Date: September 21, 2011 

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

From: Kristin Sroka 

Subject: NSPS Subpart J Review: Meeting Minutes for January 20, 2010, September 27, 

2010 and November 10, 2010, Meetings Between the U.S. EPA and 

Representatives of the Petroleum Refining Industry 

Introduction

On January 20, 2010, September 27, 2010, and November 10, 2010, representatives of 

the U.S. Environmental Protection Agency (EPA) and their contractor (RTI International) 

participated in stakeholder meetings with representatives of the American Petroleum Institute 

(API), National Petrochemical & Refiners Association (NPRA), and the petroleum refining 

industry. The names and affiliations of the participants are included in Attachment 1. The 

purpose of the meetings was to discuss various 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 Protocol document, the industry representatives 

requested an update on the status of the NSPS subpart Ja reconsideration final package. The 

EPA representatives noted that as the rulemaking package has undergone internal review, 

additional issues have been raised. The industry representatives asked if EPA needed any 

information from them to address these issues, and the EPA representatives 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 applicability of the amended process heater 

and flare provisions (May 2007 and June 2008, respectively), they are concerned that it is taking 

a while for EPA to get the amendments finalized and to get to the other reconsideration issues. 

The EPA representatives indicated that they were working hard to get the amendments signed 

within the next 3 months, but there are a lot of external factors that may affect the timing of the 

final NSPS subpart Ja reconsideration 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 reconsider the remainder of 

the issues covered in the petitions for reconsideration that are not currently stayed in NSPS 

subpart Ja, including greenhouse gases, the particulate matter (PM) and nitrogen oxides (NOX) 

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 schedule for rulemaking with the petitioners. They noted that they 

hope to address these issues as part of a sector 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 regarding NSPS subpart Ja. The industry representatives stated that 

part of their purpose in requesting the meeting was to understand how they can plan to comply 

with both standards, especially given that NSPS subpart Ja amendments have not yet been 

finalized. The EPA representatives acknowledged that the amendments to NSPS subpart Ja have 

taken longer to finalize than planned. Several issues are still being 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 Management 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, September 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