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Clean Air Act Operating Permit Program; Petition for Objection to State Operating Permit for Marcal Paper Mills, Inc.

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

  [Federal Register: January 23, 2007 (Volume 72, Number 14)]
[Notices]
[Page 2877-2878]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23ja07-46]

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ENVIRONMENTAL PROTECTION AGENCY
[Regional Docket Nos. II-2006-01; FRL-8272-4]

Clean Air Act Operating Permit Program; Petition for Objection to
State Operating Permit for Marcal Paper Mills, Inc.

AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of final decision concerning a State operating permit.

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SUMMARY: This document announces a decision the EPA Administrator has
made. It responds to a citizen petition submitted by the Rutgers
Environmental Law Clinic (RELC) on behalf of a number of petitioners.
The petition requests EPA to object to an operating permit issued to
the Marcal Paper Mills, Inc. (``Marcal'') by the New Jersey Department
of Environmental Protection (DEP). The Administrator has partially
granted and partially denied the subject petition.
    Pursuant to section 505(b)(2) of the Clean Air Act (Act),
petitioners may seek judicial review of those portions of the petition
which EPA denied in the United States Court of Appeals for the
appropriate circuit. Pursuant to section 307 of the Act, any petition
for review shall be filed within 60 days from the date this notice
appears in the Federal Register.

ADDRESSES: You may review copies of the final order, the petition, and
all relevant information at the EPA Region 2 Office, 290 Broadway, New
York, New York 10007-1866. If you wish to examine these documents, you
should make an appointment at least 24 hours before visiting day.
Additionally, the final order for Marcal is available electronically at: 
http://www.epa.gov/region07/programs/artd/air/title5/petitiondb/
petitiondb2002.htm.

FOR FURTHER INFORMATION CONTACT: Steven Riva, Chief, Permitting
Section, Air Programs Branch, Division of Environmental Planning and
Protection, EPA, Region 2, 290 Broadway, 25th Floor, New York, New York
10007-1866, telephone (212) 637-4074.

SUPPLEMENTARY INFORMATION: The Act affords EPA a 45-day period to
review and object, as appropriate, to operating permits proposed by
State permitting authorities. Section 505(b)(2) of the Act authorizes
any person to petition the EPA Administrator within 60 days after the
expiration of this review period to object to State operating permits
if EPA has not done so. 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 those issues during the
comment period or the grounds for the issues arose after this period.
    On March 1, 2006, EPA Region 2 received a petition from RELC on
behalf of a number of petitioners requesting that EPA object to the
title V operating permit issued to Marcal on the following bases: (1)
The permit is not accompanied by a statement of basis that is
understandable, available to the public and describes the past
compliance history of the facility and permitting decisions by DEP; (2)
the permit fails to include a compliance schedule containing the terms
of the settlement agreement between Marcal and DEP dated June 20, 2005
that are required to satisfy pending violations; (3) the permit fails
to impose sufficient opacity monitoring, such as continuous opacity
monitoring, to assure compliance with particulate matter limits; (4)
the permit fails to require continuous emissions monitoring or more
frequent stack testing to monitor VOC and NOX; (5) the DEP
did not

[[Page 2878]]

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

 
 

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