[Federal Register Volume 67, Number 250 (Monday, December 30, 2002)]
[Notices]
[Page 79611]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-32906]


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ENVIRONMENTAL PROTECTION AGENCY

[Petition IV-2001-10; FRL-7432-3]


Clean Air Act Operating Permit Program; Petition for Objection to 
State Operating Permit for Shaw Industries, Inc.--Plant No. 2; Dalton 
(Whitfield 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 November 15, 
2002, denying a petition to object to a state operating permit issued 
by the Georgia Environmental Protection Division (EPD) to Shaw 
Industries, Inc.--Plant No. 2 (Shaw) located in Dalton, Whitfield 
County, Georgia. This order constitutes final action on the petition 
submitted by the Georgia Center for Law in the Public Interest (GCLPI) 
on behalf of Georgia Forest Watch (Petitioner). 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/ shaw2--
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, to 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 Georgia Forest Watch to the 
Administrator on November 26, 2001, requesting that EPA object to a 
state title V operating permit issued by EPD to Shaw. The Petitioner 
maintains that the Shaw permit is inconsistent with the Act because of: 
(1) The inadequacy of the public participation process and related 
public notice; (2) the permit's apparent limitation of enforcement 
authority and credible evidence; (3) the inadequacy of the monitoring 
and reporting requirements; and (4) the incompleteness of the permit 
itself as well as the corresponding narrative.
    On November 15, 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 Shaw permit is 
not in compliance with the requirements of the Act on the grounds 
raised.

    Dated: December 6, 2002.
A. Stanley Meiburg,
Deputy Regional Administrator, Region 4.
[FR Doc. 02-32906 Filed 12-27-02; 8:45 am]
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