[Federal Register Volume 80, Number 206 (Monday, October 26, 2015)]
[Notices]
[Page 65223]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-27161]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9936-18--Region 6]


Clean Air Act Operating Permit Program; Petition for Objection to 
State Operating Permits for Shell Chemical LP Deer Park Chemical Plant 
and Shell Oil Company Deer Park Refinery in Texas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final action.

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SUMMARY: Pursuant to Clean Air Act (CAA) Section 505(b)(2) and 40 CFR 
70.8(d), the EPA Administrator signed an Order, dated September 24, 
2015, granting in part and denying in part two petitions asking EPA to 
object to operating permits issued by the Texas Commission on 
Environmental Quality for Shell Chemical LP's Deer Park Chemical Plant 
and Shell Oil Company's Deer Park Refinery (Title V operating permit 
numbers O1668 and O1669). The EPA's September 24, 2015 Order responds 
to the two petitions, dated May 19, 2014, submitted by the 
Environmental Integrity Project (EIP), Sierra Club, and Air Alliance 
Houston. Sections 307(b) and 505(b)(2) of the CAA provide that a 
petitioner may ask for judicial review by the United States Court of 
Appeals for the appropriate circuit of those portions of the Order that 
deny issues raised in the petition. Any petition for review shall be 
filed within 60 days from the date this notice appears in the Federal 
Register, pursuant to section 307(b) of the CAA.

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, petitions, and other supporting information. You may 
view the hard copies Monday through Friday, from 9:00 a.m. to 3:00 
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 September 24, 2015 Order is 
available electronically at: http://www2.epa.gov/title-v-operating-permits/order-responding-2014-petition-requesting-administrator-object-deer-park.

FOR FURTHER INFORMATION CONTACT: Aimee Wilson at (214) 665-7596, email 
address: [email protected] or the above EPA, Region 6 address.

SUPPLEMENTARY INFORMATION: The CAA affords EPA a 45-day period to 
review, and object, as appropriate, to a title V operating permit 
proposed by a state permitting authority. Section 505(b)(2) of the CAA 
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 
such objections during the comment period or unless the grounds for the 
objection arose after this period.
    The Petitioners maintain that the Shell Deer Park title V operating 
permits are inconsistent with the Act based on the following 
contentions: (1) The proposed permits' incorporation by reference of 
minor NSR authorizations fails to assure compliance; (2) The proposed 
permits' incorporation by reference of permits by rule fails to assure 
compliance; (3) The proposed permits fail to require monitoring, 
recordkeeping, and reporting sufficient to assure compliance with 
applicable requirements; (4) The proposed permit for the Deer Park 
Refinery impermissibly uses the permit shield provisions; (5) The 
proposed permits fail to require Shell to obtain SIP-approved 
authorizations for qualified facilities changes; (6) The proposed 
permit for the Chemical Plant fails to address Shell's non-compliance 
with 30 Texas Administrative Code section 116.116(d), which requires 
PBRs for previously permitted facilities to be incorporated into 
existing permits on renewal or amendment; (7) The Executive Director's 
revision to draft permits' special condition 28 in O1668 and special 
condition 29 in O1669 are improper; and (8) The proposed permits must 
clarify that credible evidence may be used by citizens to enforce the 
terms and conditions of the permits. The claims are described in detail 
in Section IV of the Order.
    Pursuant to sections 505(b) and 505(e) of the Clean Air Act (42 
U.S.C. 7661d(b) and (e)) and 40 CFR 70.7(g) and 70.8(d), the Texas 
Commission on Environmental Quality (TCEQ) has 90 days from the receipt 
of the Administrator's order to resolve the objections identified in 
Claims 2., 3.B., 3.C., and 6. of the Order and submit a proposed 
determination or termination, modification, or revocation and 
reissuance of the Shell Deer Park title V permits in accordance with 
EPA's objections. The Order issued on September 24, 2015 responds to 
the Petitions and explains the basis for EPA's decisions.

    Dated: October 15, 2015.
Samuel Coleman,
Acting Regional Administrator, Region 6.
[FR Doc. 2015-27161 Filed 10-23-15; 8:45 am]
 BILLING CODE 6560-50-P