80 FR 65223 - 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

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 206 (October 26, 2015)

Page Range		65223-65223
FR Document		2015-27161

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.

Federal Register, Volume 80 Issue 206 (Monday, October 26, 2015)

[Federal Register Volume 80, Number 206 (Monday, October 26, 2015)]
[Notices]
[Page 65223]
From the Federal Register Online  [www.thefederalregister.org]
[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]
 BILLING CODE 6560-50-P

Federal Register / Vol. 80, No. 206 / Monday, October 26, 2015 / Notices 65223

22,926. (8) Annual Estimated Reporting FOR FURTHER INFORMATION CONTACT and special condition 29 in O1669 are
and Recordkeeping Cost Burden: zero section to view copies of the final Order, improper; and (8) The proposed permits
dollars. DOE estimates that there are no petitions, and other supporting must clarify that credible evidence may
additional costs to respondents information. You may view the hard be used by citizens to enforce the terms
associated with the surveys other than copies Monday through Friday, from and conditions of the permits. The
the costs associated with the burden 9:00 a.m. to 3:00 p.m., excluding claims are described in detail in Section
hours. Federal holidays. If you wish to IV of the Order.
Statutory Authority: The U.S. Code, Title examine these documents, you should Pursuant to sections 505(b) and 505(e)
42, Chapter 149, Subchapter IX, Part A, make an appointment at least 24 hours of the Clean Air Act (42 U.S.C. 7661d(b)
Section 16191—Energy Efficiency. before the visiting day. Additionally, the and (e)) and 40 CFR 70.7(g) and 70.8(d),
final September 24, 2015 Order is the Texas Commission on
Issued in Washington, DC, on October 2,
2015. available electronically at: http:// Environmental Quality (TCEQ) has 90
www2.epa.gov/title-v-operating-permits/ days from the receipt of the
Roland J. Risser,
order-responding-2014-petition- Administrator’s order to resolve the
Director, Building Technologies Office,
requesting-administrator-object-deer- objections identified in Claims 2., 3.B.,
Energy Efficiency and Renewable Energy.
park. 3.C., and 6. of the Order and submit a
[FR Doc. 2015–27202 Filed 10–23–15; 8:45 am]
FOR FURTHER INFORMATION CONTACT: proposed determination or termination,
BILLING CODE 6450–01–P
Aimee Wilson at (214) 665–7596, email modification, or revocation and
address: wilson.aimee@epa.gov or the reissuance of the Shell Deer Park title V
above EPA, Region 6 address. permits in accordance with EPA’s
ENVIRONMENTAL PROTECTION objections. The Order issued on
AGENCY SUPPLEMENTARY INFORMATION: The CAA
affords EPA a 45-day period to review, September 24, 2015 responds to the
[FRL–9936–18—Region 6] and object, as appropriate, to a title V Petitions and explains the basis for
operating permit proposed by a state EPA’s decisions.
Clean Air Act Operating Permit permitting authority. Section 505(b)(2) Dated: October 15, 2015.
Program; Petition for Objection to of the CAA authorizes any person to Samuel Coleman,
State Operating Permits for Shell petition the EPA Administrator, within
Chemical LP Deer Park Chemical Plant Acting Regional Administrator, Region 6.
60 days after the expiration of this [FR Doc. 2015–27161 Filed 10–23–15; 8:45 am]
and Shell Oil Company Deer Park review period, to object to a title V
Refinery in Texas operating permit if EPA has not done so.
BILLING CODE 6560–50–P

AGENCY: Environmental Protection Petitions must be based only on
Agency (EPA). objections to the permit that were raised ENVIRONMENTAL PROTECTION
ACTION: Notice of final action. with reasonable specificity during the AGENCY
public comment period provided by the
SUMMARY: Pursuant to Clean Air Act state, unless the petitioner demonstrates [FRL 9936–15–OA]
(CAA) Section 505(b)(2) and 40 CFR that it was impracticable to raise such
70.8(d), the EPA Administrator signed objections during the comment period Notification of a Public Teleconference
an Order, dated September 24, 2015, or unless the grounds for the objection of the Clean Air Scientific Advisory
granting in part and denying in part two arose after this period. Committee Secondary National
petitions asking EPA to object to The Petitioners maintain that the Ambient Air Quality Standards Review
operating permits issued by the Texas Shell Deer Park title V operating permits Panel for Oxides of Nitrogen and
Commission on Environmental Quality are inconsistent with the Act based on Sulfur
for Shell Chemical LP’s Deer Park the following contentions: (1) The
Chemical Plant and Shell Oil proposed permits’ incorporation by AGENCY: Environmental Protection
Company’s Deer Park Refinery (Title V reference of minor NSR authorizations Agency (EPA).
operating permit numbers O1668 and fails to assure compliance; (2) The ACTION: Notice.
O1669). The EPA’s September 24, 2015 proposed permits’ incorporation by
Order responds to the two petitions, reference of permits by rule fails to SUMMARY: The Environmental Protection
dated May 19, 2014, submitted by the assure compliance; (3) The proposed Agency (EPA) Science Advisory Board
Environmental Integrity Project (EIP), permits fail to require monitoring, (SAB) Staff Office announces a public
Sierra Club, and Air Alliance Houston. recordkeeping, and reporting sufficient teleconference of the Clean Air
Sections 307(b) and 505(b)(2) of the to assure compliance with applicable Scientific Advisory Committee (CASAC)
CAA provide that a petitioner may ask requirements; (4) The proposed permit Secondary National Ambient Air
for judicial review by the United States for the Deer Park Refinery Quality Standards (NAAQS) Review
Court of Appeals for the appropriate impermissibly uses the permit shield Panel for Oxides of Nitrogen and Sulfur
circuit of those portions of the Order provisions; (5) The proposed permits to peer review EPA’s Integrated Review
that deny issues raised in the petition. fail to require Shell to obtain SIP- Plan (IRP) for the Secondary (welfare-
Any petition for review shall be filed approved authorizations for qualified based) National Ambient Air Quality
within 60 days from the date this notice facilities changes; (6) The proposed Standards for Oxides of Nitrogen and
appears in the Federal Register, permit for the Chemical Plant fails to Oxides of Sulfur.
asabaliauskas on DSK5VPTVN1PROD with NOTICES

pursuant to section 307(b) of the CAA. address Shell’s non-compliance with 30 DATES: The CASAC Secondary NAAQS
ADDRESSES: You may review copies of Texas Administrative Code section Review Panel for Oxides of Nitrogen
the final Order, the petition, and other 116.116(d), which requires PBRs for and Sulfur will hold a teleconference on
supporting information at EPA Region 6, previously permitted facilities to be Tuesday December 1, 2015 from 1:00
1445 Ross Avenue, Dallas, Texas 75202– incorporated into existing permits on p.m. to 5:00 p.m. (Eastern Standard
2733. renewal or amendment; (7) The Time).
EPA requests that if at all possible, Executive Director’s revision to draft Location: The public teleconference
you contact the individual listed in the permits’ special condition 28 in O1668 will take place by telephone only.

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Document Created: 2018-02-27 08:55:58
Document Modified: 2018-02-27 08:55:58

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of final action.
Contact		Aimee Wilson at (214) 665-7596, email
FR Citation		80 FR 65223