83 FR 24470 - Clean Air Act Operating Permit Program; Petitions for Objection to State Operating Permit for ExxonMobil Corporation, ExxonMobil Baytown Refinery, Harris County, Texas

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 103 (May 29, 2018)

Page Range		24470-24470
FR Document		2018-11457

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.

Federal Register, Volume 83 Issue 103 (Tuesday, May 29, 2018)

[Federal Register Volume 83, Number 103 (Tuesday, May 29, 2018)]
[Notices]
[Page 24470]
From the Federal Register Online  [www.thefederalregister.org]
[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]
 BILLING CODE 6560-50-P

24470 Federal Register / Vol. 83, No. 103 / Tuesday, May 29, 2018 / Notices

VI. Authorities Dated: May 15, 2018. Administrator to object to a title V
Mark A. Gabriel, operating permit within 60 days after
UGPR’s 2021 PMI, published in the Administrator. the expiration of the EPA’s 45-day
Federal Register (76 FR 71015, review period if the EPA has not
[FR Doc. 2018–11418 Filed 5–25–18; 8:45 am]
November 16, 2011), was established objected on its own initiative. Petitions
BILLING CODE 6450–01–P
pursuant to the Department of Energy
must be based only on objections to the
Organization Act (42 U.S.C. 7101–7352);
permit that were raised with reasonable
the Reclamation Act of June 17, 1902
(ch. 1093, 32 Stat. 388) as amended and ENVIRONMENTAL PROTECTION specificity during the public comment
supplemented by subsequent AGENCY period provided by the state, unless the
enactments, particularly section 9(c) of petitioner demonstrates that it was
[FRL–9976–72—Region 6] impracticable to raise these issues
the Reclamation Project Act of 1939 (43
U.S.C. 485h(c)); and other acts Clean Air Act Operating Permit during the comment period or unless
specifically applicable to the projects Program; Petitions for Objection to the grounds for the issue arose after this
involved. This action falls within the State Operating Permit for ExxonMobil period.
2021 PMI and, thus, is covered by the Corporation, ExxonMobil Baytown The EPA received the Petition from
same authority. Refinery, Harris County, Texas the Environmental Integrity Project,
VII. Regulatory Procedure Sierra Club, and Air Alliance Houston
AGENCY: Environmental Protection
Requirements dated September 26, 2016, requesting
Agency (EPA).
that the EPA object to the issuance of
Environmental Compliance ACTION: Notice of final Order on Petition
operating permit no. O1229, issued by
for objection to Clean Air Act title V TCEQ to ExxonMobil Baytown Refinery
In compliance with the National operating permit.
Environmental Policy Act (NEPA) (42 in Harris County, Texas. The Petition
U.S.C. 4321–4347), Council on SUMMARY: The Environmental Protection claims that: (1) The proposed permit
Environmental Quality NEPA Agency (EPA) Administrator signed an incorporates confidential applicable
implementing regulations (40 CFR parts Order dated April 2, 2018, granting in requirements, (2) TCEQ did not have the
1500–1508), and DOE NEPA part and denying in part a Petition dated authority to create a federally-
implementing regulations (10 CFR part September 26, 2016 from the enforceable PAL permit at the time
1021), WAPA completed a Categorical Environmental Integrity Project, Sierra PAL7 was issued, (3) the proposed
Exclusion (CX). This NEPA review Club, and Air Alliance Houston. The permit fails to require ExxonMobil to
identified and analyzed environmental Petition requested that the EPA object to obtain a SIP-compliant authorization for
effects related to the 2021 PMI. This a Clean Air Act (CAA) title V operating their flexible permit, (4) the proposed
action falls within the 2021 PMI and, permit issued by the Texas Commission permits’ incorporation by reference of
thus, is covered by the CX. on Environmental Quality (TCEQ) to minor NSR authorizations fails to assure
ExxonMobil Corporation (ExxonMobil) compliance, (5) the proposed permit
Review Under the Paperwork Reduction
for its Baytown Refinery located in fails to require monitoring,
Act
Harris County, Texas. recordkeeping, and reporting sufficient
In accordance with the Paperwork ADDRESSES: The EPA requests that you to assure compliance with applicable
Reduction Act of 1995 (44 U.S.C. 3501, contact the individual listed in the FOR requirements, and (6) the proposed
et seq.), WAPA has received approval FURTHER INFORMATION CONTACT section to permit fails to require monitoring that
from the Office of Management and view copies of the final Order, the assures compliance with emission limits
Budget for the collection of customer Petition, and other supporting and caps for tanks and wastewater
information in this notice, under information. You may review copies of treatment plants.
Control Number 1910–5136. Public the final Order, the Petition, and other
reporting burden for the certification is supporting information at the EPA On April 2, 2018, the EPA
estimated to average 8 hours per Region 6 Office, 1445 Ross Avenue, Administrator issued an Order granting
response, including the time for Dallas, Texas 75202–2733. You may in part and denying in part the Petition.
reviewing instructions, searching view the hard copies Monday through The Order explains the basis for EPA’s
existing data sources, gathering and Friday, from 9 a.m. to 3 p.m., excluding decision.
maintaining the data needed, and federal holidays. If you wish to examine Sections 307(b) and 505(b)(2) of the
completing and reviewing the collection these documents, you should make an CAA provide that a petitioner may
of information. appointment at least 24 hours before the request judicial review of those portions
Notwithstanding any other provision visiting day. Additionally, the final of an order that deny issues in a
of law, no person is required to respond Order and Petition are available petition. Any petition for review shall
to a Federal collection of information electronically at: https://www.epa.gov/ be filed in the United States Court of
unless it displays a valid Office of title-v-operating-permits/title-v-petition- Appeals for the appropriate circuit no
Management and Budget control database. later than July 30, 2018.
number. FOR FURTHER INFORMATION CONTACT:
Dated: May 17, 2018.
Aimee Wilson, EPA Region 6, (214)
Determination Under Executive Order David Gray,
665–7596, wilson.aimee@epa.gov.
12866
daltland on DSKBBV9HB2PROD with NOTICES

Acting Deputy Regional Administrator,
SUPPLEMENTARY INFORMATION: The CAA
Region 6.
WAPA has an exemption from affords EPA a 45-day period to review
[FR Doc. 2018–11457 Filed 5–25–18; 8:45 am]
centralized regulatory review under and object to, as appropriate, operating
Executive Order 12866; accordingly, no permits proposed by state permitting BILLING CODE 6560–50–P

clearance of this Federal Register notice authorities under title V of the CAA.
by the Office of Management and Section 505(b)(2) of the CAA authorizes
Budget is required. any person to petition the EPA

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Document Created: 2018-05-26 00:48:01
Document Modified: 2018-05-26 00:48:01

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 Order on Petition for objection to Clean Air Act title V operating permit.
Contact		Aimee Wilson, EPA Region 6, (214) 665- 7596, [email protected]
FR Citation		83 FR 24470