[Federal Register Volume 83, Number 103 (Tuesday, May 29, 2018)]
[Notices]
[Page 24470]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11457]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-9976-72--Region 6]
Clean Air Act Operating Permit Program; Petitions for Objection
to State Operating Permit for ExxonMobil Corporation, ExxonMobil
Baytown Refinery, Harris County, Texas
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of final Order on Petition for objection to Clean Air
Act title V operating permit.
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SUMMARY: The Environmental Protection Agency (EPA) Administrator signed
an Order dated April 2, 2018, granting in part and denying in part a
Petition dated September 26, 2016 from the Environmental Integrity
Project, Sierra Club, and Air Alliance Houston. The Petition requested
that the EPA object to a Clean Air Act (CAA) title V operating permit
issued by the Texas Commission on Environmental Quality (TCEQ) to
ExxonMobil Corporation (ExxonMobil) for its Baytown Refinery located in
Harris County, Texas.
ADDRESSES: The EPA requests that you contact the individual listed in
the FOR FURTHER INFORMATION CONTACT section to view copies of the final
Order, the Petition, and other supporting information. You may review
copies of the final Order, the Petition, and other supporting
information at the EPA Region 6 Office, 1445 Ross Avenue, Dallas, Texas
75202-2733. You may view the hard copies Monday through Friday, from 9
a.m. to 3 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 Order and Petition are
available electronically at: https://www.epa.gov/title-v-operating-permits/title-v-petition-database.
FOR FURTHER INFORMATION CONTACT: Aimee Wilson, EPA Region 6, (214) 665-
7596, [email protected].
SUPPLEMENTARY INFORMATION: The CAA affords EPA a 45-day period to
review and object to, as appropriate, operating permits proposed by
state permitting authorities under title V of the CAA. Section
505(b)(2) of the CAA authorizes any person to petition the EPA
Administrator to object to a title V operating permit within 60 days
after the expiration of the EPA's 45-day review period if the EPA has
not objected on its own initiative. 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 these issues
during the comment period or unless the grounds for the issue arose
after this period.
The EPA received the Petition from the Environmental Integrity
Project, Sierra Club, and Air Alliance Houston dated September 26,
2016, requesting that the EPA object to the issuance of operating
permit no. O1229, issued by TCEQ to ExxonMobil Baytown Refinery in
Harris County, Texas. The Petition claims that: (1) The proposed permit
incorporates confidential applicable requirements, (2) TCEQ did not
have the authority to create a federally-enforceable PAL permit at the
time PAL7 was issued, (3) the proposed permit fails to require
ExxonMobil to obtain a SIP-compliant authorization for their flexible
permit, (4) the proposed permits' incorporation by reference of minor
NSR authorizations fails to assure compliance, (5) the proposed permit
fails to require monitoring, recordkeeping, and reporting sufficient to
assure compliance with applicable requirements, and (6) the proposed
permit fails to require monitoring that assures compliance with
emission limits and caps for tanks and wastewater treatment plants.
On April 2, 2018, the EPA Administrator issued an Order granting in
part and denying in part the Petition. The Order explains the basis for
EPA's decision.
Sections 307(b) and 505(b)(2) of the CAA provide that a petitioner
may request judicial review of those portions of an order that deny
issues in a petition. Any petition for review shall be filed in the
United States Court of Appeals for the appropriate circuit no later
than July 30, 2018.
Dated: May 17, 2018.
David Gray,
Acting Deputy Regional Administrator, Region 6.
[FR Doc. 2018-11457 Filed 5-25-18; 8:45 am]
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