[Federal Register Volume 65, Number 71 (Wednesday, April 12, 2000)]
[Notices]
[Page 19753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-9096]



[[Page 19753]]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6576-6]


Notice of Prevention of Significant Deterioration (PSD) Final 
Determination for Knauf Fiberglass, GmbH, Shasta Lake, CA

AGENCY: Environmental Protection Agency.

ACTION: Notice of final action.

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SUMMARY: The purpose of this notice is to announce that, on March 14, 
2000, the Environmental Protection Agency (EPA) Environmental Appeals 
Board (Board) dismissed all petitions for review of a permit issued for 
the Knauf Fiberglass, GmbH, by the Shasta County Air Quality Management 
District (District) pursuant to the Prevention of Significant 
Deterioration of Air Quality (PSD) regulations under 40 CFR 52.21.

DATES: The effective date for the Board's decision is March 14, 2000.

FOR FURTHER INFORMATION CONTACT: Duong Nguyen, Permits Office, Air 
Division, U.S. EPA Region IX, 75 Hawthorne Street, San Francisco, CA 
94105, (415) 744-1142.

SUPPLEMENTARY INFORMATION: On August 17, 1999, the District issued a 
revised Authority to Construct (ATC) to Knauf Fiberglass for the 
construction of a new fiberglass manufacturing facility in Shasta Lake, 
CA. The revised ATC was issued after the Board remanded the original 
permit to the District following the first round of petitions to 
include a revised Best Available Control Technology (BACT) analysis and 
environmental justice (EJ) documentation provided by EPA, Region 9. The 
revised ATC, issued on August 17, 1999, also constituted a final PSD 
Permit under 40 CFR 52.21 and the terms of the District's delegation of 
authority from the U.S. EPA under 40 CFR 52.21(u). Subsequent to the 
issuance of the revised ATC, the Board received 65 petitions for review 
from citizens, citizen groups, and another fiberglass manufacturer. On 
March 14, 2000, the Board denied review of all 65 petitions for the 
following reasons: (1) Many of the petitions failed to meet the Board's 
requirement that issues be raised with specificity; (2) most of the 
miscellaneous issues raised in the petitions are outside the scope of 
review for this post-remand appeal; (3) the supplemental BACT analysis 
and revised BACT determination provide ample support for the District's 
final decisions on BACT and the revised permit conditions on PM10 
emissions; (4) the petitioners failed to contradict Region 9's EJ 
analysis showing that the proposed facility's will not have 
disproportionately high or adverse human health or environmental 
effects on a minority or low-income population; and (5) the new 
National Emission Standards for Hazardous Air Pollutants (NESHAP) 
requirement applicable to the fiberglass manufacturing industry was 
appropriately cross-referenced in the revised permit. (See In re: Knauf 
Fiberglass, GmbH, PSD Appeal Nos. 99-8 through 99-72.)
    Pursuant to 40 CFR 124.19(f)(2), for purposes of judicial review, 
final Agency action occurs when a final PSD permit is issued and Agency 
review procedures are exhausted. This notice, being published today in 
the FR, constitutes notice of the final Agency action denying review of 
the PSD permit. If available, judicial review of these determinations 
under section 307(b)(1) of the CAA may be sought only by the filing of 
a petition for review in the United States Court of Appeals for the 
appropriate circuit within 60 days from the date on which this 
determination is published in the FR. Under section 307(b)(2) of this 
Act, this determination shall not be subject to later judicial review 
in any civil or criminal proceedings for enforcement.

    Dated: March 30, 2000.
David P. Howekamp,
Director, Air Division, Region IX.
[FR Doc. 00-9096 Filed 4-11-00; 8:45 am]
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