Notice of Prevention of Significant Deterioration Final Determination for Indeck-Elwood, LLC, 2878-2879 [E7-920]
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Federal Register / Vol. 72, No. 14 / Tuesday, January 23, 2007 / Notices
adequately address the environmental
justice issue raised by Petitioners as is
required by state and federal
environmental justice executive orders;
and (6) the DEP did not adequately
address issues raised by Petitioners
during the public hearing. On November
30, 2006, the Administrator issued an
order granting on the issue of Statement
of Basis and denying on the other
issues. The order explains EPA’s
reasons for granting on the Statement of
Basis issue and for denying the
remaining issues.
Dated: January 4, 2007.
Alan J. Steinberg,
Regional Administrator, Region 2.
[FR Doc. E7–818 Filed 1–22–07; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[MI–88–1; FRL–8272–8]
Adequacy Status of Motor Vehicle
Emissions Budgets for Four Areas in
Michigan for Transportation
Conformity Purposes
Environmental Protection
Agency (EPA).
AGENCY:
ACTION:
Notice of adequacy.
SUMMARY: In this action, EPA is
notifying the public that EPA has found
that the motor vehicle emissions
budgets (MVEBs) for four areas across
the state of Michigan are adequate for
conformity purposes. On March 2, 1999,
the D.C. Circuit Court ruled that
submitted State Implementation Plans
(SIPs) cannot be used for conformity
determinations until EPA has
affirmatively found them adequate. As a
result of our finding, the Flint
(consisting of Genesee and Lapeer
Counties), Muskegon County, Berrien
County, and Cass County areas can use
the (MVEBs) for future conformity
determinations. These budgets are
effective February 7, 2007. The finding
and the response to comments will be
available at EPA’s conformity Web site:
https://www.epa.gov/otaq/transp.htm,
(once there, click on the ‘‘Conformity’’
button, then look for ‘‘Adequacy Review
of SIP Submissions for Conformity’’).
FOR FURTHER INFORMATION CONTACT:
Anthony Maietta, Life Scientist, Criteria
Pollutant Section (AR–18J), Air
Programs Branch, Air and Radiation
Division, United States Environmental
Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois
60604, (312) 353–8777,
Maietta.anthony@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, whenever
‘‘we’’, ‘‘us’’ or ‘‘our’’ is used, we mean
EPA.
Background
Today’s action is simply an
announcement of a finding that we have
already made. EPA Region 5 sent a letter
to the Michigan Department of
Environmental Quality on November 29,
2006, stating that the 2018 (MVEBs) in
the Flint, Muskegon County, Berrien
County, and Cass County areas are
adequate. Michigan submitted the
budgets as part of the 8-hour ozone
redesignation requests and maintenance
plans for these areas. This finding was
announced on EPA’s conformity Web
site, and received no comments:
https://www.epa.gov/otaq/
stateresources/transconf/adequacy.htm,
(once there, click on ‘‘What SIP
submissions are currently under EPA
adequacy review?’’).
The 2018 (MVEBs), in tons per day,
for volatile organic compounds and
oxides of nitrogen for these areas are as
follows:
2018 VOC
MVEB (tpd)
Area
mstockstill on PROD1PC70 with NOTICES
Flint ..........................................................................................................................................................................
Muskegon County ....................................................................................................................................................
Berrien County .........................................................................................................................................................
Cass County ............................................................................................................................................................
Transportation conformity is required
by section 176(c) of the Clean Air Act.
EPA’s conformity rule requires that
transportation plans, programs, and
projects conform to state air quality
implementation plans and establishes
the criteria and procedures for
determining whether or not they do.
Conformity to a SIP means that
transportation activities will not
produce new air quality violations,
worsen existing violations, or delay
timely attainment of the national
ambient air quality standards.
The criteria by which we determine
whether a SIP’s motor vehicle emission
budgets are adequate for conformity
purposes are outlined in 40 CFR
93.118(e)(4). Please note that an
adequacy review is separate from EPA’s
completeness review, and it also should
not be used to prejudge EPA’s ultimate
approval of the SIP. Even if we find a
budget adequate, the SIP could later be
disapproved.
VerDate Aug<31>2005
19:33 Jan 22, 2007
Jkt 211001
We’ve described our process for
determining the adequacy of submitted
SIP budgets in guidance (May 14, 1999
memo titled ‘‘Conformity Guidance on
Implementation of March 2, 1999
Conformity Court Decision’’). We
followed this guidance in making our
adequacy determination.
Dated: January 11, 2007.
Mary A. Gade,
Regional Administrator, Region 5.
[FR Doc. E7–919 Filed 1–22–07; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[IL228–2; FRL–8272–7]
Notice of Prevention of Significant
Deterioration Final Determination for
Indeck-Elwood, LLC
Environmental Protection
Agency (EPA).
AGENCY:
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Fmt 4703
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ACTION:
25.68
6.67
9.16
2.76
2018 NOX
MVEB (tpd)
37.99
11.00
15.19
3.40
Notice of withdrawal action.
SUMMARY: This notice announces that
EPA is withdrawing the Notice of Final
Agency Action of November 22, 2006
(71 FR 67560), for the Indeck-Elwood,
LLC Prevention of Significant
Deterioration (PSD) permit, because the
Environmental Appeals Board (EAB)
remanded the permit in part. On
September 27, 2006, the EAB of the EPA
denied in part, and remanded in part, a
petition for review of a federal PSD
permit issued to Indeck-Elwood, LLC by
the Illinois Environmental Protection
Agency. According to 40 CFR part 124,
a final permit decision shall be issued
by the Regional Administrator when the
EAB issues a decision on the merits of
the appeal and the decision does not
include a remand of the proceedings.
Because the EAB’s decision on this
permit appeal included a partial
remand, there is not yet a final agency
action subject to review.
E:\FR\FM\23JAN1.SGM
23JAN1
Federal Register / Vol. 72, No. 14 / Tuesday, January 23, 2007 / Notices
The documents relevant to
the above action are available for public
inspection during normal business
hours at the following address:
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard
(AR–18J), Chicago, Illinois 60604. To
arrange viewing of these documents,
call Constantine Blathras at (312) 886–
0671.
FOR FURTHER INFORMATION CONTACT:
Constantine Blathras, Air and Radiation
Division, Air Programs Branch,
Environmental Protection Agency,
Region 5, 77 W. Jackson Boulevard (AR–
18J), Chicago, Illinois 60604. Anyone
who wishes to review the EAB decision
can obtain it at https://www.epa.gov/
eab/.
ADDRESSES:
Dated: January 17, 2007.
Bharat Mathur,
Deputy Regional Administrator, Region 5.
[FR Doc. E7–920 Filed 1–22–07; 8:45 am]
BILLING CODE 6560–50–P
[EPA–HQ–OPPT–2005–0051; FRL–8272–1]
Asbestos-Containing Materials in
Schools; State Request for Waiver
From Requirements
Environmental Protection
Agency (EPA).
ACTION: Notice of final approval.
mstockstill on PROD1PC70 with NOTICES
AGENCY:
SUMMARY: EPA is approving a waiver of
the requirements of the Federal
asbestos-in-schools program for the
Commonwealth of Kentucky. A waiver
request can be granted if EPA
determines that the Commonwealth of
Kentucky is implementing or intends to
implement a state program of asbestos
inspection and management that is at
least as stringent as the federal program.
This action approves the waiver request
submitted by Governor Paul E. Patton,
on January 4, 1999. On June 1, 2006,
EPA published a notice of proposed
approval and request for comments, and
on August 31, 2006, published a
reopening of comment period and
correction. A detailed description of this
waiver request and EPA’s rationale for
approving it was provided in the notice
of proposed approval and request for
comments and will not be restated here.
No significant or adverse comments
were received on EPA’s proposal.
EFFECTIVE DATE: This final approval is
effective on February 22, 2007.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–HQ–OPPT–
2005–0051. All documents in the docket
19:33 Jan 22, 2007
For
general information contact: Colby
Lintner, Regulatory Coordinator,
Environmental Assistance Division
(7408M), Office of Pollution Prevention
and Toxics, Environmental Protection
Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460–0001; telephone
number: (202) 564–8182; e-mail address:
TSCA-Hotline@epa.gov.
For technical information contact:
John Hund, Asbestos Coordinator,
Region 4, Environmental Protection
Agency, Atlanta Federal Center, 61
Forsyth Street, SW., Atlanta, GA 30303–
8960; telephone number: (404) 562–
8978; e-mail address:
hund.john@epa.gov.
FOR FURTHER INFORMATION CONTACT:
ENVIRONMENTAL PROTECTION
AGENCY
VerDate Aug<31>2005
are listed on the www.regulations.gov
Web site. Although listed in the index,
some information is not publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Asbestos Coordinator, Region 4,
Environmental Protection Agency,
Atlanta Federal Center, 61 Forsyth
Street SW., Atlanta, GA 30303–8960.
EPA requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 to 4:30,
excluding legal holidays.
Jkt 211001
SUPPLEMENTARY INFORMATION:
I. What Action Is the Agency Taking?
EPA is granting a waiver of the
asbestos-in-schools program to the
Commonwealth of Kentucky. This
waiver is issued under section 203(m) of
the Toxic Substances Control Act
(TSCA) and 40 CFR 763.98. Section 203
is within Title II of TSCA, the Asbestos
Hazard Emergency Response Act
(AHERA). The Agency recognizes that a
waiver granted to any State would not
encompass schools operated under the
defense dependents’ education system
(the third type of local education agency
(LEA) defined at TSCA section 202(7)
and 40 CFR 763.83), which serve
dependents in overseas areas, and other
elementary and secondary schools
outside a State’s jurisdiction, which
generally includes schools in Indian
country. Such schools would remain
subject to EPA’s asbestos-in-schools
program.
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2879
On June 1, 2006, (71 FR 31183) EPA
published a notice of proposed approval
and request for comments. A detailed
description of this waiver request and
EPA’s rationale for approving it was
provided in the notice of proposed
approval and request for comments and
will not be restated here. On August 31,
2006, (71 FR 51816) EPA published a
reopening of comment period and
correction notice. No significant or
adverse comments were received on
EPA’s proposal.
II. What Is the Agency’s Authority for
Taking This Action?
In 1987, under TSCA section 203, the
Agency promulgated regulations that
require the identification and
management of asbestos-containing
material by LEAs in the nation’s
elementary and secondary school
buildings: The ‘‘AHERA Schools Rule’’
(40 CFR part 763, subpart E). Under
section 203(m) of TSCA and 40 CFR
763.98, upon request by a State
Governor and after notice and comment
and opportunity for a public hearing in
the State, EPA may waive, in whole or
in part, the requirements of the asbestosin-schools program (TSCA section 203
and the AHERA Schools Rule) if EPA
determines that the State has
established and is implementing or
intends to implement a program of
asbestos inspection and management
that contains requirements that are at
least as stringent as those in the
Agency’s asbestos-in-schools program.
A State seeking a waiver must submit its
request to the EPA Region in which that
State is located.
III. When Did Kentucky Submit Its
Request for a Waiver?
On January 4, 1999, Governor Paul E.
Patton, submitted to the EPA Region 4
Regional Administrator, a letter with
supporting documentation requesting a
full waiver of the requirements of EPA’s
asbestos-in-schools program pursuant to
the AHERA statute and 40 CFR 763.98.
The EPA Region 4 Administrator
indicated by letter dated February 19,
1999, to Kentucky that the request was
complete. A subsequent letter dated
August 21, 2000, from the Director of
Kentucky Division for Air Quality,
corrected an inadvertent error in the
January 4, 1999, letter.
IV. Materials in the Official Record
The official record, under Docket ID
Number EPA–HQ–OPPT–2005–0051,
contains the Kentucky waiver request,
and any other supporting or relevant
documents.
E:\FR\FM\23JAN1.SGM
23JAN1
]]>Agencies
[Federal Register Volume 72, Number 14 (Tuesday, January 23, 2007)]
[Notices]
[Pages 2878-2879]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-920]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[IL228-2; FRL-8272-7]
Notice of Prevention of Significant Deterioration Final
Determination for Indeck-Elwood, LLC
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of withdrawal action.
-----------------------------------------------------------------------
SUMMARY: This notice announces that EPA is withdrawing the Notice of
Final Agency Action of November 22, 2006 (71 FR 67560), for the Indeck-
Elwood, LLC Prevention of Significant Deterioration (PSD) permit,
because the Environmental Appeals Board (EAB) remanded the permit in
part. On September 27, 2006, the EAB of the EPA denied in part, and
remanded in part, a petition for review of a federal PSD permit issued
to Indeck-Elwood, LLC by the Illinois Environmental Protection Agency.
According to 40 CFR part 124, a final permit decision shall be issued
by the Regional Administrator when the EAB issues a decision on the
merits of the appeal and the decision does not include a remand of the
proceedings. Because the EAB's decision on this permit appeal included
a partial remand, there is not yet a final agency action subject to
review.
[[Page 2879]]
ADDRESSES: The documents relevant to the above action are available for
public inspection during normal business hours at the following
address: Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard (AR-18J), Chicago, Illinois 60604. To arrange viewing of
these documents, call Constantine Blathras at (312) 886-0671.
FOR FURTHER INFORMATION CONTACT: Constantine Blathras, Air and
Radiation Division, Air Programs Branch, Environmental Protection
Agency, Region 5, 77 W. Jackson Boulevard (AR-18J), Chicago, Illinois
60604. Anyone who wishes to review the EAB decision can obtain it at
https://www.epa.gov/ eab/.
Dated: January 17, 2007.
Bharat Mathur,
Deputy Regional Administrator, Region 5.
[FR Doc. E7-920 Filed 1-22-07; 8:45 am]
BILLING CODE 6560-50-P
