[Federal Register Volume 71, Number 181 (Tuesday, September 19, 2006)]
[Notices]
[Pages 54814-54815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-15537]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[Regional Docket No. V-2005-1, FRL-8220-9]


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 amended order on petition to object to a title 
V operating permit.

-----------------------------------------------------------------------

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. EPA originally responded to the 
petition in an order dated February 1, 2006. However, EPA has become 
aware of a factual error in the February 1, 2006, order. To correct 
that error, on August 9, 2006, the Administrator signed an order 
amending the February 1, 2006, order by striking out the section 
entitled ``VI. Monitoring'', and replacing it with the language as 
described below. The remainder of the February 1, 2006, order remains 
undisturbed and in effect.
    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 amended order, 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

[[Page 54815]]

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 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) Violated EPA's commitments and obligations to 
address environmental justice issues; (2) lacked a compliance schedule 
and certification of compliance; (3) did not address modifications Onyx 
took that allegedly triggered new source review requirements; (4) was 
based on an eight-year old application; (5) lacked practically 
enforceable conditions; (6) contained a permit shield that broadly 
insulates it from ongoing and recent violations; (7) failed to include 
conditions that meet the legal requirements for monitoring; (8) did not 
contain a statement of basis; (9) did not require prompt reporting of 
violations; and (10) failed 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.
    The August 9, 2006, amended order grants the petition for the claim 
that the permit lacks monitoring required under other provisions of 40 
CFR Part 70.6. EPA directs IEPA to revise the permit to incorporate all 
particulate matter monitoring required for the facility under 40 CFR 
Part 63, Subpart EEE, including a leak detection system.

    Dated: September 12, 2006.
Norman Niedergang,
Acting Regional Administrator, Region 5.
 [FR Doc. E6-15537 Filed 9-18-06; 8:45 am]
BILLING CODE 6560-50-P