NATURE OF THE CASE GETTY REFINING AND MARKETING COMPANY OWNS AND OPERATES A REFINERY IN EL DORADO, KANSAS. THIS REFINERY CONTAINS MANY SOURCES OF AIR POLLUTION AND OVER THE YEARS, DUE TO VARIOUS CONSTRUCTION AND MODIFICATION PROJECTS, MANY OF THESE SOURCES HAVE BEEN SUBJECT TO THE NEW SOURCE PERFORMANCE STANDARDS (NSPS) UNDER THE CLEAN AIR ACT. THE TWO SOURCES THAT ARE THE SUBJECT OF THIS REFERRAL ARE PROCESS HEATERS, DESIGNATED B-2101 AND B-2102. THESE TWO HEATERS WERE CON- STRUCTED AFTER JUNE 11, 1973, AND ARE FUEL GAS COMBUSTION DEVICES (AS DEFINED IN 40 C.F.R. SUBPART J, SECTION 60.101 (G)). THEREFORE THEY ARE SUBJECT TO 40 C.F.R. PART 60, SUB- PART J-- STANDARDS OF PERFORMANCE FOR PETROLEUM REFINERIES. CAUSE OF ACTION: CAUSE OF ACTION ON APRIL 30, 1980, MR. R. G. SOEHLKE, MANAGER OF THE EL DORADO REFINERY, WROTE A LETTER TO THE DIRECTOR OF AIR AND HAZARDOUS MATERIALS DIVISION OF EPA, REGION VII, INFORMING EPA THAT GETTY PLANNED TO REPLACE TWO EXISTING PROCESS HEATERS. MR. SOEHLKE PROVIDED EPA WITH SOME INFORMATION GETTY OF ALL ADDITIONAL INFORMATION WHICH EPA WOULD NEED RE- GARDING THESE TWO NEW HEATERS. IN A LETTER DATED MAY 12, 1980, EPA REGION VII ADVISED GETTY THAT THE TWO NEW PROCESS HEATERS IT PLANNED TO CON- STRUCT WOULD BE SUBJECT TO THE REQUIREMEN