[Federal Register Volume 78, Number 22 (Friday, February 1, 2013)]
[Notices]
[Page 7428]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-02229]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-9775-1]
Clean Air Act Operating Permit Program; Petition for Objection to
State Operating Permit for Noranda Alumina, LLC
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of final action.
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SUMMARY: This document announces that the EPA Administrator has
responded to a citizen petition asking EPA to object to an operating
permit (Permit Number 2453-V2) issued by the Louisiana Department of
Environmental Quality (LDEQ). Specifically, the Administrator has
denied the March 28, 2011 petition, submitted by the Louisiana
Environmental Action Network (LEAN), Sierra Club, and O'Neil Couvillion
(the Petitioners), to object to the operating permit issued on February
15, 2011 to Noranda Alumina, LLC, for the operation of the alumina
production plant located in Gramercy, St James Parish, Louisiana.
Sections 307(b) and 505(b)(2) of the Act provide that a petitioner may
ask for judicial review of those portions of the petition which EPA
denies in the United States Court of Appeals for the appropriate
circuit. Any petition for review shall be filed within 60 days from the
date this notice appears in the Federal Register, pursuant to section
307 of 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 Order for Noranda Alumina LLC is
available electronically at: http://www.epa.gov/region07/air/title5/petitiondb/petitions/noranda_response2011.pdf.
FOR FURTHER INFORMATION CONTACT: Brad Toups at (214) 665-7258, 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 to as appropriate, a Title V operating permit
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 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 the grounds for the issue
arose after this period.
EPA received a petition from the Petitioners dated March 28, 2011,
requesting that EPA object to the issuance of the Title V operating
permit to Noranda Alumina LLC (Noranda), for the operation of the
alumina production plant in Gramercy, St. James Parish, Louisiana for
the following reasons: (1) The Title V Permit fails to incorporate
applicable PSD requirements because: LDEQ violated the PSD public
participation requirements; certain stack tests show the NOX
emissions exceed PSD thresholds, yet the Title V Permit fails to
include applicable PSD requirements for NOX emissions; LDEQ
failed to support its conclusion that emissions from the yield
improvement project do not trigger PSD review; and LDEQ failed to apply
Best Available Control Technology to NOX emissions from the
yield improvement project; (2) LDEQ failed to include emission limits
for PM2.5 emissions; and (3) the Title V Permit fails to
include a case-specific Maximum Achievable Control Technology Standard
for Noranda's Industrial Boilers.
On December 14, 2012, the Administrator issued an Order denying the
petition. The Order explains the reasons behind EPA's conclusion to
deny the petition.
Dated: January 17, 2013.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2013-02229 Filed 1-31-13; 8:45 am]
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