[Federal Register Volume 74, Number 113 (Monday, June 15, 2009)]
[Notices]
[Pages 28242-28243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-14008]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8918-7]


Clean Air Act Operating Permit Program; Petition for Objection to 
Federal Operating Permit for The Premcor Refining Group, Inc.

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 the Premcor 
Refining

[[Page 28243]]

Group Inc., (Premcor) title V operating permit issued by the Texas 
Commission on Environmental Quality (TCEQ). Specifically, the 
Administrator has partially granted and partially denied the petition 
submitted by Environmental Integrity Project, the Community In-Power 
Development Association, Inc., Public Citizen's Texas Office, and the 
Refinery Reform Campaign (Petitioners), to object to the permit for 
Premcor to operate its refinery in Port Arthur, Texas.
    Pursuant to section 505(b)(2) of the Clean Air Act (Act), the 
petitioner may seek judicial review of those portions of the petition 
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 EPA Region 6, 1445 Ross Avenue, Dallas, 
Texas 75202-2733. EPA requests that if at all possible, you contact the 
individual listed in the FOR FURTHER INFORMATION CONTACT section to 
view copies of the final order, petition, and other supporting 
information. 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: http://www.epa.gov/region07/programs/artd/air/title5/petitiondb/petitions/premcor_portarthur_response2007.pdf.

FOR FURTHER INFORMATION CONTACT: Bonnie Braganza, Air Permits Section, 
Multimedia Planning and Permitting Division, EPA Region 6, 1445 Ross 
Avenue, Dallas, Texas 75202-2733, telephone (214) 665-7340, 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. 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 title V operating permits 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 issues arose after this period.
    On February 16, 2007, EPA received a petition from the Petitioners 
requesting that EPA object to the issuance of the title V operating 
permit to Premcor for the operation of its refinery in Port Arthur, 
Texas. First, the petitioners claim that the proposed permit lacks 
monitoring, recordkeeping, and reporting sufficient to assure 
compliance with all emission limitations and other substantive Clean 
Air Act requirements. Specifically the petitioners cite numerous 
monitoring, recordkeeping, and reporting deficiencies in the underlying 
permits and permits by rule that are incorporated by reference into the 
title V permit.
    Second, the petitioners claim that the extensive use of 
incorporation by reference for emission limitations and standards 
violates title V of the Act and its implementing regulations at 40 CFR 
part 70, thereby rendering the permit practically unenforceable. The 
petitioners claim that the use of incorporation by reference makes it 
practically impossible for the public to discover the requirements of 
the permit, which defeats the intention of the title V program. 
Further, the petitioners claim that there is inadequate guidance as to 
where the referenced permits may be found and they were unable to 
obtain complete or current copies of a number of the underlying permits 
from TCEQ.
    On May 28, 2009, the Administrator issued an order partially 
granting and partially denying the petition. The order explains the 
reasons behind EPA's conclusion to partially grant and partially deny 
the petition for objection.

    Dated: June 5, 2009.
Lawrence E. Starfield,
Acting Regional Administrator, Region 6.
[FR Doc. E9-14008 Filed 6-12-09; 8:45 am]
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