[Federal Register Volume 72, Number 3 (Friday, January 5, 2007)]
[Notices]
[Pages 544-545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-22561]


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ENVIRONMENTAL PROTECTION AGENCY

[CA-06-01; FRL-8265-9]


Notice of Prevention of Significant Deterioration Final 
Determination for Knauf Insulation, GmbH, Shasta Lake, CA

AGENCY: Environmental Protection Agency (``EPA'').

ACTION: Notice of final action.

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SUMMARY: This notice announces that on November 14, 2006, the 
Environmental Appeals Board (``EAB'') of EPA denied review of all 
petitions for review of a Prevention of Significant Deterioration 
(``PSD'') permit (``Permit'') that EPA Region 9 issued to Knauf 
Insulation, GmbH (``Knauf''). The Permit was issued pursuant to the PSD 
regulations under 40 CFR 52.21.

DATES: The effective date of the EAB's decision, and the Permit, is 
November 14, 2006. Pursuant to Section 307(b)(1) of the Clean Air Act 
(``CAA''), 42 U.S.C. 7607(b)(1), judicial review of this permit 
decision, to the extent it is available, may be sought by filing a 
petition for review in the United States Court of Appeals for the Ninth 
Circuit within 60 days of January 5, 2007.

ADDRESSES: The relevant documents for the Permit are available for 
public inspection during normal business hours at the following 
address: EPA Region 9, 75 Hawthorne Street, San Francisco, California 
94105. To arrange viewing of these documents, contact Shaheerah Kelly 
at (415) 947-4156 or [email protected]. The Permit is also 
available at http://www.epa.gov/region09/air/permit/knauf.

FOR FURTHER INFORMATION CONTACT: Shaheerah Kelly, EPA, Region 9, Air 
Division (AIR-3), 75 Hawthorne Street, San Francisco, CA 94105.

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and 
``our'' refer to EPA.

I. What Action Is EPA Taking?
II. What Is the Background Information?
III. What Did the EAB Decide?

I. What Action Is EPA Taking?

    We are notifying the public of a final decision by the EAB on the 
Permit issued by EPA Region 9 pursuant to the PSD regulations found at 
40 CFR 52.21.

II. What Is the Background Information?

    Knauf is an existing fiberglass manufacturing facility located in 
Shasta Lake, Shasta County, California. The Shasta County Air Quality 
Management District (``AQMD'') issued Knauf's PSD permit on March 22, 
2000 authorizing construction of the facility. The facility has been in 
operation since 2002.
    In March 2003, EPA rescinded the PSD delegation for many California 
air pollution permitting agencies, including the Shasta County AQMD 
which is the air pollution permitting agency in Shasta County. Based on 
this action and since the Shasta County AQMD did not subsequently 
request PSD delegation, EPA is currently the PSD permitting authority 
within Shasta County, California.
    Knauf submitted a PSD application to EPA Region 9 to revise the 
facility's Permit. After consideration of the PSD application, EPA 
Region 9 issued the draft revised Permit on January 31, 2006, for 
public review and comment. On May 11, 2006, after providing an 
opportunity for public comment and a public hearing, EPA issued the 
revised Permit. The revised Permit changed Knauf's previous Permit by 
(1) establishing nitrogen oxide (``NOX'') emission 
limitations of 16.5 pounds per hour (``lb/hr'') and 1.76 pounds per ton 
of glass pulled (``lb/ton'') at the manufacturing line main stack, and 
(2) changing particulate matter less than 10 microns in diameter 
(``PM10'') emission limitations to 28.4 lb/hr and 3.03 lb/ton of at the 
manufacturing line main stack, and 0.67 lb/hr and 0.07 lb/ton at the

[[Page 545]]

glass melting furnace stack. The revised Permit also included other 
changes related to the changes in the emission limitations.
    Subsequent to the issuance of the revised Permit, the EAB received 
six petitions requesting review of the revised Permit. The EAB denied 
review of all six petitions.

III. What Did the EAB Decide?

    Four of the petitions raised public health concerns and general 
concerns about the Knauf facility which were already addressed in EPA 
Region 9's response to comments for the revised Permit. The EAB denied 
review of these petitions because they failed to demonstrate why EPA 
Region 9's response was clearly erroneous or otherwise warranted 
review. For one of these petitions, which asserted that the original 
permit issued in 2000 violated the CAA by allowing the facility to be 
built, the EAB ruled that the assertion did not relate to any condition 
of the revised Permit issued by EPA Region 9 and was, therefore, beyond 
the scope of the EAB proceeding.
    One petition related to two documents filed with the EAB titled 
``Notice of Appeal'' and ``Request for Time Extension.'' The Notice of 
Appeal asked for permission to file an appeal with the EAB, but did not 
raise any specific objections to the revised Permit, and the Extension 
Request stated only that the petitioners were waiting to receive 
certain information from EPA Region 9. The EAB denied review because 
the petitioners did not articulate any specific objections to the 
revised Permit and did not establish good cause for extending the time 
to file an appeal.
    One petition objected to the location of the Knauf facility and 
asked for reconsideration of the permitting decision. The EAB denied 
review since the petitioner did not file the petition in a timely 
manner and did not participate in the permitting process during the 
public comment period for the draft revised Permit.
    Readers interested in more detail on the appeal issues raised by 
the petitioners and the reasons for the EAB's denial of review may 
download EAB's Order Denying Review from the EAB Web site at http://www.epa.gov/eab.
    Pursuant to 40 CFR 124.19(f)(1), for purposes of judicial review, 
final agency action occurs when a final PSD permit is issued and agency 
review procedures are exhausted. This notice is being published 
pursuant to 40 CFR 124.19(f)(2), which requires notice of any final 
agency action regarding a PSD permit to be published in the Federal 
Register. This notice constitutes notice of the final agency action 
denying review of the revised Permit and, consequently, notice of the 
EPA Region 9's issuance of the Permit (PSD Permit No. Permit No. NSR 4-
4-4, SAC 03-01) to Knauf. If available, judicial review of these 
determinations under section 307(b)(1) of the CAA may be sought only by 
the filing of a petition for review in the United States Court of 
Appeals for the Ninth Circuit, within 60 days from the date on which 
this notice is published in the Federal Register. Under section 
307(b)(2) of the CAA, this determination shall not be subject to later 
judicial review in any civil or criminal proceedings for enforcement.

    Dated: December 20, 2006.
Kerry J. Drake,
Acting Director, Air Division, Region 9.
[FR Doc. E6-22561 Filed 1-4-07; 8:45 am]
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