Client Alert: EPA Publishes Proposed Rule: Petroleum Refinery Sector Risk and Technology Review and New Source Performance Standards

On June 30, 2014, the United States Environmental Protection Agency (“EPA”) published a proposed rule that will significantly affect petroleum refineries.  This proposed rule, if finalized, would create air emission requirements for petroleum refineries by revising the National Emission Standards for Hazardous Air Pollutants (“NESHAPs”).  Changes would include: (1) fenceline air quality monitoring requirements; (2) the elimination of the startup, shutdown, and malfunction (“SSM”) periods emission exemption included in 40 C.F.R. part 63, subparts CC and UUU; and (3) emission control requirements for storage tanks, flares, catalytic reforming units (“CRUs”), fluid catalytic cracking units (“FCCUs”), and delayed coking units (“DCUs”) at petroleum refineries.  The EPA will be accepting comments until August 29, 2014, for this proposed rule.