[Federal Register Volume 69, Number 154 (Wednesday, August 11, 2004)]
[Notices]
[Pages 48862-48863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-18381]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7799-9]


Clean Air Act Operating Permit Program; Petitions for Objection 
to State Operating Permits for Los Medanos Energy Center and Dow 
Chemical Company

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final orders on petitions to object to two state 
operating permits.

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SUMMARY: This notice announces that the EPA Administrator has responded 
to two citizen petitions requesting EPA to object to operating permits 
issued to two facilities by the Bay Area Air Quality Management 
District (``BAAQMD''). Specifically, the Administrator has partially 
granted and partially denied a petition submitted by Our Children's 
Earth Foundation (``OCE'') and Californians for Renewable Energy, Inc. 
(``CARE'') requesting that the Administrator object to the state 
operating permit issued to Los Medanos Energy Center (``Los Medanos'') 
in Pittsburgh, California; and denied in full a petition submitted by 
Communities for a Better Environment (``CBE'') requesting that the 
Administrator object to the state operating permit issued to Dow 
Chemical (``Dow''), also located in Pittsburgh. This notice also 
corrects a non-substantive factual finding in the final order for the 
Los Medanos petition that OCE submitted late its comments on the draft 
permit to BAAQMD
    Pursuant to section 505(b)(2) of the Clean Air Act (ACT), a 
petitioner may seek judicial review of any portion of the petition 
which EPA denied in the United States Court of Appeals for the 
appropriate circuit. Any petition for review shall be filed within 60 
days from the date this notice appears in the Federal Register, 
pursuant to section 307 of the Act.

DATES: Copies of the final orders, petitions, and other supporting 
information are available at the Environmental Protection Agency, 
Region IX, Air Division, 75 Hawthorne Street, San Francisco, CA 94105. 
The final orders are also available electronically at: http://www.epa.gov/region07/programs/artd/air/title5/petitiondb/petitions.

FOR FURTHER INFORMATION CONTACT: Gerardo Rios, Chief, Air Permits 
Office, EPA Region IX, telephone (415) 972-3974, e-mail 
[email protected].

SUPPLEMENTARY INFORMATION: EPA approves state and local permitting 
authorities to administer the operating permit program set forth in 
title V of the Clean Air Act, 42 U.S.C. 7661-7661f. BAAQMD administers 
a fully approved title V operating permit program. The Clean Air Act 
affords EPA the opportunity for a 45-day period to review, and object 
to as appropriate, operating permits proposed by permitting 
authorities. Section 505(b)(2) of the Act authorizes any person to 
petition the EPA Administrator within 60 days after the expiration of 
this review period to object to a state operating permit if EPA has not 
done so. Petitions must be based 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.

I. Los Medanos Energy Center

    On September 6, 2001, BAAQMD issued a final title V operating 
permit to Los Medanos. OCE and CARE (``Petitioners'') submitted a 
petition to the Administrator on October 12, 2001, seeking EPA's 
objection to BAAQMD's issuance of the Los Medanos permit. The 
Petitioners alleged in their petition that the Los Medanos permit (1) 
improperly included an emergency breakdown exemption condition that 
incorporates a broader definition of ``emergency'' than allowed by 40 
CFR 70.6(g); (2) improperly included a variance relief condition which 
is not federally enforceable; (3) failed to include a statement of 
basis as required by 40 CFR 70.7(a)(5); (4) contained permit conditions 
that are inadequate under 40 CFR part 70, namely that certain 
provisions are unenforceable; and (5) failed to incorporate certain 
changes OCE requested during the

[[Page 48863]]

public comment period and agreed to BAAQMD.
    On May 25, 2004, the Administrator issued an order partially 
granting and partially denying the petition. The order explains the 
reasons behind EPA's conclusion that BAAQMD must reopen the permit to 
make available for public and EPA comment an adequate statement of 
basis. The order also explains the reasons for denying the Petitioners' 
remaining claims.
    Through this notice, EPA is also correcting a non-substantive 
factual finding in the final Los Medanos order. Footnote 6 of the order 
found that OCE had submitted its comments on the draft Los Medanos 
permit to BAAQMD after the close of the 30-day public comment period. 
After further review, EPA has determined that OCE actually submitted 
those comments on time, as OCE submitted its comments on August 1, 2001 
and the public comment period ended August 2, 2001.

II. Dow Chemical

    On December 1, 2003, BAAQMD issued a final title V operating permit 
to Dow. CBE (``Petitioner'') submitted a petition to the Administrator 
on January 12, 2004, seeking EPA's objection to BAAQMD's issuance of 
the Dow permit. The Petitioner alleged in the petition that EPA must 
object to the permit because BAAQMD improperly denied Petitioner's 
request for a public hearing.
    The Administrator issued an order denying the petition on July 2, 
2004. The order explains the reasons behind EPA's finding that the 
petitioner failed to demonstrate that the permit was not issued in 
compliance with the requirements of the Clean Air Act.

    Dated: July 26, 2004.
Wayne Nastri,
Regional Administrator, Region 9.Region 9.
[FR Doc. 04-18381 Filed 8-10-04; 8:45 am]
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