[Federal Register Volume 69, Number 114 (Tuesday, June 15, 2004)]
[Proposed Rules]
[Page 33343]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-13408]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 70

[FRL-7773-3]


Clean Air Act Operating Permit Program; Petition for Objection to 
Proposed State Operating Permit for Shintech, Inc. and Its Affiliates 
Polyvinyl Chloride (PVC) Plant, Addis, West Baton Rouge Parish, LA

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final order on petition to object to State operating 
permit.

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SUMMARY: This notice announces that the EPA Administrator has denied a 
petition to object to a State operating permit issued by the Louisiana 
Department of Environmental Quality for Shintech, Inc. and its 
Affiliates (Shintech) PVC plant in Addis, West Baton Rouge Parish, 
Louisiana. Pursuant to section 505(b)(2) of the Clean Air Act (Act), 
the Petitioners may seek judicial review of those portions of the 
petition which EPA denied in the United States Court of Appeals for the 
appropriate circuit within 60 days of this decision under 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, TX 75202-2733. If you wish to examine these documents, you 
should make an appointment at least 24 hours before visiting day. The 
final order is also available electronically at the following address: 
http://kodiak.r07.epa.gov/region07/programs/artd/air/title5/petitiondb/petitions/shintech_decision1999.pdf.

FOR FURTHER INFORMATION CONTACT: Mr. Rick Barrett, Air Permits Section, 
Multimedia Planning and Permitting Division, EPA, Region 6, 1445 Ross 
Avenue, Dallas, TX 75202-2733, telephone (214) 665-7227, or e-mail at 
[email protected].

SUPPLEMENTARY INFORMATION: The Act affords EPA a 45-day period to 
review, and object to as appropriate, operating permits proposed by 
State permitting authorities. Section 505(b)(2) of the Act authorizes 
any person to petition the EPA Administrator within 60 days after the 
expiration of this review period to object to State operating permits 
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 issues arose after this period.
    On August 31, 1999, Ms. Marylee Orr, on behalf of the Alliance 
Against Waste and Action to Restore the Environment and the Louisiana 
Environmental Action Network (petitioner), petitioned EPA to object to 
the issuance of a permit to Shintech Inc. and its Affiliates 
(Shintech). The petition raised six objections to the Shintech permit: 
(1) The permit will inhibit reasonable further progress in the Baton 
Rouge ozone nonattainment area, and as such, is not in accordance with 
the Act; (2) the most recent State Implementation Plan dated January 2, 
1997, fails to meet the requirements of section 182(c)(2)(A) of the Act 
in that it fails to provide for attainment of the ozone standard by the 
applicable attainment date; (3) although the proposed plant is 
considered a minor source, it will become a major source when the area 
is reclassified to severe,\1\ and thus should be required to meet the 
prevention of significant deterioration and reasonably available 
control technology requirements now because it is easier to apply these 
requirements prior to construction than after operation begins; (4) 
certain emission calculations in the permit application are incorrect; 
(5) the proposed permit does not meet the appropriate maximum 
achievable control technology standards; and (6) EPA Region 6 
management failures.
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    \1\ The Baton Rouge nonattainment area was recently reclassified 
as a severe nonattainment area for ozone. 68 FR 20077 (April 24, 
2003).
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    On July 3, 2003, the Administrator issued an order denying the 
petition. The order explains the reasons for the Administrator's 
decision.

    Dated: May 28, 2004.
Richard E. Greene,
Regional Administrator, Region 6.
[FR Doc. 04-13408 Filed 6-14-04; 8:45 am]
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