[Federal Register: November 24, 2004 (Volume 69, Number 226)]
[Notices]               
[Page 68350]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24no04-73]                         

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ENVIRONMENTAL PROTECTION AGENCY

[Petition IV-2003-1; FRL-7842-2]

 
Clean Air Act Operating Permit Program; Petition for Objection to 
State Operating Permit for Hercules, Inc.; Brunswick (Glynn County), GA

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final order on petition to object to a state 
operating permit.

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SUMMARY: Pursuant to section 505(b)(2) of the Clean Air Act (the Act) 
and 40 CFR 70.8(d), the EPA Administrator signed an order, dated 
November 10, 2004, denying a petition to object to a state operating 
permit issued by the Georgia Environmental Protection Division (EPD) to 
Hercules, Inc. (Hercules) located in Brunswick, Glynn County, Georgia. 
This order constitutes final action on the petition submitted by the 
Glynn Environmental Coalition and the Center for a Sustainable Coast 
(Petitioners). Pursuant to section 505(b)(2) of the Act, any person may 
seek judicial review in the United States Court of Appeals for the 
appropriate circuit within 60 days of this notice under section 307 of 
the Act.

ADDRESSES: Copies of the final order, the petition, and all pertinent 
information relating thereto are on file at the following location: EPA 
Region 4, Air, Pesticides and Toxics Management Division, 61 Forsyth 
Street SW., Atlanta, Georgia 30303-8960. The final order is also 
available electronically at the following address: http://www.epa.gov/region7/programs/artd/air/title5/petitiondb/petitions/
 hercules--

decision2003.pdf.

FOR FURTHER INFORMATION CONTACT: Art Hofmeister, Air Permits Section, 
EPA Region 4, at (404) 562-9115 or hofmeister.art@epa.gov.

SUPPLEMENTARY INFORMATION: The Act affords EPA a 45-day period to 
review and, as appropriate, to object to operating permits proposed by 
state permitting authorities under title V of the Act, 42 U.S.C. 7661-
7661f. Section 505(b)(2) of the Act 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 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 the grounds for the 
issues arose after this period.
    On January 23, 2003, the Administrator received a petition 
requesting that EPA object to a state title V operating permit issued 
by EPD to Hercules. The Petitioners maintain that the Hercules permit 
is inconsistent with the Act because: (1) The permit fails to include 
all applicable requirements, specifically Georgia Rule 391-3-
1-.02(2)(a)1. and (2) the permit fails to assure compliance with said 
rule.
    On November 10, 2004, the Administrator issued an order denying 
this petition. The order explains the reasons behind EPA's conclusion 
that the Petitioners failed to demonstrate that the Hercules permit is 
not in compliance with the requirements of the Act on the grounds 
raised.

    Dated: November 18, 2004.
J.I. Palmer, Jr.,
Regional Administrator, Region 4.
[FR Doc. 04-26080 Filed 11-23-04; 8:45 am]

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