[Federal Register: December 14, 2006 (Volume 71, Number 240)]
[Notices]
[Page 75245]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14de06-51]
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ENVIRONMENTAL PROTECTION AGENCY
[Petition IV-2003-8; FRL-8255-6]
Clean Air Act Operating Permit Program; Petition for Objection to
State Operating Permit for Continental Carbon Company; Phenix City
(Russell County), AL
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 Clean Air Act Section 505(b)(2) and 40 CFR
70.8(d), the EPA Administrator signed an Order, dated September 21,
2006, denying a petition to object to a state operating permit issued
by the Alabama Department of Environmental Management (ADEM) to
Continental Carbon Company located in Phenix City, Russell County,
Alabama. This Order constitutes final action on the petition submitted
by Action Marine, Inc.; John Tharpe; the City of Columbus, Georgia;
Owen and Mabel Ditchfield; Donald and Carolyn Lang; Alma Chapman; and
Lois Baggett (Petitioners). Pursuant to section 505(b)(2) of the Clean
Air Act (the Act) any person may seek judicial review of the Order 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/region07/programs/artd/air/title5/petitiondb/petitions/
continentalcarbon--decision2003.pdf.
FOR FURTHER INFORMATION CONTACT: Kathleen Forney, Air Permits Section,
EPA Region 4, at (404) 562-9130 or forney.kathleen@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.
Petitioners submitted a petition on December 24, 2003, requesting
that EPA object to a state title V operating permit issued by ADEM to
Continental Carbon. Petitioners maintain that the Continental Carbon
permit is inconsistent with the Act because: (1) The public
participation procedures associated with its issuance failed to utilize
certain local newspapers; and (2) materials related to changes made to
the draft permit following public comment were not made readily
available to the public.
On September 21, 2006, 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 Continental Carbon
permit is not in compliance with the requirements of the Act on the
grounds raised.
Dated: December 5, 2006.
A. Stanley Meiburg,
Deputy Regional Administrator, Region 4.
[FR Doc. E6-21291 Filed 12-13-06; 8:45 am]
BILLING CODE 6560-50-P