[Federal Register Volume 82, Number 234 (Thursday, December 7, 2017)]
[Notices]
[Page 57750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26400]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-9970-84-Region 6]
Clean Air Act Operating Permit Program; Petitions for Objection
to State Operating Permit for Big River Steel, LLC, Osceola, Arkansas
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of final action.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the Clean Air Act (CAA), the EPA Administrator
signed an Order, dated October 31, 2017, denying a petition asking EPA
to object to the operating permit issued by the Arkansas Department of
Environmental Quality (ADEQ) to Big River Steel, LLC (Big River) for
its Steel Mill. Title V operating permit number 2305-AOP-R0 was issued
on September 18, 2013, by the ADEQ to Big River for a new steel mill in
Osceola, Mississippi County, Arkansas. EPA's October 31, 2017, Order
responds to a petition submitted on October 9, 2013 by the Nucor Steel-
Arkansas and Nucor-Yamato Steel Company (the Petitioners), pursuant to
the Clean Air Act (CAA or Act). The Act provides that a petitioner may
ask for judicial review of those portions of the Orders that deny
objections raised in the petitions in the appropriate United States
Court of Appeals. Any petition for review shall be filed within 60 days
from the date this notice appears in the Federal Register, pursuant to
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.
EPA requests that if at all possible, you contact the individual
listed in the FOR FURTHER INFORMATION CONTACT section to view copies of
the final Order, petition, and other supporting information. You may
view the hard copies Monday through Friday, from 9:00 a.m. to 3:00
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 October 31, 2017, Order is
available electronically at: https://www.epa.gov/sites/production/files/2017-10/documents/big_river_steel_response2013.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, as appropriate, to a title V operating permit
proposed by a state permitting authority. Sections 307(b) and 505(b)(2)
of the CAA, 42 U.S.C. 7661d(b)(2), and 40 CFR 70.8(d) 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 unless the grounds for the issue arose
after this period.
EPA received the petition from the Petitioners on October 9, 2013,
for the operating permit issued on September 18, 2013, to Big River
Steel, LLC located in Osceola, Mississippi County, Arkansas.
The Petitioner requests that the Administrator object to the
proposed operating permit issued by the ADEQ to Big River based on
twelve claims. The claims are described in detail in Section IV of the
Order. In summary, the issues raised are that: (1) ADEQ conducted an
inadequate review of background air quality data; (2) the
PM2.5 modeling is deficient because it excluded certain
areas from the analysis; (3) the PM2.5 modeling is deficient
because ADEQ failed to include secondary formation of PM2.5,
and instead only included PM2.5 directly emitted by the
facility; (4) ADEQ'S air quality impacts analysis for PM2.5
NAAQS was inadequate because there are discrepancies among different
modeled PM2.5 annual impact values in or associated with the
PM2.5 modeling.; (5) ADEQ and Big River failed to properly
carry out an additional impacts analysis; (6) the emission factors for
natural gas combustion used to issue the Draft Permit are conflicting;
(7) Big River did not adequately demonstrate the basis for its proposed
PM2.5 emission factors; (8) the Big River facility design
was incomplete in critical ways that affected the validity of air
quality modeling; (9) the permit does not contain enforceable permit
conditions that lead to compliance; (10) the Permit does not contain
adequate monitoring, recordkeeping, and reporting requirements to
comply with the requirements of 40 CFR 70.6(a)(3)(i)(B) because it does
not provide for a test method; (11) the Permit does not appropriately
establish BACT requirements; and (12) ADEQ's Draft Permit does not
comply with public notice and participation requirements. The Order
issued on October 31, 2017, responds to the Petition and explains the
basis for EPA's decision.
Dated: December 1, 2017.
Samuel Coleman,
Acting Regional Administrator, Region 6.
[FR Doc. 2017-26400 Filed 12-6-17; 8:45 am]
BILLING CODE 6560-50-P