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)
Federal Register Volume 81, Issue 226 (November 23, 2016)
| Page Range | 84576-84577 | |
| FR Document | 2016-28268 |
[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] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- [[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
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of final order on petition to object to a state operating permit. | |
| Contact | Gerardo Rios, Section Chief, Air Permits Office, EPA Region 9, at (415) 972-3974 or [email protected] | |
| FR Citation | 81 FR 84576 |
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