[Federal Register Volume 88, Number 50 (Wednesday, March 15, 2023)]
[Notices]
[Page 16004]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05276]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-OAR-2023-0139; FRL-10755-01-R7]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final Order on Petition for objection to Clean Air 
Act title V operating permit.

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SUMMARY: The Environmental Protection Agency (EPA) Administrator signed 
an Order dated February 16, 2023, granting in part and denying in part 
a Petition dated August 8, 2022 from Cargill, Inc. The Petition 
requested that the EPA object to a Clean Air Act (CAA) title V 
operating permit issued by the Nebraska Department of Environment and 
Energy (NDEE) to Cargill, Incorporated--Blair Facility for its corn wet 
milling facility located in Blair, Washington County, Nebraska.

ADDRESSES: The 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 7 Office, 11201 Renner Boulevard, Lenexa, 
Kansas 66219. 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 and Petition are 
available electronically at: https://www.epa.gov/title-v-operating-permits/title-v-petition-database.

FOR FURTHER INFORMATION CONTACT: Ward Burns, EPA Region 7, telephone 
number: (913) 551-7960, email address: [email protected].

SUPPLEMENTARY INFORMATION: The CAA affords the 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 the EPA's 45-day review period if the 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 EPA received the Petition from Adam M. Kushner, Partner, Hogan 
Lovells US, LLP, on behalf of Cargill, Incorporated dated August 8, 
2022, requesting that the EPA object to the issuance of operating 
permit no. OP96S1-001, issued by NDEE to Cargill, Incorporated--Blair 
Facility in Blair, Washington County, Nebraska. The Petition alleged 
that:
    Claim A: The Permit is not in compliance with the CAA because NDEE 
exceeds its authority under the CAA and with 40 CFR part 70 in imposing 
new scrubber liquid temperature control and monitoring requirements 
that are not necessary to assure compliance;
    Claim B: The permit is not in compliance with title V because NDEE 
exceeds its authority under the CAA and part 70 in imposing new 
substantive requirements in the form of scrubber liquid temperature 
control requirements, and NDEE's decision to do so is arbitrary and 
capricious and unsupported in the record;
    Claim C: The permit is not in compliance with the title V because 
NDEE exceeds its authority under the CAA in imposing new substantive 
requirements in the form of ``alternative'' VOC/HAPs inlet testing and 
compliance demonstration requirements, and NDEE's decision to do so is 
arbitrary and capricious and unsupported in the record;
    Claim D: NDEE's rationales for imposing additional requirements 
despite the terms agreed-upon in the consent decree are arbitrary and 
capricious and lack support in the record;
    Claim E: NDEE fails to identify sources of authority that would 
justify the imposition of new substantive requirements and NDEE does 
not satisfy the threshold requirement for imposing supplemental 
monitoring requirements;
    Claim F: NDEE improperly seeks to use the title V permitting 
process to circumvent rulemaking requirements;
    Claim G: NDEE improperly relies on `guidance' that is procedurally 
and substantively flawed;
    Claim H: NDEE's procedure for issuing the permit was flawed because 
NDEE fails to respond to all significant comments and thus did not 
comply with title V or its regulations;
    Claim I: Errata: NDEE's inconsistent language regarding Compliance 
Assurance Monitoring (``CAM'') plans creates regulatory uncertainty;
    Claim J: EPA's review of the permit in response to the Petition is 
. . . Distinct From its Prior Review During the Comment Period.
    On February 16, 2023, the EPA Administrator issued an Order 
granting in part and denying in part the Petition. The Order explains 
the basis for the 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 shall be filed in the 
United States Court of Appeals for the appropriate circuit no later 
than May 15, 2023.

    Dated: March 9, 2023.
Meghan A. McCollister,
Regional Administrator, Region 7.
[FR Doc. 2023-05276 Filed 3-14-23; 8:45 am]
BILLING CODE 6560-50-P