[Federal Register Volume 67, Number 170 (Tuesday, September 3, 2002)]
[Notices]
[Pages 56288-56289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-22365]


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ENVIRONMENTAL PROTECTION AGENCY

[MO 163-1163; FRL-7271-8]


Clean Air Act Operating Permit Program; Petition for Objection to 
State Operating Permit for Doe Run Buick Mine and Mill

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final order on petition to object to state 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 the operating 
permit issued to Doe Run Buick Mine and Mill by the Missouri Department 
of Natural Resources (MDNR). Specifically, the Administrator has 
partially granted and partially denied a petition submitted by the 
Sierra Club to object to the State operating permit issued to Doe Run 
Buick Mine and Mill in Boss, Missouri.

ADDRESSES: You may review copies of the final order, the petition, and 
other supporting information at the EPA, Region 7, 901 N. Fifth Street, 
Kansas City, Kansas 66101. 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 http://www.epa/region07/programs/artd/air/title5/petitiondb/petitiondb2000.htm.

FOR FURTHER INFORMATION CONTACT: Harriett Jones, EPA, Region 7, Air, 
RCRA, and Toxics Division, Air Permitting and Compliance Branch (ARTD/
APCO), 901 N. 5th Street, Kansas City, Kansa 66101, (913) 551-7730, or 
by e-mail at [email protected].

SUPPLEMENTARY INFORMATION: The Clean Air Act (Act) affords EPA a 45-day 
period to review, and, as appropriate, object to operating permits 
proposed by state permitting authorities. Section 505(b)(2) of the Act 
authorized 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

[[Page 56289]]

petitioner demonstrates that it was impracticable to raise these issues 
during the comment period, or the grounds for the issues arose after 
this period.
    On October 4, 2000, the EPA received a petition from the Sierra 
Club requesting that EPA object to the issuance of the title V 
operating permit to Doe Run Buick Mine and Mill. The petition alleged 
that the final title V permit contains a number of inadequate or 
unclear monitoring conditions, lacks an appropriate Statement of Basis, 
and does not assure compliance with all applicable requirements as 
mandated by 40 CFR 70.1(b) and 40 CFR 70.6(a)(1) because many 
individual permit conditions are not practically enforceable and lack 
adequate periodic monitoring. EPA agrees with the petitioner that the 
permit must be revised to incorporate additional monitoring and other 
necessary procedures to assure compliance. The other issues raised by 
the petitioner are found to be without merit.
    On July 31, 2002, the Administrator issued an order partially 
granting and partially denying the petition. The order explains the 
reasons behind EPA's conclusion that the MDNR must reopen the permit to 
incorporate additional monitoring and other necessary procedures to 
assure compliance with the PM10 emission limitation. The 
order also explains the reasons for denying the Sierra Club's remaining 
claims.
    In accordance with section 505(b)(2) of the Act, denial of a 
petition is subject to judicial review under section 307 of the Act. 
Pursuant to section 307(b)(1), any petition for review shall be filed 
by November 4, 2002, in the United States Court of Appeals for the 
appropriate circuit.

    Dated: August 22, 2002.
William Rice,
Acting Regional Administrator, Region 7.
[FR Doc. 02-22365 Filed 8-30-02; 8:45 am]
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