[Federal Register Volume 83, Number 188 (Thursday, September 27, 2018)]
[Notices]
[Page 48817]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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, [email protected].

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


