[Federal Register Volume 84, Number 85 (Thursday, May 2, 2019)]
[Notices]
[Page 18842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08976]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9993-06-Region 5]


Clean Air Act Operating Permit Program; Petition for Objection to 
State Operating Permit for Cargill, Inc.

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final order on petition to object to Clean Air Act 
title V operating permit.

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SUMMARY: The Environmental Protection Agency (EPA) Administrator signed 
an Order dated March 20, 2019, denying a petition dated July 11, 2014 
from Michelle Ford (Petitioner). The Petitioner requested that EPA 
object to a Clean Air Act (CAA) title V operating permit issued by the 
Illinois Environmental Protection Agency (IEPA) to Cargill, Inc. 
(Cargill) for its Bloomington, Illinois, soybean processing facility.

ADDRESSES: EPA requests that you contact the individual listed in the 
FOR FURTHER INFORMATION CONTACT section to view copies of the final 
Order, the Petition, and other supporting information. You may review 
copies of the final Order, the Petition, and other supporting 
information at the EPA Region 5 Office, 77 W Jackson Blvd., Chicago, 
Illinois 60604. You may view the hard copies Monday through Friday, 
from 9 a.m. to 4 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 and 
Petition are available electronically at: https://www.epa.gov/title-v-operating-permits/title-v-petition-database.

FOR FURTHER INFORMATION CONTACT: David Ogulei, Environmental Engineer, 
Air Permits Section, Air Programs Branch (AR-18J), Environmental 
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, 
Illinois 60604, (312) 353-0987, [email protected].

SUPPLEMENTARY INFORMATION: The CAA affords EPA a 45-day period to 
review, and object, as appropriate, to title V operating permits 
proposed by State permitting authorities. Section 505(b)(2) of the CAA 
authorizes any person to petition the EPA Administrator within 60 days 
after the expiration of the EPA review period to object to a title V 
operating permit if EPA has not done so 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 issues during the comment period, or the grounds 
for the issues arose after this period.
    On July 11, 2014, the Petitioner submitted a petition requesting 
that EPA object, pursuant to section 505(b)(2) of the CAA and 40 CFR 
70.8(d), to the title V permit that IEPA issued on April 21, 2014 to 
Cargill for its Bloomington, Illinois, soybean processing facility. The 
Petitioner alleged that (1) the permit contains vague and undefined 
terms, including ``properly operated,'' ``reasonable steps,'' 
``reasonable times,'' ``any records,'' ``other parameters,'' ``standard 
test methods,'' and an unclear date for when EPA notice started, among 
others; (2) the inspection provisions of the permit are inadequate 
because Cargill is forewarned of any inspections, may delay 
inspections, and has ample opportunity to correct any issues that would 
be found during inspection; (3) the permit improperly authorizes 
Cargill to operate ``outdated'' pre-1973 equipment and does not mandate 
upgrades to equipment to ensure compliance with permit limits; (4) the 
monitoring and control requirements of the permit are insufficient to 
address the facility's alleged historical violations of particulate 
matter emission limits; (5) the permit's recordkeeping requirements are 
inadequate because they do not require daily recordkeeping of the 
amount of grain processed; and (6) area residents' health, property and 
quality of life, including the ability to open windows or enjoy their 
property outdoors, have been severely impacted by Cargill's continued 
operation.
    On March 20, 2019, the Administrator issued an order denying the 
petition. The order explains the basis for EPA's decision.
    Sections 307(b) and 505(b)(2) of the CAA provide that a petitioner 
may request judicial review of those portions of an order that deny 
issues in a petition. Any petition for review of the Administrator's 
March 20, 2019 Order shall be filed in the United States Court of 
Appeals for the appropriate circuit no later than July 1, 2019.

    Dated: April 18, 2019.
Cathy Stepp,
Regional Administrator, Region 5.
[FR Doc. 2019-08976 Filed 5-1-19; 8:45 am]
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