Proposed Amendments to Refinery MACT 1 and MACT 2 Regulations

On March 19, 2018, the U.S. Environmental Protection Agency (U.S. EPA) proposed amendments to the National Emission Standards for Hazardous Air Pollutants (NESHAP) Refinery MACT 1 and Refinery MACT 2 regulations and the 40 CFR Part 60 Subparts J and Ja Standards of Performance for New Stationary Sources  (NSPS) for Petroleum Refineries.  The regulations are collectively referred to as the Refinery Sector Rule (RSR). Originally published final on December 1, 2015, the RSR was subject to three petitions for reconsideration: two submitted jointly by the American Petroleum Institute (API) and the American Fuel and Petrochemical Manufacturers (AFPM), and one submitted by Earthjustice on behalf of several concerned organizations.  A final rule responding to the issues raised in the first petition for reconsideration was published on July 13, 2016.  On October 18, 2016, U.S. EPA published a proposal addressing the issues raised by API/AFPM and Earthjustice in the second and third petitions for reconsideration.

The March 19, 2018 proposal addresses outstanding technical amendments and clarifications that were not addressed in the October 18, 2016 proposal.  More details are provided below.  Most of the revisions are related to Refinery MACT 1 requirements, but revisions are also proposed to Refinery MACT 2 and NSPS Subpart Ja.

U.S. EPA is proposing many changes to the Refinery MACT 1 provisions including:

• Revisions and additions to definitions.
• Clarifications and amendments related to miscellaneous process vent requirements.
• Clarifications and amendments related to pressure relief device requirements.
• Clarifications and amendments related to delayed coking unit provisions.
• Amendments to the fenceline monitoring provisions.
• Clarifications associated with the flare control device provisions.
• Additional clarifications and corrections including:
  • Compliance extensions,
  • Notice of Compliance Status (NOCS) and periodic reporting requirements,
  • Storage vessel inspection requirements,
  • Clarification of performance test reporting requirements (i.e., to be included in the NOCS, which are both due 150 days from the compliance date of the RSR),
  • Visible integrity assessments,
  • Clarification that electronic reporting is not required where the Electronic Reporting Tool (ERT) does not support the test method for the pollutant of interest,
  • Electronic reporting extensions, and
  • Multiple editorial and related corrections.

U.S. EPA is proposing the following changes to the Refinery MACT 2 provisions:

• Clarifications and amendments related to Fluid Catalytic Cracking Units (FCCU) requirements.
• Additional clarifications and corrections including:
  • Consistency with MACT 2 Continuous Parametric Monitoring Systems (CPMS) requirements,
  • Recordkeeping during startup and shutdown events,
  • Clarification of performance test reporting requirements (i.e., to be included in the NOCS, which are both due 150 days from the compliance date of the RSR),
  • Clarification of periodic performance test requirements (i.e., submit with semi-annual reports),
  • Streamlining of Continuous Emissions Monitoring Systems (CEMS) performance evaluations, and
  • Multiple editorial and related corrections.

U.S. EPA is also proposing several changes to NSPS Subpart Ja to ensure that the applicable test methods for several constituents are consistent with the test methods in Subpart NSPS J.

Please note that this blog provides a snap shot summary of the numerous proposed revisions. Affected facilities should consult the proposed rule to gain a complete understanding of the revisions, how those revisions may impact your facility’s compliance obligations, and whether your facility should prepare public comments related to the proposed revisions.  Even better, please contact me at cschrader@all4inc.com or at 571.392.2592 x507, and I would be happy to answer any questions that you may have!