[Federal Register Volume 81, Number 30 (Tuesday, February 16, 2016)]
[Rules and Regulations]
[Pages 7710-7712]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-02953]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R10-OAR-2015-0398; FRL-9942-15-Region 10]
Approval of Regional Haze BART Alternative Measure: Washington
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve the Best Available Retrofit Technology (BART)
alternative measure for the BP Cherry Point Refinery located near
Ferndale, Washington. The BART alternative measure increases the oxides
of nitrogen (NOX) emission limit from the R-1 HC Reactor
Heater (R-1 Heater), a BART-eligible source currently subject to BART
emission limits on NOX. To offset the increase in
NOX emissions from this emission unit, the NOX
emission limits on the 1st Stage Hydrocracker Fractionator Reboiler (R-
1 Reboiler), also a BART-eligible source subject to BART emission
limits on NOX, will be reduced. The net effect of these
changes is a decrease of 10.4 tons per year (tpy) of allowable
NOX emissions from sources subject to BART at the BP Cherry
Point Refinery.
DATES: This final rule is effective March 17, 2016.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-EPA-R10-OAR-2015-0398. All documents in the docket
are listed on the http://www.regulations.gov Web site. Although listed
in the index, some information may not be publicly available, i.e.,
Confidential Business Information or other information the disclosure
of which is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the Internet and is publicly
available only in hard copy form. Publicly available docket materials
are available at http://www.regulations.gov or at EPA Region 10, Office
of Air, Waste and Toxics, 1200 Sixth Avenue, Seattle, Washington 98101.
The EPA requests that you contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to schedule your inspection. The Regional
Office's official hours of business are Monday through Friday, 8:30 to
4:30, excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: For information please contact John
Chi at (206) 553-1185, or [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background Information
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Orders Review
I. Background Information
On May 14, 2015, Washington submitted the BART alternative measure
and the EPA proposed to approve it on November 16, 2015 (80 FR 70718).
An explanation of the CAA requirements, a detailed analysis of the
submittal, and the EPA's reasons for approval were provided in the
notice of proposed rulemaking, and will not be restated here. The
public comment period for this proposed rule ended on December 16,
2015. The EPA received one comment in support of this action and no
adverse comments.
II. Final Action
The EPA is approving the BART alternative measure for the BP Cherry
Point Refinery located near Ferndale, Washington by incorporating by
reference the conditions of Revision 2 identified below. The EPA is
removing the BP Cherry Point Refinery, BART Compliance Order No. 7836
currently in the Federally approved SIP at 40 CFR 52.2470(d) and
replacing it with provisions of the BP Cherry Point Refinery, BART
Compliance Order No. 7836 Revision 2. The EPA is also approving new
Condition 9 of the BART Compliance Order 7836 Revision 2 relating to
decommissioned units. The conditions of the BP BART Compliance Order
Revision 2 that are proposed for incorporation by reference are:
Condition 1: 1.1, 1.1.1, 1.2, 1.2.1, 1.2.2;
Condition 2: 2.1, 2.1.1, 2.1.2, 2.1.3, 2.1.4, 2.1.5, 2.2, 2.2.1,
2.2.2, 2.3, 2.3.1, 2.3.2, 2.4, 2.4.1, 2.4.2, 2.4.2.1, 2.5, 2.5.1,
2.5.1.1, 2.5.1.2, 2.5.2, 2.5.3, 2.5.4, 2.6, 2.6.1, 2.6.2, 2.6.3, 2.7,
2.7.1, 2.7.2, 2.7.3, 2.7.4, 2.8, 2.8.1, 2.8.2,2.8.3, 2.8.4, 2.8.5,
2.8.6;
Condition 3, 3.1, 3.1.1, 3.1.2, 3.2, 3.2.1, 3.2.2, 3.2.3, 3.2.4;
Condition 4, 4.1, 4.1.1, 4.1.1.1, 4.1.1.2, 4.1.1.3, 4.1.1.4;
Condition 5, 5.1, 5.2;
Condition 6, 6.1, 6.2, 6.3;
Condition 7; and
Condition 9.
III. Incorporation by Reference
In accordance with requirements of 1 CFR 51.5, the EPA is revising
our
[[Page 7711]]
incorporation by reference located in 40 CFR 52.2470(d)--``EPA-Approved
State Source-Specific Requirements'' to reflect the approval of the
BART alternative measure for the BP Cherry Point Refinery and the
provision relating to decommissioned units. Due to the fact that the
conditions in the original BART Order were renumbered in Revision 1,
which was not submitted as a SIP revision, the EPA is removing the
original IBR entry for ``BP Cherry Point Refinery'' in its entirety and
incorporating in its place the specified conditions of Revision 2
included in the docket for this action. The end result is that all of
the conditions in the Original BART order remain in the SIP (but with
different numbers) except as discussed in the notice of the proposed
rulemaking with respect to the BART alternative measure and the
addition of Condition 9. The EPA has made, and will continue to make,
these documents generally available electronically through
www.regulations.gov and/or in hard copy at the appropriate EPA office
(see the ADDRESSES section of this preamble for more information).
IV. Statutory and Executive Orders Review
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January
21, 2011);
does not impose an information collection burden under
the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et
seq.);
is certified as not having a significant economic
impact on a substantial number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly
or uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action
based on health or safety risks subject to Executive Order 13045 (62
FR 19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C.
272 note) because this action does not involve technical standards;
and
does not provide the EPA with the discretionary
authority to address, as appropriate, disproportionate human health
or environmental effects, using practicable and legally permissible
methods, under Executive Order 12898 (59 FR 7629, February 16,
1994).
The SIP is not approved to apply on any Indian reservation land in
Washington except as specifically noted below and is also not approved
to apply in any other area where the EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by April 18, 2016. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Dated: January 27, 2016.
Dennis J. McLerran,
Regional Administrator, Region 10.
For the reasons set forth in the preamble, 40 CFR part 52 is
amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart WW--Washington
0
2. In Sec. 52.2470:
0
a. In paragraph (d), the table is amended by revising the entry for
``BP Cherry Point Refinery.''
0
b. In paragraph (e), table 2 is amended by adding an entry entitled
``Regional Haze State Implementation Plan--BP Cherry Point Refinery
BART Revision'' to the end of the table.
The revisions read as follows:
Sec. 52.2470 Identification of plan.
* * * * *
(d) * * *
[[Page 7712]]
EPA-Approved State of Washington Source-Specific Requirements
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Order/Permit State
Name of source number effective date EPA approval date Explanation
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* * * * * * *
BP Cherry Point Refinery....... Administrative 5/13/15 2/16/16 [Insert The following
Order No. 7836, Federal Register conditions: 1.1,
Revision 2. citation]. 1.1.1, 1.2, 1.2.1,
1.2.2, 2.1, 2.1.1,
2.1.2, 2.1.3, 2.1.4,
2.1.5, 2.2, 2.2.1,
2.2.2, 2.3, 2.3.1,
2.3.2, 2.4, 2.4.1,
2.4.2, 2.4.2.1, 2.5,
2.5.1, 2.5.1.1,
2.5.1.2, 2.5.2, 2.5.3,
2.5.4, 2.6, 2.6.1,
2.6.2, 2.6.3, 2.7,
2.7.1, 2.7.2, 2.7.3,
2.7.4, 2.8, 2.8.1,
2.8.2,2.8.3, 2.8.4,
2.8.5, 2.8.6, 3, 3.1,
3.1.1, 3.1.2, 3.2,
3.2.1, 3.2.2, 3.2.3,
3.2.4, 4, 4.1, 4.1.1,
4.1.1.1, 4.1.1.2,
4.1.1.3, 4.1.1.4, 5,
5.1, 5.2, 6, 6.1, 6.2,
6.3, 7, 9
* * * * * * *
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(e) * * *
Table 2--Attainment, Maintenance, and Other Plans
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Applicable geographic State
Name of SIP provision or nonattainment area submittal date EPA approval date Comments
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* * * * * * *
Regional Haze State Statewide.............. 5/14/15 2/16/16 [Insert ...................
Implementation Plan--BP Cherry Federal Register
Point Refinery BART Revision. citation].
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[FR Doc. 2016-02953 Filed 2-12-16; 8:45 am]
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