[Federal Register Volume 74, Number 226 (Wednesday, November 25, 2009)]
[Notices]
[Pages 61678-61679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-28266]


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ENVIRONMENTAL PROTECTION AGENCY

[Regional Docket Nos. V-2008-2, FRL-8985-3]


Clean Air Act Operating Permit Program; Petition for Objection to 
State Operating Permit for BP Products North America, Inc., Whiting 
Business Unit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final order on petition to object to Clean Air Act 
(Act) operating permit.

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SUMMARY: This document announces that the Administrator of EPA has 
responded to a petition submitted by the Environmental Law and Policy 
Center, Hoosier Environmental Council, Natural Resources Defense 
Council, Save the Dunes, Sierra Club, Susan Eleuterio, and Tom Tsourlis 
(petitioners) asking EPA to object to an operating permit issued by the 
Indiana Department of Environmental Management to the BP Products North 
America, Inc., Whiting Business Unit (Whiting). The Administrator 
granted the petition in part and denied it in part.
    Pursuant to section 505(b)(2) of the Act, a petitioner may seek in 
the United States Court of Appeals for the appropriate circuit judicial 
review of those portions of a petition which EPA denied. 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 5 Office, 77 West 
Jackson Boulevard, Chicago, Illinois 60604. If you wish to examine 
these documents, you should make an appointment at least 24 hours 
before visiting the EPA office. Additionally, the final order for the 
Whiting petition is available electronically at: http://www.epa.gov/region07/programs/artd/air/title5/petitiondb/petitiondb.htm.

FOR FURTHER INFORMATION CONTACT: Pamela Blakley, Chief, Air Permits 
Section, Air Programs Branch, Air and Radiation Division, EPA, Region 
5, 77 West Jackson Boulevard, Chicago, Illinois 60604, telephone (312) 
886-4447.

SUPPLEMENTARY INFORMATION: The Act affords EPA a 45-day period to 
review, and object, as appropriate, to 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 the EPA review period to object to a State operating 
permit if EPA has not done so. A petition 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 issues 
during the comment period, or the grounds for the issues arose after 
this period.
    On August 19, 2008, EPA received a petition requesting that EPA 
object to the Title V operating permit for Whiting. The Petitioners 
allege that the permit is not in compliance with the requirements of 
the Act.
    Specifically, the Petitioners allege that: (1) The permit 
application lacks emission information and calculations critical for 
determining applicable requirements and setting appropriate limits and 
conditions; (2) the minor source permit fails to comply with New Source 
Review requirements because the project is a major modification when 
all project emissions are properly included; (3) the permit does not 
include applicable Best Available Control Technology and Lowest 
Achievable Emission Rate limits for flares and other sources; (4) BP 
and IDEM failed to conduct the proper greenhouse gas Best Achievable 
Control Technology analysis; and (5) the permit omits compliance 
schedules that Title V requires to ensure compliance with all 
applicable requirements, as supported by the Notice of Violation issued 
by EPA to BP for its Whiting refinery.
    On October 16, 2009, the Administrator issued an order granting the 
Whiting petition in part and denying it in part. The order explains the 
reasons behind EPA's conclusions.


[[Page 61679]]


    Dated: November 9, 2009.
Bharat Mathur,
Acting Regional Administrator, Region 5.
[FR Doc. E9-28266 Filed 11-24-09; 8:45 am]
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