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Notice of Prevention of Significant Deterioration Final Determination for Knauf Insulation, GmbH, Shasta Lake, CA

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

  [Federal Register: January 5, 2007 (Volume 72, Number 3)]
[Notices]
[Page 544-545]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05ja07-32]

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ENVIRONMENTAL PROTECTION AGENCY
[CA-06-01; FRL-8265-9]

Notice of Prevention of Significant Deterioration Final
Determination for Knauf Insulation, GmbH, Shasta Lake, CA

AGENCY: Environmental Protection Agency (``EPA'').
ACTION: Notice of final action.

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SUMMARY: This notice announces that on November 14, 2006, the
Environmental Appeals Board (``EAB'') of EPA denied review of all
petitions for review of a Prevention of Significant Deterioration
(``PSD'') permit (``Permit'') that EPA Region 9 issued to Knauf
Insulation, GmbH (``Knauf''). The Permit was issued pursuant to the PSD
regulations under 40 CFR 52.21.

DATES: The effective date of the EAB's decision, and the Permit, is
November 14, 2006. Pursuant to Section 307(b)(1) of the Clean Air Act
(``CAA''), 42 U.S.C. 7607(b)(1), judicial review of this permit
decision, to the extent it is available, may be sought by filing a
petition for review in the United States Court of Appeals for the Ninth
Circuit within 60 days of January 5, 2007.

ADDRESSES: The relevant documents for the Permit are available for
public inspection during normal business hours at the following
address: EPA Region 9, 75 Hawthorne Street, San Francisco, California
94105. To arrange viewing of these documents, contact Shaheerah Kelly
at (415) 947-4156 or kelly.shaheerah@epa.gov. The Permit is also
available at http://www.epa.gov/region09/air/permit/knauf.

FOR FURTHER INFORMATION CONTACT: Shaheerah Kelly, EPA, Region 9, Air
Division (AIR-3), 75 Hawthorne Street, San Francisco, CA 94105.

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.

I. What Action Is EPA Taking?
II. What Is the Background Information?
III. What Did the EAB Decide?

I. What Action Is EPA Taking?

    We are notifying the public of a final decision by the EAB on the
Permit issued by EPA Region 9 pursuant to the PSD regulations found at
40 CFR 52.21.

II. What Is the Background Information?

    Knauf is an existing fiberglass manufacturing facility located in
Shasta Lake, Shasta County, California. The Shasta County Air Quality
Management District (``AQMD'') issued Knauf's PSD permit on March 22,
2000 authorizing construction of the facility. The facility has been in
operation since 2002.
    In March 2003, EPA rescinded the PSD delegation for many California
air pollution permitting agencies, including the Shasta County AQMD
which is the air pollution permitting agency in Shasta County. Based on
this action and since the Shasta County AQMD did not subsequently
request PSD delegation, EPA is currently the PSD permitting authority
within Shasta County, California.
    Knauf submitted a PSD application to EPA Region 9 to revise the
facility's Permit. After consideration of the PSD application, EPA
Region 9 issued the draft revised Permit on January 31, 2006, for
public review and comment. On May 11, 2006, after providing an
opportunity for public comment and a public hearing, EPA issued the
revised Permit. The revised Permit changed Knauf's previous Permit by
(1) establishing nitrogen oxide (``NOX'') emission
limitations of 16.5 pounds per hour (``lb/hr'') and 1.76 pounds per ton
of glass pulled (``lb/ton'') at the manufacturing line main stack, and
(2) changing particulate matter less than 10 microns in diameter
(``PM10'') emission limitations to 28.4 lb/hr and 3.03 lb/ton of at the
manufacturing line main stack, and 0.67 lb/hr and 0.07 lb/ton at the

[[Page 545]]

glass melting furnace stack. The revised Permit also included other
changes related to the changes in the emission limitations.
    Subsequent to the issuance of the revised Permit, the EAB received
six petitions requesting review of the revised Permit. The EAB denied
review of all six petitions.

III. What Did the EAB Decide?

    Four of the petitions raised public health concerns and general
concerns about the Knauf facility which were already addressed in EPA
Region 9's response to comments for the revised Permit. The EAB denied
review of these petitions because they failed to demonstrate why EPA
Region 9's response was clearly erroneous or otherwise warranted
review. For one of these petitions, which asserted that the original
permit issued in 2000 violated the CAA by allowing the facility to be
built, the EAB ruled that the assertion did not relate to any condition
of the revised Permit issued by EPA Region 9 and was, therefore, beyond
the scope of the EAB proceeding.
    One petition related to two documents filed with the EAB titled
``Notice of Appeal'' and ``Request for Time Extension.'' The Notice of
Appeal asked for permission to file an appeal with the EAB, but did not
raise any specific objections to the revised Permit, and the Extension
Request stated only that the petitioners were waiting to receive
certain information from EPA Region 9. The EAB denied review because
the petitioners did not articulate any specific objections to the
revised Permit and did not establish good cause for extending the time
to file an appeal.
    One petition objected to the location of the Knauf facility and
asked for reconsideration of the permitting decision. The EAB denied
review since the petitioner did not file the petition in a timely
manner and did not participate in the permitting process during the
public comment period for the draft revised Permit.
    Readers interested in more detail on the appeal issues raised by
the petitioners and the reasons for the EAB's denial of review may
download EAB's Order Denying Review from the EAB Web site at 
http://www.epa.gov/eab.
    Pursuant to 40 CFR 124.19(f)(1), for purposes of judicial review,
final agency action occurs when a final PSD permit is issued and agency
review procedures are exhausted. This notice is being published
pursuant to 40 CFR 124.19(f)(2), which requires notice of any final
agency action regarding a PSD permit to be published in the Federal
Register. This notice constitutes notice of the final agency action
denying review of the revised Permit and, consequently, notice of the
EPA Region 9's issuance of the Permit (PSD Permit No. Permit No. NSR 4-
4-4, SAC 03-01) to Knauf. If available, judicial review of these
determinations under section 307(b)(1) of the CAA may be sought only by
the filing of a petition for review in the United States Court of
Appeals for the Ninth Circuit, within 60 days from the date on which
this notice is published in the Federal Register. Under section
307(b)(2) of the CAA, this determination shall not be subject to later
judicial review in any civil or criminal proceedings for enforcement.

    Dated: December 20, 2006.
Kerry J. Drake,
Acting Director, Air Division, Region 9.
[FR Doc. E6-22561 Filed 1-4-07; 8:45 am]
BILLING CODE 6560-50-P

 
 

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