[Federal Register Volume 83, Number 57 (Friday, March 23, 2018)]
[Notices]
[Page 12753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05970]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9975-26--Region 6]


Clean Air Act Operating Permit Program; Petitions for Objection 
to State Operating Permit for ExxonMobil Corporation, ExxonMobil 
Baytown Olefins Plant, Harris County, Texas

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 March 1, 2018, denying a Petition dated August 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 ExxonMobil Corporation (ExxonMobil) for 
its Baytown Olefins Plant located in Harris 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 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: Aimee Wilson, EPA Region 6, (214) 665-
7596, [email protected].

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 August 8, 2016, 
requesting that the EPA object to the issuance of operating permit no. 
O1553, issued by TCEQ to ExxonMobil Baytown Olefins Plant in Harris 
County, Texas. The Petition claims that: (1) TCEQ did not have the 
authority to create a federally-enforceable PAL permit at the time PAL6 
was issued, (2) the PAL6 permit is not federally enforceable because of 
alleged defects with how TCEQ calculated the facility's baseline 
emissions, and (3) PAL6 does not establish a PAL for PM2.5.
    On March 1, 2018, the EPA Administrator issued an Order denying 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 May 22, 2018.

    Dated: March 16, 2018.
Anne Idsal,
Regional Administrator, Region 6.
[FR Doc. 2018-05970 Filed 3-22-18; 8:45 am]
 BILLING CODE 6560-50-P


