83_FR_33357 83 FR 33220 - Clean Air Act Operating Permit Program; Petitions for Objection to State Operating Permit for Motiva Enterprises LLC, Port Arthur Refinery, Jefferson County, Texas

83 FR 33220 - Clean Air Act Operating Permit Program; Petitions for Objection to State Operating Permit for Motiva Enterprises LLC, Port Arthur Refinery, Jefferson County, Texas

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 137 (July 17, 2018)

Page Range33220-33221
FR Document2018-15205

The Environmental Protection Agency (EPA) Administrator signed an Order dated May 31, 2018, granting in part and denying in part a Petition dated November 8, 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 Motiva Enterprises LLC (Motiva) for its Port Arthur Refinery located in Jefferson County, Texas.

Federal Register, Volume 83 Issue 137 (Tuesday, July 17, 2018)
[Federal Register Volume 83, Number 137 (Tuesday, July 17, 2018)]
[Notices]
[Pages 33220-33221]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-15205]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9980-10--Region 6]


Clean Air Act Operating Permit Program; Petitions for Objection 
to State Operating Permit for Motiva Enterprises LLC, Port Arthur 
Refinery, Jefferson County, Texas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final Order on Petition for objection to Clean Air 
Act title V operating permit.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) Administrator signed 
an Order dated May 31, 2018, granting in part and denying in part a 
Petition dated November 8, 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 
Motiva Enterprises LLC (Motiva) for its Port Arthur Refinery located in 
Jefferson 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

[[Page 33221]]

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: Kyndall Cox, EPA Region 6, (214) 665-
8567, cox.kyndall@epa.gov.

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 November 8, 2016, 
requesting that the EPA object to the issuance of operating permit no. 
O1386, issued by TCEQ to Motiva's Port Arthur Refinery in Jefferson 
County, Texas. The Petition has six claims (1-6) that the proposed 
permit fails to require monitoring, recordkeeping and reporting 
sufficient to assure compliance with various emission limits and 
operational requirements for units authorized by New Source Review 
(NSR) permits and permits by rule (PBRs); one claim (7) that the 
proposed permit's incorporation by reference of permit by rule 
requirements fails to assure compliance with applicable requirements; 
and one claim (8) that the proposed permit fails to identify 
monitoring, recordkeeping and reporting for emission units subject to 
NSPS and NESHAP federal rules.
    On May 31, 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 September 17, 2018.

    Dated: July 3, 2018.
Anne L. Idsal,
Regional Administrator, Region 6.
[FR Doc. 2018-15205 Filed 7-16-18; 8:45 am]
 BILLING CODE 6560-50-P



                                               33220                           Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Notices

                                               may not conduct or sponsor and a                         the use of appropriate automated                      burden compared with the ICR currently
                                               person is not required to respond to a                   electronic, mechanical, or other                      approved by OMB. This increase is due
                                               collection of information unless it                      technological collection techniques or                to an increase in the number of
                                               displays a currently valid OMB control                   other forms of information technology,                maximum achievable control
                                               number.                                                  e.g., permitting electronic submission of             technology standard promulgations
                                               DATES: Comments must be submitted on                     responses. The EPA will consider the                  compared to last period. We are still in
                                               or before September 17, 2018.                            comments received and amend the ICR                   the process of reviewing the key
                                               ADDRESSES: Submit your comments,                         as appropriate. The final ICR package                 assumptions in the ICR that will affect
                                               referencing Docket ID No. EPA–HQ–                        will then be submitted to OMB for                     the overall burden estimate. These
                                               OAR–2004–0065, online using https://                     review and approval. At that time, the                include the number of delegation
                                               www.regulations.gov (our preferred                       EPA will issue another Federal Register               activities expected to occur during the
                                               method), by email to a-and-r-docket@                     notice to announce the submission of                  upcoming collection period, the
                                               epa.gov, or by mail to: EPA Docket                       the ICR to OMB and the opportunity to                 delegation options most likely to be
                                               Center, Environmental Protection                         submit additional comments to OMB.                    used by the delegated S/L/Ts, and the
                                               Agency, Mail Code 28221T, 1200                              Abstract: This information collection              burden associated with each of the
                                               Pennsylvania Ave. NW, Washington, DC                     is an application from state, local, or               options. Depending on the outcome of
                                               20460.                                                   tribal agencies (S/L/Ts) for delegation of            this review, there could be changes in
                                                  The EPA’s policy is that all comments                 regulations developed under section 112               the overall burden estimates.
                                               received will be included in the public                  of the Clean Air Act (CAA). The five
                                                                                                                                                                Dated: July 11, 2018.
                                               docket without change including any                      options for delegation are (1) straight
                                                                                                                                                              David Cozzie,
                                               personal information provided, unless                    delegation, (2) rule adjustment, (3) rule
                                                                                                        substitution, (4) equivalency by permit,              Acting Director, Sector Policies and Program
                                               the comment includes profanity, threats,                                                                       Division.
                                               information claimed to be Confidential                   or (5) state program approval. The
                                                                                                        information is needed and used to                     [FR Doc. 2018–15204 Filed 7–16–18; 8:45 am]
                                               Business Information (CBI) or other
                                               information whose disclosure is                          determine if the entity submitting an                 BILLING CODE 6560–50–P

                                               restricted by statute.                                   application has met the criteria
                                               FOR FURTHER INFORMATION CONTACT: John                    established in 40 CFR part 63, subpart
                                                                                                        E. This information is necessary for the              ENVIRONMENTAL PROTECTION
                                               Schaefer, Sector Policies and Programs                                                                         AGENCY
                                               Division (D205–02), Office of Air                        EPA Administrator to determine the
                                               Quality Planning and Standards,                          acceptability of approving S/L/T’s rules,             [FRL–9980–10—Region 6]
                                               Environmental Protection Agency,                         requirements, or programs in lieu of the
                                                                                                        Federal CAA section 112 rules or                      Clean Air Act Operating Permit
                                               Research Triangle Park, NC 27711;
                                                                                                        programs. The collection of information               Program; Petitions for Objection to
                                               telephone number: 919–541–0296; fax
                                                                                                        is authorized under 42 U.S.C. 7401–                   State Operating Permit for Motiva
                                               number: 919–541–4991; email address:
                                                                                                        7671q.                                                Enterprises LLC, Port Arthur Refinery,
                                               schaefer.john@epa.gov.
                                                                                                           Form Numbers: None.                                Jefferson County, Texas
                                               SUPPLEMENTARY INFORMATION:
                                                                                                           Respondents/affected entities: Entities
                                               Supporting documents which explain in                                                                          AGENCY:  Environmental Protection
                                                                                                        potentially affected by this action are S/
                                               detail the information that the EPA will                                                                       Agency (EPA).
                                                                                                        L/Ts participating in this voluntary
                                               be collecting are available in the public                program. These government                             ACTION: Notice of final Order on Petition
                                               docket for this ICR. The docket can be                   establishments are classified as Air and              for objection to Clean Air Act title V
                                               viewed online at https://                                Water Resource and Solid Waste                        operating permit.
                                               www.regulations.gov or in person at the                  Management Programs under Standard
                                               EPA Docket Center, EPA WJC West                                                                                SUMMARY:   The Environmental Protection
                                                                                                        Industrial Classification (SIC) code 9511             Agency (EPA) Administrator signed an
                                               Building, Room 3334, 1301 Constitution                   and North American Industry
                                               Ave. NW, Washington, DC. The                                                                                   Order dated May 31, 2018, granting in
                                                                                                        Classification System (NAICS) code                    part and denying in part a Petition dated
                                               telephone number for the Docket Center                   92411. No industries under any SIC or
                                               is 202–566–1744. For additional                                                                                November 8, 2016 from the
                                                                                                        NAICS codes will be included among                    Environmental Integrity Project, Sierra
                                               information about the EPA’s public                       respondents.
                                               docket, visit https://www.epa.gov/                                                                             Club, and Air Alliance Houston. The
                                                                                                           Respondent’s obligation to respond:
                                               dockets.                                                                                                       Petition requested that the EPA object to
                                                                                                        Voluntary.
                                                  Pursuant to section 3506(c)(2)(A) of                                                                        a Clean Air Act (CAA) title V operating
                                                                                                           Estimated number of respondents:
                                               the PRA, the EPA is soliciting comments                                                                        permit issued by the Texas Commission
                                                                                                        119 S/L/Ts for maximum achievable
                                               and information to enable it to: (1)                                                                           on Environmental Quality (TCEQ) to
                                                                                                        control technology standards and 95 S/
                                               Evaluate whether the proposed                                                                                  Motiva Enterprises LLC (Motiva) for its
                                                                                                        L/Ts for area source standards per year.
                                               collection of information is necessary                      Frequency of response: One time per                Port Arthur Refinery located in Jefferson
                                               for the proper performance of the                        delegation request.                                   County, Texas.
                                               functions of the Agency, including                          Total estimated burden: 30,383 hours               ADDRESSES: The EPA requests that you
                                               whether the information will have                        (per year). Burden is defined at 5 CFR                contact the individual listed in the FOR
                                               practical utility; (2) evaluate the                      1320.03(b).                                           FURTHER INFORMATION CONTACT section to
                                               accuracy of the Agency’s estimate of the                    Total estimated cost: $1,587,350 (per              view copies of the final Order, the
                                               burden of the proposed collection of                     year). This includes an estimated labor               Petition, and other supporting
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                                               information, including the validity of                   burden cost of $1,585,000 and an                      information. You may review copies of
                                               the methodology and assumptions used;                    estimated cost of $2,350 for operation                the final Order, the Petition, and other
                                               (3) enhance the quality, utility, and                    and maintenance costs resulting from                  supporting information at the EPA
                                               clarity of the information to be                         photocopying and postage expenses.                    Region 6 Office, 1445 Ross Avenue,
                                               collected; and; (5) minimize the burden                     Changes in Estimates: Preliminary                  Dallas, Texas 75202–2733. You may
                                               of the collection of information on those                results indicate an increase of 588 hours             view the hard copies Monday through
                                               who are to respond, including through                    in the total estimated respondent                     Friday, from 9 a.m. to 3 p.m., excluding


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                                                                               Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Notices                                                 33221

                                               federal holidays. If you wish to examine                 Appeals for the appropriate circuit no                 Authority: Federal Advisory Committee
                                               these documents, you should make an                      later than September 17, 2018.                        Act, Pub. L. 92–463.
                                               appointment at least 24 hours before the                   Dated: July 3, 2018.                                  Dated: July 12, 2018.
                                               visiting day. Additionally, the final                    Anne L. Idsal,                                        Wendy M. Payne,
                                               Order and Petition are available                                                                               Executive Director.
                                                                                                        Regional Administrator, Region 6.
                                               electronically at: https://www.epa.gov/                                                                        [FR Doc. 2018–15234 Filed 7–16–18; 8:45 am]
                                                                                                        [FR Doc. 2018–15205 Filed 7–16–18; 8:45 am]
                                               title-v-operating-permits/title-v-petition-
                                                                                                        BILLING CODE 6560–50–P                                BILLING CODE 1610–02–P
                                               database.
                                               FOR FURTHER INFORMATION CONTACT:
                                               Kyndall Cox, EPA Region 6, (214) 665–                    FEDERAL ACCOUNTING STANDARDS
                                               8567, cox.kyndall@epa.gov.                               ADVISORY BOARD                                        FEDERAL COMMUNICATIONS
                                                                                                                                                              COMMISSION
                                               SUPPLEMENTARY INFORMATION: The CAA
                                               affords EPA a 45-day period to review                    Notice of Request for Comment on the
                                               and object to, as appropriate, operating                 Exposure Draft of a Classified                        [OMB 3060–0979]
                                               permits proposed by state permitting                     Interpretation of Federal Financial
                                               authorities under title V of the CAA.                    Accounting Standards (SFFAS) 56:                      Information Collections Being
                                               Section 505(b)(2) of the CAA authorizes                  Classified Activities                                 Reviewed by the Federal
                                               any person to petition the EPA                                                                                 Communications Commission
                                                                                                        AGENCY: Federal Accounting Standards
                                               Administrator to object to a title V                     Advisory Board.                                       AGENCY: Federal Communications
                                               operating permit within 60 days after                    ACTION: Notice.                                       Commission.
                                               the expiration of the EPA’s 45-day                                                                             ACTION: Notice and request for
                                               review period if the EPA has not                            Pursuant to 31 U.S.C. 3511(d), the                 comments.
                                               objected on its own initiative. Petitions                Federal Advisory Committee Act (Pub.
                                               must be based only on objections to the                  L. 92–463), as amended, and the FASAB                 SUMMARY:    As part of its continuing effort
                                               permit that were raised with reasonable                  Rules Of Procedure, as amended in                     to reduce paperwork burdens, and as
                                               specificity during the public comment                    October 2010, notice is hereby given                  required by the Paperwork Reduction
                                               period provided by the state, unless the                 that the Federal Accounting Standards                 Act of 1995 (PRA), the Federal
                                               petitioner demonstrates that it was                      Advisory Board (FASAB) has issued an                  Communications Commission (FCC or
                                               impracticable to raise these issues                      exposure draft of a classified                        Commission) invites the general public
                                               during the comment period or unless                      Interpretation of Federal Financial                   and other Federal agencies to take this
                                               the grounds for the issue arose after this               Accounting Standards (SFFAS) 56:                      opportunity to comment on the
                                               period.                                                  Classified Activities.                                following information collections.
                                                  The EPA received the Petition from                       Due to the classified nature of the                Comments are requested concerning:
                                               the Environmental Integrity Project,                     proposal, the exposure draft will only be             whether the proposed collection of
                                               Sierra Club, and Air Alliance Houston                    made available to those individuals who               information is necessary for the proper
                                               dated November 8, 2016, requesting that                  have been designated as having a need                 performance of the functions of the
                                               the EPA object to the issuance of                        to know and who hold the proper                       Commission, including whether the
                                               operating permit no. O1386, issued by                    clearances.                                           information shall have practical utility;
                                               TCEQ to Motiva’s Port Arthur Refinery                       Additionally, FASAB staff will hold                the accuracy of the Commission’s
                                               in Jefferson County, Texas. The Petition                 two classified reading sessions for those             burden estimate; ways to enhance the
                                               has six claims (1–6) that the proposed                   individuals without SIPR accounts to                  quality, utility, and clarity of the
                                               permit fails to require monitoring,                      review the exposure draft. Only those                 information collected; ways to minimize
                                               recordkeeping and reporting sufficient                   individuals who have been designated                  the burden of the collection of
                                               to assure compliance with various                        as having a need to know and hold the                 information on the respondents,
                                               emission limits and operational                          proper clearances will be allowed to                  including the use of automated
                                               requirements for units authorized by                     attend.                                               collection techniques or other forms of
                                               New Source Review (NSR) permits and                      —Session I: Wednesday July 18, 2018                   information technology; and ways to
                                               permits by rule (PBRs); one claim (7)                       9:30–11:30 a.m.                                    further reduce the information
                                               that the proposed permit’s incorporation                 —Session II: Wednesday August 1, 2018                 collection burden on small business
                                               by reference of permit by rule                              1:30–3:30 p.m.                                     concerns with fewer than 25 employees.
                                               requirements fails to assure compliance                     To request attendance at one of the                  The FCC may not conduct or sponsor
                                               with applicable requirements; and one                    reading sessions please contact Monica                a collection of information unless it
                                               claim (8) that the proposed permit fails                 Valentine at valentinem@fasab.gov by                  displays a currently valid Office of
                                               to identify monitoring, recordkeeping                    July 16, 2018 for Session I and July 27,              Management and Budget (OMB) control
                                               and reporting for emission units subject                 2018 for Session II. Please provide your              number. No person shall be subject to
                                               to NSPS and NESHAP federal rules.                        name, organization, and contact                       any penalty for failing to comply with
                                                  On May 31, 2018, the EPA                              information.                                          a collection of information subject to the
                                               Administrator issued an Order granting                      The Board requests comments on the                 PRA that does not display a valid OMB
                                               in part and denying in part the Petition.                exposure draft by August 13, 2018 and                 control number.
                                               The Order explains the basis for EPA’s                   encourages respondents to provide                     DATES: Written PRA comments should
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                                               decision.                                                responses to all of the questions raised              be submitted on or before September 17,
                                                  Sections 307(b) and 505(b)(2) of the                  and the reasons for their positions.                  2018. If you anticipate that you will be
                                               CAA provide that a petitioner may                        FOR FURTHER INFORMATION CONTACT: Ms.                  submitting comments, but find it
                                               request judicial review of those portions                Wendy M. Payne, Executive Director,                   difficult to do so within the period of
                                               of an order that deny issues in a                        441 G Street NW, Suite 1155,                          time allowed by this notice, you should
                                               petition. Any petition for review shall                  Washington, DC 20548, or call (202)                   advise the contact listed below as soon
                                               be filed in the United States Court of                   512–7350.                                             as possible.


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Document Created: 2018-07-17 01:39:02
Document Modified: 2018-07-17 01:39:02
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of final Order on Petition for objection to Clean Air Act title V operating permit.
ContactKyndall Cox, EPA Region 6, (214) 665- 8567, [email protected]
FR Citation83 FR 33220 

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