[Federal Register Volume 86, Number 196 (Thursday, October 14, 2021)]
[Notices]
[Page 57140]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-22284]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9110-01-R6]


Clean Air Act Operating Permit Program; Petitions for Objection 
to State Operating Permit for Phillips 66 Company, Borger Refinery, 
Hutchinson 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 September 22, 2021, granting in part and denying in part 
a Petition dated September 12, 2017 from the Environmental Integrity 
Project and Sierra Club. 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 Phillips 66 Company 
(Phillips) for its Borger Refinery located in Hutchinson 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. Out of an 
abundance of caution for members of the public and our staff, the EPA 
Region 6 office is currently closed to the public to reduce the risk of 
transmitting COVID-19. Please call or email the contact listed below if 
you need alternative access to the final Order and Petition, which 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 Office, Air 
Permits Section, (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 September 12, 2017, requesting that the 
EPA object to the issuance of operating permit no. O1440, issued by 
TCEQ to the Borger Refinery in Hutchinson County, Texas. The Petition 
claims the proposed permit improperly incorporated a State-only major 
source flexible permit, the proposed permit failed to specify 
monitoring sufficient to assure compliance with permits by rule (PBRs), 
flexible permit emission limits, and monitoring during maintenance, 
startup, and shutdown (MSS), the proposed permit did not properly 
incorporate by reference requirements from certified PBRs, and the 
proposed permit does not identify which emission units are subject to 
requirements in a minor NSR permit for MSS activities.
    On September 22, 2021, the EPA Administrator issued an Order 
granting in part and denying in part the Petition. The Order explains 
the basis for EPA's decision.

    Dated: October 6, 2021.
David Garcia,
Director, Air and Radiation Division, Region 6.
[FR Doc. 2021-22284 Filed 10-13-21; 8:45 am]
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