[Federal Register Volume 74, Number 89 (Monday, May 11, 2009)]
[Notices]
[Pages 21803-21804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-10966]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-8903-2]
Clean Air Act Operating Permit Program; Petition for Objection to
State Operating Permit for CEMEX, Inc.--Lyons Cement Plant
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of final action.
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SUMMARY: This document announces that the EPA Administrator has
responded to a citizen petition asking EPA to object to an operating
permit issued by the Colorado Department of Public Health and
Environment (CDPHE). Specifically, the Administrator has partially
granted and partially denied the March 21, 2008 petition, submitted by
Rocky Mountain Clean Air Action (Petitioner), to object to the March 1,
2008 operating permit issued to CEMEX, Inc. to operate the Lyons Cement
Plant.
Pursuant to section 505(b)(2) of the Clean Air Act (Act),
Petitioners may seek judicial review of those portions of the
petitions, which EPA denied in the United States Court of Appeals for
the appropriate circuit. 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 order, the petition, and
other supporting information at the EPA Region 8 Office, 1595 Wynkoop
Street, Denver, Colorado 80202-1129. EPA requests that if at all
possible, you contact the individual listed in the FOR FURTHER
INFORMATION CONTACT section to view the copies of the final order, the
petition, and other supporting information. You may view the hard
copies Monday through Friday, 8 a.m. to 4 p.m., excluding Federal
holidays. If you wish to examine these documents, you should make an
appointment at least 24 hours before visiting day. Additionally, the
final order for CEMEX, Inc, is available electronically at: http://www.epa.gov/region07/programs/artd/air/title5/petitiondb/petitions/cemex_response2009.pdf
FOR FURTHER INFORMATION CONTACT: Donald Law, Office of Partnerships and
Regulatory Assistance, EPA, Region 8, 1595 Wynkoop Street, Denver,
Colorado 80202-1129, (303) 312-7015, [email protected].
SUPPLEMENTARY INFORMATION: The Act affords EPA a 45-day period to
review, and object to as appropriate, a Title V operating permit
proposed by State
[[Page 21804]]
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 a Title V operating
permit 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.
On March 21, 2008, EPA received a petition from Rocky Mountain
Clean Air Action requesting that EPA object to the issuance of the
Title V operating permit to CEMEX, Inc. for the operation of the Lyons
Cement Plant. First, the Petitioner alleges that the CEMEX, Inc. Lyons
Cement Plant modified the Plant without including emission limits and
standards that represent Best Achievable Control Technology (BACT) and
Lowest Achievable Emission Rate (LAER) consistent with the Prevention
of Significant Deterioration (PSD) and the Nonattainment New Source
Review (NA NSR) provisions. In addition, the Petitioner alleges that
the Title V permit fails to include a compliance plan to bring the
plant into compliance with emission limits that represent BACT and
LAER. The Petitioner alleges a compliance plan is necessary and cites
to the Notice of Violation (NOV) EPA issued to CEMEX on March 28, 2007.
EPA issued the NOV to CEMEX alleging violations, in part, of
regulations for PSD and NA NSR. Second, the Petitioner raises several
allegations of PSD and NSR violations in addition to those alleged in
the EPA NOV. Specifically, Petitioner alleged that there were six kiln
modifications and three dryer modifications that violated PSD and NA
NSR requirements.
On April 20, 2009, the Administrator issued an order partially
granting and partially denying the petition. The order explains the
reasons behind EPA's conclusion to partially grant and partially deny
the petition for objection.
Dated: May 1, 2009.
Stephen S. Tuber,
Acting Regional Administrator, Region 8.
[FR Doc. E9-10966 Filed 5-8-09; 8:45 am]
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