[Federal Register Volume 68, Number 250 (Wednesday, December 31, 2003)]
[Notices]
[Page 75500]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-32215]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7604-6]


Clean Air Act Operating Permit Program; Petition for Objection to 
State Operating Permit DuPont Dow Elastomers, L.L.C.

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 
chloroprene plant at DuPont Dow Chemical Company in La Place, 
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: Ms. Bonnie Braganza, Air Permitting 
Section, Multimedia Planning and Permitting Division, U.S. EPA, Region 
6, 1445 Ross Avenue, Dallas, Texas 75202-2733, telephone (214) 665-
7340, or e-mail at [email protected].

SUPPLEMENTARY INFORMATION: The Act affords EPA a 45-day period to 
review, and object as appropriate to, 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.
    The Louisiana Environmental Action Network submitted a petition 
requesting that the Administrator object to a title V operating permit 
issued by LDEQ to DuPont Dow Chemical Company, for the chloroprene unit 
at the DuPont Dow Elastomer's facility, in La Place, Louisiana.
    The petitioner requested that the Administrator object to the 
DuPont Dow permit based on the following broad assertions:
    1. LDEQ's interpretation of 40 Code of Federal Regulations (CFR) 
63.115 is inconsistent with the Act's goal of protecting public health;
    2. LDEQ's interpretation would result in increased discharges of 
halogenated organic hazardous air pollutants (HAP), an ``extremely 
dangerous'' class of pollutants;
    3. LDEQ's interpretation results in greater controls of 
nonhalogenated vent streams relative to halogenated vent streams;
    4. A rational interpretation of 40 CFR 63.115 must result in a 
Group 1 classification and the accompanying control requirements;
    5. LDEQ has misinterpreted 40 CFR 63.115.
    On November 20, 2003, the Administrator issued an order denying the 
petition. The order explains the reasons for the Administrator's 
decision.

    Dated: December 18, 2003.
Lawrence E. Starfield,
Acting Regional Administrator, Region 6.
[FR Doc. 03-32215 Filed 12-30-03; 8:45 am]
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