83_FR_49005 83 FR 48817 - Clean Air Act Operating Permit Program; Petition for Objection to State Operating Permit for the Phillips 66 San Francisco Refinery

83 FR 48817 - Clean Air Act Operating Permit Program; Petition for Objection to State Operating Permit for the Phillips 66 San Francisco Refinery

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 188 (September 27, 2018)

Page Range48817-48817
FR Document2018-21085

The Environmental Protection Agency (EPA) Administrator signed an Order dated August 8, 2018, denying a Petition dated March 19, 2018, from Communities for a Better Environment, San Francisco Baykeeper, Center for Biological Diversity, Friends of the Earth, Stand.earth, and Sierra Club. The Petition requested that the EPA object to a Clean Air Act (CAA) title V operating permit issued by the Bay Area Air Quality Management District (BAAQMD or the District) to Facility No. A0016, the Phillips 66 San Francisco Refinery (Phillips 66 or the facility), located in Contra Costa County, California.

Federal Register, Volume 83 Issue 188 (Thursday, September 27, 2018) 
[Federal Register Volume 83, Number 188 (Thursday, September 27, 2018)]
[Notices]
[Page 48817]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-21085]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9984-26--Region 9]


Clean Air Act Operating Permit Program; Petition for Objection to 
State Operating Permit for the Phillips 66 San Francisco Refinery

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 August 8, 2018, denying a Petition dated March 19, 2018, 
from Communities for a Better Environment, San Francisco Baykeeper, 
Center for Biological Diversity, Friends of the Earth, Stand.earth, and 
Sierra Club. The Petition requested that the EPA object to a Clean Air 
Act (CAA) title V operating permit issued by the Bay Area Air Quality 
Management District (BAAQMD or the District) to Facility No. A0016, the 
Phillips 66 San Francisco Refinery (Phillips 66 or the facility), 
located in Contra Costa County, California.

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 IX Office, 75 Hawthorne Street, San 
Francisco, California 94105. 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: Shaheerah Kelly, EPA Region IX, (415) 
947-4156, kelly.shaheerah@epa.gov.

SUPPLEMENTARY INFORMATION: The CAA affords the 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 such 
objections during the comment period or unless the grounds for such 
objections arose after this period.
    The EPA received the Petition from Communities for a Better 
Environment, San Francisco Baykeeper, Center for Biological Diversity, 
Friends of the Earth, Stand.earth, and Sierra Club dated March 19, 
2018, requesting that the EPA object to the issuance of operating 
permit for Facility No. A0016, issued by the BAAQMD to Phillips 66 in 
Contra Costa County, California. The Petition raised various claims 
centered around the allegation that the District improperly and 
unlawfully issued a title V permit renewal because it included an 
approval of permitted capacity increases for two hydrocracking emission 
units without providing adequate notice to the public and without a 
legal or factual basis for the approval.
    On August 8, 2018, the EPA Administrator issued an Order denying 
the Petition. The Order explains the basis for the 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 November 26, 2018.

    Dated: September 6, 2018.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2018-21085 Filed 9-26-18; 8:45 am]
 BILLING CODE 6560-50-P

Federal Register / Vol. 83, No. 188 / Thursday, September 27, 2018 / Notices 48817 with the revised federal criteria. The SIR currently identified in the OMB authorizes any person to petition the does not require the use of a particular Inventory of Approved ICR Burdens. EPA Administrator to object to a title V application form. Section 239.3 of the operating permit within 60 days after Courtney Kerwin, SIR, however, requires that all state the expiration of the EPA’s 45-day Director, Regulatory Support Division. applications contain the following five review period if the EPA has not components: [FR Doc. 2018–20635 Filed 9–26–18; 8:45 am] objected on its own initiative. Petitions (1) A transmittal letter requesting BILLING CODE 6560–50–P must be based only on objections to the permit program approval. permit that were raised with reasonable specificity during the public comment (2) A narrative description of the state ENVIRONMENTAL PROTECTION period provided by the state, unless the permit program, including a AGENCY petitioner demonstrates that it was demonstration that the state’s standards [FRL–9984–26—Region 9] impracticable to raise such objections for non-municipal, non-hazardous waste during the comment period or unless disposal units that receive CESQG Clean Air Act Operating Permit the grounds for such objections arose hazardous waste are technically Program; Petition for Objection to after this period. comparable to the Part 257, Subpart B State Operating Permit for the Phillips The EPA received the Petition from criteria and/or that its MSWLF 66 San Francisco Refinery Communities for a Better Environment, standards are technically comparable to San Francisco Baykeeper, Center for the Part 258 criteria. AGENCY: Environmental Protection Agency (EPA). Biological Diversity, Friends of the (3) A legal certification demonstrating Earth, Stand.earth, and Sierra Club ACTION: Notice of final Order on Petition that the state has the authority to carry dated March 19, 2018, requesting that for objection to Clean Air Act title V out the program. the EPA object to the issuance of operating permit. (4) Copies of state laws, regulations, operating permit for Facility No. A0016, and guidance that the state believes SUMMARY: The Environmental Protection issued by the BAAQMD to Phillips 66 demonstrate program adequacy. Agency (EPA) Administrator signed an in Contra Costa County, California. The Order dated August 8, 2018, denying a Petition raised various claims centered (5) Copies of relevant state-tribal Petition dated March 19, 2018, from around the allegation that the District agreements if the state has negotiated Communities for a Better Environment, improperly and unlawfully issued a title with a tribe for the implementation of a San Francisco Baykeeper, Center for V permit renewal because it included an permit program for non-municipal, non- Biological Diversity, Friends of the approval of permitted capacity increases hazardous waste disposal units that Earth, Stand.earth, and Sierra Club. The for two hydrocracking emission units receive CESQG hazardous waste and/or Petition requested that the EPA object to without providing adequate notice to MSWLFs on tribal lands. a Clean Air Act (CAA) title V operating the public and without a legal or factual The EPA Administrator has delegated permit issued by the Bay Area Air basis for the approval. the authority to make determinations of Quality Management District (BAAQMD On August 8, 2018, the EPA adequacy, as contained in the statute, to or the District) to Facility No. A0016, Administrator issued an Order denying the EPA Regional Administrator. The the Phillips 66 San Francisco Refinery the Petition. The Order explains the appropriate EPA Regional Office, (Phillips 66 or the facility), located in basis for the EPA’s decision. therefore, will use the information Contra Costa County, California. Sections 307(b) and 505(b)(2) of the provided by each state to determine ADDRESSES: The EPA requests that you CAA provide that a petitioner may whether the state’s permit program contact the individual listed in the FOR request judicial review of those portions satisfies the statutory test reflected in FURTHER INFORMATION CONTACT section to of an order that deny issues in a the requirements of 40 CFR part 239. In view copies of the final Order, the petition. Any petition for review shall all cases, the information will be Petition, and other supporting be filed in the United States Court of analyzed to determine the adequacy of information. You may review copies of Appeals for the appropriate circuit no the state’s permit program for ensuring the final Order, the Petition, and other later than November 26, 2018. compliance with the federal revised supporting information at the EPA Dated: September 6, 2018. criteria. Region IX Office, 75 Hawthorne Street, Deborah Jordan, Form Numbers: None. San Francisco, California 94105. You Acting Regional Administrator, Region IX. Respondents/affected entities: State, may view the hard copies Monday [FR Doc. 2018–21085 Filed 9–26–18; 8:45 am] Local, or Tribal Governments. through Friday, from 9 a.m. to 3 p.m., BILLING CODE 6560–50–P excluding federal holidays. If you wish Respondent’s obligation to respond: to examine these documents, you Mandatory under Section 4005(c) of should make an appointment at least 24 RCRA. DEPARTMENT OF HEALTH AND hours before the visiting day. HUMAN SERVICES Estimated number of respondents: 12. Additionally, the final Order and Frequency of response: On occasion. Petition are available electronically at: Centers for Disease Control and https://www.epa.gov/title-v-operating- Prevention Total estimated burden: 968 hours permits/title-v-petition-database. (per year). Burden is defined at 5 CFR Clinical Laboratory Improvement FOR FURTHER INFORMATION CONTACT: 1320.03(b). Advisory Committee (CLIAC); Meeting Shaheerah Kelly, EPA Region IX, (415) daltland on DSKBBV9HB2PROD with NOTICES Total estimated cost: $57,872 (per 947–4156, kelly.shaheerah@epa.gov. year), which includes $57,872 for AGENCY: Centers for Disease Control and SUPPLEMENTARY INFORMATION: The CAA Prevention (CDC), Department of Health annual labor and $0 for annualized affords the EPA a 45-day period to capital or operation & maintenance and Human Services (HHS). review and object to, as appropriate, ACTION: Notice of meeting. costs. operating permits proposed by state Changes in the Estimates: There is no permitting authorities under title V of SUMMARY: In accordance with the change in the total estimated burden the CAA. Section 505(b)(2) of the CAA Federal Advisory Committee Act, the VerDate Sep<11>2014 17:20 Sep 26, 2018 Jkt 244001 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\27SEN1.SGM 27SEN1


Document Created: 2018-09-27 01:04:29
Document Modified: 2018-09-27 01:04:29
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.
ContactShaheerah Kelly, EPA Region IX, (415) 947-4156, [email protected]
FR Citation83 FR 48817 
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