[Federal Register Volume 75, Number 81 (Wednesday, April 28, 2010)]
[Notices]
[Page 22400]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-9825]


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ENVIROMENTAL PROTECTION AGENCY

[FRL-9142-6]


Clean Air Act Operating Permit Program; Petition To Object to 
Title V Permit for Wheelabrator Baltimore, L.P., Baltimore City, MD

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final action.

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SUMMARY: Pursuant to section 505(b)(2) of the Clean Air Act (CAA), the 
EPA Administrator signed an order, dated April 14, 2010, partially 
granting and partially denying a petition to object to a state 
operating permit proposed to be issued by the Maryland Department of 
the Environment (MDE) to Wheelabrator Baltimore, L.P. for its facility 
located in Baltimore City, Maryland. This order constitutes final 
action on the petition filed by the Environmental Integrity Project, 
the Baltimore Harbor Waterkeeper, Inc., and Clean Water Action 
(Petitioners), dated May 21, 2009, requesting that the Administrator 
object to the issuance of the proposed title V permit.
    Pursuant to section 505(b)(2) of the CAA, the petitioner 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 this notice in 
accordance with the requirements of section 307 of the CAA.

ADDRESSES: Copies of the final order, the petition, and all pertinent 
information relating thereto are on file at the following location: 
Environmental Protection Agency, Region III, Air Protection Division 
(APD), 1650 Arch St., Philadelphia, Pennsylvania 19103. The final order 
is also available electronically at the following Web site: http://www.epa.gov/region07/programs/artd/air/title5/petitionb/petitiondb.htm.

FOR FURTHER INFORMATION CONTACT: Amy Caprio, Air Protection Division, 
EPA Region III, telephone (215) 814-2156, or by e-mail at 
[email protected].

SUPPLEMENTARY INFORMATION: The Clean Air Act (CAA) 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 CAA 
authorizes any person to petition the EPA Administrator within 60 days 
after the expiration of this review period to object to a state 
operating permit if EPA has not done so. Petitions must be based only 
on objections raised with reasonable specificity during the public 
comment period, unless the petitioner demonstrates that it was 
impracticable to raise these issues during the comment period or that 
the grounds for objection or other issue arose after the comment 
period.
    EPA received a petition from the Petitioners, dated May 21, 2009, 
requesting that EPA object to the issuance of the proposed title V 
permit for Wheelabrator Baltimore, L.P. because: (1) Of illegal 
weakening of the title V permit conditions; (2) inadequate monitoring 
methodology; and (3) inadequate monitoring requirements for particulate 
matter, mercury, lead, hydrogen chloride and dioxins/furans. The order 
explains the reasons behind EPA's decision to partially grant and 
partially deny the petition for objection.

    Dated: April 19, 2010.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2010-9825 Filed 4-27-10; 8:45 am]
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