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 


sroberts on PROD1PC70 with RULES
55752 Federal Register / Vol. 73, No. 188 / Friday, September 26, 2008 / Rules and Regulations 

the first five provisions listed above 

because the final approach to regulating 

flare emissions was first introduced in 

the final rule and represented 

significant changes from the proposal. 

Facilities had no chance to comment on 

these new requirements in the final rule. 

Accordingly, we have reason to believe 

that certain facilities may be out of 

compliance with requirements for 

which they had no notice or time to 

come into compliance. Moreover, a stay 

is appropriate because in reconsidering 

these requirements both the affected 

universe and the substantive 

requirements could change. It should be 

noted that as a consequence of staying 

the fuel gas combustion device sulfur 

limits as they apply to flares we are 

staying the requirement for all fuel gas 

combustion devices. The effect of this 

action is to delay compliance 

obligations for 90 days of the sulfur 

limits under NSPS subpart Ja for fuel 

gas combustion devices other than flares 

such as process heaters and boilers. 

Although this is not a preferred 

outcome, it is unavoidable due to the 

structure of the rule and is an 

unintended consequence of this action. 

We are staying the sixth provision 

listed above because information 

provided by Industry Petitioners and 

HOVENSA has led the Agency to 

question whether the emission limits in 

the final rule are achievable and 

represent best demonstrated technology. 

The information provided has 

convinced us that certain facilities may 

suffer undue hardship in attempting 

compliance with this limit. Granting a 

stay of this requirement while we 

reconsider this limit is, therefore, 

necessary to prevent any possible harm 

that may occur. 

EPA is denying HOVENSA’s request 

for a 90-day stay of the depressurization 

work practice standard for delayed 

coking units. HOVENSA provided no 

individual demonstration regarding its 

need for EPA to stay this work practice 

standard. HOVENSA provided no 

specific information or explanation of 

why staying this provision of a 

nationally applicable rule is the 

appropriate recourse for protecting its 

individual facility. HOVENSA’s 

generalized assertions of incurring 

compliance costs absent a stay are not 

enough reason for granting this request 

for a stay. EPA, therefore, denies 

HOVENSA’s request for a stay of this 

provision. 

All other requirements promulgated 

in 40 CFR part 60, subpart Ja become 

effective as of September 26, 2008. 

EPA will address the substantive 

aspects of this reconsideration in a 

separate notice in the Federal Register. 

II. Statutory and Executive Order 

Reviews 

A. General Requirements 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ 

and, therefore, is not subject to review 

by the Office of Management and 

Budget. For this reason, this action is 

also not subject to Executive Order 

13211, ‘‘Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). In addition, this action does 

not impose any enforceable duty or 

contain any unfunded mandate as 

described in the Unfunded Mandates 

Reform Act of 1995 (Pub. L.104–4), or 

require prior consultation with State 

officials as specified by Executive Order 

12875 (58 FR 58093, October 28, 1993), 

or involve special consideration of 

environmental justice related issues as 

required by Executive Order 12898 (59 

FR 7629, February 16, 1994). Because 

this action is not subject to notice-andcomment requirements under the 

Administrative Procedure Act or any 

other statute, it is not subject to the 

regulatory flexibility provisions of the 

Regulatory Flexibility Act (5 U.S.C. 601, 

et seq.). This action also does not have 

tribal implications because it will not 

have a substantial direct effect on one or 

more Indian tribes, on the relationship 

between the Federal government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal government and Indian tribes, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000). This 

action also does not have Federalism 

implications because it does not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This action also is not 

subject to Executive Order 13045 

‘‘Protection of Children from 

Environmental Health Risks and Safety 

Risks’’ (62 FR 19885, April 23, 1997). 

The requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. This action does 

not impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501, et seq.). EPA’s compliance 

with these statutes and Executive 

Orders for the underlying rule is 

discussed in the June 24, 2008 Federal 

Register document. 

B. Submission to Congress and the 

Comptroller General 

The Congressional Review Act, 5 

U.S.C. 801, et seq., as added by the 

Small Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this notice and other 

required information to the United 

States Senate, the United States House 

of Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. The stay of these particular 

provisions in NSPS subpart Ja is not a 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

List of Subjects in 40 CFR Part 60 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Monitoring, 

reporting and recordkeeping. 

Dated: September 22, 2008. 

Stephen L. Johnson, 

Administrator. 

■ For the reasons stated in the preamble, 

title 40, chapter I of the Code of Federal 

Regulations is amended as follows: 

PART 60—[AMENDED] 

■ 1. The authority citation for part 60 

continues to read as follows: 

Authority: 42 U.S.C. 7401, et seq. 

§ 60.100a [Amended] 

2. In § 60.100a, paragraph (c) is stayed 

from September, 26, 2008, until 

December 25, 2008. 

§ 60.101a [Amended] 

■ 3. The definition of ‘‘flare’’ in 

§ 60.101a is stayed from September, 26, 

2008, until December 25, 2008. 

§ 60.102a [Amended] 

■ 4. In § 60.102a, paragraph (g) is stayed 

from September, 26, 2008, until 

December 25, 2008. 

§ 60.107a [Amended] 

■ 5. In § 60.107a, paragraphs (d) and (e) 

are stayed from September, 26, 2008, 

until December 25, 2008. 

[FR Doc. E8–22692 Filed 9–25–08; 8:45 am] 

BILLING CODE 6560–50–P 


sroberts on PROD1PC70 with RULES