[Federal Register Volume 85, Number 122 (Wednesday, June 24, 2020)]
[Notices]
[Pages 37944-37945]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13634]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-10010-92-Region 5]


Clean Air Act Operating Permit Program; Petition for Objection to 
State Operating Permit for Riverview Energy Corporation; Petition for 
Objection to State Operating Permit for ESSROC Cement Corporation

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final orders on petitions for objection to two Clean 
Air Act title V operating permits.

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SUMMARY: The Environmental Protection Agency (EPA) Administrator signed 
an Order dated March 26, 2020, denying a Petition dated August 6, 2019 
from Southwestern Indiana Citizens for Quality of Life, Inc. and Valley 
Watch, Inc. The Petition requested that EPA object to a Clean Air Act 
(CAA) title V operating permit issued by the Indiana Department of 
Environmental Management (IDEM) to Riverview Energy Corporation for its 
direct coal hydrogenation facility located in Dale, Spencer County, 
Indiana. The EPA Administrator also signed an Order dated April 1, 
2020, denying a Petition dated January 4, 2017 from Vicki L. 
Whittinghill. The Petition requested that EPA object to a CAA title V 
operating permit issued by IDEM to ESSROC Cement Corporation for its 
Portland cement manufacturing plant located in Clark County, Indiana.

ADDRESSES: The final Orders, the Petitions, and other supporting 
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 Michael 
Langman, Environmental Scientist, at (312) 886-6867 before visiting the 
Region 5 office. Additionally, the final Orders and Petitions are 
available electronically at: https://www.epa.gov/title-v-operating-permits/title-v-petition-database.

[[Page 37945]]


FOR FURTHER INFORMATION CONTACT: Michael Langman, Environmental 
Scientist, Air Permits Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 886-6867, [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.

Riverview Energy Corporation

    EPA received the Petition from Southwestern Citizens for Quality of 
Life, Inc. and Valley Watch, Inc., dated August 6, 2019, requesting 
that EPA object to the issuance of operating permit no. 147-39554-00065 
issued by IDEM to Riverview Energy Corporation in Dale, Spencer County, 
Indiana. The Petition alleged that the permit does not correct issues 
identified in EPA Region 5's comments on the draft permit, that IDEM 
issued the permit without sufficient information to evaluate the 
source's air pollution consequences, that the permit is based on 
deficient and incorrect emissions calculations that preclude accurate 
modeling results, that the permit's air quality modeling is deficient 
and inaccurate, that the permit does not require best available control 
technology for certain regulated pollutants, that flaring monitoring 
and reporting requirements do not comply with title V requirements, and 
that the permit violated public participation requirements.
    On March 26, 2020, the EPA Administrator issued an Order denying 
the Petition. The Order explains the basis for EPA's decision.

ESSROC Cement Corporation

    EPA received the Petition from Vicki L. Whittinghill dated January 
4, 2017, requesting that EPA object to the issuance of operating permit 
no. 019-35535-00008, issued by IDEM to ESSROC Cement Corporation in 
Clark County, Indiana. The Petition presented concerns regarding the 
use of liquid waste derived fuel in the combustion zone of the 
facility's cement kiln.
    On April 1, 2020, the EPA Administrator issued an Order 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 shall be filed in the 
United States Court of Appeals for the appropriate circuit no later 
than August 24, 2020.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: June 18, 2020.
Kurt Thiede,
Regional Administrator, Region 5.
[FR Doc. 2020-13634 Filed 6-23-20; 8:45 am]
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