[Federal Register Volume 87, Number 63 (Friday, April 1, 2022)]
[Notices]
[Pages 19087-19088]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06877]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9652-01-R5]


Clean Air Act Operating Permit Program; Petition for Objection To 
State Significant Operating Permit Modification for BP Products North 
America, Inc. Whiting Business Unit, Lake County, Indiana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final Order on petition for objection to a Clean Air 
Act title V significant operating permit modification.

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SUMMARY: The Environmental Protection Agency (EPA) Administrator signed 
an Order dated March 4, 2022, partially granting and partially denying 
a petition dated July 22, 2021 (Petition), from the Environmental 
Integrity Project and the Hoosiers Chapter of the Sierra Club (the 
Petitioners). The Petition requested that EPA object to a significant 
modification to a Clean Air Act (CAA) title V operating permit issued 
by the Indiana Department of Environmental Management (IDEM), to BP 
Products North America, Inc. Whiting Business Unit (BP Whiting), 
located in Lake County, Indiana.

ADDRESSES: The final Order, the Petition, and other supporting

[[Page 19088]]

information are available for public inspection during normal business 
hours at the following address: U.S. Environmental Protection Agency, 
Region 5, Air and Radiation Division, 77 West Jackson Boulevard, 
Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30 
p.m., Monday through Friday, excluding Federal holidays and facility 
closures due to COVID-19. We recommend that you telephone Beth 
Valenziano at (312) 886-2703 before visiting the Region 5 office. 
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: Beth Valenziano, Air Permits Section, 
Air Programs Branch (AR-18J), Environmental Protection Agency, Region 
5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-2703, 
[email protected].

SUPPLEMENTARY INFORMATION: The CAA affords EPA a 45-day period to 
review and object to, as appropriate, operating permits proposed by 
state permitting authorities under title V of the CAA. Section 
505(b)(2) of the CAA authorizes 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 unless the grounds for the issues arose 
after this period.
    The Petition from the Petitioners requesting that EPA object to the 
issuance of significant operating permit modification no. 089-43173-
00453 issued by IDEM to BP Whiting alleged: (1) The significant permit 
modification fails to assure compliance with 326 IAC 6.8-2-6(a) of the 
Indiana State Implementation Plan, which applies to all emissions of 
particulate matter smaller than 10 microns (PM10) from each 
boiler stack; (2) the 494.99 ton PM10 limit is based on 
maximum firing rates for the boilers and duct burners that cannot be 
achieved in practice; (3) the emission rates used to quantify 
PM10 emissions from the boilers are flawed and understate 
actual emissions by up to 25 percent; and (4) the significant permit 
modification fails to establish testing, monitoring, or reporting 
requirements adequate to determine or assure compliance with applicable 
requirements, including the proposed 12-month PM10 limit.
    On March 4, 2022, the EPA Administrator issued an Order partially 
granting and partially 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 4, 2022, Order shall be filed in the United States Court of 
Appeals for the appropriate circuit no later than May 31, 2022.
    Authority: 42 U.S.C. 7401 et seq.

    Dated: March 17, 2022.
Debra Shore,
Regional Administrator, Region 5.
[FR Doc. 2022-06877 Filed 3-31-22; 8:45 am]
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