Clean Air Act Operating Permit Program; Petition for Objection to State Operating Permit for Onyx Environmental Services, 13591-13592 [E6-3812]

Download as PDF wwhite on PROD1PC61 with NOTICES Federal Register / Vol. 71, No. 51 / Thursday, March 16, 2006 / Notices 2006; OMB Number 2060–0577; expires February 28, 2009. EPA ICR No. 1801.04; NESHAP for Portland Cement (Renewal); in 40 CFR part 63, subpart LLL; was approved February 22, 2006; OMB Number 2060– 0416; expires February 28, 2009. EPA ICR No. 1867.03; Voluntary Aluminum Industrial Partnership (VAIP) (Renewal); was approved February 17, 2006; OMB Number 2060– 0411; expires February 28, 2009. EPA ICR No. 1856.05; NESHAP for Primary Lead Smelters (Renewal); in 40 CFR part 63, subpart TTT); was approved February 10, 2006; OMB Number 2060–0414; expires February 28, 2009. EPA ICR No. 0983.08; NSPS for Equipment Leaks of VOC in Petroleum Refineries (Renewal); in 40 CFR part 60, subpart GGG; was approved February 14, 2006; OMB Number 2060–0067; expires February 28, 2009. 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EPA ICR No. 2180.02; Recordkeeping and Reporting for the PerformanceBased Qualification of Test Methods for Diesel Fuel (Renewal); in 40 CFR 80.29; 40 CFR 80.240; 40 CFR 80.530–80.532; 40 CFR 80.535–80.536; 40 CFR 80.550– 80.555; 40 CFR 80.560–80.561; 40 CFR 80.590–80.594; 40 CFR 80.597; 40 CFR 80.600–80.604; 40 CFR 80.607; 40 CFR 80.620; was approved March 6, 2006; OMB Number 2060–0566; expires March 31, 2009. Short Term Extensions EPA ICR No. 0575.09; Health and Safety Data Reporting; Submission of Lists and Copies of Health and Safety Studies; OMB Number 2070–0004; on February 22, 2006 OMB extended the expiration date to May 31, 2006. Comment Filed EPA ICR No. 0783.48; Fuel Economy Labeling of Motor Vehicles (Proposed Rule); OMB Number 2060–0104; OMB filed comments on March 6, 2006. Dated: March 8, 2006. Oscar Morales, Director, Collection Strategies Division. [FR Doc. E6–3814 Filed 3–15–06; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [Regional Docket No. V–2005–1, FRL–8045– 7] Clean Air Act Operating Permit Program; Petition for Objection to State Operating Permit for Onyx Environmental Services Environmental Protection Agency (EPA). AGENCY: PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 13591 Notice of final order on petition to object to a title V operating permit. ACTION: SUMMARY: This document announces that the EPA Administrator has responded to a citizen petition asking EPA to object to a Clean Air Act (Act) title V operating permit proposed by the Illinois Environmental Protection Agency (IEPA). Specifically, the Administrator has partially granted and partially denied the petition submitted by the Sierra Club and American Bottom Conservancy to object to the proposed operating permit for Onyx Environmental Services. Pursuant to section 505(b)(2) of the Act, a petitioner may seek in the United States Court of Appeals for the appropriate circuit judicial review of those portions of the petition which EPA denied. Any petition for review shall be filed within 60 days from the date a notice appears in the Federal Register, pursuant to section 307 of the Act. ADDRESSES: You may review copies of the final orders, the petitions, and other supporting information at the EPA Region 5 Office, 77 West Jackson Boulevard, Chicago, Illinois 60604. If you wish to examine these documents, you should make an appointment at least 24 hours before visiting day. Additionally, the final order for Onyx Environmental Services is available electronically at: https://www.epa.gov/ region07/programs/artd/air/title5/ petitiondb/petitiondb2004.htm. FOR FURTHER INFORMATION CONTACT: Pamela Blakley, Chief, Air Permitting Section, Air Programs Branch, Air and Radiation Division, EPA, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, telephone (312) 886– 4447. The Act affords EPA a 45-day period to review, and to object to as appropriate, a title V operating permit proposed by a state permitting authority. Section 505(b)(2) of the Act, 42 U.S.C. 7661d(b)(2), authorizes any person to petition the EPA Administrator within 60 days after the expiration of the EPA review period to object to a title V operating permit 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, unless the petitioner demonstrates that it was impracticable to raise the issues during the comment period, or the grounds for the issues arose after the public comment period. On February 18, 2004, the EPA received from the Sierra Club and American Bottom Conservancy a SUPPLEMENTARY INFORMATION: E:\FR\FM\16MRN1.SGM 16MRN1 wwhite on PROD1PC61 with NOTICES 13592 Federal Register / Vol. 71, No. 51 / Thursday, March 16, 2006 / Notices petition requesting that EPA object to the proposed title V operating permit for Onyx Environmental Services. The Sierra Club and American Bottom Conservancy alleged that the proposed permit (1) violates EPA’s commitments and obligations to address environmental justice issues; (2) lacks a compliance schedule and certification of compliance; (3) does not address modifications Onyx allegedly took that triggered new source review requirements; (4) is based on an eightyear old application; (5) lacks practically enforceable conditions; (6) contains a permit shield that broadly insulates it from ongoing and recent violations; (7) fails to include conditions that meet the legal requirements for monitoring; (8) does not contain a statement of basis; (9) does not require prompt reporting of violations; and (10) fails to establish annual mercury and lead limits. On February 1, 2006, the Administrator signed an order partially granting and partially denying the petition. The order explains the reasons behind EPA’s conclusion that the IEPA must: (1) Address the significant comments concerning the possible need for a compliance schedule in the proposed permit; (2) require Onyx Environmental Services to submit a current compliance certification; (3) address comments concerning modifications made at the Onyx facility and the potential applicability of new source review requirements; (4) require Onyx Environmental Services to submit an updated application that reflects all applicable requirements for the source; (5) make clear either in the permit or statement of basis what constitutes ‘‘normal’’ operating conditions; (6) amend the permit to limit Onyx Environmental Service’s election to regulatory requirements applicable to hazardous waste incinerators; (7) define the terms ‘‘container’’ and ‘‘containerized solids,’’ or explain in the statement of basis where the terms are defined; (8) provide information on where the applicable specifications pertaining to ‘‘manufacturer’s specifications’’ can be located; (9) provide a statement of basis that complies with the requirements of EPA regulations and post its statement of basis on a Web site, or make available to the public on the Web site a notice telling the public where it can obtain the statement of basis; and (10) explain how a thirty day reporting requirement for all deviations is prompt or require a shorter reporting period for deviations as is provided for in 40 CFR part 71. The order also explains the reasons for VerDate Aug<31>2005 15:48 Mar 15, 2006 Jkt 208001 denying Sierra Club and American Bottom Conservancy’s remaining claims. Pursuant to sections 505(b)(2) and 307 of the Act, Petitioners have 60 days from the date that this notice appears in the Federal Register to petition the United States Court of Appeals for the Seventh Circuit for review of the portions of the petition which EPA denied. Dated: March 2, 2006. Bharat Mathur, Acting Regional Administrator, Region 5. [FR Doc. E6–3812 Filed 3–15–06; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OAR–2006–0094; FRL–8045–6] Proposed Approval of Central Characterization Project’s Transuranic Waste Characterization Program at the Savannah River Site Environmental Protection Agency. ACTION: Notice of availability; opening of public comment period. AGENCY: SUMMARY: The Environmental Protection Agency (‘‘EPA’’ or ‘‘we’’) is announcing the availability of, and soliciting public comments for 45 days on, the proposed approval of the waste characterization program implemented by the Central Characterization Project (‘‘CCP’’) to characterize transuranic (‘‘TRU’’) radioactive waste at the Savannah River Site (SRS) proposed for disposal at the Waste Isolation Pilot Plant (‘‘WIPP’’). In accordance with the WIPP Compliance Criteria, EPA evaluated the CCP’s characterization of TRU debris waste and soils/gravel from SRS during an inspection conducted October 31– November 3, 2005. Using the systems and processes developed as part of the Department of Energy’s (‘‘DOE’s’’) Carlsbad Field Office (‘‘CBFO’’) CCP, EPA verified whether DOE could adequately characterize TRU waste consistent with the Compliance Criteria. The results of EPA’s evaluation of the SRS CCP program and the proposed approval are described in EPA’s inspection report, which is available for review in the public dockets listed in ADDRESSES. We will consider public comments received on or before the due date mentioned in DATES. This notice summarizes the waste characterization processes EPA evaluated, the ‘‘tier’’ EPA assigned to each waste characterization process component, and the TRU waste categories proposed for approval. As PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 required by the 40 CFR 194.8 changes promulgated in July 2004, at the end of a 45-day comment period EPA will evaluate public comments received, finalize the report responding to the relevant public comments, and issue the final report and an approval letter to DOE’s Carlsbad Field Office. Waste that is characterized by the SRS CCP is not eligible for disposal at WIPP until EPA formally grants its approval. DATES: Comments must be received on or before May 1, 2006. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–HQ– OAR–2006–0094, by one of the following methods: • https://www.regulations.gov: Follow the on-line instructions for submitting comments. • E-mail: to a-and-r-docket@epa.gov. • Fax: 202–566–1741. • Mail: Air and Radiation Docket and Information Center, Environmental Protection Agency, Mailcode: 6102T, 1200 Pennsylvania Ave., NW., Washington, DC 20460. Instructions: Direct your comments to Attn: Docket ID No. EPA–HQ–OAR– 2006–0094. The Agency’s policy is that all comments received will be included in the public docket without change and may be made available online at https:// www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through https:// www.regulations.gov or e-mail. The https://www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through https:// www.regulations.gov your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information E:\FR\FM\16MRN1.SGM 16MRN1

Agencies

[Federal Register Volume 71, Number 51 (Thursday, March 16, 2006)]
[Notices]
[Pages 13591-13592]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-3812]


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ENVIRONMENTAL PROTECTION AGENCY

[Regional Docket No. V-2005-1, FRL-8045-7]


Clean Air Act Operating Permit Program; Petition for Objection to 
State Operating Permit for Onyx Environmental Services

AGENCY: Environmental Protection Agency (EPA).

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

-----------------------------------------------------------------------

SUMMARY: This document announces that the EPA Administrator has 
responded to a citizen petition asking EPA to object to a Clean Air Act 
(Act) title V operating permit proposed by the Illinois Environmental 
Protection Agency (IEPA). Specifically, the Administrator has partially 
granted and partially denied the petition submitted by the Sierra Club 
and American Bottom Conservancy to object to the proposed operating 
permit for Onyx Environmental Services.
    Pursuant to section 505(b)(2) of the Act, a petitioner may seek in 
the United States Court of Appeals for the appropriate circuit judicial 
review of those portions of the petition which EPA denied. Any petition 
for review shall be filed within 60 days from the date a notice appears 
in the Federal Register, pursuant to section 307 of the Act.

ADDRESSES: You may review copies of the final orders, the petitions, 
and other supporting information at the EPA Region 5 Office, 77 West 
Jackson Boulevard, Chicago, Illinois 60604. If you wish to examine 
these documents, you should make an appointment at least 24 hours 
before visiting day. Additionally, the final order for Onyx 
Environmental Services is available electronically at: https://
www.epa.gov/region07/programs/artd/air/title5/petitiondb/
petitiondb2004.htm.

FOR FURTHER INFORMATION CONTACT: Pamela Blakley, Chief, Air Permitting 
Section, Air Programs Branch, Air and Radiation Division, EPA, Region 
5, 77 West Jackson Boulevard, Chicago, Illinois 60604, telephone (312) 
886-4447.

SUPPLEMENTARY INFORMATION: The Act affords EPA a 45-day period to 
review, and to object to as appropriate, a title V operating permit 
proposed by a state permitting authority. Section 505(b)(2) of the Act, 
42 U.S.C. 7661d(b)(2), authorizes any person to petition the EPA 
Administrator within 60 days after the expiration of the EPA review 
period to object to a title V operating permit 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, 
unless the petitioner demonstrates that it was impracticable to raise 
the issues during the comment period, or the grounds for the issues 
arose after the public comment period.
    On February 18, 2004, the EPA received from the Sierra Club and 
American Bottom Conservancy a

[[Page 13592]]

petition requesting that EPA object to the proposed title V operating 
permit for Onyx Environmental Services. The Sierra Club and American 
Bottom Conservancy alleged that the proposed permit (1) violates EPA's 
commitments and obligations to address environmental justice issues; 
(2) lacks a compliance schedule and certification of compliance; (3) 
does not address modifications Onyx allegedly took that triggered new 
source review requirements; (4) is based on an eight-year old 
application; (5) lacks practically enforceable conditions; (6) contains 
a permit shield that broadly insulates it from ongoing and recent 
violations; (7) fails to include conditions that meet the legal 
requirements for monitoring; (8) does not contain a statement of basis; 
(9) does not require prompt reporting of violations; and (10) fails to 
establish annual mercury and lead limits.
    On February 1, 2006, the Administrator signed an order partially 
granting and partially denying the petition. The order explains the 
reasons behind EPA's conclusion that the IEPA must: (1) Address the 
significant comments concerning the possible need for a compliance 
schedule in the proposed permit; (2) require Onyx Environmental 
Services to submit a current compliance certification; (3) address 
comments concerning modifications made at the Onyx facility and the 
potential applicability of new source review requirements; (4) require 
Onyx Environmental Services to submit an updated application that 
reflects all applicable requirements for the source; (5) make clear 
either in the permit or statement of basis what constitutes ``normal'' 
operating conditions; (6) amend the permit to limit Onyx Environmental 
Service's election to regulatory requirements applicable to hazardous 
waste incinerators; (7) define the terms ``container'' and 
``containerized solids,'' or explain in the statement of basis where 
the terms are defined; (8) provide information on where the applicable 
specifications pertaining to ``manufacturer's specifications'' can be 
located; (9) provide a statement of basis that complies with the 
requirements of EPA regulations and post its statement of basis on a 
Web site, or make available to the public on the Web site a notice 
telling the public where it can obtain the statement of basis; and (10) 
explain how a thirty day reporting requirement for all deviations is 
prompt or require a shorter reporting period for deviations as is 
provided for in 40 CFR part 71. The order also explains the reasons for 
denying Sierra Club and American Bottom Conservancy's remaining claims.
    Pursuant to sections 505(b)(2) and 307 of the Act, Petitioners have 
60 days from the date that this notice appears in the Federal Register 
to petition the United States Court of Appeals for the Seventh Circuit 
for review of the portions of the petition which EPA denied.

    Dated: March 2, 2006.
Bharat Mathur,
Acting Regional Administrator, Region 5.
 [FR Doc. E6-3812 Filed 3-15-06; 8:45 am]
BILLING CODE 6560-50-P
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