[Federal Register Volume 70, Number 142 (Tuesday, July 26, 2005)]
[Notices]
[Page 43144]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-14735]



[[Page 43144]]

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ENVIRONMENTAL PROTECTION AGENCY

[Docket No. [FRL-7943-7]


Clean Air Act Operating Permit Program; Petition for Objection to 
State Operating Permits ExxonMobil Refining and Supply Company 
(ExxonMobil)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final order on petition to object to State operating 
permits.

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SUMMARY: The EPA Administrator signed an order, dated June 29, 2005, 
denying a petition to object to State operating permits issued by the 
Louisiana Department of Environmental Quality (LDEQ) for the Clean Air 
Commitment Project of ExxonMobil. The project consists of one 
Prevention of Significant Deterioration permit and ten title V permits 
affecting multiple fuel processing units at the ExxonMobil facilities 
located at the Baton Rouge Refinery in East Baton Rouge Parish and the 
Anchorage tank farm in West Baton Rouge Parish. Pursuant to section 
505(b)(2) of the Clean Air Act (Act), the petitioners may seek judicial 
review of this petition response in the United States Court of Appeals 
for the Fifth Circuit. Any petition must be filed within 60 days of the 
date this notice appears in the Federal Register, pursuant to seciton 
307(d) of the Act.

ADDRESSES: You may review copies of the final order, the petition, and 
other supporting information at EPA Region 6, 1445 Ross Avenue, Dallas, 
Texas 75202-2733. If you wish to examine these documents, you should 
make an appointment at least 24 hours before visiting day. The final 
order is also available electronically at the following address: http://www.epa.gov/region07/programs/artd/air/title5/petitiondb/petitiondb2002.htm.

FOR FURTHER INFORMATION CONTACT: Ms. Mary Stantion, Air Permits 
Section, Multimedia Planning and Permitting Division, EPA Region 6, 
1445 Ross Avenue, Dallas, Texas 75202-2733, telephone (214) 665-8377, 
or e-mail at [email protected].

SUPPLEMENTARY INFORMATION: The Act affords EPA a 45-day period to 
review and, as appropriate, object to operating permits proposed by 
State permitting authorities under title V of the Act, 42 U.S.C. 7661-
7661f. Section 505(b)(2) of the Act authorizes any person to petition 
the EPA Administrator within 60 days after the expiration of this 
review period to object to State operating permits if EPA has not 
objected on its won 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.
    The Louisiana Environmental Action Network and Ms. Stephanie 
Anthony submitted a petition requesting that the Administrator object 
to the title V operating permits issued by LDEQ to ExxonMobil for 
modifications affecting multiple fuel processing units at the 
ExxonMobil facilities located at the Baton Rouge Refinery in East Baton 
Rouge Parish and the Anchorage tank farm in West Baton Rouge Parish. 
The petition maintains that the permits are inconsistent with the Act 
because:
    1. The permits allow ExxonMobil to evade Nonattainment New Source 
Review (NNSR) requirements by using ``paper reductions'' to claim 
emission reduction credits;
    2. The permits unlawfully expand the contemporaneous netting window 
by reaching more than four years into the past for emission reductions 
to offset future increases of nitrogen oxides (NOX) and 
volatile organic compounds (VOCs) and thereby avoid NNSR;
    3. The permits allow the use of speculative future reductions from 
an unbuilt project to unlawfully net out of NNSR for (NOX);
    4. The permits rely on invalid credits from the closure of tanks at 
ExxonMobil's Maryland Tank Farm to offset increased VOC emissions;
    5. The permits violate New Source Review requirements by relying on 
an invalid emission reduction credit banking system; and
    6. The LDEQ improperly denied a request for a public hearing.
    On June 29, 2005, the Administrator issued an order denying the 
petition. The order explains the reasons for the Administrator's 
decision that the petition does not demonstrate that the permits are 
not in compliance with the Act.

    Dated: July 14, 2005.
Richard E. Greene,
Regional Administrator, Region 6.
[FR Doc. 05-14735 Filed 7-25-05; 8:45 am]
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