[Federal Register: April 3, 2002 (Volume 67, Number 64)]
[Proposed Rules]
[Page 15767-15768]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03ap02-22]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 70
[Petition IV-2000-1; FRL-7167-5]
Clean Air Act Operating Permit Program; Petition for Objection to
State Operating Permit for Kerr-McGee Chemicals, LLC; Mobile 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: This document announces that the EPA Administrator has denied
a petition to object to a state operating permit issued by the Alabama
[[Page 15768]]
Department of Environmental Management to Kerr-McGee Chemicals, LLC,
Mobile County, Alabama. Pursuant to section 505(b)(2) of the Clean Air
Act (Act), petitioners may seek judicial review of the petition in the
United States Court of Appeals for the appropriate circuit within 60
days of this decision under section 307 of the Act.
ADDRESSES: You may review copies of the final order, the petition, and
other supporting information at EPA Region 4, Air, Pesticides and
Toxics Management Division, 61 Forsyth Street, S.W., Atlanta, Georgia,
30303-8960. If you wish to examine these documents, you should make an
appointment at least 24 hours before visiting day. The final order is
also available electronically at the following address: http://
www.epa.gov/region07/programs/artd/air/title5/petitiondb/petitions/
kerrmcgee_decision2000.pdf.
FOR FURTHER INFORMATION CONTACT: Joel Huey, Air Permits Section, EPA
Region 4, at (404) 562-9104 or huey.joel@epa.gov.
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.
Mobile Bay Watch, Inc., submitted a petition to the Administrator on
May 22, 2000, seeking EPA's objection to the operating permit issued to
Kerr-McGee Chemicals, LLC. The petitioner maintains that the Kerr-McGee
Chemicals operating permit is inconsistent with the Act because the
permit fails to: (1) Require adequate periodic monitoring of facility
emissions; (2) require the facility to prepare a Risk Management Plan
as well as Worst Case Scenario and Planning Case Scenario; and (3)
reflect the comments submitted by Mobile Bay Watch during the 30-day
draft permit period. Mobile Bay Watch also bases its petition on the
following statements: (1) Kerr-McGee requested in its permit
application that the number of federally enforceable limitations in the
operating permit be minimized; (2) Kerr-McGee requested in its permit
application that the permit include a permit shield; (3) the period
between the date of the permit application and the issuance of the
draft permit was excessive; and (4) EPA failed to fully review the
Kerr-McGee Chemicals permit. On February 1, 2002, the Administrator
issued an order denying the petition. The order explains the reasons
behind EPA's conclusion that the petitioner has failed to demonstrate
that the Kerr-McGee Chemicals permit does not assure compliance with
the Act on the grounds raised.
Dated: March 18, 2002.
A. Stanley Meiburg,
Deputy Regional Administrator, Region 4.
[FR Doc. 02-8063 Filed 4-2-02; 8:45 am]
BILLING CODE 6560-50-P