[Federal Register: March 6, 2001 (Volume 66, Number 44)]
[Notices]
[Page 13529-13530]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06mr01-99]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-6940-8]
Clean Air Act Operating Permit Program; Petition for Objection to
State Operating Permit for Fort James Camas Mill, Camas, Washington
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of final order on petition to object to 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 is hereby granting in part and denying
in part a petition to object to a State operating permit issued by the
Washington Department of Ecology (Ecology) to Fort James Camas Mill,
Camas, Washington. This order constitutes final action on the petition
submitted by Mr. Carl D. Larkins. Pursuant to section 505(b)(2) of the
Clean Air Act (Act), petitioner may seek judicial review in the United
States Court of Appeals for the appropriate circuit within 60 days of
this decision 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:
Environmental Protection Agency, Region 10, Office of Air Quality, 1200
Sixth Avenue, Seattle, Washington 98101. The final order is also
available electronically at the following address: http://www.epa.gov/
ttn/oarpg/t5sn.html
FOR FURTHER INFORMATION CONTACT: William M. Hedgebeth, Office of Air
Quality, EPA Region 10, telephone (206) 553-1059, e-mail
hedgebeth.william@epa.gov. Interested parties may also contact the
Washington Department of Ecology, Industrial Section, 300 Desmond
Drive, Lacey, Washington 98503, mailing address P.O. Box 47600,
Olympia, Washington 98504-7600.
SUPPLEMENTARY INFORMATION: The Clean Air Act affords EPA the
opportunity for 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
[[Page 13530]]
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.
Mr. Carl D. Larkins submitted a petition to the Administrator on
November 24, 1999, seeking EPA's objection to the operating permit
issued to Fort James Camas Mill, Camas, Washington. The petitioner
maintains that the Fort James Camas Mill operating permit is
inconsistent with the Act because the permit fails to: (1) provide
sufficient basis for providing compliance assurance for certain permit
conditions; and (2) provide sufficient basis for using surrogate
parameters as compliance indicators in certain permit conditions. The
order granting in part and denying in part this petition explains the
reasons behind EPA's conclusion that: (1) Petitioner adequately
demonstrated in certain instances that the Fort James Camas Mill permit
did not satisfy all the requirements of 40 CFR Part 70; and (2)
petitioner in other instances failed to demonstrate that the Fort James
Camas Mill permit does not assure compliance with the Clean Air Act on
the grounds raised.
Pursuant to sections 505(b)and 505(e) of the Clean Air Act (42
U.S.C. 7661d(b) and (e)) and 40 CFR 70.7(g) and 70.8(d), Ecology has 90
days from the receipt of the Administrator's order to resolve the
objections identified in sections C(1), C(2), C(5), C(8), C(12), C(15),
D(2), and D(5) of the order, and submit a proposed determination of
termination, modification, or revocation and reissuance of the Fort
James Title V permit in accordance with EPA's objection.\1\
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\1\ The description on page 5 of the Administrator's order of
the procedures for resolving the objection is in error. As provided
in 40 CFR 70.7(g)(4), Ecology has 90 days from the receipt of the
order to resolve the objection issues, not two 90 day periods.
Dated: January 19, 2001.
Charles E. Findley,
Acting Regional Administrator, Region X.
[FR Doc. 01-5415 Filed 3-5-01; 8:45 am]
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