[Federal Register: December 18, 2006 (Volume 71, Number 242)]
[Notices]
[Page 75751-75752]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18de06-42]
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ENVIRONMENTAL PROTECTION AGENCY
[A-1-FRL-8257-9]
Clean Air Act Operating Permit Program; Petition for Objection to
State Operating Permit for Bio Energy in Hopkinton NH
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of final order on petition to object to a modification
to a state operating permit.
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SUMMARY: This notice announces that the EPA Administrator has responded
to a citizen petition requesting that EPA object to a Clean Air Act
(``CAA'' or ``the Act'') title V operating permit modification issued
by the New Hampshire Department of Environmental Services (``New
Hampshire DES''). Specifically, the Administrator has granted in part
and denied in part the petition submitted by the Residents
Environmental Action Committee of Hopkinton, the Conservation Law
Foundation, and the Physician Petitioners (collectively referred to
herein as ``Petitioners'') requesting that the Administrator object to
the permit modification issued to Bio Energy, LLC of Hopkinton, New
Hampshire.
Pursuant to section 505(b)(2) of the Act, the 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.
ADDRESSES: Copies of the final order, petition, and other supporting
information are available at the Office of Ecosystem Protection, U.S.
Environmental Protection Agency, EPA New England Regional Office, One
Congress Street, Suite 1100, Boston, MA. EPA requests that if at all
possible, you contact the contact listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your inspection. The Regional Office's
official hours of business are Monday through Friday, 8:30 to 4:30
excluding legal holidays. The final order is also available
electronically at: http://www.epa.gov/region07/programs/artd/air/title5/petitiondb/petitiondb2003.htm
.
FOR FURTHER INFORMATION CONTACT: Ida E. McDonnell, Air Permits, Toxics,
and Indoor Programs Unit, U.S. Environmental Protection Agency, EPA New
England Regional Office, One Congress Street, Suite 1100 (CAP), Boston,
MA 02114-2023, telephone number (617) 918-1653, fax number (617) 918-
0653, e-mail mcdonnell.ida@epa.gov.
SUPPLEMENTARY INFORMATION: EPA approves State and local permitting
authorities to administer the operating permit program set forth in
title V of the CAA, 42 U.S.C. 7661-7661f. New Hampshire DES administers
a fully approved title V program. 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
not in compliance with the CAA, if EPA has not already 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 such issues during the comment period or the
grounds for the issues arose after this period.
On October 21, 2003, the Petitioners submitted a petition
requesting that EPA object to the issuance of the modified title V
permit pursuant to section 505(b)(2) of the Act. The Petitioners raised
four broad objections to the issuance of the modified permit:
[[Page 75752]]
(1) NH DES failed to provide adequate notice of the proposed permit
modification to the public;
(2) NH DES failed to perform adequate air quality modeling analyses
in its assessment of the proposed permit modification;
(3) The modified permit does not contain requirements applicable to
``incinerators'' under the CAA and federal and state regulations;
(4) The modified permit does not contain state hazardous waste
management requirements.
On October 27, 2006, the Administrator issued an order partially
granting and partially denying the petition. EPA grants the
Petitioners' request that EPA object to the issuance of the modified
permit for failure to provide adequate public notice of the proposed
modification, and directs New Hampshire DES to reissue the draft
modified permit for public comment. EPA denies the petition with
respect to all other allegations. The order explains EPA's rationale
for concluding that NH DES must reopen the draft modified permit for
public comment. The order also explains EPA's rationale for denying the
Petitioners' remaining claims.
Dated: December 8, 2006.
Robert W. Varney,
Regional Administrator, EPA New England.
[FR Doc. E6-21528 Filed 12-15-06; 8:45 am]
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