[Federal Register: April 7, 2008 (Volume 73, Number 67)]
[Notices]
[Page 18793-18794]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07ap08-58]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-8552-2]
Clean Air Act Operating Permit Program; Petition for Objection to
State Operating Permit for Kerr-McGee Gathering, LLC--Frederick
Compressor Station
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of final action.
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SUMMARY: This document announces that the EPA Administrator has
responded to a citizen petition asking EPA to object to an operating
permit issued by the Colorado Department of Public Health and
Environment (CDPHE). Specifically, the Administrator has granted the
January 3, 2007 petition, submitted by Rocky Mountain Clean Air Action
(Petitioner), to object to January 1, 2007 operating permit issued to
Kerr-McGee Gathering to operate the Frederick Natural Gas Compressor
Station (Kerr-McGee-Frederick Station).
Pursuant to section 505(b)(2) of the Clean Air Act (Act),
Petitioners may seek judicial review of those portions of the
petitions, which EPA denied in the United States Court of Appeals for
the appropriate circuit. Any petition for review shall be filed within
60 days from the date this notice appears in the Federal Register,
pursuant to section 307 of the Act.
ADDRESSES: You may review copies of the final Order, the petition, and
other supporting information at the EPA Region 8, 1595 Wynkoop Street,
Denver, Colorado 80202-1129.
EPA requests that if at all possible, you contact the individual
listed in the FOR FURTHER INFORMATION CONTACT section to view the
copies of the final order, the petition, and other supporting
information. You may view the hard copies Monday through Friday, 8 a.m.
to 4 p.m., excluding Federal holidays. If you wish to examine these
documents, you should make an appointment at least 24 hours before the
visiting day. Additionally, the final order for Kerr-McGee-Frederick
Station is available electronically at: http://www.epa.gov/region7/
programs/artd/air/title5/petitiondb/petitions/kerrmcgee_frederick_
decision2007.pdf.
[[Page 18794]]
FOR FURTHER INFORMATION CONTACT: Donald Law, Office of Partnerships and
Regulatory Assistance, EPA, Region 8, 1595 Wynkoop Street, Denver,
Colorado 80202-1129, (303) 312-7015, law.donald@epa.gov.
SUPPLEMENTARY INFORMATION: The Act affords EPA a 45-day period to
review, and object to as appropriate, a Title V operating permits
proposed by State permitting authorities. Section 505(b)(2) of the Act
authorizes any person to petition the EPA Administrator, within 60 days
after the expiration of this review period, to object to a Title V
operating permit if EPA has not done so. 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 the grounds for the issue
arose after this period.
The EPA received a petition from Rocky Mountain Clean Air Action
dated January 3, 2007, requesting that EPA object to the issuance of
the Title V operating permit to Kerr-McGee Gathering, LLC for the
operation of the Frederick Natural Gas Compressor Station for the
following reasons: (I) The Title V permit failed to assure compliance
with PSD requirements because CDPHE failed to consider whether
emissions from adjacent and interrelated pollutant emitting activities
triggered PSD review, specifically Kerr-McGee owned natural gas wells
that supply gas to the Frederick Station; (II) in light of CDPHE's
failure to consider PSD compliance, it is likely that the Title V
permit must include a compliance schedule; (III) CDPHE failed to
respond to significant comments submitted by the Petitioner during the
Title V public comment period; and (IV) CDPHE failed to consider
adjacent and interrelated pollutant emitting activities in defining the
``source'' subject to Title V.
On February 7, 2008, the Administrator issued an order granting the
petition. The order explains the reasons behind EPA's conclusion to
grant the petition for objection.
Dated: March 27, 2008.
Stephen S. Tuber,
Acting Deputy Regional Administrator, Region 8.
[FR Doc. E8-7211 Filed 4-4-08; 8:45 am]
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