[Federal Register Volume 72, Number 74 (Wednesday, April 18, 2007)]
[Notices]
[Pages 19490-19491]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-7351]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8301-1]


Clean Air Act Operating Permit Program; Petition for Objection to 
South Dakota State Operating Permit for Pope & Talbot, Inc., Lumber 
Mill, Spearfish, SD

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of direct final order.

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SUMMARY: This notice announces that the EPA Administrator has responded 
to a citizens' petition asking EPA to object to a State operating 
permit issued by the South Dakota Department of Environmental and 
Natural Resources (DENR). Specifically, the Administrator has partially 
granted and partially denied the petition submitted by Jeremy Nichols, 
and the other Petitioners, to object to the issuance of the operating 
permit issued to Pope and Talbot, Inc., for its lumber mill, located in 
Spearfish, South Dakota.
    Pursuant to section 505(b)(2) of the Clean Air Act (Act), 
Petitioners may seek judicial review of those portions 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 of the date this notice appears in the Federal Register, pursuant 
to section 307(d) of the Act.

ADDRESSES: You may review copies of the final Order, the petition, and 
other supporting information at the Environmental Protection Agency, 
Region 8, 1595 Wynkoop Street, Denver, Colorado 80202-1129 after April 
16, 2007. EPA requests that you contact the individual listed in the 
FOR FURTHER INFORMATION CONTACT section to view the copies of these 
documents. You may view these documents Monday through Friday, 8 a.m. 
to 4 p.m., excluding Federal holidays. If you wish to examine these 
documents, you should make an appointment at least 24 hours before the 
visiting day. The final Order is also available electronically at the 
each of the following addresses: http://www.epa.gov/region07/programs/artd/air/title5/petitiondb/petitions/pope_talbot_decision2006.pdf. 
and http://www.epa.gov/region07/programs/artd/air/title5/petitiondb/petitiondb2006.htm.

FOR FURTHER INFORMATION CONTACT: Christopher Ajayi, Environmental 
Engineer, Air and Radiation Program, Office of Partnerships and 
Regulatory Assistance, Mail Code 8P-AR, U.S. Environmental Protection 
Agency, Region 8, 1595 Wynkoop Street, Denver, CO 80202-1129, telephone 
(303) 312-6320, or e-mail at [email protected].

SUPPLEMENTARY INFORMATION: The Clean Air Act (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 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 provided by the State, unless the 
Petitioner demonstrates that it was impracticable to object during the 
comment period or that the grounds for the objection or other issue 
arose after this period.
    On April 11, 2006, the EPA received a petition from Petitioners 
requesting that EPA object to the issuance of the Title V operating 
permit issued by South Dakota Department of Environmental and Natural 
Resources (DENR) to Pope and Talbot, Inc., to operate a lumber mill in 
Spearfish, South Dakota (``the Facility'').
    The Petitioners request that EPA object to the issuance of the 
proposed permit and raise the following objections as the bases for 
their petition:
    1. Permit fails to ensure compliance with Carbon Dioxide (CO) 
emission limits,
    2. Permit lacks sufficient periodic monitoring of CO emissions,
    3. Permit may need ``schedule of compliance'' because it fails to 
ensure that CO emission limits are below Prevention of Significant 
Deterioration (PSD) levels and thus not in compliance with PSD 
requirements,
    4. Permit fails to ensure compliance with South Dakota State

[[Page 19491]]

Implementation Plan (SIP) and Title V permit modification procedure in 
accordance with state of South Dakota's rule,
    5. Permit fails to require sufficient periodic opacity monitoring,
    6. Permit fails to require prompt reporting of opacity deviations,
    7. Permit does not require ``prompt'' reporting,
    8. Permit fails to subject the facility to Maximum Achievable 
Control Technology (MACT), and
    9. Permit contains other Conditions (5.4, 6.1, 6.3 and 6.5) that 
warrant objection by the Administrator.
    On March 22, 2007, the Administrator issued an Order partially 
granting and partially denying the petition. The Order explains the 
reasons for partially granting the petition and directs DENR to revise 
and/or remove specific permit language and/or discussions in the 
Statement of Basis. The Order also directs DENR to provide additional 
information to support certain permit Conditions. Finally, the Order 
explains the reasons for denying the petitioners' remaining claims.

    Dated: April 4, 2007.
Kerrigan G. Clough,
Deputy Regional Administrator, Region 8.
[FR Doc. E7-7351 Filed 4-17-07; 8:45 am]
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