[Federal Register Volume 68, Number 54 (Thursday, March 20, 2003)]
[Notices]
[Pages 13701-13702]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-6706]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7470-4]


Notice of a Final Determination on a Construction Permit for 
Minergy Detroit, Detroit, Wayne County, MI

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final action.

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SUMMARY: This notice announces the final decision on a prevention of 
significant deterioration (PSD) Clean Air Act (CAA) permit issued by 
the Michigan Department of Environmental Quality (MDEQ) to Minergy 
Detroit LLC (Minergy) for a proposed facility in Detroit, Wayne County, 
Michigan. The MDEQ originally issued this permit on September 20, 2001, 
but two citizens petitioned EPA's Environmental Appeals Board's (EAB) 
to review it. On March 1, 2002 the EAB issued its decision dismissing 
the petitions for review. The state's permit became effective on March 
25, 2002.

DATES: The effective date of this notice of final decision is March 20, 
2003. See 40 CFR 124.19(a). Judicial review of the permit decision may 
be sought by filing a petition for review in the United States Court of 
Appeals for the Sixth Circuit by no later than May 19, 2003.

ADDRESSES: Documents relevant to the above action are available for 
public inspection during normal business

[[Page 13702]]

hours at the following address: Environmental Protection Agency, Region 
5, 77 West Jackson Boulevard (AR-18J), Chicago, Illinois 60604. To 
arrange inspection of these documents, call Laura L. David at (312) 
886-0661.

FOR FURTHER INFORMATION CONTACT: Laura L. David, Environmental 
Protection Agency, Region 5, 77 W. Jackson Boulevard (AR-18J), Chicago, 
Illinois 60604, (312) 886-0661. The EAB decision is available at: 
http://www.epa.gov/eab/orders/minergy.pdf

SUPPLEMENTARY INFORMATION: On June 5, 2000, the MDEQ received an 
application from Minergy for a permit to install a glass aggregate 
facility that would utilize municipal wastewater solids (MWWS) in a 
cyclone furnance located at 7819 West Jefferson Avenue, Detroit, 
Michigan.
    The proposed facility is a major source under federal air 
construction permit regulations, due to the potential significant 
emissions of nitrogen oxides (NOX), carbon monoxide (CO), 
sulfur dioxide (SO2), particulate matter (PM), particulate 
matter less than 10-microns in diameter (PM-10), volatile organic 
compounds (VOCs), and lead (Pb). The facility has the following major 
sources of emissions: a 550 MMBtu/hr glass furnace and a 249 MMBtu/hr 
natural gas fired boiler. The roadways and the MWWS silos are 
additional sources of PM.
    Pursuant to 40 CFR 52.21(j), Minergy was required to conduct a Best 
Available Control Technology (BACT) analysis for pollutants regulated 
under the Act. Under Michigan regulations, it was also required to 
determine Best Available Control Technology for Toxics (T-BACT) for 
each toxic air contaminant (TACs) and hazardous air pollutant (HAPs).
    The following technologies will be employed as air quality control 
equipment: fabric filters to control PM/PM-10 and trace metals; fuel 
controls by using a coal flux at minimum available sulfur concentration 
(0.32 percent) and a dry scrubbing process; a selective non-catalytic 
reduction system using urea/ammonia upon an optimization study to 
control NOX and ammonia emissions; ultra-low-NOX 
burners in the stand-by boiler, for controlling the NOX 
emissions; an overfire air system and good combustion practice to 
control CO emissions; high temperature retention, exceeding 1700 
degrees Fahrenheit for greater than 2 seconds residence time and good 
combustion practices, to control VOCs and also for the State of 
Michigan's T-BACT for toxics such as acrolein, acrylonitrile, 
formaldehyde, dioxin, and furans; in addition to lime injection, carbon 
injection to reduce mercury emissions, dioxin and furans; and a 
vitrification process to minimize solid waste production, produce an 
inert product, and minimize metal emissions such as arsenic, beryllium 
and lead.
    The combustion of natural gas, coal flux and municipal wastewater 
solids also has the potential to emit TACs and HAPs. Combustion 
techniques will be used to control the emission of TACs and HAPs and 
ensure the applicable screening levels are not exceeded. Each screening 
level is established to protect public health.
    USEPA reviewed the permit application and the draft permit, and 
found their conditions in compliance with all federal regulations. 
State environmental officials reviewed Minergy's pollution estimates 
and evaluated the comments received during the public hearing held on 
June 28, 2001 and during the public comment period which ended on July 
13, 2001. MDEQ approved the permit application request in September 20, 
2001. As part of the approval, as a result of information submitted 
during the public participation process, a few new conditions were 
added to the permit issued.
    MDEQ issues PSD permits under an EPA delegated program. Permits 
issued under a delegated program may be appealed to the EAB. The 
Minergy PSD permit was appealed by Saulius Simoliunas to the EAB on 
January 11, 2002 and by John Riehl of American Federation of State, 
County and Municipal Employees (AFSCME), Local 207, on January 14, 
2002. Both petitioners questioned the adequacy of the permit's testing 
requirements related to emissions from the facility's cyclone furnace, 
and requested that special condition number 7 be modified to require 
the testing be done by an independent laboratory having proper 
certification, with the participation of citizens chosen by local non-
governmental organizations.
    On February 19, 2002, MDEQ filed a motion for Summary Disposition 
arguing that there was no regulatory or jurisdictional basis for 
imposing the conditions proposed by Petitioner, and requested that the 
Board decline review. On March 1, 2002, the EAB issued an order denying 
review of the permit.
    The MDEQ issued the permit on September 20, 2001. The permit became 
effective on March 25, 2002.

    Dated: March 10, 2003.
Bharat Mathur,
Acting Regional Administrator, Region 5.
[FR Doc. 03-6706 Filed 3-19-03; 8:45 am]
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