[Federal Register: September 8, 2006 (Volume 71, Number 174)]
[Notices]               
[Page 53092-53093]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08se06-44]                         

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ENVIRONMENTAL PROTECTION AGENCY

[Regional Docket No. V-2006-1, FRL-8218-1]

 
Clean Air Act Operating Permit Program; Petition for Objection to 
State Operating Permit for Louis Dreyfus Agricultural Industries, LLC

AGENCY: United States Environmental Protection Agency (USEPA).

ACTION: Notice of final order on petition to object to a state 
operating permit.

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SUMMARY: This document announces that the USEPA Administrator has 
responded to a citizen petition asking USEPA to object to a Clean Air 
Act (Act) Title V operating permit proposed by the Indiana Department 
of Environmental Management (IDEM). Specifically, the Administrator has 
denied the petition submitted by Bunge North America (Bunge) to object 
to the proposed operating permit for Louis Dreyfus Agricultural 
Industries, LLC. (Louis Dreyfus).
    Pursuant to section 505(b)(2) of the Act, a petitioner may seek 
judicial review in the United States Court of Appeals for the 
appropriate circuit for those portions of a petition which EPA denied. 
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 orders, the petitions, 
and other supporting information at the USEPA Region 5 Office, 77 West 
Jackson Boulevard, Chicago, Illinois 60604. If you wish to examine 
these documents, you should make an appointment at least 24 hours 
before visiting day. Additionally, the final order for Louis Dreyfus is 
available electronically at: http://www.epa.gov/region07/programs/artd 

/air/title5/petitiondb/petitions/dreyfus-- bunge--response2006.pdf.

FOR FURTHER INFORMATION CONTACT: Pamela Blakley, Chief, Air Permitting 
Section, Air Programs Branch, Air and Radiation Division, USEPA, Region 
5, 77 West Jackson Boulevard, Chicago, Illinois 60604, telephone (312) 
886-4447.

SUPPLEMENTARY INFORMATION: The Act affords USEPA 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 USEPA Administrator within 60 days after the 
expiration of the USEPA review period to object to state operating 
permits if USEPA 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.
    On February 16, 2006, USEPA received from Bunge North America a 
petition requesting that USEPA object to the proposed title V operating 
permit for Louis Dreyfus Agricultural Industries, LLC. The petition 
raised two objections to the permit: (1) IDEM failed to respond 
adequately to comments filed on the draft permit; and (2) USEPA's 
comments on the permit, summarized in IDEM's response to comments, 
failed to provide clarity with respect to regulatory and policy 
determinations used in drafting the permit.
    On July 21, 2006, the Administrator issued an order denying the 
petition on both issues. In response to the first

[[Page 53093]]

issue, USEPA found that the Petitioner did not provide any information 
to show that USEPA had made inconsistent determinations or that IDEM's 
approach differed from USEPA's. In response to the second issue, USEPA 
found that the petitioner did not specify any information which 
demonstrated a conflict between IDEM's decisions and USEPA's Prevention 
of Significant Deterioration regulations. The Petitioner has 60 days 
from the date of this notice to file a petition in the United States 
Court of Appeals for the Seventh Circuit.

    Dated: August 25, 2006.
Norman Niedergang,
Acting Regional Administrator, Region 5.
 [FR Doc. E6-14853 Filed 9-7-06; 8:45 am]

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