[Federal Register Volume 88, Number 167 (Wednesday, August 30, 2023)]
[Notices]
[Pages 59913-59914]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18726]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-11362-01-R6]


Clean Air Act Operating Permit Program; Petition for Objection to 
State Operating Permit for XTO Energy Inc., Wildcat Compressor Station, 
Lea County, New Mexico

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 August 7, 2023, granting in part and denying in part a 
Petition from the WildEarth Guardians dated March 1, 2023. The Petition 
requested that the EPA object to the Clean Air Act (CAA) title V 
operating permit issued by the New Mexico Environment Department (NMED) 
to XTO Energy Inc., Wildcat Compressor Station, located in Lea County, 
New Mexico.

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. 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: Elizabeth Layton, EPA Region 6 Office, 
Air Permits Section, (214) 665-2165, [email protected].

SUPPLEMENTARY INFORMATION: The CAA affords the 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 Petitioner claims that the Proposed Permit fails to ensure the 
facility operates in compliance with the New Mexico State 
Implementation Plan (SIP) by lacking a reasoned explanation, basis, or 
analysis demonstrating how the Proposed Permit will ensure the 
facility's operation will not cause or contribute to an exceedance in 
the National Ambient Air Quality Standard (NAAQS) for ozone, fails to 
include emission limitations and standards necessary to assure 
compliance with applicable requirements, and fails to include 
sufficient periodic monitoring

[[Page 59914]]

and is unenforceable as a practical matter.
    On August 7, 2023, the EPA Administrator issued an Order granting 
in part and denying in part the Petition. The Order explains the basis 
for the 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 file in the United 
States Court of Appeals for the appropriate circuit no later than 
October 30, 2023.

    Dated: August 24, 2023.
David Garcia,
Director, Air and Radiation Division, Region 6.
[FR Doc. 2023-18726 Filed 8-29-23; 8:45 am]
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