Environmental Alert: "EPA Proposes Further Controls for Refinery Emissions"

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On May 15, 2014, EPA issued a proposed rule that would add additional emission control requirements for storage tanks, flares, and coking units at petroleum refineries. The proposal would also require additional fence line air monitoring of refining facilities.

EPA has based the proposed rule on its risk and technology review of two existing National Air Emission Standards for Hazardous Air Pollutants (NESHAPs) relating to petroleum refineries. One of the NESHAPs, which applies more generally to petroleum refineries, is at 40 CFR 63 Subpart CC (Refinery MACT I). The other NESHAP, which applies more specifically to catalytic cracking units, catalytic reforming units, and sulfur recovery units, is at 40 CFR Subpart UUU (Refinery MACT II).

Highlights of the proposed rule include:

  • New operational requirements for flares, to ensure a high level of combustion efficiency;
  • Maximum Available Control Technology (MACT) controls on delayed coking units;
  • Additional controls on storage tanks; and
  • Monitoring of air concentrations of benzene at petroleum refinery fence lines.

In its news release regarding the proposed rules, EPA stated that it has already compelled the use of some of these technologies in enforcement cases. The experience in those cases has shown that these requirements are practical and achievable, according to EPA.

EPA’s sixty day comment period on the proposed regulations will begin when EPA formally publishes the proposed rule in the Federal Register.

For a copy of EPA’s news release, please click here.

For a copy of EPA’s Fact Sheet for the proposed rule, please click here.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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