[Federal Register Volume 77, Number 78 (Monday, April 23, 2012)]
[Notices]
[Page 24200]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-9728]



[[Page 24200]]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9663-7]


Clean Air Act Operating Permit Program; Petitions for Objection 
to State Operating Permits for Consolidated Environmental Management, 
Inc.--Nucor Steel Louisiana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final action.

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SUMMARY: This document announces that the EPA Administrator has 
responded to citizen petitions asking EPA to object to operating 
permits (Permit No. 2560-0028-V0, Permit No. 3086-V0, and Permit No. 
2560-0028-V1) issued by the Louisiana Department of Environmental 
Quality (LDEQ). Specifically, the Administrator has granted the June 
25, 2010 and May 3, 2011 petitions, submitted by Zen-Noh Grain 
Corporation (``Zen-Noh'' or ``Petitioner'') to object to the May 24, 
2010 and January 27, 2011, operating permits issued to Consolidated 
Environmental Management, Inc.--Nucor Steel Louisiana (``Nucor'') in 
Saint James Parish, Louisiana. Pursuant to sections 307(b) and 
505(b)(2) of the Clean Air Act (CAA), a petition for judicial review of 
those parts of the Order that deny issues in the petition may be filed 
in the United States Court of Appeals for the appropriate circuit 
within 60 days from the date this notice appears in the Federal 
Register.

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.
    EPA requests that if at all possible, you contact the individual 
listed in the FOR FURTHER INFROMATION CONTACT section to view copies of 
the final Order, petition, and other supporting information. You may 
view the hard copies Monday through Friday, from 9 a.m. to 3 p.m., 
excluding Federal holidays. If you wish to examine these documents, you 
should make an appointment at least 24 hours before the visiting day. 
Additionally, the final Order for the Consolidated Environmental 
Management, Inc.--Nucor Steel Louisiana (``Nucor'') is available 
electronically at: http://www.epa.gov/region07/air/title5/petitiondb/petitions/nucor_steel_response_2012_zennoh.pdf.

FOR FURTHER INFORMATION CONTACT: Dinesh Senghani at (214) 665-7221, 
email address: [email protected] or the above EPA, Region 6 
address.

SUPPLEMENTARY INFORMATION: The CAA affords EPA a 45-day period to 
review, and object to as appropriate, a Title V operating permit 
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 a Title V 
operating permit 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 issue 
arose after this period.
    EPA received two petitions from the Petitioners dated June 25, 2010 
and May 3, 2011, requesting that EPA object to the issuance of the 
Title V operating permits to Consolidated Environmental Management, 
Inc.--Nucor Steel Louisiana (``Nucor''), for the operation of the Pig 
Iron and Direct Reduced Iron (DRI) manufacturing facility in Saint 
James Parish, Louisiana for the following reasons:
    In the 2010 Petition for the pig iron title V permit, the 
Petitioner makes the following claims: (1) The Best Achievable Control 
Technology (``BACT'') determinations are unsupported and inadequate 
under the Prevention of Significant Deterioration program (``PSD'') and 
Louisiana's State Implementation Plan (``SIP''); (2) LDEQ failed to 
require BACT for major sources of pollutants; (3) LDEQ failed to 
require reliable ambient air quality modeling to ensure that the 
facility's emissions will not cause an exceedance of a National Ambient 
Air Quality Standard (NAAQS) or PSD increment; (4) LDEQ unlawfully 
issued the permits without requiring preconstruction monitoring for 
particulate matter less than 10 microns (PM10), sulfur 
dioxide (SO2), hydrogen sulfide (H2S), total 
reduced sulfur (TRS) and sulfuric acid mist; and (5) LDEQ unlawfully 
issued the pig iron PSD permit without providing the required 
opportunity for public participation in the decision-making process.
    In the 2011 Petition for the modified title V pig iron permit and 
for the DRI title V permit, the Petitioner makes the following claims: 
(1) Permitting construction of the DRI process and pig iron process as 
separate projects unlawfully circumvents the requirements of PSD and 
the Louisiana SIP; (2) The ambient air quality analysis to demonstrate 
compliance with the nitrogen dioxide (``NO2'') NAAQS 
unlawfully relied on the elimination of heat recovery steam generator 
(``HRSG'') bypass vents on the coke ovens and installation of selective 
catalytic reduction (``SCR'') control devices on pig iron emission 
units, even though these emission reductions are not federally 
enforceable; (3) Authorizing installation of SCR control devices by way 
of the modified pig iron title V permit violates PSD and the SIP 
because SCR will significantly increase emissions of sulfuric acid 
mist; (4) LDEQ violated PSD and the SIP by issuing the DRI permits 
without preconstruction ambient air quality monitoring; (5) The DRI 
permits violate PSD and the SIP because the DRI PSD permit does not 
include BACT determinations with specific emission limitations and 
compliance provisions; therefore, the DRI title V permit does not 
incorporate all applicable requirements; (6) LDEQ violated PSD and the 
SIP by issuing the DRI permits and the modified pig iron title V permit 
without a BACT emission limitation for particulate matter less than 2.5 
microns (PM2.5); and (7) the BACT determinations in the DRI 
PSD permit do not comply with the requirements of PSD and the SIP.
    On March 23, 2012, the Administrator issued an order granting both 
petitions. The order explains the reasons behind EPA's conclusion to 
grant these petitions.

    Dated: April 12, 2012.
Al Armendariz,
Regional Administrator, Region 6.
[FR Doc. 2012-9728 Filed 4-20-12; 8:45 am]
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