
[Federal Register Volume 84, Number 40 (Thursday, February 28, 2019)]
[Notices]
[Page 6780]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03544]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-R08-OAR-2019-0049; FRL-9989-84-Region 8]


Clean Air Act Operating Permit Program; Petition for Objection to 
State Operating Permit for Suncor Energy, Commerce City, Colorado

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final order on a petition to object to a state 
operating permit.

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SUMMARY: The EPA Administrator signed an order, dated December 20, 
2018, denying the petition dated April 17, 2018, submitted by the 
Colorado Latino Forum, Colorado People's Alliance, Cross Community 
Coalition, Elyria and Swansea Neighborhood Association, the Sierra 
Club, and Western Resource Advocates (Petitioners). The Petition 
requested that the EPA object to the Clean Air Act (CAA) title V 
operating permit no. 96OPAD120 (Permit) issued by the Colorado Air 
Pollution Control Division (the Division) of the Colorado Department of 
Public Health and Environment for the Suncor Energy (U.S.A.) Inc., 
(Suncor) Commerce City Refinery, Plants 1 and 3 (the Refinery) in Adams 
County, Colorado. The Order constitutes a final action of the Petition.

ADDRESSES: You may review copies of the final Order, the Petition, and 
other supporting information at the EPA Region 8 Office, 1595 Wynkoop 
Street, Denver, Colorado 80202-1129. The EPA requests that if at all 
possible, you contact the individual listed in the FOR FURTHER 
INFORMATION CONTACT section to view these documents. You may view the 
hard copies Monday through Friday, from 8:00 a.m. to 4:00 p.m., 
excluding federal holidays. The final Order and Petition are also 
available electronically at: https://www.epa.gov/title-v-operating-permits/title-v-petition-database.

FOR FURTHER INFORMATION CONTACT: Donald Law, Air Program, U.S. 
Environmental Protection Agency (EPA) Region 8, Mail Code 8P-AR, 1595 
Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-7015, 
law.donald@epa.gov.

SUPPLEMENTARY INFORMATION: The CAA affords the EPA a 45-day period to 
review and, as appropriate, the authority to object to, a title V 
operating permit proposed by state permitting authorities. Section 
505(b)(2) of the CAA and 40 CFR 70.8(d) authorize 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 the grounds for the issues 
arose after this period. Pursuant to sections 307(b) and 505(b)(2) of 
the CAA, a petition for judicial review of those portions of the Order 
that deny issues in the Petition may be filed in the United States 
Court of Appeals for the appropriate circuit within 60 days from the 
date this notice appears in the Federal Register.
    The EPA received a petition from the Petitioners dated April 17, 
2018, requesting that the EPA object to the issuance of the Permit to 
Suncor for the Refinery located in Commerce City, Colorado. The 
Petition alleges that the Permit fails to ensure compliance with 
applicable requirements under the CAA in that: (I) The Division cannot 
lawfully establish a federally enforceable hydrogen cyanide (HCN) 
emissions limit solely to abet Suncor in avoiding its Emergency 
Planning and Community Right-to-Know Act and Comprehensive 
Environmental Response, Compensation, and Liability Act obligations; 
(II) the Division set an unlawful and arbitrarily high HCN emissions 
limit; (IIa) the HCN limit is based on an arbitrary estimate, rather 
than actual emission data; (IIb) the Division has not demonstrated that 
the HCN limit is at least as stringent as federal requirements; (IIc) 
Suncor's HCN emissions limit does not protect public health; and (III) 
the HCN emissions limit lacks adequate provisions to assure compliance.
    On December 20, 2018, the Administrator issued an Order denying the 
Petition. The Order explains the EPA's basis for denying the petition.
    Sections 307(b) and 505(b)(2) of the CAA provide that a petitioner 
may ask for judicial review of those portions of an order that deny 
issues raised in a petition. Any petition for review shall be filed in 
the United States Court of Appeals for the appropriate circuit no later 
than April 29, 2019.

    Dated: February 22, 2019.
Douglas Benevento,
Regional Administrator, Region 8.
[FR Doc. 2019-03544 Filed 2-27-19; 8:45 am]
 BILLING CODE 6560-50-P


