[Federal Register Volume 74, Number 113 (Monday, June 15, 2009)]
[Notices]
[Page 28242]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-14016]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8918-6]


Clean Air Act Operating Permit Program; Petition for Objection to 
Federal Operating Permit for CITGO Refining and Chemicals Company L.P.

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 CITGO 
Refining and Chemicals Company L.P. (CITGO) operating permit issued by 
the Texas Commission on Environmental Quality. Specifically, the 
Administrator has partially granted and partially denied the petition 
submitted by Environmental Integrity Project, the Refinery Reform 
Campaign, Citizens for Environmental Justice, and Suzie Canales 
(Petitioners), to object to the title V operating permit for CITGO to 
operate the West Plant at its refinery in Corpus Christi, 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/citgo_corpuschristi_west_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 March 30, 2007, EPA received a petition from the Petitioners 
requesting that EPA object to the issuance of the title V operating 
permit to CITGO for the operation of the West Plant at its refinery in 
Corpus Christi, Texas. First, the petitioners claim that the permit's 
monitoring requirements are not adequate to ensure compliance with all 
emission limitations and other substantive Act requirements.
    Second, the Petitioners claim that the permit's 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 and renders the permit practically unenforceable. Further, the 
Petitioners claim that (1) the permit should include the emission rate 
tables located in underlying permits; (2) the Applicable Requirements 
Summary of the permit must reference a State administrative enforcement 
order, and the permit should explicitly state the provisions of the 
order as terms of the permit; and (3) the permit must explicitly 
incorporate a federal consent decree, and the permit should 
specifically state the emission limitations and monitoring requirements 
of the consent decree as terms of the permit.
    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. E9-14016 Filed 6-12-09; 8:45 am]
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