[Federal Register Volume 83, Number 137 (Tuesday, July 17, 2018)]
[Notices]
[Pages 33220-33221]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15205]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9980-10--Region 6]


Clean Air Act Operating Permit Program; Petitions for Objection 
to State Operating Permit for Motiva Enterprises LLC, Port Arthur 
Refinery, Jefferson County, Texas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final Order on Petition for objection to Clean Air 
Act title V operating permit.

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SUMMARY: The Environmental Protection Agency (EPA) Administrator signed 
an Order dated May 31, 2018, granting in part and denying in part a 
Petition dated November 8, 2016 from the Environmental Integrity 
Project, Sierra Club, and Air Alliance Houston. The Petition requested 
that the EPA object to a Clean Air Act (CAA) title V operating permit 
issued by the Texas Commission on Environmental Quality (TCEQ) to 
Motiva Enterprises LLC (Motiva) for its Port Arthur Refinery located in 
Jefferson County, Texas.

ADDRESSES: The EPA requests that you contact the individual listed in 
the FOR FURTHER INFORMATION CONTACT section to view copies of the final 
Order, the Petition, and other supporting information. You may review 
copies of the final Order, the Petition, and other supporting 
information at the EPA Region 6 Office, 1445 Ross Avenue, Dallas, Texas 
75202-2733. You may view the hard copies Monday through Friday, from 9 
a.m. to 3 p.m., excluding

[[Page 33221]]

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 and Petition are available electronically 
at: https://www.epa.gov/title-v-operating-permits/title-v-petition-database.

FOR FURTHER INFORMATION CONTACT: Kyndall Cox, EPA Region 6, (214) 665-
8567, [email protected].

SUPPLEMENTARY INFORMATION: The CAA affords EPA a 45-day period to 
review and object to, as appropriate, operating permits proposed by 
state permitting authorities under title V of the CAA. Section 
505(b)(2) of the CAA authorizes any person to petition the EPA 
Administrator to object to a title V operating permit within 60 days 
after the expiration of the EPA's 45-day review period if the EPA has 
not objected on its own initiative. 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 unless the grounds for the issue arose 
after this period.
    The EPA received the Petition from the Environmental Integrity 
Project, Sierra Club, and Air Alliance Houston dated November 8, 2016, 
requesting that the EPA object to the issuance of operating permit no. 
O1386, issued by TCEQ to Motiva's Port Arthur Refinery in Jefferson 
County, Texas. The Petition has six claims (1-6) that the proposed 
permit fails to require monitoring, recordkeeping and reporting 
sufficient to assure compliance with various emission limits and 
operational requirements for units authorized by New Source Review 
(NSR) permits and permits by rule (PBRs); one claim (7) that the 
proposed permit's incorporation by reference of permit by rule 
requirements fails to assure compliance with applicable requirements; 
and one claim (8) that the proposed permit fails to identify 
monitoring, recordkeeping and reporting for emission units subject to 
NSPS and NESHAP federal rules.
    On May 31, 2018, the EPA Administrator issued an Order granting in 
part and denying in part the Petition. The Order explains the basis for 
EPA's decision.
    Sections 307(b) and 505(b)(2) of the CAA provide that a petitioner 
may request judicial review of those portions of an order that deny 
issues in a petition. Any petition for review shall be filed in the 
United States Court of Appeals for the appropriate circuit no later 
than September 17, 2018.

    Dated: July 3, 2018.
Anne L. Idsal,
Regional Administrator, Region 6.
[FR Doc. 2018-15205 Filed 7-16-18; 8:45 am]
 BILLING CODE 6560-50-P