Standards of Performance for Petroleum Refineries for Which Construction, Reconstruction, or Modification Commenced After May 14, 2007, 78260-78261 [E8-29973]

Download as PDF 78260 Federal Register / Vol. 73, No. 246 / Monday, December 22, 2008 / Proposed Rules • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements. Authority: 42 U.S.C. 7401 et seq. Dated: December 10, 2008. Alan J. Steinberg, Regional Administrator, Region 2. [FR Doc. E8–30378 Filed 12–19–08; 8:45 am] BILLING CODE 6560–50–P 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. 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: lucas.bob@epa.gov. 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: Category NAICS 1 code Industry ........................................................................................................................................... Federal government ........................................................................................................................ State/local/tribal government .......................................................................................................... 32411 ............................ ............................ mstockstill on PROD1PC66 with PROPOSALS 1 North Examples of regulated entities Petroleum refiners. Not affected. Not affected. 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 VerDate Aug<31>2005 16:40 Dec 19, 2008 Jkt 217001 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. PO 00000 Frm 00041 Fmt 4702 Sfmt 4702 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. E:\FR\FM\22DEP1.SGM 22DEP1 Federal Register / Vol. 73, No. 246 / Monday, December 22, 2008 / Proposed Rules 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. § 60.100a [AMENDED] 2. In § 60.100a, paragraph (c) is stayed from February 24, 2009, until further notice. § 60.101a [AMENDED] 3. The definition of ‘‘flare’’ in § 60.101a is stayed from February 24, 2009, until further notice. § 60.102a [AMENDED] 4. In § 60.102a, paragraph (g) is stayed from February 24, 2009, until further notice. § 60.107a [AMENDED] 5. In § 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 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 700, 720, 721, 723, and 725 [EPA–HQ–OPPT–2008–0296; FRL–8395–8] RIN 2070–AJ41 TSCA Section 5 Premanufacture and Significant New Use Notification Electronic Reporting; Revisions to Notification Regulations mstockstill on PROD1PC66 with PROPOSALS AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: EPA is proposing amendments to the Toxic Substances Control Act (TSCA) section 5 Premanufacture and Significant New Use Notification regulations to facilitate the introduction and use of electronic reporting. This action is intended to streamline and reduce the VerDate Aug<31>2005 16:40 Dec 19, 2008 Jkt 217001 administrative costs and burdens of TSCA section 5 notifications for both industry and EPA by establishing standards and requirements for the use of EPA’s Central Data Exchange (CDX) to electronically submit premanufacture notices (PMNs) and other TSCA section 5 notices and support documents to the Agency. EPA is also proposing to amend the TSCA section 5 User Fee regulations to add a new User Fee Payment Identity Number field to the PMN form, which would enable the Agency to match more easily a particular user fee with its notice submission. Lastly, EPA is proposing to remove the Agent signature block field on the PMN form, and thus the requirement for designated Agents to sign the form. DATES: Comments must be received on or before February 20, 2009. ADDRESSES: Submit your comments, identified by docket identification (ID) number EPA–HQ–OPPT–2008–0296, by one of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the on-line instructions for submitting comments. • Mail: Document Control Office (7407M), Office of Pollution Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460– 0001. • Hand Delivery: OPPT Document Control Office (DCO), EPA East Bldg., Rm. 6428, 1201 Constitution Ave., NW., Washington, DC. Attention: Docket ID Number EPA–HQ–OPPT–2008–0296. The DCO is open from 8 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The telephone number for the DCO is (202) 564–8930. Such deliveries are only accepted during the DCO’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to docket ID number EPA–HQ–OPPT– 2008–0296. EPA’s policy is that all comments received will be included in the docket without change and may be made available on-line at https:// 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 regulations.gov or email. The regulations.gov website 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 PO 00000 Frm 00042 Fmt 4702 Sfmt 4702 78261 to EPA without going through regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the 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. For additional information about EPA’s public docket, visit the EPA Docket Center homepage at https:// www.epa.gov/epahome/dockets.htm. Docket: All documents in the docket are listed in the docket index available at https://www.regulations.gov. 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 electronically at https://www.regulations.gov, or, if only available in hard copy, at the OPPT Docket. The OPPT Docket is located in the EPA Docket Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading Room hours of operation are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. The telephone number of the EPA/DC Public Reading Room is (202) 566–1744, and the telephone number for the OPPT Docket is (202) 566–0280. Docket visitors are required to show photographic identification, pass through a metal detector, and sign the EPA visitor log. All visitor bags are processed through an X-ray machine and subject to search. Visitors will be provided an EPA/DC badge that must be visible at all times in the building and returned upon departure. FOR FURTHER INFORMATION CONTACT: For general information contact: Colby Lintner, Regulatory Coordinator, Environmental Assistance Division (7408M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460–0001; telephone number: (202) 554–1404; e-mail address: TSCA-Hotline@epa.gov. For technical information contact: Greg Schweer, Chemical Control Division (7405M), Office of Pollution Prevention and Toxics, Environmental E:\FR\FM\22DEP1.SGM 22DEP1

Agencies

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


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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: lucas.bob@epa.gov.

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:

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