[Federal Register: February 17, 2006 (Volume 71, Number 33)]
[Notices]
[Page 8577-8578]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17fe06-56]
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ENVIRONMENTAL PROTECTION AGENCY
[Regional Docket No. II-2005-01; FRL-8033-5]
Clean Air Act Operating Permit Program; Petition for Objection to
State Operating Permit for Camden County Energy Recovery Associates
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of final order on petition to object to State operating
permit.
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SUMMARY: This document announces that the EPA Administrator has
responded to a joint citizen petition asking EPA to object to the
operating permit issued to Camden County Energy Recovery Associates
(CCERA) by the New Jersey Department of Environmental Protection
(NJDEP). Specifically, the Administrator has partially granted and
partially denied the petition submitted by the Rutgers Environmental
Law Clinic on behalf of various New Jersey Environmental Groups to
object to the CCERA State operating permit.
Pursuant to section 505(b)(2) of the Clean Air Act (Act),
Petitioner may seek judicial review of those portions 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.
ADDRESSES: You may review copies of the final order, the petition, and
other supporting information at the EPA Region 2 Office, 290 Broadway,
New York, New York 10007-1866. If you wish to examine these documents,
you
[[Page 8578]]
should make an appointment at least 24 hours before visiting day.
Additionally, the final order for CCERA is available electronically at:
http://www.epa.gov/region07/programs/artd/air/title5/petitiondb/petitiondb2005.htm
.
FOR FURTHER INFORMATION CONTACT: Steven Riva, Chief, Permitting
Section, Air Programs Branch, Division of Environmental Planning and
Protection, EPA, Region 2, 290 Broadway, 25th Floor, New York, New York
10007-1866, telephone (212) 637-4074.
SUPPLEMENTARY INFORMATION: The Act affords EPA a 45-day period to
review, and object to as appropriate, operating permits 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 State operating permits
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 February 17, 2005, the EPA received a joint petition from
Rutgers Environmental Law Clinic on behalf of various New Jersey
Environmental Groups, requesting that EPA object to the issuance of the
title V operating permit for CCERA. The petition raises issues
regarding the permit application, the permit issuance process, and the
permit itself. The petitioners assert that: (1) The public was denied
access to the full administrative record during the public comment
period; (2) the public notice announcement failed to include the
required information under 40 CFR 70.7(h)(2); (3) the permit lacks a
statement of basis; (4) the permit does not include a signed compliance
certification that meets the requirements of 40 CFR 70.6(c)(5)(iii);
(5) the permit does not include a compliance schedule; and (6) the
permit was issued in violation of the state and federal environmental
justice executive orders.
On January 20, 2006, the Administrator issued an order partially
granting and partially denying the petition on CCERA. The order
explains the reasons behind EPA's conclusion that the NJDEP must reopen
the permit to: (1) Provide an adequate statement to the public which
provides documentation to support the factual basis for certain
conditions, applicability determinations for source specific applicable
requirements and monitoring and recordkeeping decisions; and (2)
provide the rationale for selected monitoring where the underlying
requirement does not specify periodic monitoring. The order also
explains the reasons for denying the petitioners' remaining claims.
Dated: February 6, 2006.
Anthony Cancro,
Acting Regional Administrator, Region 2.
[FR Doc. 06-1486 Filed 2-16-06; 8:45 am]
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