
1. Remove restriction in Section 63.1573(a) in complying with the alternative PM standard in Section 63.1564(a)(5)(ii). Currently, the use of the alternative is restricted to occasions when “the unit does not introduce any other gas streams into the catalyst regenerator vent.”
2. Amend Section 63.1565(a)(5)(ii) and Table 10 to allow for the use of a wet O2 measurement for demonstrating compliance with the standard so long as it is used directly with no correction for moisture content.
2. Amend the recordkeeping requirement in Section 63.1576(a)(2)(i) to apply only when facilities elect to comply with the alternative startup and shutdown standards.
3. Amend Section 63.1574(a)(3) to clarify that the results of performance tests conducted to demonstrate initial compliance are to be reported by the date the NOCS report is due (150 days from the compliance date) whether the results are reported using CEDRI or in hard copy as part of the NOCS report and to clarify the information to be included in the NOCS if the test results are submitted through CEDRI.
4. The results of periodic performance tests and the one-time hydrogen cyanide (HCN) test required by Section 63.1571(a)(5) and (6) must be reported with the semi-annual compliance reports as specified in Section 63.1575(f) instead of within 60 days of completing the performance evaluation.
5. Streamline reporting of the results of performance evaluations for continuous monitoring systems (as provided in entry 2 to Table 43) to align with the semi-annual compliance reports as specified in Section 63.1575(f), rather than requiring a separate report submittal.
6. Add the phrase “Unless otherwise specified by this subpart” to Section 63.1575(k)(1) and (2) to indicate that any performance tests or performance evaluations required to be reported in a NOCS report or a semi-annual compliance report are not subject to the 60-day deadline specified in these paragraphs.
7. We are also proposing to add Section 63.1575(l) to address extensions to electronic reporting deadlines.
8. Revise selected entries in Table 44 to clarify several sections of the General Provisions that the reporting can be written or electronic, the timing of these reports is specified in Subpart UUU, and the Subpart UUU provisions supersede the General Provisions.
Clarifications and Technical Corrections to NSPS Ja
1. Amend the language in Section 60.105a(b)(2)(ii) which does not currently include Methods 3A and 3B (and the alternative ANSI/ASME method for EPA Method 3B) and mistakenly cites Appendix A-3 rather than Appendix A-2, to make it consistent with the other similar requirements in NSPS subpart Ja.