81_FR_84802 81 FR 84576 - Clean Air Act Operating Permit Program; Petition for Objection to State Operating Permit for Hu Honua Bioenergy Facility, LLC; Pepeekeo, Hawaii

81 FR 84576 - Clean Air Act Operating Permit Program; Petition for Objection to State Operating Permit for Hu Honua Bioenergy Facility, LLC; Pepeekeo, Hawaii

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 226 (November 23, 2016)

Page Range84576-84577
FR Document2016-28268

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.

Federal Register, Volume 81 Issue 226 (Wednesday, November 23, 2016)
[Federal Register Volume 81, Number 226 (Wednesday, November 23, 2016)]
[Notices]
[Pages 84576-84577]
From the Federal Register Online  [www.thefederalregister.org]
[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



                                                  84576                    Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Notices

                                                  must file in accordance with Rules 211                  Tracey Ward of the Office of Ground                   Brothers Trucking (‘‘Settling Party’’).
                                                  and 214 of the Commission’s                             Water and Drinking Water, U.S.                        The Proposed Agreement would require
                                                  Regulations (18 CFR 385.211 and                         Environmental Protection Agency, by                   Settling Party to reimburse EPA
                                                  385.214) on or before 5:00 p.m. Eastern                 phone at 202–564–3796 or by email at                  $12,000.00 for past response costs
                                                  time on the specified comment date.                     ward.tracey@epa.gov. For additional                   incurred by EPA for the Site.
                                                  Protests may be considered, but                         information about the NDWAC meeting,                     For 30 days following the date of
                                                  intervention is necessary to become a                   please visit http://water.epa.gov/drink/              publication of this notice, EPA will
                                                  party to the proceeding.                                ndwac/ or www.regulations.gov (search                 receive written comments relating to the
                                                     eFiling is encouraged. More detailed                 for Docket ID No. EPA–HQ–OW–2015–                     Proposed Agreement. EPA’s response to
                                                  information relating to filing                          0714).                                                any comments received will be available
                                                  requirements, interventions, protests,                  SUPPLEMENTARY INFORMATION:                            for public inspection at the U.S.
                                                  service, and qualifying facilities filings                 Details about Participating in the                 Environmental Protection Agency,
                                                  can be found at: http://www.ferc.gov/                   Meeting: Teleconferencing will be                     Region III, 1650 Arch Street,
                                                  docs-filing/efiling/filing-req.pdf. For                 available during the meeting. The                     Philadelphia, PA 19103.
                                                  other information, call (866) 208–3676                  number of teleconference connections                  DATES: Comments must be submitted no
                                                  (toll free). For TTY, call (202) 502–8659.              available for the meeting is limited and              later than thirty (30) days after the date
                                                    DATED: November 17, 2016.                             will be offered on a first-come, first-               of publication of this notice.
                                                  Nathaniel J. Davis, Sr.,                                served basis. The teleconference number               ADDRESSES: The Proposed Agreement
                                                  Deputy Secretary.                                       is (1) 866–299–3188; when prompted,                   and additional background information
                                                                                                          enter conference code 202 564–7347.                   relating to it are available for public
                                                  [FR Doc. 2016–28191 Filed 11–22–16; 8:45 am]
                                                  BILLING CODE 6717–01–P                                    Dated: November 17, 2016.                           inspection at the U.S. Environmental
                                                                                                          Peter Grevatt,                                        Protection Agency, Region III, 1650
                                                                                                          Director, Office of Ground Water and Drinking         Arch Street, Philadelphia, PA 19103. A
                                                                                                          Water.                                                copy of the Proposed Agreement may be
                                                  ENVIRONMENTAL PROTECTION                                                                                      obtained from Robert S. Hasson
                                                  AGENCY                                                  [FR Doc. 2016–28263 Filed 11–22–16; 8:45 am]
                                                                                                          BILLING CODE 6560–50–P
                                                                                                                                                                (3RC41), Senior Assistant Regional
                                                  [EPA–HQ–OW–2015–0714; FRL–9955–59–                                                                            Counsel, U.S. Environmental Protection
                                                  OW]                                                                                                           Agency, 1650 Arch Street, Philadelphia,
                                                                                                          ENVIRONMENTAL PROTECTION                              PA 19103. Comments should reference
                                                  Notice of a Public Meeting of the                                                                             the ‘‘Sharon Steel Corporation (Farrell
                                                                                                          AGENCY
                                                  National Drinking Water Advisory                                                                              Works Disposal Area) Superfund Site,
                                                  Council                                                 [FRL–9955–56–Region 3]                                Proposed Administrative Settlement
                                                  AGENCY:   Environmental Protection                                                                            Agreement for Recovery of Past
                                                                                                          Notice of Administrative Settlement
                                                  Agency (EPA).                                                                                                 Response Costs’’ and ‘‘EPA Docket No.
                                                                                                          Agreement for Recovery of Past
                                                                                                                                                                CERC–03–2017–0057CR,’’ and should
                                                  ACTION: Notice of a public meeting and                  Response Costs Pursuant to Section
                                                                                                                                                                be forwarded to Robert S. Hasson at the
                                                  location.                                               122(H) of the Comprehensive
                                                                                                                                                                above address.
                                                                                                          Environmental Response,
                                                  SUMMARY:   On November 17, 2016, the                    Compensation, and Liability Act of                    FOR FURTHER INFORMATION CONTACT:
                                                  U.S. Environmental Protection Agency                    1980, as Amended                                      Robert S. Hasson (3RC41), U.S.
                                                  (EPA) announced a meeting of the                                                                              Environmental Protection Agency, 1650
                                                  National Drinking Water Advisory                        AGENCY: Environmental Protection                      Arch Street, Philadelphia, PA 19103,
                                                  Council (NDWAC) in the Federal                          Agency (EPA).                                         Phone: (215) 814–2672; hasson.robert@
                                                  Register, as authorized under the Safe                  ACTION: Notice; Request for public                    epa.gov.
                                                  Drinking Water Act. This notice                         comment.                                                Dated: November 15, 2016.
                                                  announces the location of the meeting                                                                         Karen Melvin,
                                                  (see the ADDRESSES section of this                      SUMMARY:   In accordance with the
                                                                                                          Comprehensive Environmental                           Director, Hazardous Site Cleanup Division,
                                                  notice). The meeting is scheduled for                                                                         U.S. Environmental Protection Agency,
                                                  December 6 and 7, 2016. During this                     Response, Compensation, and Liability
                                                                                                                                                                Region III.
                                                  meeting, the NDWAC will focus                           Act (‘‘CERCLA’’), as amended, notice is
                                                                                                          hereby given that a proposed                          [FR Doc. 2016–28262 Filed 11–22–16; 8:45 am]
                                                  discussions on developing
                                                  recommendations for the EPA                             administrative settlement agreement for               BILLING CODE 6560–50–P

                                                  Administrator on the Lead and Copper                    recovery of past response costs
                                                  National Primary Drinking Water                         (‘‘Proposed Agreement’’) associated
                                                                                                          with Operable Unit Two of the Sharon                  ENVIRONMENTAL PROTECTION
                                                  Regulation—Long Term Revisions.                                                                               AGENCY
                                                                                                          Steel Corporation (Farrell Works
                                                  DATES: The meeting on December 6, will
                                                                                                          Disposal Area) Superfund Site, Mercer                 [Petition Vl–2014–10; FRL–9955–61–Region
                                                  be held from 9:30 a.m. to 4:15 p.m.; and                County, Pennsylvania, was executed by                 9]
                                                  December 7, from 8:30 a.m. to noon,                     the Environmental Protection Agency
                                                  eastern time.                                           (‘‘EPA’’) and is now subject to public                Clean Air Act Operating Permit
                                                  ADDRESSES: The public meeting will be                   comment, after which EPA may modify                   Program; Petition for Objection to
                                                  held at the U.S. Environmental                          or withdraw its consent if comments                   State Operating Permit for Hu Honua
mstockstill on DSK3G9T082PROD with NOTICES




                                                  Protection Agency, William Jefferson                    received disclose facts or considerations             Bioenergy Facility, LLC; Pepeekeo,
                                                  Clinton (WJC), 1201 Constitution                        that indicate that the Proposed                       Hawaii
                                                  Avenue NW., Room 1117A & B,                             Agreement is inappropriate, improper,                 AGENCY:   United States Environmental
                                                  Washington, DC 20004.                                   or inadequate. The Proposed Agreement                 Protection Agency (EPA).
                                                  FOR FURTHER INFORMATION CONTACT: For                    would resolve potential EPA claims
                                                                                                                                                                ACTION: Notice of final order on petition
                                                  more information about this meeting or                  under Section 107(a) of CERCLA,
                                                                                                                                                                to object to a state operating permit.
                                                  to request written materials, contact                   against Daniel Williams, d/b/a Williams


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                                                                          Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Notices                                                 84577

                                                  SUMMARY:   Pursuant to Clean Air Act                    Honua, identified as Amendment of                     DATES:  The meeting will be held on
                                                  (CAA or Act), the EPA Administrator                     Covered Source Permit Number 0724–                    December 13–16, 2016, from
                                                  signed an Order, dated September 14,                    01–C, pursuant to Hawaii’s                            approximately 9:00 a.m. to 5:00 p.m.
                                                  2016, denying a petition to object to a                 Administrative Rules at Title 11,                     ADDRESSES: The meeting will be held at
                                                  CAA title V operating permit proposed                   Chapter 60.1, Air Pollution Control.                  the Environmental Protection Agency,
                                                  by the Clean Air Branch, Environmental                     The Petitioner requested that EPA                  Conference Center, Lobby Level, One
                                                  Management Division, Hawaii                             object to the above referenced permit                 Potomac Yard (South Bldg.), 2777 S.
                                                  Department of Health (HDOH) for the                     based on the following ten claims: (1)                Crystal Dr., Arlington, VA 22202.
                                                  Hu Honua Bioenergy Facility, LLC (Hu                    HDOH has failed to satisfy the public                 FOR FURTHER INFORMATION CONTACT:
                                                  Honua) in Pepeekeo, Hawaii. The Order                   participation requirements of the Act,                Steven M. Knott, DFO, Office of Science
                                                  constitutes a final action on the petition              title V regulations, and state law; (2)               Coordination and Policy (7201M),
                                                  submitted by the Law Office of Marc                     permit limitations for criteria pollutants            Environmental Protection Agency, 1200
                                                  Chytilo, on behalf of Preserve Pepeekeo                 are not practically enforceable; (3)                  Pennsylvania Ave. NW., Washington,
                                                  Health & Environment (Petitioner), on                   emissions limitations for hazardous air               DC 20460–0001; telephone number:
                                                  September 15, 2014 (Petition). A                        pollutants (HAPs) are not federally or                (202) 564–0103; email address:
                                                  petitioner may seek judicial review in                  practically enforceable; (4) emissions                knott.steven@epa.gov.
                                                  the United States Court of Appeals for                  factors for HAPs are unacceptable; (5)
                                                                                                                                                                SUPPLEMENTARY INFORMATION:
                                                  the appropriate circuit of those portions               the permit does not explicitly preclude
                                                  of the petition which EPA denied. Any                   affirmative defenses; (6) the monitoring              Background
                                                  petition for review shall be filed within               report requirements are not practically                 The Agency is issuing this notice to
                                                  60 days from the date this notice                       enforceable; (7) there is no requirement              reschedule the 4-day meeting of the
                                                  appears in the Federal Register.                        for monitoring, recording, and reporting              FIFRA SAP to consider and review a set
                                                  ADDRESSES: Copies of the Order, the                     flow meter data; (8) special condition E6             of scientific issues being evaluated by
                                                  Petition, and all pertinent information                 concerning semi-annual reporting is                   EPA regarding EPA’s evaluation of the
                                                  relating thereto are on file at the                     ambiguous; (9) the permit fails to                    carcinogenic potential of glyphosate, a
                                                  following location: EPA Region 9; Air                   address greenhouse gas emissions; and                 non-selective, phosphonomethyl amino
                                                  Division; 75 Hawthorne Street; San                      (10) HDOH failed to estimate emissions                acid herbicide registered to control
                                                  Francisco, California 94105.                            from malfunction or upset conditions.                 weeds in various agricultural and non-
                                                  FOR FURTHER INFORMATION CONTACT:                           On September 14, 2016, the                         agricultural settings. The meeting was
                                                  Gerardo Rios, Section Chief, Air Permits                Administrator issued an Order denying                 originally scheduled for October 18–21,
                                                  Office, EPA Region 9, at (415) 972–3974                 each of the claims raised in the Petition.            2016 as announced in the Federal
                                                  or rios.gerardo@epa.gov.                                The Order explains the EPA’s rationale                Register on July 26, 2016 (81 FR 48794)
                                                  SUPPLEMENTARY INFORMATION: The CAA                      for denying the petition. No                          (FRL 9949–22). The new meeting dates
                                                  affords the EPA a 45-day period to                      modification or replacement of the                    are December 13–16, 2016. For
                                                  review and, as appropriate, the                         above referenced permit is required as a              additional information, please visit the
                                                  authority to object to operating permits                result of this Order.                                 public docket for this meeting at http://
                                                  proposed by state permitting authorities                  Dated: November 3, 2016.                            www.regulations.gov (Docket number
                                                  under title V of the CAA, 42 U.S.C.                     Elizabeth Adams,                                      EPA–HQ–OPP–2016–0385), the FIFRA
                                                  7661–7661f. Section 505(b)(2) of the                    Acting Director, Air Division, Region IX.             SAP Web site at http://www.epa.gov/sap
                                                  CAA and 40 CFR 70.8(d) authorize any                    [FR Doc. 2016–28268 Filed 11–22–16; 8:45 am]          or contact the Designated Federal
                                                  person to petition the EPA                              BILLING CODE 6560–50–P
                                                                                                                                                                Official (DFO) listed under FOR FURTHER
                                                  Administrator to object to a title V                                                                          INFORMATION CONTACT.
                                                  operating permit within 60 days after                                                                           Authority: 7 U.S.C. 136 et. seq.; 21 U.S.C.
                                                  the expiration of the EPA’s 45-day                      ENVIRONMENTAL PROTECTION                              301 et seq.
                                                  review period if the EPA has not                        AGENCY                                                  Dated: November 17, 2016.
                                                  objected on its own initiative. Petitions
                                                                                                          [EPA–HQ–OPP–2016–0385; FRL–9955–44]                   Laura Bailey,
                                                  must be based only on objections to the
                                                  permit that were raised with reasonable                                                                       Acting Director, Office of Science
                                                                                                          FIFRA Scientific Advisory Panel;                      Coordination and Policy.
                                                  specificity during the public comment
                                                                                                          Notice of Rescheduled Public Meeting                  [FR Doc. 2016–28270 Filed 11–22–16; 8:45 am]
                                                  period provided by the state, unless the
                                                  petitioner demonstrates that it was                     AGENCY: Environmental Protection                      BILLING CODE 6560–50–P

                                                  impracticable to raise these issues                     Agency (EPA).
                                                  during the comment period or the                        ACTION: Notice.
                                                  grounds for the issues arose after this                                                                       ENVIRONMENTAL PROTECTION
                                                  period.                                                 SUMMARY:   The Agency is issuing this                 AGENCY
                                                     On September 15, 2014, the EPA                       notice to reschedule the 4-day meeting                [EPA–HQ–OAR–2006–0745; FRL–9955–55–
                                                  received a Petition dated September 13,                 of the Federal Insecticide, Fungicide,                OAR]
                                                  2014, pursuant to section 505(b)(2) of                  and Rodenticide Act Scientific Advisory
                                                  the CAA, 42 U.S.C. 7661d(b)(2), and 40                  Panel (FIFRA SAP) to consider and                     Proposed Information Collection
                                                  CFR 70.8(d). The Petition requested that                review a set of scientific issues being               Request; Comment Request;
                                                  the EPA object to the title V operating                 evaluated by the Environmental                        Reformulated Gasoline Commingling
mstockstill on DSK3G9T082PROD with NOTICES




                                                  permit proposed on March 14, 2014 by                    Protection Agency (EPA) regarding                     Provisions (Renewal)
                                                  HDOH, for the Hu Honua Bioenergy                        EPA’s evaluation of the carcinogenic                  AGENCY: Environmental Protection
                                                  Facility, which is an electricity                       potential of glyphosate, a non-selective,             Agency (EPA).
                                                  generating facility that consists                       phosphonomethyl amino acid herbicide                  ACTION: Notice.
                                                  primarily of a single biomass-fired                     registered to control weeds in various
                                                  steam boiler. On February 18, 2016,                     agricultural and non-agricultural                     SUMMARY: The Environmental Protection
                                                  HDOH issued a final permit for Hu                       settings.                                             Agency (EPA) is planning to submit an


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Document Created: 2016-11-23 05:29:54
Document Modified: 2016-11-23 05:29:54
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of final order on petition to object to a state operating permit.
ContactGerardo Rios, Section Chief, Air Permits Office, EPA Region 9, at (415) 972-3974 or [email protected]
FR Citation81 FR 84576 

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