[Federal Register Volume 74, Number 89 (Monday, May 11, 2009)]
[Notices]
[Pages 21803-21804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-10966]


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 ENVIRONMENTAL PROTECTION AGENCY

[FRL-8903-2]


Clean Air Act Operating Permit Program; Petition for Objection to 
State Operating Permit for CEMEX, Inc.--Lyons Cement Plant

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 issued by the Colorado Department of Public Health and 
Environment (CDPHE). Specifically, the Administrator has partially 
granted and partially denied the March 21, 2008 petition, submitted by 
Rocky Mountain Clean Air Action (Petitioner), to object to the March 1, 
2008 operating permit issued to CEMEX, Inc. to operate the Lyons Cement 
Plant.
    Pursuant to section 505(b)(2) of the Clean Air Act (Act), 
Petitioners may seek judicial review of those portions of the 
petitions, which EPA denied 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 the EPA Region 8 Office, 1595 Wynkoop 
Street, Denver, Colorado 80202-1129. EPA requests that if at all 
possible, you contact the individual listed in the FOR FURTHER 
INFORMATION CONTACT section to view the copies of the final order, the 
petition, and other supporting information. You may view the hard 
copies Monday through Friday, 8 a.m. to 4 p.m., excluding Federal 
holidays. If you wish to examine these documents, you should make an 
appointment at least 24 hours before visiting day. Additionally, the 
final order for CEMEX, Inc, is available electronically at: http://www.epa.gov/region07/programs/artd/air/title5/petitiondb/petitions/cemex_response2009.pdf

FOR FURTHER INFORMATION CONTACT: Donald Law, Office of Partnerships and 
Regulatory Assistance, EPA, Region 8, 1595 Wynkoop Street, Denver, 
Colorado 80202-1129, (303) 312-7015, <a href="/cdn-cgi/l/email-protection#b6dad7c198d2d9d8d7dad2f6d3c6d798d1d9c0"><span class="__cf_email__" data-cfemail="1975786e377d767778757d597c6978377e766f">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The Act affords EPA a 45-day period to 
review, and object to as appropriate, a Title V operating permit 
proposed by State

[[Page 21804]]

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 issues arose after 
this period.
    On March 21, 2008, EPA received a petition from Rocky Mountain 
Clean Air Action requesting that EPA object to the issuance of the 
Title V operating permit to CEMEX, Inc. for the operation of the Lyons 
Cement Plant. First, the Petitioner alleges that the CEMEX, Inc. Lyons 
Cement Plant modified the Plant without including emission limits and 
standards that represent Best Achievable Control Technology (BACT) and 
Lowest Achievable Emission Rate (LAER) consistent with the Prevention 
of Significant Deterioration (PSD) and the Nonattainment New Source 
Review (NA NSR) provisions. In addition, the Petitioner alleges that 
the Title V permit fails to include a compliance plan to bring the 
plant into compliance with emission limits that represent BACT and 
LAER. The Petitioner alleges a compliance plan is necessary and cites 
to the Notice of Violation (NOV) EPA issued to CEMEX on March 28, 2007. 
EPA issued the NOV to CEMEX alleging violations, in part, of 
regulations for PSD and NA NSR. Second, the Petitioner raises several 
allegations of PSD and NSR violations in addition to those alleged in 
the EPA NOV. Specifically, Petitioner alleged that there were six kiln 
modifications and three dryer modifications that violated PSD and NA 
NSR requirements.
    On April 20, 2009, the Administrator issued an order partially 
granting and partially denying the petition. The order explains the 
reasons behind EPA's conclusion to partially grant and partially deny 
the petition for objection.

    Dated: May 1, 2009.
Stephen S. Tuber,
Acting Regional Administrator, Region 8.
[FR Doc. E9-10966 Filed 5-8-09; 8:45 am]
BILLING CODE 6560-50-P


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