[Federal Register Volume 80, Number 206 (Monday, October 26, 2015)]
[Notices]
[Page 65223]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-27161]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-9936-18--Region 6]
Clean Air Act Operating Permit Program; Petition for Objection to
State Operating Permits for Shell Chemical LP Deer Park Chemical Plant
and Shell Oil Company Deer Park Refinery in Texas
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of final action.
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SUMMARY: Pursuant to Clean Air Act (CAA) Section 505(b)(2) and 40 CFR
70.8(d), the EPA Administrator signed an Order, dated September 24,
2015, granting in part and denying in part two petitions asking EPA to
object to operating permits issued by the Texas Commission on
Environmental Quality for Shell Chemical LP's Deer Park Chemical Plant
and Shell Oil Company's Deer Park Refinery (Title V operating permit
numbers O1668 and O1669). The EPA's September 24, 2015 Order responds
to the two petitions, dated May 19, 2014, submitted by the
Environmental Integrity Project (EIP), Sierra Club, and Air Alliance
Houston. Sections 307(b) and 505(b)(2) of the CAA provide that a
petitioner may ask for judicial review by the United States Court of
Appeals for the appropriate circuit of those portions of the Order that
deny issues raised in the petition. Any petition for review shall be
filed within 60 days from the date this notice appears in the Federal
Register, pursuant to section 307(b) of the CAA.
ADDRESSES: You may review copies of the final Order, the petition, and
other supporting information at EPA Region 6, 1445 Ross Avenue, Dallas,
Texas 75202-2733.
EPA requests that if at all possible, you contact the individual
listed in the FOR FURTHER INFORMATION CONTACT section to view copies of
the final Order, petitions, and other supporting information. You may
view the hard copies Monday through Friday, from 9:00 a.m. to 3:00
p.m., excluding Federal holidays. If you wish to examine these
documents, you should make an appointment at least 24 hours before the
visiting day. Additionally, the final September 24, 2015 Order is
available electronically at: http://www2.epa.gov/title-v-operating-permits/order-responding-2014-petition-requesting-administrator-object-deer-park.
FOR FURTHER INFORMATION CONTACT: Aimee Wilson at (214) 665-7596, email
address: [email protected] or the above EPA, Region 6 address.
SUPPLEMENTARY INFORMATION: The CAA affords EPA a 45-day period to
review, and object, as appropriate, to a title V operating permit
proposed by a state permitting authority. Section 505(b)(2) of the CAA
authorizes any person to petition the EPA Administrator, within 60 days
after the expiration of this review period, to object to a title V
operating permit if EPA has not done so. Petitions must be based only
on objections to the permit that were raised with reasonable
specificity during the public comment period provided by the state,
unless the petitioner demonstrates that it was impracticable to raise
such objections during the comment period or unless the grounds for the
objection arose after this period.
The Petitioners maintain that the Shell Deer Park title V operating
permits are inconsistent with the Act based on the following
contentions: (1) The proposed permits' incorporation by reference of
minor NSR authorizations fails to assure compliance; (2) The proposed
permits' incorporation by reference of permits by rule fails to assure
compliance; (3) The proposed permits fail to require monitoring,
recordkeeping, and reporting sufficient to assure compliance with
applicable requirements; (4) The proposed permit for the Deer Park
Refinery impermissibly uses the permit shield provisions; (5) The
proposed permits fail to require Shell to obtain SIP-approved
authorizations for qualified facilities changes; (6) The proposed
permit for the Chemical Plant fails to address Shell's non-compliance
with 30 Texas Administrative Code section 116.116(d), which requires
PBRs for previously permitted facilities to be incorporated into
existing permits on renewal or amendment; (7) The Executive Director's
revision to draft permits' special condition 28 in O1668 and special
condition 29 in O1669 are improper; and (8) The proposed permits must
clarify that credible evidence may be used by citizens to enforce the
terms and conditions of the permits. The claims are described in detail
in Section IV of the Order.
Pursuant to sections 505(b) and 505(e) of the Clean Air Act (42
U.S.C. 7661d(b) and (e)) and 40 CFR 70.7(g) and 70.8(d), the Texas
Commission on Environmental Quality (TCEQ) has 90 days from the receipt
of the Administrator's order to resolve the objections identified in
Claims 2., 3.B., 3.C., and 6. of the Order and submit a proposed
determination or termination, modification, or revocation and
reissuance of the Shell Deer Park title V permits in accordance with
EPA's objections. The Order issued on September 24, 2015 responds to
the Petitions and explains the basis for EPA's decisions.
Dated: October 15, 2015.
Samuel Coleman,
Acting Regional Administrator, Region 6.
[FR Doc. 2015-27161 Filed 10-23-15; 8:45 am]
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