55750 Federal Register / Vol. 73, No. 188 / Friday, September 26, 2008 / Rules and Regulations 

DELAWARE RIVER BASIN 

COMMISSION 

18 CFR Part 410 

Amendments to the Water Quality 

Regulations, Water Code and 

Comprehensive Plan To Classify the 

Lower Delaware River as Special 

Protection Waters 

AGENCY: Delaware River Basin 

Commission. 

ACTION: Final rule. 

SUMMARY: By Resolution No. 2008–9 on 

July 16, 2008, the Delaware River Basin 

Commission (‘‘Commission’’ or DRBC) 

approved amendments to its Water 

Quality Regulations, Water Code and 

Comprehensive Plan to establish 

numeric values for existing water 

quality for the reach of the main stem 

Delaware River known as the ‘‘Lower 

Delaware’’ and to assign the Special 

Protection Waters (SPW) classification 

‘‘Significant Resource Waters’’ (SRW) on 

a permanent basis to this reach. The 

Commission also approved language to 

clarify aspects of the SPW regulations, 

especially with respect to existing 

facilities, that have confused some 

DRBC docket holders and applicants 

since the SPW program was originally 

adopted by the Commission in 1992 for 

point sources and in 1994 for non-point 

sources. 

DATES: Effective September 26, 2008. 

The incorporation by reference of the 

publications listed in this rule is 

approved by the Director of the Federal 

Register as of September 26, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Pamela M. Bush, secretary and assistant 

general counsel, Delaware River Basin 

Commission, by phoning 609–883–9500 

ext. 203, or by e-mail to 

pamela.bush@drbc.state.nj.us; Kim 

Wobick, information resources 

coordinator, Delaware River Basin 

Commission, by phoning 609–883–9500 

ext. 263, or by e-mail to 

kim.wobick@drbc.state.nj.us. 

SUPPLEMENTARY INFORMATION: The 

Delaware River Basin Commission 

(‘‘Commission’’ or ‘‘DRBC’’) is a federalstate regional agency charged with 

managing the water resources of the 

Delaware River Basin without regard to 

political boundaries. Its members are 

the governors of the four Basin states— 

Delaware, New Jersey, New York and 

Pennsylvania—and the North Atlantic 

Division Commander of the U.S. Army 

Corps of Engineers, representing the 

federal government. 

Notice of the proposed amendments 

appeared in the Federal Register (72 FR 

57255) on October 9, 2007 as well as in 

the Delaware Register of Regulations on 

October 1, 2007 (11 DE Reg. 376–378 

(10/01/07)), the New Jersey Register (39 

N.J.R. 4392) on October 15, 2007, the 

New York State Register (page 8) on 

October 10, 2007 and the Pennsylvania 

Bulletin (37 Pa. B. 5527) on October 13, 

2007, respectively. The Commission 

held informational meetings about the 

proposed changes on October 25, 2007 

in Stockton, New Jersey and on 

November 1, 2007 in Easton, 

Pennsylvania. A public hearing was 

held on December 4, 2007, and written 

comments were received through 

December 6, 2007. 

By Resolution No. 2005–2 in January 

of 2005, following a duly noticed public 

hearing, the Commission classified the 

Lower Delaware River as SRW on a 

temporary basis, pending the 

determination of numeric values for 

existing water quality for this section of 

the river and a thorough evaluation of 

the data to determine whether or not to 

classify certain sections of the Lower 

Delaware as Outstanding Basin Waters 

and whether to make the temporary 

Special Protection Waters designation 

permanent for some or all of the Lower 

Delaware. Following additional 

advertised public hearings in September 

2005, September 2006, September 2007 

and May 2008, temporary designation 

was extended repeatedly pending the 

Commission’s final action on July 16, 

2008. By that action, the Commission 

continued temporary classification of 

the Lower Delaware as SRW once more, 

until the amendments approved by 

Resolution No. 2008–9 are filed with 

each of the signatory parties in 

accordance with Section 14.2 of the 

Delaware River Basin Compact and a 

notice of final rulemaking has appeared 

in the Federal Register. 

A comment and response document 

addressing comments offered at the 

public hearing and written comments 

received through the close of the 

comment period is available on the 

Commission’s Web site, DRBC.net. 

Copies of this document may be 

obtained by request of the Commission’s 

information resources coordinator at the 

telephone and e-mail addresses listed 

above. A charge for printing and mailing 

may apply. 

DRBC Resolution No. 2008–9, 

including the amended rule in the form 

approved by the resolution, also is 

available on the DRBC Web site, 

DRBC.net. The resolution incorporates 

the entire text of Section 3.10.3 A.2. of 

the Water Quality Regulations and 

Water Code, showing the amendments 

as proposed in October of 2007 and as 

finally approved by the Commission on 

July 16, 2008. Copies may be obtained 

from the information resources 

coordinator at the telephone and e-mail 

addresses listed above. A charge for 

printing and mailing may apply. 

List of Subjects in 18 CFR Part 410 

Incorporation by reference, Water 

pollution control, Water reservoirs, 

Water supply, Watersheds. 

■ For the reasons set forth in the 

preamble, the Delaware River Basin 

Commission amends Part 410 of title 18 

of the Code of Federal Regulations as 

follows: 

PART 410—BASIN REGULATIONS; 

WATER CODE AND ADMINISTRATIVE 

MANUAL—PART III WATER QUALITY 

REGULATIONS 

■ 1. The authority citation for Part 410 

continues to read: 

Authority: Delaware River Basin Compact, 

75 Stat. 688. 

■ 2. Revise § 410.1 to read as follows: 

§ 410.1 Basin regulations—Water Code 

and Administrative Manual—Part III Water 

Quality Regulations. 

(a) The Water Code of the Delaware 

River Basin is a codification of 

regulations of the Delaware River Basin 

Commission applicable to public and 

private water projects and programs 

within the Delaware River Basin. Article 

I of the water code sets forth general 

policies of the Commission. Article II 

concerns the conservation, development 

and utilization of Delaware River Basin 

water resources, including during 

periods of drought. Article III sets forth 

water quality standards and guidelines 

for the Delaware River Basin. Article IV 

contains rules relating to application of 

water quality standards within the 

Basin. The Commission’s 

Administrative Manual—Part III, Water 

Quality Regulations, applies to all 

public and private entities that 

discharge waste to waters of the 

Delaware River Basin. 

(b) Article III of the water code 

consists of Article III of the water 

quality regulations. Article IV of the 

water code consists of portions of 

Article IV of the water quality 

regulations. 

(c) Work, services, activities and 

facilities affecting the conservation, 

utilization, control, development or 

management of water resources within 

the Delaware River Basin are subject to 

the regulations contained within the 

Delaware River Basin Water Code with 

Amendments Through July 16, 2008, 

Printed: September 12, 2008, and the 

Administrative Manual Part III Water 

Quality Regulations with Amendments 

Through July 16, 2008, Printed: 


sroberts on PROD1PC70 with RULES
Federal Register / Vol. 73, No. 188 / Friday, September 26, 2008 / Rules and Regulations 55751 

September 12, 2008. Both the Delaware 

River Basin Water Code and the 

Administrative Manual Part III Water 

Quality Regulations are incorporated by 

reference into this part with the 

approval of the Director of the Federal 

Register under 5 U.S.C. 552(a) and 1 

CFR part 51. You may obtain or inspect 

a copy at the Delaware River Basin 

Commission (DRBC), 25 State Police 

Drive, West Trenton, New Jersey 08628– 

0360, 609–883–9500, http:// 

www.drbc.net, or at the National 

Archives and Records Administration 

(NARA). For information on the 

availability of this material at NARA, 

call 202–741–6030 or go to http:// 

www.archives.gov/federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

Dated: September 18, 2008. 

Pamela M. Bush, 

Secretary and Assistant General Counsel. 

[FR Doc. E8–22637 Filed 9–25–08; 8:45 am] 

BILLING CODE 6360–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 60 

[EPA–HQ–OAR–2007–0011; FRL–8721–5] 

RIN 2060–AN72 

Standards of Performance for 

Petroleum Refineries 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; reconsideration and 

stay of effective date. 

SUMMARY: This action grants Petitioners’ 

request for reconsideration and 

Petitioners’ request for a stay until 

December 25, 2008 for certain specific 

provisions in the newly promulgated 

standards of performance for new, 

modified, or reconstructed process units 

at petroleum refineries. The effective 

date for the final rule promulgating 

amendments to the current standards of 

performance for petroleum refineries 

has not changed and remains June 24, 

2008. 

DATES: Effective September 26, 2008, in 

Title 40 CFR part 60, subpart Ja, 

§ 60.100a(c), the definition of ‘‘flare’’ in 

§ 60.101a, and §§ 60.102a(g), 60.107a(d), 

and 60.107a(e) are stayed until 

December 25, 2008. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Robert B. Lucas, Office of Air Quality 

Planning and Standards, Sector Policies 

and Programs Division, Coatings and 

Chemicals Group (E143–01), 

Environmental Protection Agency, 

Research Triangle Park, NC 27711, 

telephone number: (919) 541–0884; fax 

number: (919) 541–0246; e-mail address: 

lucas.bob@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Environmental Protection Agency 

published a final rule on June 24, 2008 

that contained the following: (1) Final 

amendments to the existing refineries 

new source performance standards 

(NSPS) in 40 CFR part 60, subpart J; and 

(2) a new refineries NSPS in 40 CFR part 

60, subpart Ja (73 FR 35838). The 

preamble to that rule contained an 

incorrect effective date and contained 

an error in the Congressional Review 

Act (CRA) statement in the Statutory 

and Executive Order Reviews section. 

To address that error, the effective date 

of NSPS subpart Ja was stayed for 60 

days until September 26, 2008. The 

amendments in NSPS subpart J were not 

affected and remained effective from 

June 24, 2008. 

On June 13, 2008, the American 

Petroleum Institute (API), the National 

Petrochemical and Refiners Association 

(NPRA), and the Western States 

Petroleum Association (WSPA) 

(collectively referred to as ‘‘Industry 

Petitioners’’) requested an 

administrative stay under Clean Air Act 

(CAA) section 307(d)(7)(B) of certain 

provisions of 40 CFR part 60, subpart Ja. 

On July 25, 2008, the Industry 

Petitioners sought reconsideration of the 

provisions of NSPS subpart Ja for which 

they had previously requested a stay. 

Specifically, Industry Petitioners 

requested that EPA reconsider the 

following provisions in NSPS subpart 

Ja: (1) The definition of ‘‘modification’’ 

(40 CFR 60.100a(c)); (2) the definition of 

‘‘flare’’ (40 CFR 60.101a); (3) the fuel gas 

combustion device sulfur limits as they 

relate to flares (40 CFR 60.102a(g)(1)); 

(4) the flow limit for flare systems (40 

CFR 60.102a(g)(3)); (5) the total reduced 

sulfur and flow monitoring 

requirements for flares (40 CFR 

60.107a(d), (e)); and (6) the nitrogen 

oxide (NOX) limit for process heaters (40 

CFR 60.102a(g)(2)). Subsequently, on 

August 21, 2008, the Industry 

Petitioners identified additional issues 

for reconsideration. 

On August 25, 2008, HOVENSA, LLC 

(‘‘HOVENSA’’) filed a petition for 

reconsideration of the following 

provisions of 40 CFR part 60, subpart Ja: 

(1) the NOX limit for process heaters (40 

CFR 60.102a(g)(2)); (2) the flaring 

requirements, including the definitions 

of ‘‘flare’’ and ‘‘modification’’ (40 CFR 

60.100a(c), 60.101a, 60.102a(g)–(i), 

60.103a(a)–(b)); and (3) the 

depressurization work practice standard 

for delayed coking units (40 CFR 

60.103a(c)). The petition also requested 

that EPA stay the effectiveness of these 

provisions during the reconsideration 

process. 

EPA received a third petition for 

reconsideration on August 25, 2008, 

from the Environmental Integrity 

Project, Sierra Club, and Natural 

Resources Defense Council 

(‘‘Environmental Petitioners’’) 

requesting EPA reconsider several 

aspects of 40 CFR part 60, subpart Ja. 

The petition identifies the following 

issues for reconsideration: (1) EPA’s 

decision not to promulgate NSPS for 

carbon dioxide and methane emissions 

from refineries; (2) the flaring 

requirements (40 CFR 60.100a(c), 

60.101a, 60.102a(g)–(i), 60.103a(a)–(b)); 

(3) the NOX limit for fluid catalytic 

cracking units (FCCU) (40 CFR 

60.102a(b)(2)); and (4) the particulate 

matter limit for FCCU (40 CFR 

60.102a(b)(1)). Unlike the other 

Petitioners, Environmental Petitioners 

did not seek a stay of these provisions 

during reconsideration. 

EPA has begun reviewing all of these 

petitions and is addressing in this notice 

only those issues for which Industry 

Petitioners and HOVENSA sought 

reconsideration and a stay of those 

specific provisions during 

reconsideration. EPA is taking no action 

on all of the other issues raised in the 

petitions but will consider all of the 

outstanding issues in a future notice. 

In this action, EPA is granting 

reconsideration with respect to the 

following provisions: (1) The definition 

of ‘‘modification;’’ (2) the definition of 

‘‘flare;’’ (3) the fuel gas combustion 

device sulfur limits as they apply to 

flares; (4) the flow limit for flare 

systems; (5) the total reduced sulfur and 

flow monitoring requirements for flares; 

and (6) the NOX limit for process 

heaters. We are granting reconsideration 

on these specific issues because the 

grounds for Petitioners’ objections arose 

after the public comment period (but 

within the time specified for judicial 

review) and the objections are of central 

relevance to the outcome of the final 

rule pursuant to CAA section 

307(d)(7)(B). 

EPA is also granting Industry 

Petitioners and HOVENSA’s request for 

a 90-day stay of the following provisions 

that are under reconsideration (see CAA 

section 307(d)(7)(B)): (1) The definition 

of ‘‘modification;’’ (2) the definition of 

‘‘flare;’’ (3) the fuel gas combustion 

device sulfur limits; (4) the flow limit 

for flare systems; (5) the total reduced 

sulfur and flow monitoring 

requirements for flares; and (6) the NOX

limit for process heaters. We are staying 


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