[Federal Register Volume 73, Number 145 (Monday, July 28, 2008)]
[Rules and Regulations]
[Pages 43626-43627]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-17220]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[EPA-HQ-OAR-2007-0011; FRL-8698-3]
RIN 2060-AN72


Standards of Performance for Petroleum Refineries

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; stay of effective date.

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SUMMARY: On June 24, 2008, EPA published in the Federal Register final 
amendments to the current standards of performance for petroleum 
refineries and separate standards of performance for new, modified, or 
reconstructed process units at petroleum refineries. Both of these 
final rules had an effective date of June 24, 2008. This document stays 
the effective date of the rule for the newly promulgated standards of 
performance for new, modified, or reconstructed process units at 
petroleum refineries to September 26, 2008 to be consistent with 
sections 801 and 808 of the Congressional Review Act, enacted as part 
of the Small Business Regulatory Enforcement Fairness Act, 5 U.S.C. 
801, 808. The effective date for the final rule promulgating amendments 
to the current standards of performance for petroleum refineries is not 
changing and remains June 24, 2008.

DATES: The effective date of this rule is July 28, 2008. Title 40 CFR 
part 60, subpart Ja, consisting of Sec. Sec.  60.100a through 60.109a, 
is stayed until September 26, 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: [email protected].

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. The preamble incorrectly classified all amendments to the CFR 
in that rule document as ``non-major'' rules and provided for an 
effective date of June 24, 2008. The amendments to existing NSPS 
subpart J in that document are properly classified as a ``non-major 
rule;'' however, the amendment that added the new NSPS subpart Ja is a 
``major'' rule under the CRA. Section 801 of the CRA precludes a major 
rule from taking effect until the later of 60 days after the date of 
publication of the rule in the Federal Register or 60 days after each 
House of Congress and the Comptroller General of the Government 
Accountability Office receive a copy of a rule report. While EPA did 
submit the above rule as required, because NSPS subpart Ja is a 
``major'' rule, the effective date of June 24, 2008 does not comply 
with sections 801 and 808 of the CRA. Today's rule stays the effective 
date of NSPS subpart Ja consistent with the provisions of the CRA; the 
effective date of NSPS subpart Ja is September 26, 2008. The amendments 
in NSPS subpart J are not affected by today's action and remain 
effective from June 24, 2008.
    Section 553 of the Administrative Procedure Act, 5 U.S.C. 
553(b)(B), provides that when an agency for good cause finds that 
notice and public procedure are impracticable, unnecessary or contrary 
to the public interest, an agency may issue a rule without providing 
notice and an opportunity for public comment. EPA has determined that 
there is good cause for making today's rule final without prior 
proposal and opportunity for comment because EPA is merely correcting 
the effective date of the promulgated rule to be consistent with the 
congressional review requirements of the CRA as a matter of law and has 
no discretion in this matter. Thus, notice and public procedure are 
unnecessary. The Agency finds that this constitutes good cause under 5 
U.S.C. 553(b)(B).

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-and-
comment 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 rule 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

[[Page 43627]]

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 rule 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 rule 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 
rule 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. This rule 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, Incorporations by reference, Intergovernmental 
relations, Reporting and recordkeeping requirements.

    Dated: July 22, 2008.
Stephen L. Johnson,
Administrator.

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For the reasons stated in the preamble, title 40, chapter I of the Code 
of Federal Regulations is amended as follows:

PART 60--[AMENDED]

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1. The authority citation for part 60 continues to read as follows:

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

Subpart Ja--[Stayed]

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2. Subpart Ja, consisting of Sec. Sec.  60.100a through 60.109a, is 
stayed until September 26, 2008.

[FR Doc. E8-17220 Filed 7-25-08; 8:45 am]
BILLING CODE 6560-50-P