Clean Air Act Operating Permit Program; Petition for Objection to State Operating Permit for G-P Gypsum Corporation; and Request for Reconsideration of Order Regarding Eastman Kodak Company, Kodak Park Facility, 32084-32085 [E6-8617]
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32084
Federal Register / Vol. 71, No. 106 / Friday, June 2, 2006 / Notices
safety factors (including the potential
increased risk of burn or fire) associated
with compliance with the California
standard’’ when considering any request
from California to authorize the state to
adopt or enforce standards or other
requirements relating to the control of
emission from new non-road sparkignition engines smaller than 50
horsepower.8
When EPA receives new waiver or
authorization requests from CARB, EPA
traditionally publishes a notice of
opportunity for public hearing and
comment and then publishes a decision
in the Federal Register following the
public comment period. In contrast,
when EPA receives within the scope
waiver requests from CARB, EPA
usually publishes a decision in the
Federal Register and concurrently
invites public comment if an interested
part is opposed to EPA’s decision.
Although CARB in its April 11, 2005
letter to EPA seeks confirmation that it
exhaust emission amendments are
within the scope of previous
authorizations, EPA invites comment on
whether California’s exhaust emission
standards and test procedures
amendments, within the context of a
within the scope analysis (a) Undermine
California’s previous determination that
its standards, in the aggregate, are at
least as protective of public health and
welfare as comparable Federal
standards, (b) affect the consistency of
California’s requirements with section
209 of the Act, and (c) raise new issues
affecting EPA’s previous authorization
determinations. EPA also asks comment
on how safety factors, including the
potential increased risk of burn or fire,
are affected by the California standards.
Please also provide comment that if
CARB’s exhaust emission standards and
test procedures amendments were not
found to be within the scope of previous
authorizations and instead required a
full authorization analysis, whether (a)
CARB’s determination that its
standards, in the aggregate, are at least
as protective of public health and
welfare as applicable Federal standards
is arbitrary and capricious, (b) California
needs separate standards to meet
compelling and extraordinary
conditions, and (c) California’s
standards and accompanying
enforcement procedures are consistent
with section 209 of the Act. EPA also
asks comment on how safety factors,
including the potential increased risk of
burn or fire, are affected by the
California standards.
8 See Fiscal Year 2004 Omnibus Appropriations
Act (Pub. L. 108–199 Division G Section 428).
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EPA also invites comment on CARB’s
evaporative emission standards and test
procedures (for which CARB seeks a full
authorization) and whether (a) CARB’s
determination that its standards, in the
aggregate, are at least as protective of
public health and welfare as applicable
federal standards is arbitrary and
capricious, (b) California needs separate
standards to meet compelling and
extraordinary conditions, and (c)
California’s standards and
accompanying enforcement procedures
are consistent with section 209 of the
Act. EPA also asks comment on how
safety factors, including the potential
increased risk of burn or fire, are
affected by the California standards.
Procedures for Public Participation
In recognition that public hearings are
designed to give interested parties an
opportunity to participate in this
proceeding, there are no adverse parties
as such. Statements by participants will
not be subject to cross-examination by
other participants without special
approval by the presiding officer. The
presiding officer is authorized to strike
from the record statements that he or
she deems irrelevant or repetitious and
to impose reasonable time limits on the
duration of the statement of any
participant.
The Agency will make a verbatim
record of the proceedings. Interested
parties may arrange with the reporter at
the hearing to obtain a copy of the
transcript at their own expense. EPA
will keep the record open until August
1, 2006. Upon expiration of the
comment period, the Administrator will
render a decision on CARB’s request
based on the record of the public
hearing, relevant written submissions,
and other information that he deems
pertinent. All information will be
available for inspection at EPA Air
Docket. (EPA–HQ–OAR–2005–0133).
Persons with comments containing
proprietary information must
distinguish such information from other
comments to the greatest possible extent
and label it as ‘‘Confidential Business
Information’’ (CBI). If a person making
comments wants EPA to base its
decision in part on a submission labeled
CBI, then a nonconfidential version of
the document that summarizes the key
data or information should be submitted
for the public docket. To ensure that
proprietary information is not
inadvertently placed in the docket,
submissions containing such
information should be sent directly to
the contact person listed above and not
to the public docket. Information
covered by a claim of confidentiality
will be disclosed by EPA only to the
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extent allowed and by the procedures
set forth in 40 CFR part 2. If no claim
of confidentiality accompanies the
submission when EPA receives it, EPA
will make it available to the public
without further notice to the person
making comments.
Dated: May 26, 2006.
William L. Wehrum,
Acting Assistant Administrator, Office of Air
and Radiation.
[FR Doc. E6–8611 Filed 6–1–06; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[Regional Docket Nos. II–2003–02, II–2005–
05; FRL–8179–2]
Clean Air Act Operating Permit
Program; Petition for Objection to
State Operating Permit for G–P
Gypsum Corporation; and Request for
Reconsideration of Order Regarding
Eastman Kodak Company, Kodak Park
Facility
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice of final decisions
concerning State operating permits.
SUMMARY: This document announces
two decisions the EPA Administrator
has made. First, the Administrator has
partially granted and partially denied a
citizen petition submitted by the South
Jersey Environmental Justice Alliance
(SJEJA) requesting that EPA object to an
operating permit issued to the G–P
Gypsum Corporation by the New Jersey
Department of Environmental Protection
(NJDEP). Secondly, the Administrator
has granted a request from the New
York State Department of
Environmental Conservation (NYSDEC)
that EPA reconsider certain revisions to
the Kodak Park Facility’s operating
permit mandated by the Administrator’s
February 18, 2005 Order, which was
issued in response to a citizen petition.
In granting NYSDEC(s request, the
Administrator has amended the
February 18, 2005 Order. While some
changes have been made, none of the
Administrator’s previous issue-specific
decisions to grant the Kodak Park
petition have been reversed in the
amendment.
Pursuant to section 505(b)(2) of the
Clean Air Act (Act), Petitioner (SJEJA)
may seek judicial review of those
portions of the G–P Gypsum 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 from the date this
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Federal Register / Vol. 71, No. 106 / Friday, June 2, 2006 / Notices
jlentini on PROD1PC65 with NOTICES
notice appears in the Federal Register,
pursuant to section 307 of the Act. The
Administrator’s action amending the
February 18, 2005 Order on Kodak is
not subject to judicial review, as no
portions of the original citizen petition
were denied.
ADDRESSES: You may review copies of
the final order, the petition, and all
relevant information at the EPA Region
2 Office, 290 Broadway, New York, New
York 10007–1866. If you wish to
examine these documents, you should
make an appointment at least 24 hours
before visiting day. Additionally, the
final order for G–P Gypsum is available
electronically at: https://www.epa.gov/
region07/programs/artd/air/title5/
petitiondb/petitiondb2002.htm, and the
amended Kodak order is available
electronically at: https://www.epa.gov/
region07/programs/artd/air/title5/
petitiondb/petitiondb2003.htm.
FOR FURTHER INFORMATION CONTACT:
Steven Riva, Chief, Permitting Section,
Air Programs Branch, Division of
Environmental Planning and Protection,
EPA, Region 2, 290 Broadway, 25th
Floor, New York, New York 10007–
1866, telephone (212) 637–4074.
SUPPLEMENTARY INFORMATION: The 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 raise these issues
during the comment period or the
grounds for the issues arose after this
period.
I. G–P Gypsum Corporation
On September 15, 2005, the EPA
received a petition from SJEJA,
requesting that EPA object to the
issuance of the title V operating permit
for G–P Gypsum based on the following
allegations: (1) The draft permit was not
accompanied by a statement of basis
explaining various permitting decisions,
particularly eight monitoring provisions
that NJDEP added after the close of
public comment; (2) the facility should
have filed a compliance plan and the
permit should have contained a
compliance schedule; (3) the permit
fails to address past violations; (4) the
permit has inadequate monitoring and
reporting provisions; (5) NJDEP failed to
VerDate Aug<31>2005
18:05 Jun 01, 2006
Jkt 208001
ensure safe ambient air quality levels in
the Camden area; and (6) NJDEP did not
adequately address environmental
justice issues.
On April 4, 2006, the Administrator
issued an order partially granting and
partially denying the petition on G–P
Gypsum. The order explains the reasons
behind EPA’s conclusion that the NJDEP
must re-issue the statement of basis to
provide an explanation for the eight
monitoring provisions added after the
close of the public comment period. The
order also explains the reasons for
denying SJEJA’s remaining claims.
II. Kodak Park
On August 16, 2005, the EPA received
a letter from NYSDEC, requesting that
EPA reconsider certain revisions to the
Kodak Park Facility’s operating permit,
mandated by the Administrator’s
February 18, 2005 Order. This Order
granted in part and denied in part a
petition filed by the New York Public
Interest Research Group, asking EPA to
object to the Kodak Park Facility(s
operating permit. In its letter, NYSDEC
sought reconsideration of EPA’s
objections for the following reasons: (1)
The actual annual quantity of benzene
in facility waste is very low compared
to the permitted cap; (2) the standard
test method for volatile organic
compounds (VOC) in coatings and
fountain solutions is burdensome and
yields unreliable results, and actual
VOC levels are low compared to
permitted levels; and (3) frequent
monitoring on several small cold
cleaning units is overly burdensome.
On April 4, 2006, the Administrator
issued an amended order, granting the
request for reconsideration on Kodak
Park. The amended Order explains the
reasons behind EPA’s decision to
provide the NYSDEC with some
flexibility in resolving EPA’s February
18, 2005 objections regarding these
three issues. The amended Order also
explains why EPA believes there
continue to be sufficient bases on which
to grant the citizen petition on these
issues.
Dated: May 22, 2006.
Alan J. Steinberg,
Regional Administrator, Region 2.
[FR Doc. E6–8617 Filed 6–1–06; 8:45 am]
BILLING CODE 6560–50–P
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32085
ENVIRONMENTAL PROTECTION
AGENCY
[ER–FRL–6675–8]
Environmental Impact Statements and
Regulations; Availability of EPA
Comments
Availability of EPA comments
prepared pursuant to the Environmental
Review Process (ERP), under section
309 of the Clean Air Act and section
102(2)(c) of the National Environmental
Policy Act as amended. Requests for
copies of EPA comments can be directed
to the Office of Federal Activities at
202–564–7167.
An explanation of the ratings assigned
to draft environmental impact
statements (EISs) was published in the
Federal Register dated April 7, 2006 (71
FR 17845).
Draft EISs
EIS No. 20060034, ERP No. D–NRC–
F06028–MN, GENERIC—License
Renewal of Nuclear Plants,
Supplement 26 to NUREG 1437,
Regarding Monticello Nuclear
Generating Plant (TAC NO. MC6441)
Renewal of Operating License DRP–22
for Additional 20-Years of Operation,
Mississippi River, City of Monticello,
Wright County, MN.
Summary: EPA expressed
environmental concerns about
radiological impacts and risk estimates,
future up rates, spent fuel storage
facilities, and abnormal effluent
releases.
Rating EC2.
EIS No. 20060077, ERP No. D–COE–
E36184–FL, Central and Southern
Florida Project, New Authorization
for Broward County Water Preserve
Areas, South Florida Water
Management District (SFWMD),
Comprehensive Everglades
Restoration Plan, (CERP), Broward
County, FL.
Summary: EPA fully supports the
restoration components of the project
and its expedited implementation. EPA
requested quantification of water quality
benefits and an exotics management
plan.
Rating EC1.
EIS No. 20060089, ERP No. DS–AFS–
L65400–ID, West Gold Creek Project,
Updated Information, Forest
Management Activities Plan,
Implementation, Idaho Panhandle
National Forests, Sandpoints Ranger
District, Bonner County, ID.
Summary: EPA expressed
environmental concerns about the
potential adverse impacts to water
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02JNN1
Agencies
[Federal Register Volume 71, Number 106 (Friday, June 2, 2006)]
[Notices]
[Pages 32084-32085]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-8617]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[Regional Docket Nos. II-2003-02, II-2005-05; FRL-8179-2]
Clean Air Act Operating Permit Program; Petition for Objection to
State Operating Permit for G-P Gypsum Corporation; and Request for
Reconsideration of Order Regarding Eastman Kodak Company, Kodak Park
Facility
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of final decisions concerning State operating permits.
-----------------------------------------------------------------------
SUMMARY: This document announces two decisions the EPA Administrator
has made. First, the Administrator has partially granted and partially
denied a citizen petition submitted by the South Jersey Environmental
Justice Alliance (SJEJA) requesting that EPA object to an operating
permit issued to the G-P Gypsum Corporation by the New Jersey
Department of Environmental Protection (NJDEP). Secondly, the
Administrator has granted a request from the New York State Department
of Environmental Conservation (NYSDEC) that EPA reconsider certain
revisions to the Kodak Park Facility's operating permit mandated by the
Administrator's February 18, 2005 Order, which was issued in response
to a citizen petition. In granting NYSDEC(s request, the Administrator
has amended the February 18, 2005 Order. While some changes have been
made, none of the Administrator's previous issue-specific decisions to
grant the Kodak Park petition have been reversed in the amendment.
Pursuant to section 505(b)(2) of the Clean Air Act (Act),
Petitioner (SJEJA) may seek judicial review of those portions of the G-
P Gypsum 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 from the date this
[[Page 32085]]
notice appears in the Federal Register, pursuant to section 307 of the
Act. The Administrator's action amending the February 18, 2005 Order on
Kodak is not subject to judicial review, as no portions of the original
citizen petition were denied.
ADDRESSES: You may review copies of the final order, the petition, and
all relevant information at the EPA Region 2 Office, 290 Broadway, New
York, New York 10007-1866. If you wish to examine these documents, you
should make an appointment at least 24 hours before visiting day.
Additionally, the final order for G-P Gypsum is available
electronically at: https://www.epa.gov/region07/programs/artd/air/
title5/petitiondb/petitiondb2002.htm, and the amended Kodak order is
available electronically at: https://www.epa.gov/region07/programs/
artd/air/title5/petitiondb/petitiondb2003.htm.
FOR FURTHER INFORMATION CONTACT: Steven Riva, Chief, Permitting
Section, Air Programs Branch, Division of Environmental Planning and
Protection, EPA, Region 2, 290 Broadway, 25th Floor, New York, New York
10007-1866, telephone (212) 637-4074.
SUPPLEMENTARY INFORMATION: The 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 raise these issues during the
comment period or the grounds for the issues arose after this period.
I. G-P Gypsum Corporation
On September 15, 2005, the EPA received a petition from SJEJA,
requesting that EPA object to the issuance of the title V operating
permit for G-P Gypsum based on the following allegations: (1) The draft
permit was not accompanied by a statement of basis explaining various
permitting decisions, particularly eight monitoring provisions that
NJDEP added after the close of public comment; (2) the facility should
have filed a compliance plan and the permit should have contained a
compliance schedule; (3) the permit fails to address past violations;
(4) the permit has inadequate monitoring and reporting provisions; (5)
NJDEP failed to ensure safe ambient air quality levels in the Camden
area; and (6) NJDEP did not adequately address environmental justice
issues.
On April 4, 2006, the Administrator issued an order partially
granting and partially denying the petition on G-P Gypsum. The order
explains the reasons behind EPA's conclusion that the NJDEP must re-
issue the statement of basis to provide an explanation for the eight
monitoring provisions added after the close of the public comment
period. The order also explains the reasons for denying SJEJA's
remaining claims.
II. Kodak Park
On August 16, 2005, the EPA received a letter from NYSDEC,
requesting that EPA reconsider certain revisions to the Kodak Park
Facility's operating permit, mandated by the Administrator's February
18, 2005 Order. This Order granted in part and denied in part a
petition filed by the New York Public Interest Research Group, asking
EPA to object to the Kodak Park Facility(s operating permit. In its
letter, NYSDEC sought reconsideration of EPA's objections for the
following reasons: (1) The actual annual quantity of benzene in
facility waste is very low compared to the permitted cap; (2) the
standard test method for volatile organic compounds (VOC) in coatings
and fountain solutions is burdensome and yields unreliable results, and
actual VOC levels are low compared to permitted levels; and (3)
frequent monitoring on several small cold cleaning units is overly
burdensome.
On April 4, 2006, the Administrator issued an amended order,
granting the request for reconsideration on Kodak Park. The amended
Order explains the reasons behind EPA's decision to provide the NYSDEC
with some flexibility in resolving EPA's February 18, 2005 objections
regarding these three issues. The amended Order also explains why EPA
believes there continue to be sufficient bases on which to grant the
citizen petition on these issues.
Dated: May 22, 2006.
Alan J. Steinberg,
Regional Administrator, Region 2.
[FR Doc. E6-8617 Filed 6-1-06; 8:45 am]
BILLING CODE 6560-50-P