[Federal Register Volume 85, Number 55 (Friday, March 20, 2020)]
[Notices]
[Pages 16095-16096]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05777]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-10005-99-Region 6]


Clean Air Act Operating Permit Program; Petitions for Objection 
to State Operating Permit for Dow Chemical Company, Dow Salt Dome 
Operations, Brazoria 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 February 18, 2020, granting a Petition dated August 31, 
2015 from the Environmental Integrity Project and Sierra Club. The 
Petition requested that the EPA object to a Clean Air Act (CAA)

[[Page 16096]]

title V operating permit issued by the Texas Commission on 
Environmental Quality (TCEQ) to Dow Chemical Company (Dow) for its Dow 
Salt Dome Operations located in Brazoria 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, 1201 Elm Street, Dallas, Texas 
75270-2102. You may view the hard copies Monday through Friday, from 9 
a.m. to 3 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 Order and Petition are 
available electronically at: https://www.epa.gov/title-v-operating-permits/title-v-petition-database.

FOR FURTHER INFORMATION CONTACT: Aimee Wilson, EPA Region 6, (214) 665-
7596, [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 and Sierra Club dated August 31, 2015, requesting that the EPA 
object to the issuance of the facility's Federal Operating Permit 
Number O2212, issued by TCEQ to Dow Chemical Company's Salt Dome 
Operations in Brazoria County, Texas. The Petition claims the proposed 
permit improperly incorporates by reference confidential operational 
limits even though operational limits are required to be federally 
enforceable by being publicly available and listed in the proposed 
permit.
    On February 18, 2020, the EPA Administrator issued an Order 
granting the Petition requesting that the EPA Administrator object to 
the title V operating permit. The Order explains the basis for EPA's 
decision.

    Dated: March 13, 2020.
Kenley McQueen,
Regional Administrator, Region 6.
[FR Doc. 2020-05777 Filed 3-19-20; 8:45 am]
 BILLING CODE 6560-50-P