Date: September 21, 2011

To: Docket ID No. EPA-HQ-OAR-2007-0011

From: Kristin Sroka

Subject: NSPS Subpart J Review: Meeti ng Minutes for January 20, 2010, September 27, 2010 and November 10, 2010, Meetings Between the U.S. EPA and Representatives of the Pe troleum Refining Industry

Introduction

On January 20, 2010, September 27, 2010, and N ovember 10, 2010, representatives of the U.S. Environmental Protection Agency (EPA ) and their contractor (RTI International) participated in stakeholder meetings with repr esentatives of the American Petroleum Institute (API), National Petrochemical & Refiners A ssociation (NPRA), and the petroleum refining industry. The names and affiliations of the part icipants are included in Attachment 1. The purpose of the meetings was to discuss variou s issues regarding EPA’s petroleum refinery rulemaking efforts, and one of the topics was reconsideration of NSPS subpart Ja. This memorandum documents the portions of those meetings relevant to NSPS subpart Ja.

Discussion

January 20, 2010

The primary purpose of this meeting was to discuss the draft of the Emission Estimation Protocol for Petroleum Refineries that was posted on the EPA’s website for public review and comment. Prior to the discussion of the Prot ocol document, the i ndustry representatives requested an update on the status of the NSPS su bpart Ja reconsideration final package. The EPA representatives noted that as the rule making package has undergone internal review, additional issues have been raised. The indus try representatives asked if EPA needed any information from them to address these issues, and the EPA representative s declined, noting that many of the issues are policy issues that the agency must handle internally. The industry representatives noted that , given the trigger dates for applicab ility of the amended process heater and flare provisions (May 2007 and June 2008, respect ively), they are concer ned that it is taking a while for EPA to get the amendments finalized a nd to get to the other reconsideration issues. The EPA representatives indicated that they we re working hard to get the amendments signed within the next 3 months, but there are a lot of ex ternal factors that may affect the timing of the final NSPS subpart Ja rec onsideration package.2

September 27, 2010

The EPA representatives confirmed that they received the additional information on flaring from industry. 1 The EPA representatives noted that they do not have any questions about the submittal.

The EPA representatives also noted that they have agreed to recons ider the remainder of the issues covered in the petiti ons for reconsideration that ar e not currently stayed in NSPS subpart Ja, including greenhouse gases, the part iculate matter (PM) a nd nitrogen oxides (NO X ) emission limits for fluid catalytic cracking units (FCCU), and a variety of other issues raised by Industry petitioners. However, they noted they have not reached conclusions on these issues. They are still discussing a schedul e for rulemaking with the petiti oners. They noted that they hope to address these issues as part of a sect or approach towards rulemaking for the refining industry.

November 10, 2010

This meeting focused primarily on flares in the Uniform Standards (US), but it also included a brief discussion regard ing NSPS subpart Ja. The industr y representatives stated that part of their purpose in request ing the meeting was to understand how they can plan to comply with both standards, especially given that N SPS subpart Ja amendments have not yet been finalized. The EPA representatives acknowledged th at the amendments to NSPS subpart Ja have taken longer to finalize than pla nned. Several issues are still be ing discussed internally, and the EPA representatives noted that they are unsure of the timing. Once those issues are resolved, they are hoping that the Office of Manage ment and Budget review will take 30 days.

1 Email from to Brenda Shine, USEPA, from Ron Chittim, API, re: NSPS Ja – Refining Industry Responses to EPA’s 3 Questions. September 21, 2010. See Docket ID No. EPA-HQ-OAR-2007-0011.Attachment 1 Participants in January 20, 2010, Septem ber 27, 2010, and November 10, 2010 Meetings

Jan. 20 Sept. 27 Nov. 10 Attendee Name and Affiliation
Industry Representatives • • • Charlie Bennett, Marathon Petroleum Company • John Canegata, HOVENSA • Khary Cauthen, API • Chris Colman, HOVENSA • Clint Crull, ConocoPhillips • • Laura Ann Dresser, ExxonMobil • • Chuck Feerick, Exxon Mobil • • Rob Ferry, The TGB Partnership • • • Clay Freeburg, Chevron • • David Friedman, NPRA • Lorraine Gershman, ACC • • • Bob Hermanson, BP • • • Matthew Hodges, Valero Energy Corp. • • Cathe Kalisz, API • • Shari Keller, Shell • • Jan Laughlin, ConocoPhillips • Jack McClure, The JLM Group • Tom Monahan, ExxonMobil • • Bob Morehouse, ExxonMobil • • Norman Morrow, Fresh Air Consulting • Gary Mueller, Shell Global • • Dave Pavlich, ConocoPhillips • Michele Pugh, Flint Hills Resources (FHR) • • Karin Ritter, API • • Matt Todd, API • • • John Wagner, API • Russell Wozniak, Dow

U.S. EPA Representatives • Andrew Bouchard (OAQPS) • • Jodi Howard (OAQPS) • • • Bob Lucas (OAQPS) • • Nick Parsons (OAQPS) • • • Brenda Shine (OAQPS) • Andrea Siefers (OAQPS) • • Sue Stahle (OGC) • • Jan Tierney (OGC)

RTI International (EPA contractor)
• • • Jeff Coburn
• • • Kristin Sroka