Notice – FD -OCS-EPA-R4008 BHPB

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 4

Notice of Final Determination of Permit Issuance and Response to Comments 

for Outer Continental Shelf Air Permit OCS-EPA-R4008

BHP Billiton Petroleum, Inc.

On April 4, 2012, the Region 4 office of the United States Environmental Protection Agency (EPA) 

requested public comment on a draft Outer Continental Shelf (OCS) air permit for BHP Billiton 

Petroleum, Inc., (BHPB). The permit will regulate air pollutant emissions from BHPB’s project known 

as the Sake Prospect Drilling Project (Sake Project). The Sake Project is an oil and natural gas 

exploration drilling campaign for a period of up to two years using a mobile offshore drilling unit 

(MODU) and associated support vessels. BHPB will use either the Transocean ultra-deepwater drillship 

C.R. Luigs MODU or the Transocean semisubmersible Development Driller 1 MODU. BHPB will 

conduct drilling activities located in the OCS waters of the Gulf of Mexico, DeSoto Canyon area,

approximately 120 miles from nearest Louisiana shoreline, 139 miles from the nearest Mississippi 

shoreline, and 125 miles from the nearest Alabama and Florida shorelines. This permit does not 

authorize the establishment of any permanent production facilities.

EPA also prepared a preliminary determination and statement of basis document that explains the 

derivation of the permit conditions. The preliminary determination and the draft permit are available on 

EPA Region 4’s website at: http://www.epa.gov/region4/air/permits/ocspermits/ocspermits.html and 

through the Regulations.gov (docket EPA-R04-OAR-2012-0239). The permit incorporates applicable 

requirements from the federal Prevention of Significant Deterioration preconstruction and title V 

operating permit programs, New Source Performance Standards (NSPS), and National Emission 

Standards for Hazardous Air Pollutants (NESHAP), as required by the OCS Air Quality Regulations at 

40 Code of Federal Regulations (CFR) part 55.

During the public comment period, which commenced on April 4, 2012, and ended on May 7, 2012, 

EPA received comments from BHPB. No request for a public hearing was received, and the hearing was 

canceled due to insufficient interest. The Response to Comments document summarizes the comments 

received and provides EPA’s response, as well as summarizes the changes made to the permit in 

response to comments received. A copies of the comments is in the administrative record for the BHPB

permit and available at the website listed above. 

After consideration of the expressed view of all interested persons, the pertinent federal statutes and 

regulations, and additional material relevant to the application and contained in the administrative 

record, EPA has made a final determination in accordance with title 40 CFR part 55 to issue an air 

permit to BHPB for their proposed exploratory drilling operation. The final permit does not differ 

significantly from the draft permit offered for public comment. 

The final permit, EPA’s response to the public comments, and additional supporting information are 

available at http://www.epa.gov/region4/air/permits/ocspermits/ocspermits.html. Copies of the final 

permit and EPA’s responses to the public comments are available for inspection during normal business 

hours (please call in advance for available viewing times) at the EPA Region 4 Office and are also 

available upon request to Ms. Rosa Yarbrough at: R4OCSpermits@epa.gov; (404) 562-9643; or in 
Notice – FD -OCS-EPA-R4008 BHPB

writing to: EPA Region 4, APTMD; ATTN: Ms. Rosa Yarbrough, 61 Forsyth Street, SW; Atlanta, GA 

30303.

Any person who filed comments on the draft permit may petition the Environmental Appeals Board 

(EAB) by June 30, 2012, to review any condition of the final permit. Others may petition for review 

only with respect to any changes from the draft to the final permit decision or other grounds that were 

not reasonably foreseeable during the public comment period on the draft permit. The petition must 

include a statement of the reason for requesting review by the EAB including demonstration that any 

issues being raised were raised during the public comment period to the extent required by 40 CFR part 

124 and, when appropriate, a showing that the conditions in question are based on 1) a finding of fact or 

conclusion of law which is clearly erroneous, or 2) an exercise of discretion or an important policy 

consideration which the EAB should, in its discretion, review. The petition must be at the EAB no later 

than June 30, 2012.

The address for the EAB depends on the method of delivery, as follows:

All documents that are sent through the U.S. Postal Service (except by Express mail) address to:

U.S. Environmental Protection Agency

Clerk of the Board, Environmental Appeals Board (MC 1103B)

Ariel Rios Building

1200 Pennsylvania Avenue, N.W.

Washington, D.C. 20460-0001

All documents that are hand-carried in person, delivered via courier, mailed by U.S. Postal Express mail, 

or delivered by a non-U.S. Postal Service carrier (e.g., Federal Express or UPS) deliver or address to:

U.S. Environmental Protection Agency

Clerk of the Board, Environmental Appeals Board

Ronald Reagan Building, EPA Mail Room

1300 Pennsylvania Avenue, N.W.

Washington, D.C. 20004

Documents that are hand-carried may be delivered to the Clerk of the Board from 8:30 a.m. to 12:00 

p.m. and from 1:00 p.m. to 4:30 p.m., Monday through Friday (excluding federal holidays).

IMPORTANT NOTE: Documents that are sent to the EAB’s hand-delivery address through the U.S. 

Postal Service (except by Express Mail) will be returned to the sender and shall not be considered as 

filed.

Please see 40 CFR § 124.19, 40 CFR § 71.11, and visit http://www.epa.gov/eab/ for more information 

regarding the procedure for appeals to the EAB, including instructions for electronic filing.

Please bring this announcement to the attention of all persons who you know would be interested in the 

matter.