
[Federal Register Volume 82, Number 13 (Monday, January 23, 2017)]
[Notices]
[Pages 7821-7822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-01263]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9958-58-OAR]


Minor Revisions to AP-42 Section 13.5: Industrial Flares

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final action.

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SUMMARY: On December 14, 2016, the Environmental Protection Agency 
(EPA) issued minor revisions to AP-42 Section 13.5: Industrial Flares. 
AP-42 is the primary compilation of the EPA's emissions factor 
information. The EPA finalized these revisions in compliance with a 
settlement agreement entered into with Air Alliance Houston, Community 
In-Power and Development Association, Inc., Louisiana Bucket Brigade, 
and Texas Environmental Justice Advocacy Services (``Plaintiffs'').

ADDRESSES: You may view this final action and the supporting 
information

[[Page 7822]]

electronically at: https://www.epa.gov/air-emissions-factors-and-quantification/new-and-revised-emissions-factors-flares-and-new-emissions.

FOR FURTHER INFORMATION CONTACT: Ms. Gerri Garwood, Measurement Policy 
Group (MPG), Sector Policies and Programs Division (D243-05), Office of 
Air Quality Planning and Standards, U.S. Environmental Protection 
Agency, Research Triangle Park, North Carolina 27711, telephone number: 
(919) 541-2406; fax number: (919) 541-1039; and email address: 
garwood.gerri@epa.gov.

SUPPLEMENTARY INFORMATION: As described above, the EPA finalized these 
actions to fulfill its obligations under a settlement agreement, which 
resolves a petition for judicial review on actions the EPA took on 
April 20, 2015. On April 20, 2015, the EPA issued new and revised 
emissions factors for flares and other refinery process units and 
issued its final determination that revisions to existing emissions 
factors for tanks and wastewater treatment systems were not necessary 
in order to fulfill its obligations under a consent decree. Plaintiffs 
alleged that the EPA failed to perform nondiscretionary duties pursuant 
to Clean Air Act (CAA) section 130 to review, and, if necessary, revise 
the emissions factors for volatile organic compounds (VOC) for flares, 
liquid storage tanks (``tanks''), and wastewater collection, treatment 
and storage systems (``wastewater treatment systems'') at least once 
every 3 years. See Air Alliance Houston, et al. v. EPA, Case No. 15-
1210 (D.C. Cir.) and Air Alliance Houston, et al. v. McCarthy, No. 
1:13-cv-00621-KBJ (D.D.C.).
    The settlement agreement outlined 20 specific Source Classification 
Codes (SCCs) that Plaintiffs argued should be included in Tables 13.5-1 
and 13.5-2 of AP-42, Compilation of Air Pollutant Emission Factors. AP-
42 is the primary compilation of EPA's emissions factor information. 
Additionally, Plaintiffs sought minor clarifications to the text in 
Section 13.5 of AP-42, as well as an update to the VOC emissions factor 
due to errors in the original calculation.
    Per the requirements of the settlement agreement, this final action 
was issued by December 16, 2016. To support this action, we developed a 
memorandum to document our determinations in regards to the 20 SCCs 
specified in the settlement agreement. We also revised section 13.5 of 
AP-42, the supporting background documentation, and the previously 
issued report, Review of Emissions Test Reports for Emissions Factors 
Development for Flares and Certain Refinery Operations. The SCC 
determination memorandum and the revised report, along with a link to 
the updated section in AP-42 and supporting background documentation, 
were posted on the Web site listed in the ADDRESSES section of this 
document on December 14, 2016.
    These actions constitute final agency action of national 
applicability for purposes of section 307(b)(1) of the CAA. Pursuant to 
CAA section 307(b)(1), judicial review of these final agency actions 
may be sought only in the United States Court of Appeals for the 
District of Columbia Circuit. Petitions for review must be filed by 
March 24, 2017. Judicial review of these final agency actions may not 
be obtained in subsequent proceedings, pursuant to CAA section 
307(b)(2). These actions are not a rulemaking and are not subject to 
the various statutory and other provisions applicable to a rulemaking.

    Dated: January 13, 2017.
Stephen Page,
Director, Office of Air Quality Planning and Standards.
[FR Doc. 2017-01263 Filed 1-19-17; 8:45 am]
 BILLING CODE 6560-50-P


