[Federal Register Volume 72, Number 14 (Tuesday, January 23, 2007)]
[Notices]
[Pages 2877-2878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-818]


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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 NO<INF>X</INF>; (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]
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