[Federal Register Volume 85, Number 88 (Wednesday, May 6, 2020)]
[Notices]
[Pages 26975-26976]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09619]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-10008-74-Region 10]
Clean Air Act Operating Permit Program; Petition for Objection to
State Operating Permit for the U.S. Department of Energy--Hanford
Operations, Benton County, Washington
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of final Order on Petition for objection to Clean Air
Act title V operating permit.
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SUMMARY: The Environmental Protection Agency (EPA) Administrator signed
an Order, dated February 19, 2020, denying a petition dated July 18,
2019, filed by Mr. Bill Green of Richland, Washington. The Petition
requested that the EPA object to a Clean Air Act (CAA) title V
operating permit (Permit No. 00-05-006, Renewal 3) issued by the
Washington State Department of Ecology (Ecology) to the U.S. Department
of Energy--Hanford Operations (DOE) for the Hanford site located in
Benton County, Washington.
ADDRESSES: The Petition (without attachments) and final Order are
available electronically at: https://www.epa.gov/title-v-operating-permits/title-v-petition-database.
Out of an abundance of caution for members of the public and our
staff, the EPA Region 10 office is closed to the public to reduce the
risk of transmitting COVID-19. Please contact the individual listed in
the FOR FURTHER INFORMATION CONTACT section to view copies of the
Petition, Order, and other supporting information.
FOR FURTHER INFORMATION CONTACT: Doug Hardesty at telephone number:
(208) 378-5759, Hardesty.doug@epa.gov.
SUPPLEMENTARY INFORMATION: The CAA affords the EPA a 45-day period to
review and object to a title V operating permit proposed by a state
permitting authority under title V of the CAA if the EPA determines the
permit does not comply with the Act. Section 505(b)(2) of the CAA
authorizes 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
[[Page 26976]]
during the comment period or unless the grounds for the issue arose
after this period.
The EPA received the Petition from Mr. Bill Green of Richland,
Washington, dated July 18, 2019, requesting that the EPA object to the
issuance of title V operating permit no. 00-05-006, Renewal 3, issued
by Ecology to DOE for the Hanford site in Benton County, Washington.
The Petition claims that: (1) Ecology exceeded its authority in
imposing a monitoring method that had not been approved by the EPA for
determining compliance with emission limits for federally-enforceable
requirements and that the monitoring method was flawed; (2) the permit
failed to include all emission limitations as required by CAA section
504(a), 42 U.S.C. 7661c(a), and 40 CFR 70.6(a)(1) because the permit
incorporated some federally-enforceable emission limits by reference
and ``does not actually include emission limits;'' (3) the permit did
not include the requirements for the control of fugitive dust from a
2003 administrative order of correction issued by the Benton Clean Air
Agency; and (4) Ecology did not comply with the public participation
requirements of 40 CFR 70.7(h)(2) with respect to several permit terms.
On February 19, 2020, the EPA Administrator issued an Order denying
the Petition. The Order explains the basis for the EPA's decision.
Sections 307(b) and 505(b)(2) of the CAA provide that the Order is
subject to judicial review for those portions of the Order that deny
issues raised in a petition. Any petition for review shall be filed in
the United States Court of Appeals for the appropriate circuit no later
than July 6, 2020.
Dated: April 30, 2020.
Christopher Hladick,
Regional Administrator, Region 10.
[FR Doc. 2020-09619 Filed 5-5-20; 8:45 am]
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