[Federal Register Volume 73, Number 246 (Monday, December 22, 2008)]
[Proposed Rules]
[Pages 78260-78261]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-29973]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[EPA-HQ-OAR-2007-0011; FRL-8753-6]
RIN 2060-AN72


Standards of Performance for Petroleum Refineries for Which 
Construction, Reconstruction, or Modification Commenced After May 14, 
2007

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; stay.

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SUMMARY: EPA is proposing to extend the stay of certain provisions of 
the new standards of performance for petroleum refineries. In the 
``Rules and Regulations'' section of this Federal Register, we are 
extending the stay as a direct final rule without a prior proposed 
rule. If we receive no adverse comment, we will not take further action 
on this proposed rule.

DATES: Written comments must be received by January 21, 2009.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2007-0011, by mail to Air and Radiation Docket (2822T), 1200 
Pennsylvania Avenue, NW., Washington, DC 20460. Please include a total 
of two copies. Comments may also be submitted electronically or through 
hand delivery/courier by following the detailed instructions in the 
ADDRESSES section of the direct final rule located in the rules section 
of this Federal Register.
    We request that you also send a separate copy of each comment to 
the contact persons listed below (see FOR FURTHER INFORMATION CONTACT).

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. Why is EPA issuing this proposed rule?

    This document proposes to take action on the new standards of 
performance for petroleum refineries at 40 CFR part 60, subpart Ja. We 
have published a direct final rule extending the stay of the provisions 
under reconsideration in the ``Rules and Regulations'' section of this 
Federal Register because we view this as a noncontroversial action and 
anticipate no adverse comment. We have explained our reasons for this 
action in the preamble to the direct final rule.
    If we receive no adverse comment, we will not take further action 
on this proposed rule. If we receive adverse comment, we will withdraw 
the direct final rule and it will not take effect. We would address all 
public comments in any subsequent final rule based on this proposed 
rule.
    We do not intend to institute a second comment period on this 
action. Any parties interested in commenting must do so at this time. 
For further information, please see the information provided in the 
ADDRESSES section of this document.

II. Does this action apply to me?

    Categories and entities potentially regulated by this proposed rule 
include:

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                  Category                     NAICS \1\ code            Examples of regulated entities
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Industry....................................             32411  Petroleum refiners.
Federal government..........................  ................  Not affected.
State/local/tribal government...............  ................  Not affected.
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\1\ North American Industry Classification System.

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by the 
standards for petroleum refineries. To determine whether your facility 
is regulated by this action, you should examine the applicability 
criteria in 40 CFR 60.100a. If you have any questions regarding the 
applicability of the new source performance standards to a particular 
entity, contact the person listed in the preceding FOR FURTHER 
INFORMATION CONTACT section.

III. Statutory and Executive Orders

    For a complete discussion of all of the administrative requirements 
applicable to this action, see the direct final rule in the ``Rules and 
Regulations'' section of this Federal Register.

[[Page 78261]]

List of Subjects in 40 CFR Part 60

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Intergovernmental relations, Reporting and 
recordkeeping requirements.

    Dated: December 12, 2008.
Stephen L. Johnson,
Administrator.

    For the reasons cited in the preamble, title 40, chapter I, part 60 
of the Code of Federal Regulations is proposed to be 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.


Sec.  60.100a  [AMENDED]

    2. In Sec.  60.100a, paragraph (c) is stayed from February 24, 
2009, until further notice.


Sec.  60.101a  [AMENDED]

    3. The definition of ``flare'' in Sec.  60.101a is stayed from 
February 24, 2009, until further notice.


Sec.  60.102a  [AMENDED]

    4. In Sec.  60.102a, paragraph (g) is stayed from February 24, 
2009, until further notice.


Sec.  60.107a  [AMENDED]

    5. In Sec.  60.107a, paragraphs (d) and (e) are stayed from 
February 24, 2009, until further notice.

[FR Doc. E8-29973 Filed 12-19-08; 8:45 am]
BILLING CODE 6560-50-P