Clean Air Act Operating Permit Program; Petition for Objection to State Operating Permit for Pacific Coast Building Products, Inc., Apex, Nevada

ENVIRONMENTAL PROTECTION AGENCY

[FRL-6520-8]

Clean Air Act Operating Permit Program; Petition for Objection to

State Operating Permit for Pacific Coast Building Products, Inc., Apex,

Nevada

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final order on petition to object to State operating

permit.

-----------------------------------------------------------------------

SUMMARY: Pursuant to Clean Air Act section 505(b)(2) and 40 CFR

70.8(d), the EPA Administrator is hereby denying a petition to object

to a State operating permit issued by the Clark County Health District

to Pacific Coast Building Products, Inc. (``PABCO''), Apex, Nevada.

This order constitutes final action on the petition submitted by Robert

W. Hall. Pursuant to section 505(b)(2) of the Clean Air Act (``Act''),

petitioner may seek judicial review in the United States Court of

Appeals for the appropriate circuit within 60 days of this decision

under section 307 of the Act.

ADDRESSES: Copies of the final order, the petition and all pertinent

information relating thereto are on file at the following location:

Environmental Protection Agency, Region IX, Air Division, 75 Hawthorne

Street, San Francisco, CA 94105. The final order is also available

electronically at the following address: http://www.epa.gov/ttn/oarpg/

t5sn.html.

FOR FURTHER INFORMATION CONTACT:

Steve Branoff, Air Division, EPA Region IX, telephone (415) 744-1290,

e-mail [email protected]. Interested parties may also contact the

Clark County Health District, Air Pollution Control Division, 625

Shadow Lane, Las Vegas, Nevada 89127.

SUPPLEMENTARY INFORMATION: The Clean Air Act affords EPA the

opportunity for a 45-day period to review, and object to, as

appropriate, 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 these issues during the comment period or

the grounds for the issues arose after this period.

Robert W. Hall submitted a petition to the Administrator on June 6,

1999, seeking EPA's objection to the operating permit issued to PABCO.

The petitioner maintains that PABCO operating permit is inconsistent

with the Act because in issuing the permit, the Clark County Health

District failed to: (1) Cite and issue the part 70 permit according to

the applicable State Implementation Plan (``SIP''); (2) require

implementation of appropriate pollution control technology; (3) require

PABCO to conduct post-construction ambient monitoring as required by

the SIP and a previously-issued permit; (4) comply with the compliance

schedule requirements of section 10 of the SIP; and (5) maintain an

EPA-approved part 70 program. The order denying this petition explains

the reasons behind EPA's conclusion that petitioner has failed to

demonstrate that the PABCO permit does not assure compliance with the

Clean Air Act on the grounds raised.

Dated: December 30, 1999.

John Wise,

Acting Regional Administrator, Region IX.

[FR Doc. 00-485 Filed 1-7-00; 8:45 am]

BILLING CODE 6560-50-M