24200 Federal Register / Vol. 77, No. 78 / Monday, April 23, 2012 / Notices 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9663–7] 

Clean Air Act Operating Permit 

Program; Petitions for Objection to 

State Operating Permits for 

Consolidated Environmental 

Management, Inc.—Nucor Steel 

Louisiana 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of final action. 

SUMMARY: This document announces 

that the EPA Administrator has 

responded to citizen petitions asking 

EPA to object to operating permits 

(Permit No. 2560–0028–V0, Permit No. 

3086–V0, and Permit No. 2560–0028– 

V1) issued by the Louisiana Department 

of Environmental Quality (LDEQ). 

Specifically, the Administrator has 

granted the June 25, 2010 and May 3, 

2011 petitions, submitted by Zen-Noh 

Grain Corporation (‘‘Zen-Noh’’ or 

‘‘Petitioner’’) to object to the May 24, 

2010 and January 27, 2011, operating 

permits issued to Consolidated 

Environmental Management, Inc.— 

Nucor Steel Louisiana (‘‘Nucor’’) in 

Saint James Parish, Louisiana. Pursuant 

to sections 307(b) and 505(b)(2) of the 

Clean Air Act (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 

appears in the Federal Register. 

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 INFROMATION 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 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 for the Consolidated 

Environmental Management, Inc.— 

Nucor Steel Louisiana (‘‘Nucor’’) is 

available electronically at: http:// 

www.epa.gov/region07/air/title5/ 

petitiondb/petitions/ 

nucor_steel_response_2012_zennoh.pdf. 

FOR FURTHER INFORMATION CONTACT: 

Dinesh Senghani at (214) 665–7221, 

email address: senghani.dinesh@epa.gov 

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 Act 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 two petitions from the 

Petitioners dated June 25, 2010 and May 

3, 2011, requesting that EPA object to 

the issuance of the Title V operating 

permits to Consolidated Environmental 

Management, Inc.—Nucor Steel 

Louisiana (‘‘Nucor’’), for the operation 

of the Pig Iron and Direct Reduced Iron 

(DRI) manufacturing facility in Saint 

James Parish, Louisiana for the 

following reasons: 

In the 2010 Petition for the pig iron 

title V permit, the Petitioner makes the 

following claims: (1) The Best 

Achievable Control Technology 

(‘‘BACT’’) determinations are 

unsupported and inadequate under the 

Prevention of Significant Deterioration 

program (‘‘PSD’’) and Louisiana’s State 

Implementation Plan (‘‘SIP’’); (2) LDEQ 

failed to require BACT for major sources 

of pollutants; (3) LDEQ failed to require 

reliable ambient air quality modeling to 

ensure that the facility’s emissions will 

not cause an exceedance of a National 

Ambient Air Quality Standard (NAAQS) 

or PSD increment; (4) LDEQ unlawfully 

issued the permits without requiring 

preconstruction monitoring for 

particulate matter less than 10 microns 

(PM10), sulfur dioxide (SO2), hydrogen 

sulfide (H2S), total reduced sulfur (TRS) 

and sulfuric acid mist; and (5) LDEQ 

unlawfully issued the pig iron PSD 

permit without providing the required 

opportunity for public participation in 

the decision-making process. 

In the 2011 Petition for the modified 

title V pig iron permit and for the DRI 

title V permit, the Petitioner makes the 

following claims: (1) Permitting 

construction of the DRI process and pig 

iron process as separate projects 

unlawfully circumvents the 

requirements of PSD and the Louisiana 

SIP; (2) The ambient air quality analysis 

to demonstrate compliance with the 

nitrogen dioxide (‘‘NO2’’) NAAQS 

unlawfully relied on the elimination of 

heat recovery steam generator (‘‘HRSG’’) 

bypass vents on the coke ovens and 

installation of selective catalytic 

reduction (‘‘SCR’’) control devices on 

pig iron emission units, even though 

these emission reductions are not 

federally enforceable; (3) Authorizing 

installation of SCR control devices by 

way of the modified pig iron title V 

permit violates PSD and the SIP because 

SCR will significantly increase 

emissions of sulfuric acid mist; (4) 

LDEQ violated PSD and the SIP by 

issuing the DRI permits without 

preconstruction ambient air quality 

monitoring; (5) The DRI permits violate 

PSD and the SIP because the DRI PSD 

permit does not include BACT 

determinations with specific emission 

limitations and compliance provisions; 

therefore, the DRI title V permit does 

not incorporate all applicable 

requirements; (6) LDEQ violated PSD 

and the SIP by issuing the DRI permits 

and the modified pig iron title V permit 

without a BACT emission limitation for 

particulate matter less than 2.5 microns 

(PM2.5); and (7) the BACT 

determinations in the DRI PSD permit 

do not comply with the requirements of 

PSD and the SIP. 

On March 23, 2012, the Administrator 

issued an order granting both petitions. 

The order explains the reasons behind 

EPA’s conclusion to grant these 

petitions. 

Dated: April 12, 2012. 

Al Armendariz, 

Regional Administrator, Region 6. 

[FR Doc. 2012–9728 Filed 4–20–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[CERCLA–04–2012–3770, FRL–9663–8] 

American Drum & Pallet, Memphis, 

Shelby County, TN; Notice of 

Settlement 

AGENCY: Environmental Protection 

Agency. 

ACTION: Notice of settlement. 

SUMMARY: Under the Comprehensive 

Environmental Response, Compensation 

and Liability Act (CERCLA), the United 

States Environmental Protection Agency 

has entered into a settlement for 

reimbursement of past response costs 

concerning the American Drum and 

Pallet Superfund Site located in 

Memphis, Shelby County, Tennessee for 

publication. 


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