[Federal Register Volume 71, Number 33 (Friday, February 17, 2006)]
[Notices]
[Pages 8577-8578]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-1486]


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ENVIRONMENTAL PROTECTION AGENCY

[Regional Docket No. II-2005-01; FRL-8033-5]


Clean Air Act Operating Permit Program; Petition for Objection to 
State Operating Permit for Camden County Energy Recovery Associates

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 joint citizen petition asking EPA to object to the 
operating permit issued to Camden County Energy Recovery Associates 
(CCERA) by the New Jersey Department of Environmental Protection 
(NJDEP). Specifically, the Administrator has partially granted and 
partially denied the petition submitted by the Rutgers Environmental 
Law Clinic on behalf of various New Jersey Environmental Groups to 
object to the CCERA State operating permit.
    Pursuant to section 505(b)(2) of the Clean Air Act (Act), 
Petitioner may seek judicial review of those portions 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.

ADDRESSES: You may review copies of the final order, the petition, and 
other supporting information at the EPA Region 2 Office, 290 Broadway, 
New York, New York 10007-1866. If you wish to examine these documents, 
you

[[Page 8578]]

should make an appointment at least 24 hours before visiting day. 
Additionally, the final order for CCERA is available electronically at: 
http://www.epa.gov/region07/programs/artd/air/title5/petitiondb/petitiondb2005.htm.

FOR FURTHER INFORMATION CONTACT: Steven Riva, Chief, Permitting 
Section, Air Programs Branch, Division of Environmental Planning and 
Protection, EPA, Region 2, 290 Broadway, 25th Floor, New York, New York 
10007-1866, telephone (212) 637-4074.

SUPPLEMENTARY INFORMATION: The Act affords EPA a 45-day period to 
review, and object to as appropriate, operating permits proposed by 
State 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 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 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 February 17, 2005, the EPA received a joint petition from 
Rutgers Environmental Law Clinic on behalf of various New Jersey 
Environmental Groups, requesting that EPA object to the issuance of the 
title V operating permit for CCERA. The petition raises issues 
regarding the permit application, the permit issuance process, and the 
permit itself. The petitioners assert that: (1) The public was denied 
access to the full administrative record during the public comment 
period; (2) the public notice announcement failed to include the 
required information under 40 CFR 70.7(h)(2); (3) the permit lacks a 
statement of basis; (4) the permit does not include a signed compliance 
certification that meets the requirements of 40 CFR 70.6(c)(5)(iii); 
(5) the permit does not include a compliance schedule; and (6) the 
permit was issued in violation of the state and federal environmental 
justice executive orders.
    On January 20, 2006, the Administrator issued an order partially 
granting and partially denying the petition on CCERA. The order 
explains the reasons behind EPA's conclusion that the NJDEP must reopen 
the permit to: (1) Provide an adequate statement to the public which 
provides documentation to support the factual basis for certain 
conditions, applicability determinations for source specific applicable 
requirements and monitoring and recordkeeping decisions; and (2) 
provide the rationale for selected monitoring where the underlying 
requirement does not specify periodic monitoring. The order also 
explains the reasons for denying the petitioners' remaining claims.

    Dated: February 6, 2006.
Anthony Cancro,
Acting Regional Administrator, Region 2.
[FR Doc. 06-1486 Filed 2-16-06; 8:45 am]
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