[Federal Register Volume 67, Number 177 (Thursday, September 12, 2002)]
[Notices]
[Page 57811]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-23263]


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ENVIRONMENTAL PROTECTION AGENCY

[AMS-FRL-7375-6]


Control of Air Pollution From New Motor Vehicles; Low Sulfur 
Diesel Refinery Hardship Applications

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; request for comments.

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SUMMARY: In January 2001, EPA promulgated new emission standards for 
2007 and later model year highway diesel engines as well as low-sulfur 
diesel requirements that begin in 2006 (66 FR 5002, January 18, 2001). 
That action included a provision which allows refiners to seek 
temporary relief from the regulations based on a showing of unusual 
circumstances that impose extreme hardship and significantly affect 
their ability to comply by the required date, as well as other factors. 
Through this document, we are informing the public that we have 
received applications from two refiners for hardship relief under these 
provisions.
    The public is invited to provide input on this matter.

DATES: Comments should be provided by October 15, 2002.

ADDRESSES: Tad Wysor, U.S. EPA, National Vehicle and Fuels Emission 
Laboratory, Assessment and Standards Division, 2000 Traverwood, Ann 
Arbor MI 48105; e-mail [email protected].

FOR FURTHER INFORMATION CONTACT: Tad Wysor, at telephone (734) 214-
4332, fax (734) 214-4816, e-mail [email protected].

SUPPLEMENTARY INFORMATION: In January 2001, EPA promulgated new 
emission standards for 2007 and later model year highway diesel engines 
as well as low-sulfur diesel requirements that begin in 2006 (66 FR 
5002, January 18, 2001). That action included a provision which allows 
refiners to seek temporary relief from the regulations based on a 
showing of unusual circumstances that impose extreme hardship and 
significantly affect their ability to comply by the required date, as 
well as other factors. This provision also requires the refiners to 
make best efforts to comply with the low sulfur diesel fuel 
requirements (40 CFR 80.560).
    Hardship applications were due to EPA by June 1, 2002. We have 
received applications from two refiners for hardship relief under the 
diesel sulfur program by that deadline, as presented in the following 
table.

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                                                          Crude capacity
            Refinery               Refinery location(s)       (bpcd)*
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Giant Industries, Inc..........  Yorktown, VA**.........          59,000
Farmland Industries, Inc.......  Coffeyville, KS........        112,000
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* Based on data from the Department of Energy's Energy Information
  Administration Petroleum Supply Annual 2001, Vol. 1 as of January 1,
  2002.
** Giant also owns two refineries in New Mexico that are not the subject
  of its application.

    We are now in the process of reviewing and evaluating these 
hardship applications according to the provisions of 40 CFR 80.270. 
Although the review and determination associated with these 
applications does not involve a rulemaking, we believe it is important 
to provide public notice of these applications and to provide 
opportunity for public comment. The applicants have requested that we 
treat most of the information in their applications as business 
proprietary ``Confidential Business Information'' under 40 CFR part 2.
    Any party wishing to provide us input on these applicants in the 
context of 40 CFR 80.560 or to provide what they otherwise consider to 
be relevant materials should direct these to the contact person listed 
above by October 15, 2002. We will consider any relevant information 
provided in our evaluation of these applications.

    Dated: September 3, 2002.
Robert Brenner,
Acting Assistant Administrator for Office of Air and Radiation.
[FR Doc. 02-23263 Filed 9-11-02; 8:45 am]
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