[Federal Register Volume 71, Number 51 (Thursday, March 16, 2006)]
[Notices]
[Pages 13591-13592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-3812]


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ENVIRONMENTAL PROTECTION AGENCY

[Regional Docket No. V-2005-1, FRL-8045-7]


Clean Air Act Operating Permit Program; Petition for Objection to 
State Operating Permit for Onyx Environmental Services

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final order on petition to object to a title V 
operating permit.

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SUMMARY: This document announces that the EPA Administrator has 
responded to a citizen petition asking EPA to object to a Clean Air Act 
(Act) title V operating permit proposed by the Illinois Environmental 
Protection Agency (IEPA). Specifically, the Administrator has partially 
granted and partially denied the petition submitted by the Sierra Club 
and American Bottom Conservancy to object to the proposed operating 
permit for Onyx Environmental Services.
    Pursuant to section 505(b)(2) of the Act, a petitioner may seek in 
the United States Court of Appeals for the appropriate circuit judicial 
review of those portions of the petition which EPA denied. Any petition 
for review shall be filed within 60 days from the date a notice appears 
in the Federal Register, pursuant to section 307 of the Act.

ADDRESSES: You may review copies of the final orders, the petitions, 
and other supporting information at the EPA Region 5 Office, 77 West 
Jackson Boulevard, Chicago, Illinois 60604. If you wish to examine 
these documents, you should make an appointment at least 24 hours 
before visiting day. Additionally, the final order for Onyx 
Environmental Services is available electronically at: http://www.epa.gov/region07/programs/artd/air/title5/petitiondb/petitiondb2004.htm.

FOR FURTHER INFORMATION CONTACT: Pamela Blakley, Chief, Air Permitting 
Section, Air Programs Branch, Air and Radiation Division, EPA, Region 
5, 77 West Jackson Boulevard, Chicago, Illinois 60604, telephone (312) 
886-4447.

SUPPLEMENTARY INFORMATION: The Act affords EPA a 45-day period to 
review, and to object to as appropriate, a title V operating permit 
proposed by a state permitting authority. Section 505(b)(2) of the Act, 
42 U.S.C. 7661d(b)(2), authorizes any person to petition the EPA 
Administrator within 60 days after the expiration of the EPA review 
period to object to a title V operating permit 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, 
unless the petitioner demonstrates that it was impracticable to raise 
the issues during the comment period, or the grounds for the issues 
arose after the public comment period.
    On February 18, 2004, the EPA received from the Sierra Club and 
American Bottom Conservancy a

[[Page 13592]]

petition requesting that EPA object to the proposed title V operating 
permit for Onyx Environmental Services. The Sierra Club and American 
Bottom Conservancy alleged that the proposed permit (1) violates EPA's 
commitments and obligations to address environmental justice issues; 
(2) lacks a compliance schedule and certification of compliance; (3) 
does not address modifications Onyx allegedly took that triggered new 
source review requirements; (4) is based on an eight-year old 
application; (5) lacks practically enforceable conditions; (6) contains 
a permit shield that broadly insulates it from ongoing and recent 
violations; (7) fails to include conditions that meet the legal 
requirements for monitoring; (8) does not contain a statement of basis; 
(9) does not require prompt reporting of violations; and (10) fails to 
establish annual mercury and lead limits.
    On February 1, 2006, the Administrator signed an order partially 
granting and partially denying the petition. The order explains the 
reasons behind EPA's conclusion that the IEPA must: (1) Address the 
significant comments concerning the possible need for a compliance 
schedule in the proposed permit; (2) require Onyx Environmental 
Services to submit a current compliance certification; (3) address 
comments concerning modifications made at the Onyx facility and the 
potential applicability of new source review requirements; (4) require 
Onyx Environmental Services to submit an updated application that 
reflects all applicable requirements for the source; (5) make clear 
either in the permit or statement of basis what constitutes ``normal'' 
operating conditions; (6) amend the permit to limit Onyx Environmental 
Service's election to regulatory requirements applicable to hazardous 
waste incinerators; (7) define the terms ``container'' and 
``containerized solids,'' or explain in the statement of basis where 
the terms are defined; (8) provide information on where the applicable 
specifications pertaining to ``manufacturer's specifications'' can be 
located; (9) provide a statement of basis that complies with the 
requirements of EPA regulations and post its statement of basis on a 
Web site, or make available to the public on the Web site a notice 
telling the public where it can obtain the statement of basis; and (10) 
explain how a thirty day reporting requirement for all deviations is 
prompt or require a shorter reporting period for deviations as is 
provided for in 40 CFR part 71. The order also explains the reasons for 
denying Sierra Club and American Bottom Conservancy's remaining claims.
    Pursuant to sections 505(b)(2) and 307 of the Act, Petitioners have 
60 days from the date that this notice appears in the Federal Register 
to petition the United States Court of Appeals for the Seventh Circuit 
for review of the portions of the petition which EPA denied.

    Dated: March 2, 2006.
Bharat Mathur,
Acting Regional Administrator, Region 5.
 [FR Doc. E6-3812 Filed 3-15-06; 8:45 am]
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