[Federal Register Volume 88, Number 176 (Wednesday, September 13, 2023)]
[Notices]
[Page 62782]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19710]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-11363-01-R3]


Clean Air Act Operating Permit Program; Order on Petition for 
Objection to the Title V Permit for Delaware City Refinery

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final order on petition.

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SUMMARY: Pursuant to the Clean Air Act (CAA), the Environmental 
Protection Agency (EPA) Administrator signed an order dated July 5, 
2023, granting in part and denying in part a petition dated September 
16, 2022, from Delaware Audobon Society, Delaware Concerned Residents 
for Environmental Justice, Environmental Justice Health Alliance for 
Chemical Policy Reform, the Widener Environmental and Natural Resources 
Law Clinic, Environmental Integrity Project, and Earthjustice. The 
petition requested that EPA object to a Clean Air Act (CAA) title V 
operating permit issued by the Delaware Department of Natural Resources 
and Environmental Control (DNREC) to the Delaware City Refinery for its 
facility located in New Castle County, Delaware.

ADDRESSES: Copies of the final order, the petition, and all pertinent 
information relating thereto can be requested by electronic mail to the 
address set forth below in the FOR FURTHER INFORMATION CONTACT section. 
The final order and petition are available electronically at: 
www.epa.gov/title-v-operating-permits/title-v-petition-database.

FOR FURTHER INFORMATION CONTACT: Britlyn Barnes, EPA Region 3, (215) 
814-2089, [email protected].

SUPPLEMENTARY INFORMATION: The CAA affords EPA a 45-day period to 
review and object to, as appropriate, title V operating permits 
proposed by state permitting authorities. 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 state title V 
operating permit if EPA has not done so. Petitions must be based only 
on objections raised with reasonable specificity during the public 
comment period, unless the petitioner demonstrates that it was 
impracticable to raise these issues during the comment period or that 
the grounds for objection or other issue arose after the comment 
period.
    EPA received a petition from Delaware Audobon Society, Delaware 
Concerned Residents for Environmental Justice, Environmental Justice 
Health Alliance for Chemical Policy Reform, the Widener Environmental 
and Natural Resources Law Clinic, Environmental Integrity Project, and 
Earthjustice dated September 16, 2022, requesting that EPA object to 
the issuance of operating permit no. AQM-003/00016--Parts 1-3, issued 
by DNREC to Delaware City Refinery in New Castle County, Delaware. On 
July 5, 2023, the EPA Administrator issued an order granting in part 
and denying in part the petition. The order itself 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 be filed in the 
United States Court of Appeals for the appropriate circuit no later 
than November 13, 2023.

Cristina Fernandez,
Director, Air & Radiation Division, Region III.
[FR Doc. 2023-19710 Filed 9-12-23; 8:45 am]
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