[Federal Register Volume 70, Number 23 (Friday, February 4, 2005)]
[Notices]
[Pages 6002-6003]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-2181]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7869-4]


Clean Air Act Operating Permit Program; Petition for Objection to 
State Operating Permits; Dow Chemical Company

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final order on petition to object to State operating 
permits.

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SUMMARY: The EPA Administrator signed an order, dated December 22, 
2004, denying the petition to object to State operating permits issued 
by the Louisiana Department of Environmental Quality (LDEQ) for the 
Light Hydrocarbon III and Cellulose plants at the Dow Chemical 
Company's facilities in Plaquemine, Iberville Parish, 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 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/petitiondb2002.htm.

FOR FURTHER INFORMATION CONTACT: Ms. Mary Stanton, Air Permits Section, 
Multimedia Planning and Permitting Division, EPA Region 6, 1445 Ross 
Avenue, Dallas, Texas 75202-2733, telephone (214) 665-8377, or e-mail 
at [email protected].

SUPPLEMENTARY INFORMATION: The Act affords EPA a 45-day period to 
review, and, as appropriate, 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 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 
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.
    The Louisiana Environmental Action Network (LEAN) submitted a 
petition requesting that the Administrator object to title V operating 
permits issued by LDEQ to the Dow Chemical Company, for modifications 
to its Light Hydrocarbon III and Cellulose Plants at Dow's facility in 
Plaquemine, Iberville Parish, Louisiana.
    The petition maintains that the permits are inconsistent with the 
Act because:
    (1) The emission reduction credits (ERCs) used as offsets are not 
valid because the underlying emission reductions were required, and not 
surplus;
    (2) The ERCs are not valid because LDEQ improperly concluded that 
the underlying emission reductions occurred within 10 years of the date 
the offsets were used;
    (3) Dow's application for ERCs was not timely under the 
requirements of the Louisiana Administrative Code;
    (4) LDEQ's Basis For Decision on the ERC application failed to 
respond to all reasonable public comments;
    (5) The permits should have required controls designed to achieve 
the Lowest Achievable Emission Rate (LAER) because Dow had insufficient 
offsets to avoid LAER;
    (6) Offsets should have been required for 33.34 tons per year of 
emission increases of volatile organic compounds from emission points 
C6 ,C7, and LN, and LDEQ was inconsistent in granting those emission 
increases while also maintaining that the facilities were in compliance 
with the previously permitted emissions limitations; and
    (7) In establishing the baseline for sulfur dioxide emissions for 
purposes of determining whether the permits constituted a significant 
modification, LDEQ failed to either use actual emissions over the 
preceding two years, or make a determination that a different

[[Page 6003]]

time period was more representative of normal source operation.
    On December 22, 2004, the Administrator issued an order denying the 
petition. The order explains the reasons for the Administrator's 
decision that the petition does not demonstrate that the permits are 
not in compliance with the Act.

    Dated: January 26, 2005.
Richard E. Greene,
Regional Administrator, Region 6.
[FR Doc. 05-2181 Filed 2-3-05; 8:45 am]
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