83_FR_4675 83 FR 4653 - Clean Air Act Operating Permit Program; Petitions for Objection to Proposed Permits for Linn Operating, Inc.-Fairfield Lease and Ethyl D Lease, San Joaquin Valley Unified Air Pollution Control District

83 FR 4653 - Clean Air Act Operating Permit Program; Petitions for Objection to Proposed Permits for Linn Operating, Inc.-Fairfield Lease and Ethyl D Lease, San Joaquin Valley Unified Air Pollution Control District

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 22 (February 1, 2018)

Page Range4653-4653
FR Document2018-02049

This document announces that the Environmental Protection Agency (EPA) Administrator has responded to two citizen petitions asking the EPA to object to the proposed issuance of two Authority to Construct/Certificate of Conformity documents (Permits) issued by the San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD). Specifically, the Administrator has denied the June 24, 2015 petitions (Petitions) submitted by the Climate Change Law Foundation to object to SJVUAPCD's proposed issuance of the Permits for the Linn Operating, Inc.--Fairfield and Ethyl D Leases located in Kern County, California.

Federal Register, Volume 83 Issue 22 (Thursday, February 1, 2018)
[Federal Register Volume 83, Number 22 (Thursday, February 1, 2018)]
[Notices]
[Page 4653]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-02049]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9973-33--Region 9]


Clean Air Act Operating Permit Program; Petitions for Objection 
to Proposed Permits for Linn Operating, Inc.--Fairfield Lease and Ethyl 
D Lease, San Joaquin Valley Unified Air Pollution Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final Order on petitions to object to air permit.

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SUMMARY: This document announces that the Environmental Protection 
Agency (EPA) Administrator has responded to two citizen petitions 
asking the EPA to object to the proposed issuance of two Authority to 
Construct/Certificate of Conformity documents (Permits) issued by the 
San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD). 
Specifically, the Administrator has denied the June 24, 2015 petitions 
(Petitions) submitted by the Climate Change Law Foundation to object to 
SJVUAPCD's proposed issuance of the Permits for the Linn Operating, 
Inc.--Fairfield and Ethyl D Leases located in Kern County, California.

ADDRESSES: You may review copies of the final Order, the Petitions, and 
other supporting information at U.S. Environmental Protection Agency 
Region IX, 75 Hawthorne Street, San Francisco, CA 94105-3901.
    The EPA requests that 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 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 is available electronically at: https://www.epa.gov/sites/production/files/2017-10/documents/linn_fairfield_and_ethyl_order_10-6-17.pdf.

FOR FURTHER INFORMATION CONTACT: Laura Yannayon, EPA Region IX, (415) 
972-3534, [email protected].

SUPPLEMENTARY INFORMATION: SJVUAPCD Rule 2201 affords the EPA a 45-day 
period to review and object to, as appropriate, a proposed permit. Rule 
2201 Sec.  5.9.1. If the EPA does not object, Rule 2201 allows any 
person to petition the EPA, within 60 days, to object to the proposed 
permit. Petitions must be based only on objections to the permit that 
were raised with reasonable specificity during the public comment 
period, unless the petitioner demonstrates that it was impracticable to 
raise these issues during the comment period, or the grounds for the 
issue arose after this period.
    The EPA received the Petitions dated June 24, 2015, requesting that 
the EPA object to the proposed issuance of the Permits to Linn 
Operating, Inc. for the addition of three new gas-fired steam 
generators on its Fairfield lease, and one new gas-fired steam 
generator on its Ethyl D lease, both located in Kern County, 
California. The substantive claims raised in the two Petitions were 
essentially identical. Therefore, the EPA responded to both Petitions 
in a single order. In summary, the Petitions claimed that certain 
emission reductions had not been included in an EPA-approved attainment 
plan and thus could not be used, and that certain emission reduction 
credits used in the permitting process were invalid.
    On October 6, 2017, the Administrator issued an order denying the 
Petitions. The EPA's rationale for denying the claims raised in the 
petitions are described in the Order.

    Dated: January 16, 2018.
Alexis Strauss,
Acting Regional Administrator, Region IX.
[FR Doc. 2018-02049 Filed 1-31-18; 8:45 am]
 BILLING CODE 6560-50-P



                                                                             Federal Register / Vol. 83, No. 22 / Thursday, February 1, 2018 / Notices                                                 4653

                                                which were packaged, labeled, and                       ADDRESSES:   You may review copies of                   Dated: January 16, 2018.
                                                released for shipment prior to the                      the final Order, the Petitions, and other             Alexis Strauss,
                                                effective date of the action. The existing              supporting information at U.S.                        Acting Regional Administrator, Region IX.
                                                stocks provision for the products subject               Environmental Protection Agency                       [FR Doc. 2018–02049 Filed 1–31–18; 8:45 am]
                                                to this order is as follows.                            Region IX, 75 Hawthorne Street, San                   BILLING CODE 6560–50–P
                                                   The registrant may continue to sell                  Francisco, CA 94105–3901.
                                                and distribute existing stocks of
                                                products listed in Table 1 until February                  The EPA requests that you contact the
                                                                                                        individual listed in the FOR FURTHER                  ENVIRONMENTAL PROTECTION
                                                1, 2019, which is 1 year after                                                                                AGENCY
                                                publication of this termination order in                INFORMATION CONTACT section to view
                                                the Federal Register. Thereafter, the                   copies of the final Order, Petitions, and             [FRL–9973–34—Region 2]
                                                registrant is prohibited from selling or                other supporting information. You may
                                                distributing products listed in Table 1 of              view the hard copies Monday through                   Proposed CERCLA Cost Recovery
                                                Unit III. that contains directions for use              Friday, from 9 a.m. to 3 p.m., excluding              Settlement for the Facet Enterprises,
                                                on the deleted uses, except for export in               Federal holidays. If you wish to                      Inc. Superfund Site, Elmira Heights,
                                                accordance with FIFRA section 17 or for                 examine these documents, you should                   Chemung County, New York
                                                proper disposal.                                        make an appointment at least 24 hours
                                                   Persons other than the registrant may                                                                      AGENCY: Environmental Protection
                                                                                                        before the visiting day. Additionally, the
                                                sell, distribute, or use existing stocks of                                                                   Agency.
                                                                                                        final Order is available electronically at:
                                                products listed in Table 1 of Unit III                  https://www.epa.gov/sites/production/                 ACTION: Notice; request for public
                                                until supplies are exhausted, provided                  files/2017-10/documents/linn_fairfield_               comment.
                                                that such sale, distribution, or use is                 and_ethyl_order_10-6-17.pdf.                          SUMMARY:    In accordance with the
                                                consistent with the terms of the
                                                                                                        FOR FURTHER INFORMATION CONTACT:                      Comprehensive Environmental
                                                previously approved labeling on, or that
                                                                                                        Laura Yannayon, EPA Region IX, (415)                  Response, Compensation, and Liability
                                                accompanied, the deleted uses.
                                                                                                        972–3534, yannayon.laura@epa.gov.                     Act of 1980, as amended (‘‘CERCLA’’),
                                                   Authority: 7 U.S.C. 136 et. seq.                                                                           notice is hereby given by the U.S.
                                                  Dated: January 10, 2018.                              SUPPLEMENTARY INFORMATION:                            Environmental Protection Agency
                                                Yu-Ting Guilaran,                                       SJVUAPCD Rule 2201 affords the EPA a                  (‘‘EPA’’), Region 2, of a proposed cost
                                                Director, Pesticide Re-evaluation Division,             45-day period to review and object to,                recovery settlement agreement pursuant
                                                Office of Pesticide Programs.                           as appropriate, a proposed permit. Rule               to CERCLA, with Motor Components,
                                                [FR Doc. 2018–02027 Filed 1–31–18; 8:45 am]             2201 § 5.9.1. If the EPA does not object,             LLC (‘‘Motor Components’’) and
                                                BILLING CODE 6560–50–P
                                                                                                        Rule 2201 allows any person to petition               Honeywell International, Inc.
                                                                                                        the EPA, within 60 days, to object to the             (‘‘Honeywell’’) (collectively, ‘‘Settling
                                                                                                        proposed permit. Petitions must be                    Parties’’) for the Facet Enterprises, Inc.
                                                ENVIRONMENTAL PROTECTION                                based only on objections to the permit                Superfund Site (‘‘Site’’), located in
                                                AGENCY                                                  that were raised with reasonable                      Elmira Heights, Chemung County, New
                                                                                                        specificity during the public comment                 York.
                                                [FRL–9973–33—Region 9]
                                                                                                        period, unless the petitioner                         DATES: Comments must be submitted on
                                                Clean Air Act Operating Permit                          demonstrates that it was impracticable                or before March 5, 2018.
                                                Program; Petitions for Objection to                     to raise these issues during the comment              ADDRESSES: The proposed settlement is
                                                Proposed Permits for Linn Operating,                    period, or the grounds for the issue                  available for public inspection at EPA
                                                Inc.—Fairfield Lease and Ethyl D                        arose after this period.                              Region 2 offices at 290 Broadway, New
                                                Lease, San Joaquin Valley Unified Air                      The EPA received the Petitions dated               York, New York 10007–1866. Comments
                                                Pollution Control District                              June 24, 2015, requesting that the EPA                should reference the Facet Enterprises,
                                                                                                        object to the proposed issuance of the                Inc. Superfund Site, Elmira Heights,
                                                AGENCY:  Environmental Protection                                                                             Chemung County, New York, Index No.
                                                Agency (EPA).                                           Permits to Linn Operating, Inc. for the
                                                                                                                                                              II–CERCLA–02–2017–2037. To request a
                                                ACTION: Notice of final Order on                        addition of three new gas-fired steam
                                                                                                                                                              copy of the proposed settlement
                                                petitions to object to air permit.                      generators on its Fairfield lease, and one
                                                                                                                                                              agreement, please contact the EPA
                                                                                                        new gas-fired steam generator on its                  employee identified below.
                                                SUMMARY:   This document announces                      Ethyl D lease, both located in Kern
                                                that the Environmental Protection                                                                             FOR FURTHER INFORMATION CONTACT:
                                                                                                        County, California. The substantive
                                                Agency (EPA) Administrator has                                                                                Lauren Charney, Attorney, Office of
                                                                                                        claims raised in the two Petitions were
                                                responded to two citizen petitions                                                                            Regional Counsel, New York/Caribbean
                                                                                                        essentially identical. Therefore, the EPA
                                                asking the EPA to object to the proposed                                                                      Superfund Branch, U.S. Environmental
                                                                                                        responded to both Petitions in a single               Protection Agency, 290 Broadway, 17th
                                                issuance of two Authority to Construct/                 order. In summary, the Petitions
                                                Certificate of Conformity documents                                                                           Floor, New York, NY 10007–1866.
                                                                                                        claimed that certain emission                         email: charney.lauren@epa.gov.
                                                (Permits) issued by the San Joaquin                     reductions had not been included in an
                                                Valley Unified Air Pollution Control                                                                          Telephone: 212–637–3181.
                                                                                                        EPA-approved attainment plan and thus
                                                District (SJVUAPCD). Specifically, the                                                                        SUPPLEMENTARY INFORMATION: The
                                                                                                        could not be used, and that certain
                                                Administrator has denied the June 24,                                                                         Settling Parties agree to reimburse EPA
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                        emission reduction credits used in the
                                                2015 petitions (Petitions) submitted by                                                                       for past response costs paid at or in
                                                the Climate Change Law Foundation to                    permitting process were invalid.                      connection with the Site as set forth: (a)
                                                object to SJVUAPCD’s proposed                              On October 6, 2017, the Administrator              Within 30 days of the effective date,
                                                issuance of the Permits for the Linn                    issued an order denying the Petitions.                Honeywell shall pay $550,000, plus
                                                Operating, Inc.—Fairfield and Ethyl D                   The EPA’s rationale for denying the                   interest accrued, and (b) Motor
                                                Leases located in Kern County,                          claims raised in the petitions are                    Components shall pay $1,300,000, plus
                                                California.                                             described in the Order.                               accrued interest in up to four


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Document Created: 2018-10-26 13:48:41
Document Modified: 2018-10-26 13:48:41
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 petitions to object to air permit.
ContactLaura Yannayon, EPA Region IX, (415) 972-3534, [email protected]
FR Citation83 FR 4653 

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