
[Federal Register Volume 79, Number 9 (Tuesday, January 14, 2014)]
[Notices]
[Page 2442]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-00563]



[[Page 2442]]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9905-40-Region 10]


Notice of Termination of Clean Air Act Outer Continental Shelf 
Permits Issued to Shell for the Discoverer Drill Ship and the Kulluk 
Conical Drilling Unit

AGENCY: Environmental Protection Agency (EPA) Region 10.

ACTION: Notice of final action.

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SUMMARY: This notice announces that the Environmental Protection Agency 
(EPA) Region 10 has terminated the Clean Air Act Outer Continental 
Shelf (OCS) Prevention of Significant Deterioration (PSD) permit for 
the Discoverer drill ship and the OCS permit to construct and Title V 
air quality operating permit for the Kulluk conical drilling rig.

DATES: EPA Region 10 terminated the OCS air permits for the Discoverer 
drill ship and the Kulluk drilling unit on December 26, 2013. The 
terminations of the two permits were effective on that date. Pursuant 
to section 307(b)(1) of the Clean Air Act, 42 U.S.C. 7607(b)(1), 
judicial review of these permit terminations, to the extent it is 
available, may be sought by filing a petition for review in the United 
States Court of Appeals for the Ninth Circuit by March 17, 2014.

ADDRESSES: The documents relevant to the above-referenced permit 
terminations are available for public inspection during normal business 
hours at the following address: U.S. Environmental Protection Agency, 
Region 10, 1200 Sixth Avenue, Suite 900, Seattle, WA 98101. To arrange 
for viewing of these documents, call David Bray at (206) 553-4253.

FOR FURTHER INFORMATION CONTACT: David Bray, Office of Air Waste and 
Toxics, U.S. Environmental Protection Agency, Region 10, 1200 6th 
Avenue, Suite 900, Seattle, WA 98101.

NOTICE OF FINAL ACTION AND SUPPLEMENTARY INFORMATION: In September and 
October 2011, the EPA Region 10 issued Clean Air Act Outer Continental 
Shelf (OCS) permits to Shell to conduct exploratory drilling in the 
Chukchi and Beaufort Seas on the Arctic OCS. The EPA issued these OCS 
air permits to the Discoverer drill ship for both the Chukchi Sea and 
the Beaufort Sea and to the Kulluk Conical drilling unit for the 
Beaufort Sea.
    In December 2011, while the three OCS air permits were subject to 
administrative petitions before the EPA's Environmental Appeals Board, 
the President signed legislation that transferred the authority for 
regulating air emissions on the Arctic OCS from the EPA to the U.S. 
Department of Interior (DOI). Transition language in the law provided 
that the transfer of authority from EPA to DOI did not invalidate the 
pending Shell permits.
    The Discoverer permits became effective in January 2012 and the 
Kulluk permit became effective in April 2012. Shell used the Discoverer 
Chukchi Sea and Kulluk Beaufort Sea OCS air permits in the 2012 
drilling season to drill ``top hole'' wells in both Seas. Shell did not 
use the Discoverer Beaufort Sea OCS air permit in 2012.
    In a letter dated November 6, 2013, Shell requested that the EPA 
terminate the Discoverer Chukchi Sea and the Kulluk Beaufort Sea OCS 
air permits so that Shell can seek air regulatory authorization from 
the DOI Bureau of Ocean Energy Management. Shell asserts that 
termination of the EPA OCS air permits is consistent with the 2011 
Congressional transfer of authority for air quality management in the 
Arctic OCS from EPA to DOI. In the letter, Shell also explained that 
the Discoverer was never constructed in the Beaufort Sea within the 18-
month period required by the permit and, as a result, the Shell 
Discoverer Beaufort OCS air permit expired in July 2013.
    In a letter dated December 26, 2013, the EPA terminated, effective 
immediately, the OCS air permits for the Discoverer (Chukchi Sea) and 
the Kulluk (Beaufort Sea), thereby completing the transfer of authority 
for air quality management in the Arctic OCS to DOI.

    Dated: December 26, 2013.
Kate Kelly,
Director, Office of Air, Waste and Toxics.
[FR Doc. 2014-00563 Filed 1-13-14; 8:45 am]
BILLING CODE 6560-50-P


