[Federal Register Volume 71, Number 240 (Thursday, December 14, 2006)]
[Notices]
[Page 75245]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-21291]


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ENVIRONMENTAL PROTECTION AGENCY

[Petition IV-2003-8; FRL-8255-6]


Clean Air Act Operating Permit Program; Petition for Objection to 
State Operating Permit for Continental Carbon Company; Phenix City 
(Russell County), AL

AGENCY: Environmental Protection Agency (EPA).

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

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SUMMARY: Pursuant to Clean Air Act Section 505(b)(2) and 40 CFR 
70.8(d), the EPA Administrator signed an Order, dated September 21, 
2006, denying a petition to object to a state operating permit issued 
by the Alabama Department of Environmental Management (ADEM) to 
Continental Carbon Company located in Phenix City, Russell County, 
Alabama. This Order constitutes final action on the petition submitted 
by Action Marine, Inc.; John Tharpe; the City of Columbus, Georgia; 
Owen and Mabel Ditchfield; Donald and Carolyn Lang; Alma Chapman; and 
Lois Baggett (Petitioners). Pursuant to section 505(b)(2) of the Clean 
Air Act (the Act) any person may seek judicial review of the Order in 
the United States Court of Appeals for the appropriate circuit within 
60 days of this notice under section 307 of the Act.

ADDRESSES: Copies of the final Order, the petition, and all pertinent 
information relating thereto are on file at the following location: EPA 
Region 4, Air, Pesticides and Toxics Management Division, 61 Forsyth 
Street, SW., Atlanta, Georgia 30303-8960. The final Order is also 
available electronically at the following address: http://www.epa.gov/region07/programs/artd/air/title5/petitiondb/petitions/ 
continentalcarbon--decision2003.pdf.

FOR FURTHER INFORMATION CONTACT: Kathleen Forney, Air Permits Section, 
EPA Region 4, at (404) 562-9130 or [email protected].

SUPPLEMENTARY INFORMATION: The Act affords EPA a 45-day period to 
review and, as appropriate, to object to operating permits proposed by 
state permitting authorities under title V of the Act, 42 U.S.C. 7661-
7661f. Section 505(b)(2) of the Act and 40 CFR 70.8(d) authorize any 
person to petition the EPA Administrator to object to a title V 
operating permit within 60 days after the expiration of EPA's 45-day 
review period if EPA has not objected on its own initiative. 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.
    Petitioners submitted a petition on December 24, 2003, requesting 
that EPA object to a state title V operating permit issued by ADEM to 
Continental Carbon. Petitioners maintain that the Continental Carbon 
permit is inconsistent with the Act because: (1) The public 
participation procedures associated with its issuance failed to utilize 
certain local newspapers; and (2) materials related to changes made to 
the draft permit following public comment were not made readily 
available to the public.
    On September 21, 2006, the Administrator issued an Order denying 
this petition. The Order explains the reasons behind EPA's conclusion 
that the Petitioners failed to demonstrate that the Continental Carbon 
permit is not in compliance with the requirements of the Act on the 
grounds raised.

    Dated: December 5, 2006.
A. Stanley Meiburg,
Deputy Regional Administrator, Region 4.
[FR Doc. E6-21291 Filed 12-13-06; 8:45 am]
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