Notice2023-18726
Clean Air Act Operating Permit Program; Petition for Objection to State Operating Permit for XTO Energy Inc., Wildcat Compressor Station, Lea County, New Mexico
Primary source
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Published
August 30, 2023
Issuing agencies
Environmental Protection Agency
Abstract
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.
Full Text
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<title>Federal Register, Volume 88 Issue 167 (Wednesday, August 30, 2023)</title>
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[Federal Register Volume 88, Number 167 (Wednesday, August 30, 2023)]
[Notices]
[Pages 59913-59914]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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:
<a href="https://www.epa.gov/title-v-operating-permits/title-v-petition-database">https://www.epa.gov/title-v-operating-permits/title-v-petition-database</a>.
FOR FURTHER INFORMATION CONTACT: Elizabeth Layton, EPA Region 6 Office,
Air Permits Section, (214) 665-2165, <a href="/cdn-cgi/l/email-protection#6a060b131e0504440f0603100b080f1e022a0f1a0b440d051c"><span class="__cf_email__" data-cfemail="85e9e4fcf1eaebabe0e9ecffe4e7e0f1edc5e0f5e4abe2eaf3">[email protected]</span></a>.
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]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on August 30, 2023.
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