SUPPLEMENTARY INFORMATION:

The CAA affords the EPA a 45-day period to review and, as appropriate, the authority to object to operating permits proposed by state permitting authorities under title V of the CAA, 42 U.S.C. 7661-7661f. Section 505(b)(2) of the CAA and 40 CFR 70.8(d) authorize 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 the grounds for the issues arose after this period. Pursuant to sections 307(b) and 505(b)(2) of the CAA, a petition for judicial review of those parts of the Order that deny issues in the petition may be filed in the United States Court of Appeals for the appropriate circuit within 60 days from the date this notice is published in the Federal Register .

Petitioners submitted a petition requesting that the EPA object to the proposed CAA title V operating permit no. 03069T36 issued by DAQ to the Permittee. Petitioners' claims include that the permit: fails to include emission limits that assure compliance with the national ambient air quality standards for sulfur dioxide (SO₂) and nitrogen dioxide; and fails to include monitoring, recordkeeping, and reporting provisions to assure compliance with SO₂, particulate matter, and visible emissions limits.

On November 8, 2022, the Administrator issued an Order denying the petition. The Order explains the EPA's bases for denying the petition.

87 FR 78960