[Federal Register Volume 73, Number 67 (Monday, April 7, 2008)]
[Notices]
[Pages 18793-18794]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-7211]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8552-2]


Clean Air Act Operating Permit Program; Petition for Objection to 
State Operating Permit for Kerr-McGee Gathering, LLC--Frederick 
Compressor Station

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final action.

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SUMMARY: This document announces that the EPA Administrator has 
responded to a citizen petition asking EPA to object to an operating 
permit issued by the Colorado Department of Public Health and 
Environment (CDPHE). Specifically, the Administrator has granted the 
January 3, 2007 petition, submitted by Rocky Mountain Clean Air Action 
(Petitioner), to object to January 1, 2007 operating permit issued to 
Kerr-McGee Gathering to operate the Frederick Natural Gas Compressor 
Station (Kerr-McGee-Frederick Station).
    Pursuant to section 505(b)(2) of the Clean Air Act (Act), 
Petitioners may seek judicial review of those portions of the 
petitions, which EPA denied in the United States Court of Appeals for 
the appropriate circuit. Any petition for review shall be filed within 
60 days from the date this notice appears in the Federal Register, 
pursuant to section 307 of the Act.

ADDRESSES: You may review copies of the final Order, the petition, and 
other supporting information at the EPA Region 8, 1595 Wynkoop Street, 
Denver, Colorado 80202-1129.
    EPA requests that if at all possible, you contact the individual 
listed in the FOR FURTHER INFORMATION CONTACT section to view the 
copies of the final order, the petition, and other supporting 
information. You may view the hard copies Monday through Friday, 8 a.m. 
to 4 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 for Kerr-McGee-Frederick 
Station is available electronically at: http://www.epa.gov/region7/programs/artd/air/title5/petitiondb/petitions/kerrmcgee_frederick_decision2007.pdf.

[[Page 18794]]


FOR FURTHER INFORMATION CONTACT: Donald Law, Office of Partnerships and 
Regulatory Assistance, EPA, Region 8, 1595 Wynkoop Street, Denver, 
Colorado 80202-1129, (303) 312-7015, [email protected].

SUPPLEMENTARY INFORMATION: The Act affords EPA a 45-day period to 
review, and object to as appropriate, a Title V operating permits 
proposed by State permitting authorities. 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 a Title V 
operating permit if EPA has not done so. 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 issue 
arose after this period.
    The EPA received a petition from Rocky Mountain Clean Air Action 
dated January 3, 2007, requesting that EPA object to the issuance of 
the Title V operating permit to Kerr-McGee Gathering, LLC for the 
operation of the Frederick Natural Gas Compressor Station for the 
following reasons: (I) The Title V permit failed to assure compliance 
with PSD requirements because CDPHE failed to consider whether 
emissions from adjacent and interrelated pollutant emitting activities 
triggered PSD review, specifically Kerr-McGee owned natural gas wells 
that supply gas to the Frederick Station; (II) in light of CDPHE's 
failure to consider PSD compliance, it is likely that the Title V 
permit must include a compliance schedule; (III) CDPHE failed to 
respond to significant comments submitted by the Petitioner during the 
Title V public comment period; and (IV) CDPHE failed to consider 
adjacent and interrelated pollutant emitting activities in defining the 
``source'' subject to Title V.
    On February 7, 2008, the Administrator issued an order granting the 
petition. The order explains the reasons behind EPA's conclusion to 
grant the petition for objection.

    Dated: March 27, 2008.
Stephen S. Tuber,
Acting Deputy Regional Administrator, Region 8.
 [FR Doc. E8-7211 Filed 4-4-08; 8:45 am]
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