[Federal Register Volume 83, Number 103 (Tuesday, May 29, 2018)]
[Notices]
[Page 24470]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11457]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9976-72--Region 6]


Clean Air Act Operating Permit Program; Petitions for Objection 
to State Operating Permit for ExxonMobil Corporation, ExxonMobil 
Baytown Refinery, 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 April 2, 2018, granting in part and denying in part a 
Petition dated September 26, 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 Refinery 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 September 26, 
2016, requesting that the EPA object to the issuance of operating 
permit no. O1229, issued by TCEQ to ExxonMobil Baytown Refinery in 
Harris County, Texas. The Petition claims that: (1) The proposed permit 
incorporates confidential applicable requirements, (2) TCEQ did not 
have the authority to create a federally-enforceable PAL permit at the 
time PAL7 was issued, (3) the proposed permit fails to require 
ExxonMobil to obtain a SIP-compliant authorization for their flexible 
permit, (4) the proposed permits' incorporation by reference of minor 
NSR authorizations fails to assure compliance, (5) the proposed permit 
fails to require monitoring, recordkeeping, and reporting sufficient to 
assure compliance with applicable requirements, and (6) the proposed 
permit fails to require monitoring that assures compliance with 
emission limits and caps for tanks and wastewater treatment plants.
    On April 2, 2018, the EPA Administrator issued an Order granting in 
part and denying in part 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 July 30, 2018.

    Dated: May 17, 2018.
David Gray,
Acting Deputy Regional Administrator, Region 6.
[FR Doc. 2018-11457 Filed 5-25-18; 8:45 am]
 BILLING CODE 6560-50-P


