[Federal Register: November 25, 2002 (Volume 67, Number 227)]
[Notices]
[Page 70594]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25no02-56]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-7413-4]
Clean Air Act Operating Permit Program; Petition for Objection to
State Operating Permit for the ENGAGE Plant Modification, Dow Chemical
Company Plaquemine, Iberville Parish, LA
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of final order on petition to object to state operating
permit.
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SUMMARY: This notice announces that the EPA Administrator has denied
the petition to object to a state operating permit issued by the
Louisiana Department of Environmental Quality (LDEQ) for the ENGAGE
plant modification at Dow Chemical Company in Plaquemine, Louisiana.
Pursuant to section 505(b)(2) of the Clean Air Act (Act), the
petitioner may seek judicial review of this petition response in the
United States Court of Appeals for the Fifth Circuit. Any petition must
be filed within 60 days of the date this notice appears in the Federal
Register, pursuant to section 307(d) of the Act.
ADDRESSES: You may review copies of the final order, the petition, and
other supporting information at the Environmental Protection Agency,
Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733. If you wish to
examine these documents, you should make an appointment at least 24
hours before visiting day. The final order is also available
electronically at the following address: http://www.epa.gov/region07/
programs/artd/air/title5/petitiondb/petitiondb2001.htm.
FOR FURTHER INFORMATION CONTACT: Bonnie Braganza, Air Permitting
Section, Multimedia Planning and Permitting Division, U.S.
Environmental Protection Agency, Region 6, 1445 Ross Avenue, Dallas,
Texas 75202-2733, telephone (214) 665-7340, or e-mail at
braganza.bonnie@epa.gov.
SUPPLEMENTARY INFORMATION: The Clean Air Act (Act) affords EPA a 45-day
period to review, and object to as appropriate, 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 State operating
permits 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 issues arose after
this period.
Suzanne Dickey and Eric Rochkind submitted a petition on behalf of
the Louisiana Environmental Action Network (LEAN or Petitioner),
requesting that the Administrator object to a modified title V
operating permit issued by the Louisiana Department of Environmental
Quality (LDEQ) to Dow Chemical Company (Dow), for the construction of a
new production train--the Engage train--at Dow's existing facilities in
Plaquemine, Iberville Parish, Louisiana.
The petition requests that the Administrator object to the Dow
permit based on the following grounds: (1) The offset credits required
by the Nonattainment New Source Review regulations are invalid because
the baseline used to calculate the credits was flawed; (2) The offset
credits were not valid because the reductions were not surplus to
legally required reductions at the time of proposed use, as required by
Section 173(c)(2) of the Act; (3) The offset credits were based on
reductions previously used or relied upon by the State of Louisiana to
meet the 15% Rate of Progress requirements under Section 182(b)(1) of
the Act; (4) The offset credits were not identified with sufficient
specificity to inform the public of the basis of the credits; (5) The
offset credits are invalid because the Louisiana emission reduction
credit bank has not required emissions to be surplus at the time of use
and has not maintained an accurate accounting of credit balances; (6)
LDEQ should confiscate the Louisiana emission reduction credit bank in
implementing approved contingency measures pursuant to Sections
172(c)(9) and 182(c)(8) of the Act; (7) The Dow emission reduction
credit application is invalid because it fails to meet the requirements
of the Louisiana emission reduction banking rules; (8) A new facility
in the Baton Rouge nonattainment area will hinder reasonable further
progress toward achieving the ozone standard in violation of Sections
172, 173, and 182 of the Act; and (9) The Dow permit fails to satisfy
the alternative sites analysis required by Section 173(a)(5)of the Act
and state law.
On October 30, 2002, the Administrator issued an order denying the
petition. The order explains the reasons for the Administrator's
decision.
Dated: November 13, 2002.
Gregg A. Cooke,
Regional Administrator, Region 6.
[FR Doc. 02-29887 Filed 11-22-02; 8:45 am]
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