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GAO-08-1072R 1 (2008-08-11)

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T I   IAccountability * Integrity * Reliability
United States Government Accountability Office
Washington, DC 20548

          B-316880


          August 11, 2008

          The Honorable Barbara Boxer
          Chairman
          The Honorable James M. Inhofe
          Ranking Minority Member
          Committee on Environment and Public Works
          United States Senate

          The Honorable John D. Dingell
          Chairman
          The Honorable Joe Barton
          Ranking Minority Member
          Committee on Energy and Commerce
          House of Representatives

          Subject: Environmental Protection Agency: Standards of Performance for Petroleum
                  Refineries

          Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a
          major rule promulgated by the Environmental Protection Agency (EPA), entitled
          Standards of Performance for Petroleum Refineries (RIN: 2060-AN72). We
          received the rule, which EPA categorized as non-major under the Congressional
          Review Act, on May 1, 2008. It was published in the Federal Register as a final rule
          on June 24, 2008. 73 Fed. Reg. 35,838. On July 28, 2008, EPA stated that the final rule
          for newly promulgated standards of performance for new, modified, or
          reconstructed process units (subpart Ja) should have been classified as a major rule
          under the Congressional Review Act and would be stayed for 60 days in a final rule
          published in the Federal Register. 73 Fed. Reg. 43,626. We received that rule on
          July 25, 2008. For the purposes of this report, the final rule refers to the substantive
          rule published on June 24, 2008.

          The final rule amends the current Standards of Performance for Petroleum
          Refineries. The final rule also promulgates separate standards of performance for
          new, modified, or reconstructed process units at petroleum refineries, including
          emissions limitations and work practice standards for fluid catalytic cracking units,
          fluid coking units, delayed coking units, fuel gas combustion devices, and sulfur
          recovery plants.


GAO-08-1072R

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