[Federal Register Volume 66, Number 49 (Tuesday, March 13, 2001)]
[Notices]
[Pages 14580-14581]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-6183]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6951-7]


Clean Air Act Operating Permit Program; Petition for Objection to 
Proposed State Operating Permit for Borden Chemical, Inc. Formaldehyde 
Plant Geismar, Ascension Parish, Louisiana

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 dismissed 
portions of a petition as moot and denied the remainder of a petition 
to object to a State operating permit issued by the Louisiana 
Department of Environmental Quality for Borden Chemical, Inc.'s 
formaldehyde plant in Geismar, Louisiana. Pursuant to Section 505(b)(2) 
of the Clean Air Act (Act), the Petitioner may seek judicial review in 
the United States Court of Appeals for the appropriate circuit within 
60 days of this decision under Section 307 of the Act.

ADDRESSES: You may review copies of the final order, the petition, and 
other supporting information at EPA, 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/
borden__response1999.pdf.

FOR FURTHER INFORMATION CONTACT: Jole Luehrs, Chief, Air Permits 
Section, Multimedia Planning and Permitting Division, U.S. EPA, Region 
6, 1445 Ross Avenue, Dallas, Texas 75202-2733, telephone (214) 665-
7250, or e-mail at [email protected].

SUPPLEMENTARY INFORMATION: The 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.
    Ms. Marylee Orr, Executive Director of the Louisiana Environmental 
Action Network (Petitioner) submitted a petition to the Administrator 
on August 24, 1999, seeking EPA's objection to the Title V operating 
permit to be issued for Borden Chemical. Inc.'s formaldehyde plant in 
Geismar, Louisiana. The petition objects to issuance of the permit on 
nine grounds:
    (1) Violation of public notice and comment provisions; (2) emission 
reduction credits proposed to offset its emissions are not valid; (3) 
the facility will hinder reasonable further progress in achieving the 
ozone standard for the Baton Rouge non-attainment area; (4) 
environmental impacts of facility significantly outweigh the social and 
economic benefits of the facility; (5) Borden failed to submit a 
complete application; (6) Borden's environmental assessment of the site 
was inadequate; (7) no risk management plan on file; (8) failure to 
meet Maximum Achievable Control Technology standards; and (9) title VI 
civil rights complaint. The Order expresses the Administrator's 
agreement with Petitioner on issues 2 and 3, regarding the validity of 
emission reduction credits used as offsets, and re-emphasizes the Clean 
Air Act

[[Page 14581]]

requirement that credits must be ``surplus'' of Federal or State 
requirements at the time they are generated as well as when they are 
used. However, the Order does not grant relief on those points because 
the permit was recently modified to no longer rely on such offsets, 
thereby mooting the issue.
    On December 22, 2000, the Administrator issued an order dismissing 
items 2 and 3 of the petition as moot and denying the remainder of the 
petition. The order explains the reasons for the Administrator's 
decision.

    Dated: January 23, 2001.
Gregg A. Cooke,
Regional Administrator, Region 6.
[FR Doc. 01-6183 Filed 3-12-01; 8:45 am]
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