[Federal Register Volume 68, Number 80 (Friday, April 25, 2003)]
[Notices]
[Pages 20385-20386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-10272]


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ENVIRONMENTAL PROTECTION AGENCY

[MI81-01-7290; FRL-7488-2]


Notice of a Final Determination for the Hillman Power Company, 
Hillman, MI

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final action.

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SUMMARY: This notice announces that, on July 31, 2002, the 
Environmental Appeals Board (EAB) of the United States Environmental 
Protection Agency dismissed petitions for review of a Prevention of 
Significant Deterioration (PSD) permit issued under the Clean Air Act 
to Hillman Power Company, Hillman, Montmorency County, Michigan. The 
Michigan Department of Environmental Quality (MDEQ) issued the PSD 
permit.

DATES: The effective date for the decision is July 31, 2002. Judicial 
review of this permit decision, to the extent it is available pursuant 
to section 307(b)(1) of the Clean Air Act, may be sought by filing a 
petition for review in the United States Court of Appeals for the Sixth 
Circuit within 60 days of today's date.

ADDRESSES: Documents relevant to the above action are available for 
public inspection during normal business 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. The EAB decision is available at: http://www.epa.gov/eab/disk11/hillman.pdf.

SUPPLEMENTARY INFORMATION: Hillman Power owns and operates a tire-
derived fuel (TDF) and wood-fired boiler that produces steam for 
generating electricity which is sold on the electrical grid system. The 
existing power plant is located in the City of Hillman, Montmorency 
County, Michigan. The boiler is capable of burning fuels at a rated 
capacity of 300 million BTU per hour heat input. The net capacity of 
the power plant is approximately 18 megawatts. The plant was allowed to 
use wood and up to 3,149 pounds per hour TDF (approximately 6% of total 
fuel) as fuel.
    MDEQ received the permit application from Hillman Power on 
September 27, 2001, seeking an increase in the use of TDF to be fired 
as a supplementary fuel for up to 5,000 pounds per hour (approximately 
9% of total fuel). The application was subject to federal Prevention of 
the Significant Deterioration (PSD) review for sulfur dioxide 
(SO2). In addition to the permit requirements (which include 
using the Best Available Control Technology (BACT)), the company agreed 
to make environmentally beneficial physical changes to its facility, 
including installation of a new stack, new air heater tube banks, and a 
new voltage regulator and excitation system. A spare transformer for 
the electrostatic precipitator used to control particulate matter (PM) 
emissions is available on-site, if any replacement is needed. Also, 
significant improvements to operational procedures and work practices 
related to boiler cleaning and start-up/shutdown conditions have been 
implemented to reduce emissions.
    Pursuant to a delegation agreement between EPA and MDEQ, MDEQ is 
authorized to make PSD permitting decisions for new and modified 
stationary sources of air pollution in the State of Michigan. On March 
13, 2002, the MDEQ issued Permit No. 687-86G to Hillman Power Company. 
Because MDEQ acts as EPA's delegatee under the PSD program, MDEQ's 
permits are considered EPA-issued permits, and appeals of MDEQ's PSD 
permit decisions are reviewed by the EAB pursuant to 40 CFR 124.19.
    On April 16, 2002, the Michigan Environmental Council (MEC), Dr. 
Richard N. Olree, Jr., and Ms. Donna Baranyai filed petitions with the 
EAB for review of Hillman Power Company's modified PSD permit. The 
stated grounds for appeal were: failure to quantify the dioxin 
emissions; failure to determine whether dioxin would be adequately 
controlled; inappropriate BACT analysis; failure to address heavy metal 
fallout data; unjustifiable percentage of increased sulfur dioxide 
emissions as compared to tons of TDF burned; failure to consider data 
indicating the presence of heavy metals in fly ash in a local 
elementary school's

[[Page 20386]]

air filters and playground soils; and failure to consider the 
facility's possible failure to comply with a permit provision 
prohibiting emissions causing a public nuisance.
    The EAB found that the petitioners made no showing of clear error, 
the existence of an important policy matter or an abuse of discretion 
warranting review and denied review.

    Dated: April 3, 2003.
Bharat Mathur,
Acting Regional Administrator, Region 5.
[FR Doc. 03-10272 Filed 4-24-03; 8:45 am]
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