[Federal Register Volume 67, Number 227 (Monday, November 25, 2002)]
[Notices]
[Page 70594]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-29887]


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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 
[email protected].

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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