Clean Air Act Operating Permit Program; Order on Petition for Objection to the Title V Permit for Delaware City Refinery
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Issuing agencies
Abstract
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.
Full Text
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<title>Federal Register, Volume 88 Issue 176 (Wednesday, September 13, 2023)</title>
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[Federal Register Volume 88, Number 176 (Wednesday, September 13, 2023)]
[Notices]
[Page 62782]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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:
<a href="http://www.epa.gov/title-v-operating-permits/title-v-petition-database">www.epa.gov/title-v-operating-permits/title-v-petition-database</a>.
FOR FURTHER INFORMATION CONTACT: Britlyn Barnes, EPA Region 3, (215)
814-2089, <a href="/cdn-cgi/l/email-protection#d7b5b6a5b9b2a4f9b5a5bea3bbaeb997b2a7b6f9b0b8a1"><span class="__cf_email__" data-cfemail="355754475b50461b57475c41594c5b755045541b525a43">[email protected]</span></a>.
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]
BILLING CODE 6560-50-P
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