[Federal Register Volume 67, Number 135 (Monday, July 15, 2002)]
[Proposed Rules]
[Page 46439]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-17692]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 70

[Petition IV-2001-4; FRL-7245-5]


Clean Air Act Operating Permit Program; Petition for Objection to 
State Operating Permit for CITGO Petroleum Corporation--Doraville 
Terminal; Doraville (Dekalb County), GA

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final order on petition to object to a 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 signed an order, dated June 5, 2002, 
denying a petition to object to a state operating permit issued by the 
Georgia Environmental Protection Division (EPD) to CITGO Petroleum 
Corporation--Doraville Terminal (CITGO-Doraville) for its facility, 
located in Doraville, Dekalb County, Georgia. This order constitutes 
final action on the petition submitted by the Georgia Center for Law in 
the Public Interest (GCLPI or Petitioner) on behalf of the Sierra Club. 
Pursuant to section 505(b)(2) of the Clean Air Act (the Act) any person 
may seek judicial review in the United States Court of Appeals for the 
appropriate circuit within 60 days of this notice 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: EPA 
Region 4, Air, Pesticides and Toxics Management Division, 61 Forsyth 
Street, SW., Atlanta, Georgia 30303-8960. The final order is also 
available electronically at the following address: http://www.epa.gov/region07/programs/artd/air/title5/petitiondb/petitions/
citgo__decision2001.pdf.

FOR FURTHER INFORMATION CONTACT: Art Hofmeister, Air Permits Section, 
EPA Region 4, at (404) 562-9115 or [email protected].

SUPPLEMENTARY INFORMATION: The Act affords EPA a 45-day period to 
review and, as appropriate, object to operating permits proposed by 
state permitting authorities under title V of the Act, 42 U.S.C. 7661-
7661f. Section 505(b)(2) of the Act and 40 CFR 70.8(d) authorize any 
person to petition the EPA Administrator to object to a title V 
operating permit within 60 days after the expiration of EPA's 45-day 
review period if EPA has not objected on its own initiative. 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.
    GCLPI submitted a petition on behalf of the Sierra Club to the 
Administrator on August 30, 2001, requesting that EPA object to a state 
title V operating permit issued by EPD to CITGO-Doraville. The 
Petitioner maintains that the CITGO-Doraville permit is inconsistent 
with the Act because the permit: (1) Does not contain adequate 
monitoring; (2) does not contain adequate reporting requirements 
related to monitoring; (2) impermissibly limits the use of credible 
evidence; (3) does not ensure the source's synthetic minor source 
status; and (4) did not undergo adequate public notice procedures.
    On June 5, 2002, the Administrator issued an order denying this 
petition. The order explains the reasons behind EPA's conclusion that 
the Petitioner has failed to demonstrate that the CITGO-Doraville 
permit is not in compliance with the requirements of the Act on the 
grounds raised.

    Dated: June 24, 2002.
A. Stanley Meiburg,
Deputy Regional Administrator, Region 4.
[FR Doc. 02-17692 Filed 7-12-02; 8:45 am]
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