[Federal Register Volume 81, Number 226 (Wednesday, November 23, 2016)]
[Notices]
[Pages 84576-84577]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28268]


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ENVIRONMENTAL PROTECTION AGENCY

[Petition Vl-2014-10; FRL-9955-61-Region 9]


Clean Air Act Operating Permit Program; Petition for Objection to 
State Operating Permit for Hu Honua Bioenergy Facility, LLC; Pepeekeo, 
Hawaii

AGENCY: United States Environmental Protection Agency (EPA).

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

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[[Page 84577]]

SUMMARY: Pursuant to Clean Air Act (CAA or Act), the EPA Administrator 
signed an Order, dated September 14, 2016, 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. 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 September 15, 2014 (Petition). 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.

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 
94105.

FOR FURTHER INFORMATION CONTACT: Gerardo Rios, Section Chief, Air 
Permits Office, EPA Region 9, at (415) 972-3974 or 
[email protected].

SUPPLEMENTARY INFORMATION: The CAA affords the 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 the EPA's 45-day review period if the 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.
    On September 15, 2014, the EPA received a Petition dated September 
13, 2014, pursuant to section 505(b)(2) of the CAA, 42 U.S.C. 
7661d(b)(2), and 40 CFR 70.8(d). The Petition requested that the EPA 
object to the title V operating permit proposed on March 14, 2014 by 
HDOH, for the Hu Honua Bioenergy Facility, which is an electricity 
generating facility that consists primarily of a single biomass-fired 
steam boiler. On February 18, 2016, HDOH issued a final permit for Hu 
Honua, identified as Amendment of Covered Source Permit Number 0724-01-
C, pursuant to Hawaii's Administrative Rules at Title 11, Chapter 60.1, 
Air Pollution Control.
    The Petitioner requested that EPA object to the above referenced 
permit based on the following ten claims: (1) HDOH has failed to 
satisfy the public participation requirements of the Act, title V 
regulations, and state law; (2) permit limitations for criteria 
pollutants are not practically enforceable; (3) emissions limitations 
for hazardous air pollutants (HAPs) are not federally or practically 
enforceable; (4) emissions factors for HAPs are unacceptable; (5) the 
permit does not explicitly preclude affirmative defenses; (6) the 
monitoring report requirements are not practically enforceable; (7) 
there is no requirement for monitoring, recording, and reporting flow 
meter data; (8) special condition E6 concerning semi-annual reporting 
is ambiguous; (9) the permit fails to address greenhouse gas emissions; 
and (10) HDOH failed to estimate emissions from malfunction or upset 
conditions.
    On September 14, 2016, the Administrator issued an Order denying 
each of the claims raised in the Petition. The Order explains the EPA's 
rationale for denying the petition. No modification or replacement of 
the above referenced permit is required as a result of this Order.

    Dated: November 3, 2016.
Elizabeth Adams,
Acting Director, Air Division, Region IX.
[FR Doc. 2016-28268 Filed 11-22-16; 8:45 am]
 BILLING CODE 6560-50-P