Notice2023-05276
Clean Air Act Operating Permit Program; Petition for Objection to State Operating Permit for Cargill, Inc., Blair Facility
Primary source
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Published
March 15, 2023
Issuing agencies
Environmental Protection Agency
Abstract
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.
Full Text
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<title>Federal Register, Volume 88 Issue 50 (Wednesday, March 15, 2023)</title>
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[Federal Register Volume 88, Number 50 (Wednesday, March 15, 2023)]
[Notices]
[Page 16004]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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: <a href="https://www.epa.gov/title-v-operating-permits/title-v-petition-database">https://www.epa.gov/title-v-operating-permits/title-v-petition-database</a>.
FOR FURTHER INFORMATION CONTACT: Ward Burns, EPA Region 7, telephone
number: (913) 551-7960, email address: <a href="/cdn-cgi/l/email-protection#ef8d9a9d819cc1988e9d8baf8a9f8ec1888099"><span class="__cf_email__" data-cfemail="630116110d104d14021107230613024d040c15">[email protected]</span></a>.
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
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