[Federal Register: September 19, 2006 (Volume 71, Number 181)]
[Notices]
[Page 54814-54815]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19se06-44]
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ENVIRONMENTAL PROTECTION AGENCY
[Regional Docket No. V-2005-1, FRL-8220-9]
Clean Air Act Operating Permit Program; Petition for Objection to
State Operating Permit for Onyx Environmental Services
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of final amended order on petition to object to a title
V operating permit.
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SUMMARY: This document announces that the EPA Administrator has
responded to a citizen petition asking EPA to object to a Clean Air Act
(Act) title V operating permit proposed by the Illinois Environmental
Protection Agency (IEPA). Specifically, the Administrator has partially
granted and partially denied the petition submitted by the Sierra Club
and American Bottom Conservancy to object to the proposed operating
permit for Onyx Environmental Services. EPA originally responded to the
petition in an order dated February 1, 2006. However, EPA has become
aware of a factual error in the February 1, 2006, order. To correct
that error, on August 9, 2006, the Administrator signed an order
amending the February 1, 2006, order by striking out the section
entitled ``VI. Monitoring'', and replacing it with the language as
described below. The remainder of the February 1, 2006, order remains
undisturbed and in effect.
Pursuant to section 505(b)(2) of the Act, a petitioner may seek in
the United States Court of Appeals for the appropriate circuit judicial
review of those portions of the petition which EPA denied. Any petition
for review shall be filed within 60 days from the date a notice appears
in the Federal Register, pursuant to section 307 of the Act.
ADDRESSES: You may review copies of the final amended order, the
petitions, and other supporting information at the EPA Region 5 Office,
77 West Jackson Boulevard, Chicago, Illinois 60604. If you wish to
examine these documents, you should make an appointment at least 24
hours before visiting day. Additionally, the final order for Onyx
Environmental Services is available electronically at: http://www.epa.gov/region07
[fxsp0]/programs/artd/air/title5[fxsp0]/petitiondb/
petitiondb2004.htm.
FOR FURTHER INFORMATION CONTACT: Pamela Blakley, Chief, Air Permitting
Section, Air Programs Branch, Air and Radiation Division, EPA, Region
5, 77
[[Page 54815]]
West Jackson Boulevard, Chicago, Illinois 60604, telephone (312) 886-
4447.
SUPPLEMENTARY INFORMATION: The Act affords EPA a 45-day period to
review, and to object to as appropriate, a title V operating permit
proposed by a state permitting authority. Section 505(b)(2) of the Act,
42 U.S.C. 7661d(b)(2), authorizes any person to petition the EPA
Administrator within 60 days after the expiration of the EPA review
period to object to a title V operating permit 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,
unless the petitioner demonstrates that it was impracticable to raise
the issues during the comment period, or the grounds for the issues
arose after the public comment period.
On February 18, 2004, the EPA received from the Sierra Club and
American Bottom Conservancy a petition requesting that EPA object to
the proposed title V operating permit for Onyx Environmental Services.
The Sierra Club and American Bottom Conservancy alleged that the
proposed permit (1) Violated EPA's commitments and obligations to
address environmental justice issues; (2) lacked a compliance schedule
and certification of compliance; (3) did not address modifications Onyx
took that allegedly triggered new source review requirements; (4) was
based on an eight-year old application; (5) lacked practically
enforceable conditions; (6) contained a permit shield that broadly
insulates it from ongoing and recent violations; (7) failed to include
conditions that meet the legal requirements for monitoring; (8) did not
contain a statement of basis; (9) did not require prompt reporting of
violations; and (10) failed to establish annual mercury and lead
limits.
On February 1, 2006, the Administrator signed an order partially
granting and partially denying the petition. The order explains the
reasons behind EPA's conclusion that the IEPA must: (1) Address the
significant comments concerning the possible need for a compliance
schedule in the proposed permit; (2) require Onyx Environmental
Services to submit a current compliance certification; (3) address
comments concerning modifications made at the Onyx facility and the
potential applicability of new source review requirements; (4) require
Onyx Environmental Services to submit an updated application that
reflects all applicable requirements for the source; (5) make clear
either in the permit or statement of basis what constitutes ``normal''
operating conditions; (6) amend the permit to limit Onyx Environmental
Service's election to regulatory requirements applicable to hazardous
waste incinerators; (7) define the terms ``container'' and
``containerized solids,'' or explain in the statement of basis where
the terms are defined; (8) provide information on where the applicable
specifications pertaining to ``manufacturer's specifications'' can be
located; (9) provide a statement of basis that complies with the
requirements of EPA regulations and post its statement of basis on a
Web site, or make available to the public on the Web site a notice
telling the public where it can obtain the statement of basis; and (10)
explain how a thirty day reporting requirement for all deviations is
prompt or require a shorter reporting period for deviations as is
provided for in 40 CFR Part 71. The order also explains the reasons for
denying Sierra Club and American Bottom Conservancy's remaining claims.
The August 9, 2006, amended order grants the petition for the claim
that the permit lacks monitoring required under other provisions of 40
CFR Part 70.6. EPA directs IEPA to revise the permit to incorporate all
particulate matter monitoring required for the facility under 40 CFR
Part 63, Subpart EEE, including a leak detection system.
Dated: September 12, 2006.
Norman Niedergang,
Acting Regional Administrator, Region 5.
[FR Doc. E6-15537 Filed 9-18-06; 8:45 am]
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