[Federal Register Volume 67, Number 64 (Wednesday, April 3, 2002)]
[Proposed Rules]
[Pages 15767-15768]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-8063]


=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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 [email protected].

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