Notice

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- OCS

- EPA

- R400 8 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

- R400 8

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 e missions fr om 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 vesse ls. 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

, appro ximately 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 D eterioration 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 Regulat ions (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 c hanges made to the permit in response to comments received. A c opies 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 interes ted persons, the pertinent federal statutes and regulations, and additional material relevant to the application and contained in the administrativ e record, EPA has made a final determination in accordance with title 40 CFR p art 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 c omment.

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/ocsp ermits.html

. Copies of the final permit and EPA’s responses to the public comments are available for inspection during normal business hours (p lease call in advance for available viewing times) at the EPA Region 4 Office and are also

av ailable upon request to Ms. Rosa Yarbrough at : R4OCSpermits@epa.gov ; (404) 562

- 9643 ; or inNotice

– FD

- OCS

- EPA

- R400 8 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 showi ng 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 sho uld, 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 P rotection Agency

Clerk o f 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 ha n d

- 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.