Federal Register / Vol. 74, No. 207 / Wednesday, October 28, 2009 / Proposed Rules 55505 

By the Commission. 

Shoshana M. Grove, 

Secretary. 

[FR Doc. E9–25994 Filed 10–27–09; 8:45 am] 

BILLING CODE 7710–FW–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 9 and 63 

[EPA–HQ–OAR–2003–0146; FRL–8972–3] 

RIN 2060–AO55 

National Emission Standards for 

Hazardous Air Pollutants From 

Petroleum Refineries 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed partial withdrawal of 

final rule. 

SUMMARY: EPA is proposing to withdraw 

the residual risk and technology review 

portions of the final rule amending the 

National Emission Standards for 

Hazardous Air Pollutants From 

Petroleum Refineries, which was signed 

by then Administrator Stephen Johnson, 

on January 16, 2009. 

DATES: Written comments must be 

received on or before November 27, 

2009, unless a public hearing is 

requested by November 9, 2009. If a 

hearing is requested on the proposed 

partial withdrawal, written comments 

must be received by December 14, 2009. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2003–0146, by one of the 

following methods: 

• E-mail: Comments may be sent by 

electronic mail (e-mail) to a-and-rDocket@epa.gov, Attention Docket ID 

No. EPA–HQ–OAR–2003–0146. 

• Fax: Fax your comments to: (202) 

566–9744, Attention Docket ID No. 

EPA–HQ–OAR–2003–0146. 

• Mail: Send your comments to: Air 

and Radiation Docket and Information 

Center, Environmental Protection 

Agency, Mailcode: 2822T, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460, Attention Docket ID No. 

EPA–HQ–OAR–2003–0146. Please 

include a total of two copies. We request 

that a separate copy also be sent to the 

contact person identified below (see FOR

FURTHER INFORMATION CONTACT). 

• Hand Delivery: In person or by 

courier, deliver comments to: EPA 

Docket Center, EPA West, Room 3334, 

1301 Constitution Avenue, NW., 

Washington, DC 20004. Such deliveries 

are only accepted during the Docket’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. Please 

include a total of two copies. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OAR–2003– 

0146. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be confidential business 

information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the EPA Docket Center, Public Reading 

Room, EPA West Building, Room 3334, 

1301 Constitution Ave., NW., 

Washington, DC. The Public Reading 

Room is open from 8:30 a.m. to 4:30 

p.m. Eastern Standard Time (EST), 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the Air 

and Radiation Docket is (202) 566–1742. 

We request that you also send a 

separate copy of each comment to the 

contact persons listed below (see FOR

FURTHER INFORMATION CONTACT). 

CBI: Do not submit information 

containing CBI to EPA through http:// 

www.regulations.gov or e-mail. Send or 

deliver information identified as CBI 

only to the following address: Roberto 

Morales, OAQPS Document Control 

Officer (C404–02), Office of Air Quality 

Planning and Standards, Environmental 

Protection Agency, Research Triangle 

Park, NC 27711, Attention Docket ID 

No. EPA–HQ–OAR–2003–0146. Clearly 

mark the part of all of the information 

that you claim to be CBI. For CBI 

information in a disk or CD–ROM that 

you mail to EPA, mark the outside of the 

disk or CD–ROM as CBI and then 

identify electronically within the disk or 

CD–ROM the specific information that 

is claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

Public Hearing: If anyone contacts 

EPA requesting to speak at a public 

hearing by November 9, 2009, a public 

hearing will be held on November 12, 

2009. Persons interested in presenting 

oral testimony or inquiring as to 

whether a public hearing is to be held 

should contact Mr. Bob Lucas, listed in 

the FOR FURTHER INFORMATION CONTACT

section, at least 2 days in advance of the 

hearing. If a public hearing is held, it 

will be held at 10 a.m. at the EPA’s 

Environmental Research Center 

Auditorium, Research Triangle Park, 

NC, or an alternate site nearby. 

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: Section 

112 of the Clean Air Act (CAA) 

establishes a two-stage regulatory 

process to address emissions of 

hazardous air pollutants (HAP) from 

stationary sources. In the first stage, 

after EPA has identified categories of 

sources emitting one or more of the HAP 

listed in section 112(b) of the CAA, 

section 112(d) calls for us to promulgate 

national emission standards for 

mstockstill on DSKH9S0YB1PROD with PROPOSALS

55506 Federal Register / Vol. 74, No. 207 / Wednesday, October 28, 2009 / Proposed Rules 

1We note that on January 30, 2009, the litigants 

notified EPA by letter that they believed the Agency 

had discharged its obligation under the consent 

decree and that ‘‘further review of the rule pursuant 

to the Emanuel memo will not violate the consent 

decree.’’ 

hazardous air pollutants (NESHAP) for 

those sources. The EPA is then required 

to review these technology-based 

standards and to revise them ‘‘as 

necessary (taking into account 

developments in practices, processes, 

and control technologies)’’ no less 

frequently than every 8 years, under 

CAA section 112(d)(6). The second stage 

in standard-setting focuses on reducing 

any remaining ‘‘residual’’ risk according 

to CAA section 112(f). 

On January 16, 2009, then 

Administrator Stephen Johnson signed a 

final rule amending the National 

Emission Standards for Hazardous Air 

Pollutants From Petroleum Refineries 

and the signed rule was made publicly 

available on EPA’s Web site. The signed 

rule included several different actions. 

First, it promulgated maximum 

achievable control technology (MACT) 

standards under sections 112(d)(2) and 

(3) for heat exchange systems, which 

EPA had not addressed in the original 

Refinery MACT 1 rule. Second, 

pursuant to CAA section 112(f)(2), the 

rule addressed residual risk for all 

Refinery MACT 1 sources, including 

heat exchange systems, and it addressed 

the technology review pursuant to CAA 

section 112(d)(6) for all sources 

addressed in the original Refinery 

MACT 1 rule. Additionally, we updated 

the table in the Refinery MACT 1 

standards (Table 6) that cross-references 

the General Provisions in 40 CFR part 

63, subpart A, and made a few 

additional clarifications to dates and 

cross-references in the Refinery MACT 1 

standards. 

The signed rule was submitted to the 

Office of the Federal Register for 

publication. Rahm Emanuel, Assistant 

to the President and Chief of Staff, 

issued a memorandum on January 20, 

2009, directing Agencies to withdraw 

from the Office of the Federal Register 

‘‘all proposed or final regulations that 

have not been published in the Federal 

Register so that they can be reviewed 

and approved by a department or 

agency head.’’ Although there was an 

exception for ‘‘regulations subject to 

statutory or judicial deadlines,’’ the 

Agency chose not to apply the exception 

in this case. One portion of the final 

rule, the CAA section 112(d)(6) review, 

was performed pursuant to the terms of 

a Consent Decree, which, as modified, 

required that by January 16, 2009, EPA 

‘‘shall sign and promptly forward to the 

Federal Register for publication either 

final revisions to the standards for 

petroleum refineries in 40 CFR Part 63, 

Subpart CC pursuant to 42 U.S.C. 

7412(d)(6) or a final determination that 

no revisions are necessary.’’ Former 

Administrator Stephen Johnson signed 

the rule on January 16, 2009, and 

promptly forwarded it to the Federal 

Register office, thus, fulfilling this 

obligation.1

Upon further review, EPA has 

determined that the residual risk and 

technology reviews may not accurately 

characterize the risk posed by this 

source category. We recently responded 

to a Request for Correction under EPA’s 

Information Quality Guidelines from the 

City of Houston. (Letter to U.S. EPA 

Information Quality Guidelines staff 

from the Honorable Bill White, Mayor of 

Houston, July 9, 2008.) In that response, 

we recognized that we are currently 

taking action (and plan to take 

additional action) to gather better 

emissions information from the refining 

industry. Additionally, we note that 

during the comment period on the 

proposed rule, similar issues were 

raised concerning the representativeness 

of the emissions data, and whether they 

provide an accurate basis for 

characterizing the risks posed. 

Accordingly, after additional 

consideration of these issues, we believe 

it is necessary to withdraw the rule that 

was signed on January 16, 2009, so that 

we may develop a more robust analysis 

based on the improved information we 

are developing. 

For these reasons, EPA is proposing to 

withdraw the signed final rule that 

included the residual risk and 

technology review for Refinery MACT 1 

sources to provide the Agency with time 

to collect additional data and perform 

these analyses. Once EPA has 

undertaken these activities, we will 

provide the public with an opportunity 

to comment on a new proposed rule that 

would be issued. 

Simultaneous with the issuance of 

this proposal, we are publishing in the 

Federal Register a final rule identical in 

substance to that signed on January 16, 

2009, for: (1) The technology-based 

MACT standards for heat exchange 

systems under section 112(d)(2) and (3) 

of the CAA; (2) revisions to Table 6 of 

the existing Refinery MACT 1 rule 

(subpart CC), which describes the 

application of the NESHAP General 

Provisions in 40 CFR part 63, subpart A 

to subpart CC; and (3) the other 

conforming changes and corrections that 

were included as part of the January 16, 

2009 rule. The portions of the January 

16, 2009 rule that are being published 

as a final rule are included in a new 

Federal Register notice signed by 

Administrator Jackson and, regarding 

those issues, are identical in substance 

to the final rule that was signed by 

former Administrator Stephen Johnson. 

List of Subjects in 40 CFR Part 63 

Environmental protection, Air 

pollution control, Hazardous 

substances, Reporting and 

recordkeeping requirements. 

Dated: October 15, 2009. 

Lisa P. Jackson, 

Administrator. 

[FR Doc. E9–25453 Filed 10–27–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 745 

[EPA–HQ–OPPT–2005–0049; FRL–8795–9] 

RIN 2070–AJ55 

Lead; Amendment to the Opt-out and 

Recordkeeping Provisions in the 

Renovation, Repair, and Painting 

Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing several 

revisions to the Lead Renovation, 

Repair, and Painting Program (RRP) rule 

that published in the Federal Register 

on April 22, 2008. The rule establishes 

accreditation, training, certification, and 

recordkeeping requirements as well as 

work practice standards on persons 

performing renovations for 

compensation in most pre-1978 housing 

and child-occupied facilities. In this 

document, EPA is proposing to 

eliminate the ‘‘opt-out’’ provision that 

currently exempts a renovation firm 

from the training and work practice 

requirements of the rule where the firm 

obtains a certification from the owner of 

a residence he or she occupies that no 

child under age 6 or pregnant women 

resides in the home and the home is not 

a child-occupied facility. EPA is also 

proposing to require renovation firms to 

provide a copy of the records 

demonstrating compliance with the 

training and work practice requirements 

of the RRP rule to the owner and, if 

different, the occupant of the building 

being renovated or the operator of the 

child-occupied facility. 

DATES: Comments must be received on 

or before November 27, 2009. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2005–0049, by 

one of the following methods: 

mstockstill on DSKH9S0YB1PROD with PROPOSALS