[Federal Register: August 11, 2004 (Volume 69, Number 154)]
[Notices]
[Page 48862-48863]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11au04-72]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-7799-9]
Clean Air Act Operating Permit Program; Petitions for Objection
to State Operating Permits for Los Medanos Energy Center and Dow
Chemical Company
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of final orders on petitions to object to two state
operating permits.
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SUMMARY: This notice announces that the EPA Administrator has responded
to two citizen petitions requesting EPA to object to operating permits
issued to two facilities by the Bay Area Air Quality Management
District (``BAAQMD''). Specifically, the Administrator has partially
granted and partially denied a petition submitted by Our Children's
Earth Foundation (``OCE'') and Californians for Renewable Energy, Inc.
(``CARE'') requesting that the Administrator object to the state
operating permit issued to Los Medanos Energy Center (``Los Medanos'')
in Pittsburgh, California; and denied in full a petition submitted by
Communities for a Better Environment (``CBE'') requesting that the
Administrator object to the state operating permit issued to Dow
Chemical (``Dow''), also located in Pittsburgh. This notice also
corrects a non-substantive factual finding in the final order for the
Los Medanos petition that OCE submitted late its comments on the draft
permit to BAAQMD
Pursuant to section 505(b)(2) of the Clean Air Act (ACT), a
petitioner may seek judicial review of any portion of the petition
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.
DATES: Copies of the final orders, petitions, and other supporting
information are available at the Environmental Protection Agency,
Region IX, Air Division, 75 Hawthorne Street, San Francisco, CA 94105.
The final orders are also available electronically at: http://www.epa.gov/region07/programs/artd/air/title5/petitiondb/petitions
.
FOR FURTHER INFORMATION CONTACT: Gerardo Rios, Chief, Air Permits
Office, EPA Region IX, telephone (415) 972-3974, e-mail
r9airpermits@epa.gov.
SUPPLEMENTARY INFORMATION: EPA approves state and local permitting
authorities to administer the operating permit program set forth in
title V of the Clean Air Act, 42 U.S.C. 7661-7661f. BAAQMD administers
a fully approved title V operating permit program. The Clean Air Act
affords EPA the opportunity for a 45-day period to review, and object
to as appropriate, operating permits proposed by 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 state operating permit if EPA has not
done so. Petitions must be based 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.
I. Los Medanos Energy Center
On September 6, 2001, BAAQMD issued a final title V operating
permit to Los Medanos. OCE and CARE (``Petitioners'') submitted a
petition to the Administrator on October 12, 2001, seeking EPA's
objection to BAAQMD's issuance of the Los Medanos permit. The
Petitioners alleged in their petition that the Los Medanos permit (1)
improperly included an emergency breakdown exemption condition that
incorporates a broader definition of ``emergency'' than allowed by 40
CFR 70.6(g); (2) improperly included a variance relief condition which
is not federally enforceable; (3) failed to include a statement of
basis as required by 40 CFR 70.7(a)(5); (4) contained permit conditions
that are inadequate under 40 CFR part 70, namely that certain
provisions are unenforceable; and (5) failed to incorporate certain
changes OCE requested during the
[[Page 48863]]
public comment period and agreed to BAAQMD.
On May 25, 2004, the Administrator issued an order partially
granting and partially denying the petition. The order explains the
reasons behind EPA's conclusion that BAAQMD must reopen the permit to
make available for public and EPA comment an adequate statement of
basis. The order also explains the reasons for denying the Petitioners'
remaining claims.
Through this notice, EPA is also correcting a non-substantive
factual finding in the final Los Medanos order. Footnote 6 of the order
found that OCE had submitted its comments on the draft Los Medanos
permit to BAAQMD after the close of the 30-day public comment period.
After further review, EPA has determined that OCE actually submitted
those comments on time, as OCE submitted its comments on August 1, 2001
and the public comment period ended August 2, 2001.
II. Dow Chemical
On December 1, 2003, BAAQMD issued a final title V operating permit
to Dow. CBE (``Petitioner'') submitted a petition to the Administrator
on January 12, 2004, seeking EPA's objection to BAAQMD's issuance of
the Dow permit. The Petitioner alleged in the petition that EPA must
object to the permit because BAAQMD improperly denied Petitioner's
request for a public hearing.
The Administrator issued an order denying the petition on July 2,
2004. The order explains the reasons behind EPA's finding that the
petitioner failed to demonstrate that the permit was not issued in
compliance with the requirements of the Clean Air Act.
Dated: July 26, 2004.
Wayne Nastri,
Regional Administrator, Region 9.Region 9.
[FR Doc. 04-18381 Filed 8-10-04; 8:45 am]
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