UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _____________ No. 23-1094 _____________ PORT HAMILTON REFINING AND TRANSPORTATION, LLLP, Petitioner v. U.S. ENVIRONMENTAL PROTECTION AGENCY _________________________ SUR PETITION FOR PANEL REHEARING _________________

Present: RESTREPO, McKEE, and SMITH, Circuit Judges

The petition for rehearing filed by Respondent in the above-entitled case having been submitted to the judges who participated in the decision of this Court, it is hereby ORDERED that the petition for panel rehearing is granted as set forth in the amended precedential opinion filed simultaneously with this order. Because the amendments to the opinion do not alter the Court’s decision in this case, the judgment will remain as filed.

BY THE COURT, s/D. Brooks Smith Circuit Judge Dated: November 22, 2023 Amr/cc: All counsel of record