Public Notice: Public Comment and Hearing Opportunity for Bluewater Texas Terminals Deepwater Port Minor New Source Review Permit R6NSR-DWP-GA8
Summary
The United States Environmental Protection Agency Region 6 (EPA) provides notice of and requests public comment on the draft Clean Air Act (CAA) synthetic minor New Source Review (NSR) permit for the proposed Bluewater Texas Terminals, LLC deepwater port (DWP) crude oil export terminal. The source will be located in federal waters. EPA is proposing to issue this minor NSR permit to Bluewater Texas Terminals, LLC, 2331 City West Blvd. Houston, TX 77042.
The draft permit, if finalized, will authorize the construction of a deepwater port oil export terminal to be located in federal waters approximately 15 nautical miles off the coast of San Jose Island (Aransas County, Texas) at Latitude: 27° 53’ 21.70” North, and Longitude: 96° 39’ 4.16” West. The port will consist of two Single Point Mooring (SPM) buoy systems that are remotely controlled and designed to moor Very Large Crude Carrier (VLCC) and other oceangoing sized carriers for export to the global market. The BWTX DWP project will include approximately 27 nautical miles of two new parallel 30-inch diameter crude oil pipelines, which terminate at the two offshore SPM buoy systems. Each SPM buoy system is planned to be positioned in water depths of approximately 89 feet and will consist of a Pipeline End Manifold (PLEM), Catenary Anchor Leg Mooring (CALM) buoy, and other associated equipment. The DWP terminal’s maximum loading rate will be 80,000 barrels per hour (bbl/hr) and maximum annual throughput will be 384,000,000 bbl/year.
A dynamically positioned third-party Offshore Support Vessel (OSV) meeting the United States Coast Guard classification requirements of a gas carrier, remains within approximately 100 feet of the tanker ship moored at the deepwater port in preparation for loading and for the duration of the loading operation. The tanker ships being loaded with crude oil will be certified as having passed a leak tightness test within the 12 months prior to the loading operation at the port and will be evaluated for leaks during the loading operation while at the deepwater port. The emissions generated and displaced from the cargo hold of the tanker ship being loaded at the deepwater port would be continuously routed via a closed vent system (99% capture efficiency) using a flexible transfer hose to the OSV for processing and control.
This draft synthetic minor permit, if finalized, will include practically enforceable emissions limitations on the annual throughput of crude oil loaded, as well as associated compliance requirements that will limit the allowable emissions of VOC at the DWP to below the major source threshold for NSR. More information on the emission sources and limitations associated with this draft permit can be found in the technical support document for this action. If finalized, the proposed CAA permit would authorize construction and regulate stationary air pollutant emissions associated with operation of the facility.
The estimated potential to emit (PTE) for the proposed DWP in tons per year are as follows:
Bluewater Texas Terminal DWP Sitewide Emissions Potential to Emit
Air Contaminant | Emissions (tpy) |
NOx | 41.91 |
CO | 116.49 |
VOC | 150.40 |
PM 2.5/10 | 0.93 |
Any Single HAP | 4.93 |
All HAPs Combined | 6.08 |
Notes for Table
Source-wide PTE includes emissions from the regulated emission units in tons per year (tpy).
NOx – nitrogen oxide
VOC – volatile organic compounds (non-HAP)
CO – carbon monoxide
HAP – hazardous air pollutants (mostly n-Hexane)
Proposed synthetic minor NSR permit: The Deepwater Port Act (DPA), 33 U.S.C. § 1501 et seq., is the source of EPA’s authority to apply the Clean Air Act (CAA) to activities associated with deepwater ports (DWPs). The DPA 33 U.S.C. § 1518(a)(1), extends the Constitution and laws of the United States “to deepwater ports…and to activities connected, associated, or potentially interfering with the use or operation of any such port, in the same manner as if such port were an area of exclusive Federal jurisdiction located within a State.” Additionally, 33 U.S.C. § 1518(b) “federalizes” consistent laws of the nearest adjacent state, Texas, to the proposed port, provided they are “applicable” and not inconsistent with federal law. Relevant state laws include Chapter 382 of the Texas Health and Safety Code (Texas Clean Air Act) and the federally approved State Implementation Plan (40 CFR 52 Subpart SS Texas), among others.
The BWTX DWP is subject to NSR preconstruction permitting for non-major sources under 30 TAC Chapter 116, because its potential to emit (PTE) exceeds minor source thresholds but is below the major source threshold for criteria pollutants under 40 CFR §52.21. While the facility will emit hazardous air pollutants (HAPs), its PTE is below the major source threshold for HAPs, exempting it from the requirements of 40 CFR Part 63 MACT standards.
The facility is required to apply for a Title V permit under the Federal Operating Permit Program (40 CFR Part 71) within 12 months after becoming subject to the program, since its PTE exceeds thresholds for one or more air contaminants.
Access to Draft Permit Documents
Members of the public may review EPA’s administrative record for the BWTX DWP synthetic minor NSR permit action. The administrative record includes the proposed draft permit, the statement of basis for the proposed permit, the permit applications, additional data and supporting documentation for the permit action. These documents are available for review by the public through the online docket.
Electronic Access:
- Regulations.gov: Search for Docket ID No EPA-R06-OAR-2025-0311.
- EPA Website
Physical Access:
- Ingleside Public Library, 2775 Waco Street, Ingleside, TX 78362; Phone: (361) 776-5355
- EPA Region 6 Office, 1201 Elm Street, Suite 500, Dallas, Texas 75270; Phone: (214) 665-7596
- Monday – Friday, from 8:00 a.m. – 4:30 p.m., excluding Federal holidays. Please call in advance to arrange viewing times.
Public Hearing:
You are entitled to request a public hearing regarding the proposed permit action. Should the EPA determine that there is substantial public interest in the draft permit, it may proceed with organizing a public hearing. To request such a hearing, your submission must reach the EPA by July 9, 2025, and clearly outline the issues you wish to address. Requests should be submitted through the Regulations.gov website using Docket ID EPA-R06-OAR-2025-0311. Please note that attending or participating in a public hearing is not a prerequisite for submitting written comments.
If significant public interest is identified, the EPA will hold a virtual public hearing on July 29, 2025. Due to the planning required for a virtual meeting, a pre-registration period will be in effect from July 11, 2025, to July 29, 2025. Those unable to pre-register will have the opportunity to speak at the end of the meeting, time permitting. The EPA will confirm participation via email to all who pre-register, providing details on the order of speakers and approximate times for comments during the hearing.
Should a public hearing take place, the public comment period will automatically extend until the hearing concludes. The EPA reserves the right to cancel the hearing if no requests are received by July 9, 2025, or if it determines there is insufficient public interest. If the hearing is canceled, a notice will be posted by July 11, 2025, on both the Regulations.gov website and the EPA's website at [EPA Public Notices](https://www.epa.gov/publicnotices/notices-search/location/texas).
Applicants or Respondents
Mr. B.R. Sutaria, Vice President, Bluewater Texas Terminal LLC2331 City West Blvd.
Houston, TX 77042
United States