[Federal Register Volume 79, Number 38 (Wednesday, February 26, 2014)]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-04174]
ENVIRONMENTAL PROTECTION AGENCY
[Petition IV-2011-1; FRL-9907-12-Region 9]
Clean Air Act Operating Permit Program; Petition for Objection to
State Operating Permit for Hu Honua Bioenergy Facility, LLC; Pepeekeo,
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of final order on petition to object to a state
SUMMARY: Pursuant to Clean Air Act (CAA) Section 505(b)(2) and 40 CFR
70.8(d), the EPA Administrator signed an Order, dated February 7, 2014,
partially granting and partially denying a petition to object to a CAA
title V operating permit proposed by the Clean Air Branch,
Environmental Management Division, Hawaii Department of Health (HDOH)
for the Hu Honua Bioenergy Facility, LLC (Hu Honua) in Pepeekeo,
Hawaii. For the Issues that EPA denied, the Order constitutes a final
action on the petition submitted by the Law Office of Marc Chytilo, on
behalf of Preserve Pepeekeo Health & Environment (Petitioner), on
August 26, 2011. Pursuant to section 505(b)(2) of the CAA, a petitioner
may seek judicial review in the United States Court of Appeals for the
appropriate circuit of those portions of the petition which EPA denied.
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 CAA.
ADDRESSES: Copies of the Order, the petition, and all pertinent
information relating thereto are on file at the following location: EPA
Region 9; Air Division; 75 Hawthorne Street; San Francisco, California
FOR FURTHER INFORMATION CONTACT: Gerardo Rios, Air Permits Office, EPA
Region 9, at (415) 972-3974 or [email protected].
SUPPLEMENTARY INFORMATION: The CAA affords EPA a 45-day period to
review and, as appropriate, the authority to object to operating
permits proposed by state permitting authorities under title V of the
CAA, 42 U.S.C. 7661-7661f. Section 505(b)(2) of the CAA 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.
The petitioner submitted a petition regarding Hu Honua on August
26, 2011, requesting that EPA object to the CAA title V operating
permit, identified as Covered Source Permit Number 0724-01-C. The
Petitioner alleged that the permit was not consistent with the CAA
because: (1) EPA raised objectionable issues in its comment letter on
the proposed permit; (2) the permit fails to ensure compliance with
criteria air pollutant emission limits; (3) the permit fails to ensure
compliance with Best Available Control Technology (BACT) requirements
for CO; (4) the permit fails to ensure compliance with hazardous air
pollutant (HAP) emission limits; (5) the baghouse is not adequately
described or monitored; (6) the permit fails to ensure compliance with
applicable state law and State Implementation Plan (SIP) requirements;
(7) the permit fails to ensure compliance with Maximum Achievable
Control Technology (MACT) requirements for major sources of HAPs; (8)
the permit impermissibly exempts startups and shutdowns from emissions
limits; (9) the facility's biomass handling, chipping, and storage
operations do not qualify as an ``insignificant activity''; (10) the
permit fails to address emissions from trona or lime and ash handling;
(11) HDOH failed to address ammonia slip and sulfuric acid mist
emissions; (12) HDOH failed to directly regulate and evaluate the
impacts of PM2.5; and (13) HDOH failed to adequately respond
to significant public comments.
On February 7, 2014, the Administrator issued an Order partially
granting and partially denying the petition. The Order explains EPA's
rationale for partially granting and partially denying the petition.
Dated: February 11, 2014.
Regional Administrator, Region IX.
[FR Doc. 2014-04174 Filed 2-25-14; 8:45 am]
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