[Federal Register Volume 71, Number 242 (Monday, December 18, 2006)]
[Notices]
[Pages 75751-75752]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-21528]


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ENVIRONMENTAL PROTECTION AGENCY

[A-1-FRL-8257-9]


Clean Air Act Operating Permit Program; Petition for Objection to 
State Operating Permit for Bio Energy in Hopkinton NH

AGENCY: Environmental Protection Agency (EPA).

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

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SUMMARY: This notice announces that the EPA Administrator has responded 
to a citizen petition requesting that EPA object to a Clean Air Act 
(``CAA'' or ``the Act'') title V operating permit modification issued 
by the New Hampshire Department of Environmental Services (``New 
Hampshire DES''). Specifically, the Administrator has granted in part 
and denied in part the petition submitted by the Residents 
Environmental Action Committee of Hopkinton, the Conservation Law 
Foundation, and the Physician Petitioners (collectively referred to 
herein as ``Petitioners'') requesting that the Administrator object to 
the permit modification issued to Bio Energy, LLC of Hopkinton, New 
Hampshire.
    Pursuant to section 505(b)(2) of the Act, the 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.

ADDRESSES: Copies of the final order, petition, and other supporting 
information are available at the Office of Ecosystem Protection, U.S. 
Environmental Protection Agency, EPA New England Regional Office, One 
Congress Street, Suite 1100, Boston, MA. EPA requests that if at all 
possible, you contact the contact listed in the FOR FURTHER INFORMATION 
CONTACT section to schedule your inspection. The Regional Office's 
official hours of business are Monday through Friday, 8:30 to 4:30 
excluding legal holidays. The final order is also available 
electronically at: http://www.epa.gov/region07/programs/artd/air/title5/petitiondb/petitiondb2003.htm.

FOR FURTHER INFORMATION CONTACT: Ida E. McDonnell, Air Permits, Toxics, 
and Indoor Programs Unit, U.S. Environmental Protection Agency, EPA New 
England Regional Office, One Congress Street, Suite 1100 (CAP), Boston, 
MA 02114-2023, telephone number (617) 918-1653, fax number (617) 918-
0653, 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 CAA, 42 U.S.C. 7661-7661f. New Hampshire DES administers 
a fully approved title V program. 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 
not in compliance with the CAA, if EPA has not already 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 such issues during the comment period or the 
grounds for the issues arose after this period.
    On October 21, 2003, the Petitioners submitted a petition 
requesting that EPA object to the issuance of the modified title V 
permit pursuant to section 505(b)(2) of the Act. The Petitioners raised 
four broad objections to the issuance of the modified permit:

[[Page 75752]]

    (1) NH DES failed to provide adequate notice of the proposed permit 
modification to the public;
    (2) NH DES failed to perform adequate air quality modeling analyses 
in its assessment of the proposed permit modification;
    (3) The modified permit does not contain requirements applicable to 
``incinerators'' under the CAA and federal and state regulations;
    (4) The modified permit does not contain state hazardous waste 
management requirements.
    On October 27, 2006, the Administrator issued an order partially 
granting and partially denying the petition. EPA grants the 
Petitioners' request that EPA object to the issuance of the modified 
permit for failure to provide adequate public notice of the proposed 
modification, and directs New Hampshire DES to reissue the draft 
modified permit for public comment. EPA denies the petition with 
respect to all other allegations. The order explains EPA's rationale 
for concluding that NH DES must reopen the draft modified permit for 
public comment. The order also explains EPA's rationale for denying the 
Petitioners' remaining claims.

    Dated: December 8, 2006.
Robert W. Varney,
Regional Administrator, EPA New England.
[FR Doc. E6-21528 Filed 12-15-06; 8:45 am]
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