[Federal Register Volume 69, Number 146 (Friday, July 30, 2004)]
[Rules and Regulations]
[Pages 45596-45597]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-17373]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 70

[Petition IV-2003-7; FRL-7795-1]


Clean Air Act Operating Permit Program; Petition for Objection to 
State Operating Permit for Cargill, Inc.--Soybean Oil Mill; Gainesville 
(Hall County), GA

AGENCY: Environmental Protection Agency (EPA).

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

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SUMMARY: Pursuant to Clean Air Act section 505(b)(2) and 40 CFR 
70.8(d), the EPA Administrator signed an order, dated July 16, 2004, 
partially granting and partially denying a petition to object to a 
state operating permit issued by the Georgia Environmental Protection 
Division (EPD) to Cargill, Inc.--Soybean Oil Mill (Cargill) located in 
Gainesville, Hall County, Georgia. Pursuant to section 505(b)(2) of the 
Clean Air Act (the Act), judicial review of any denial of the petition 
may be sought in the United States Court of Appeals for the appropriate 
circuit within 60 days of this notice under section 307 of the Act. No 
objection shall be subject to judicial review until final action is 
taken to issue or deny a permit under section 505(c).

ADDRESSES: Copies of the final order, the petition, and all pertinent 
information relating thereto are on file at the following location: EPA 
Region 4, Air, Pesticides and Toxics Management Division, 61 Forsyth 
Street, SW., Atlanta, Georgia 30303-8960. The final order is also 
available electronically at the following address: http://www.epa.gov/region7/programs/artd/air/title5/petitiondb/petitions/cargillamendment_decision2003.pdf.

FOR FURTHER INFORMATION CONTACT: Art Hofmeister, Air Permits Section, 
EPA Region 4, at (404) 562-9115 or [email protected].

SUPPLEMENTARY INFORMATION: The Act affords EPA a 45-day period to 
review and, as appropriate, to object to operating permits proposed by 
state permitting authorities under title V of the Act, 42 U.S.C. 7661-
7661f. Section 505(b)(2) of the Act and 40 CFR 70.8(d) authorize any 
person to petition the EPA Administrator to object to a title V 
operating permit within 60 days after the expiration of EPA's 45-day 
review period if EPA has not objected on its own initiative. 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.
    GCLPI submitted a petition on behalf of the Sierra Club to the 
Administrator on October 7, 2003, requesting that EPA object to a state 
title V operating permit issued by EPD to Cargill. The Petitioner 
maintains that the Cargill permit is inconsistent with the Act due to: 
(1) The inadequacy of EPD's reasonably available control technology 
determinations for various emission units; (2) the inadequacy of 
various monitoring and reporting requirements; (3) the inadequacy of 
the statement of

[[Page 45597]]

basis; and (4) the permit's inability to assure compliance.
    On July 16, 2004, the Administrator issued an order partially 
granting and partially denying this petition. The order explains the 
reasons behind EPA's conclusion that the Petitioner adequately 
demonstrated that the Cargill permit is not in full compliance with the 
requirements of the Act on the grounds raised.

    Dated: July 22, 2004.
J.I. Palmer,
Regional Administrator, Region IV.
[FR Doc. 04-17373 Filed 7-29-04; 8:45 am]
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