81 FR 51198 - Clean Air Act Operating Permit Program; Petitions for Objection to State Operating Permits for ABC Coke and Walter Coke (Jefferson County, Alabama)

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 149 (August 3, 2016)

Page Range		51198-51198
FR Document		2016-18394

The Environmental Protection Agency (EPA) Administrator signed an Order, dated July 15, 2016, denying petitions to object to Clean Air Act (CAA) title V operating permits issued by the Jefferson County Department of Health (JCDH) to ABC Coke for its facility located in Tarrant and Walter Coke for its facility located in North Birmingham, both in Jefferson County, Alabama. This Order constitutes a final action on the petitions submitted by Gasp (Petitioner) and received by EPA on October 3, 2014, and December 2, 2014, respectively.

Federal Register, Volume 81 Issue 149 (Wednesday, August 3, 2016)

[Federal Register Volume 81, Number 149 (Wednesday, August 3, 2016)]
[Notices]
[Page 51198]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-18394]


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ENVIRONMENTAL PROTECTION AGENCY

[Petitions IV-2014-5 and -6; FRL-9950-17-Region 4]


Clean Air Act Operating Permit Program; Petitions for Objection 
to State Operating Permits for ABC Coke and Walter Coke (Jefferson 
County, Alabama)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final order on petitions to object to state operating 
permits.

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SUMMARY: The Environmental Protection Agency (EPA) Administrator signed 
an Order, dated July 15, 2016, denying petitions to object to Clean Air 
Act (CAA) title V operating permits issued by the Jefferson County 
Department of Health (JCDH) to ABC Coke for its facility located in 
Tarrant and Walter Coke for its facility located in North Birmingham, 
both in Jefferson County, Alabama. This Order constitutes a final 
action on the petitions submitted by Gasp (Petitioner) and received by 
EPA on October 3, 2014, and December 2, 2014, respectively.

ADDRESSES: Copies of the Order, the petitions, and all pertinent 
information relating thereto are on file at the following location: EPA 
Region 4; Air, Pesticides and Toxics Management Division; 61 Forsyth 
Street SW., Atlanta, Georgia 30303-8960. The Order is also available 
electronically at the following address: https://www.epa.gov/sites/production/files/2016-07/documents/gasp_response2014.pdf.

FOR FURTHER INFORMATION CONTACT: Art Hofmeister, Air Permits Section, 
EPA Region 4, at (404) 562-9115 or [email protected].

SUPPLEMENTARY INFORMATION: The CAA affords EPA a 45-day period to 
review and, as appropriate, the authority to object to operating 
permits proposed by state permitting authorities under title V of the 
CAA, 42 U.S.C. 7661-7661f. Section 505(b)(2) of the CAA and 40 CFR 
70.8(d) authorize any person to petition the EPA Administrator to 
object to a title V operating permit within 60 days after the 
expiration of EPA's 45-day review period if 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 during the 
comment period or the grounds for the issues arose after this period. 
Pursuant to sections 307(b) and 505(b)(2) of the CAA, a petition for 
judicial review of those parts of the Order that deny issues in the 
petition may be filed in the United States Court of Appeals for the 
appropriate circuit within 60 days from the date this notice is 
published in the Federal Register.
    Petitioners submitted petitions regarding the aforementioned ABC 
Coke and Walter Coke facilities, requesting that EPA object to the CAA 
title V operating permits (#4-07-0001-03 and 4-07-0355-03, 
respectively). Petitioner alleged that the permits were not consistent 
with the CAA because: (1) They lack the conditions necessary to assure 
compliance with the general prohibition against ``air pollution''; (2) 
they contain conditions governing fugitive dust that are too vague or 
too restrictive; and (3) JCDH failed to provide Petitioner with 
sufficient emissions information to participate meaningfully in the 
permitting process with respect to Walter Coke.
    On July 15, 2016, the Administrator issued an Order denying the 
petitions. The Order explains EPA's rationale for denying the 
petitions.

    Dated: July 26, 2016.
Heather McTeer Toney,
Regional Administrator, Region 4.
[FR Doc. 2016-18394 Filed 8-2-16; 8:45 am]
 BILLING CODE 6560-50-P

51198 Federal Register / Vol. 81, No. 149 / Wednesday, August 3, 2016 / Notices

Preliminary Determination: The by proof of service on all persons listed address: https://www.epa.gov/sites/
proposed addition of the hydroelectric in the service list prepared by the production/files/2016-07/documents/
project along the existing irrigation Commission in this proceeding, in gasp_response2014.pdf.
canal will not alter its primary purpose. accordance with 18 CFR 4.34(b) and
Therefore, based upon the above 385.2010. FOR FURTHER INFORMATION CONTACT: Art
criteria, Commission staff preliminarily Locations of Notice of Intent: Copies Hofmeister, Air Permits Section, EPA
determines that the proposal satisfies of the notice of intent can be obtained Region 4, at (404) 562–9115 or
the requirements for a qualifying directly from the applicant or such hofmeister.art@epa.gov.
conduit hydropower facility, which is copies can be viewed and reproduced at SUPPLEMENTARY INFORMATION: The CAA
not required to be licensed or exempted the Commission in its Public Reference affords EPA a 45-day period to review
from licensing. Room, Room 2A, 888 First Street NE., and, as appropriate, the authority to
Comments and Motions to Intervene: Washington, DC 20426. The filing may
Deadline for filing comments contesting object to operating permits proposed by
also be viewed on the web at http://
whether the facility meets the qualifying state permitting authorities under title V
www.ferc.gov/docs-filing/elibrary.asp
criteria is 45 days from the issuance of the CAA, 42 U.S.C. 7661–7661f.
using the ‘‘eLibrary’’ link. Enter the
date of this notice. docket number (i.e., CD16–17) in the Section 505(b)(2) of the CAA and 40
Deadline for filing motions to docket number field to access the CFR 70.8(d) authorize any person to
intervene is 30 days from the issuance document. For assistance, call toll-free petition the EPA Administrator to object
date of this notice. 1–866–208–3676 or email to a title V operating permit within 60
Anyone may submit comments or a FERCOnlineSupport@ferc.gov. For TTY, days after the expiration of EPA’s 45-
motion to intervene in accordance with call (202) 502–8659. day review period if EPA has not
the requirements of Rules of Practice objected on its own initiative. Petitions
and Procedure, 18 CFR 385.210 and Dated: July 28, 2016.
must be based only on objections to the
385.214. Any motions to intervene must Kimberly D. Bose,
permit that were raised with reasonable
be received on or before the specified Secretary.
specificity during the public comment
deadline date for the particular [FR Doc. 2016–18358 Filed 8–2–16; 8:45 am]
period provided by the state, unless the
proceeding. BILLING CODE 6717–01–P
petitioner demonstrates that it was
Filing and Service of Responsive
impracticable to raise these issues
Documents: All filings must (1) bear in
all capital letters the ‘‘COMMENTS during the comment period or the
ENVIRONMENTAL PROTECTION grounds for the issues arose after this
CONTESTING QUALIFICATION FOR A AGENCY
CONDUIT HYDROPOWER FACILITY’’ period. Pursuant to sections 307(b) and
or ‘‘MOTION TO INTERVENE,’’ as [Petitions IV–2014–5 and –6; FRL–9950–17– 505(b)(2) of the CAA, a petition for
applicable; (2) state in the heading the Region 4] judicial review of those parts of the
name of the applicant and the project Order that deny issues in the petition
Clean Air Act Operating Permit
number of the application to which the may be filed in the United States Court
Program; Petitions for Objection to
filing responds; (3) state the name, of Appeals for the appropriate circuit
State Operating Permits for ABC Coke
address, and telephone number of the within 60 days from the date this notice
and Walter Coke (Jefferson County,
person filing; and (4) otherwise comply is published in the Federal Register.
Alabama)
with the requirements of sections Petitioners submitted petitions
385.2001 through 385.2005 of the AGENCY: Environmental Protection regarding the aforementioned ABC Coke
Commission’s regulations.1 All Agency (EPA).
and Walter Coke facilities, requesting
comments contesting Commission staff’s ACTION: Notice of final order on
that EPA object to the CAA title V
preliminary determination that the petitions to object to state operating operating permits (#4–07–0001–03 and
facility meets the qualifying criteria permits.
must set forth their evidentiary basis. 4–07–0355–03, respectively). Petitioner
The Commission strongly encourages SUMMARY: The Environmental Protection alleged that the permits were not
electronic filing. Please file motions to Agency (EPA) Administrator signed an consistent with the CAA because: (1)
intervene and comments using the Order, dated July 15, 2016, denying They lack the conditions necessary to
Commission’s eFiling system at http:// petitions to object to Clean Air Act assure compliance with the general
www.ferc.gov/docs-filing/efiling.asp. (CAA) title V operating permits issued prohibition against ‘‘air pollution’’; (2)
Commenters can submit brief comments by the Jefferson County Department of they contain conditions governing
up to 6,000 characters, without prior Health (JCDH) to ABC Coke for its fugitive dust that are too vague or too
registration, using the eComment system facility located in Tarrant and Walter restrictive; and (3) JCDH failed to
at http://www.ferc.gov/docs-filing/ Coke for its facility located in North provide Petitioner with sufficient
ecomment.asp. You must include your Birmingham, both in Jefferson County, emissions information to participate
name and contact information at the end Alabama. This Order constitutes a final meaningfully in the permitting process
of your comments. For assistance, action on the petitions submitted by with respect to Walter Coke.
please contact FERC Online Support at Gasp (Petitioner) and received by EPA
on October 3, 2014, and December 2, On July 15, 2016, the Administrator
FERCOnlineSupport@ferc.gov, (866)
2014, respectively. issued an Order denying the petitions.
208–3676 (toll free), or (202) 502–8659
asabaliauskas on DSK3SPTVN1PROD with NOTICES

ADDRESSES: Copies of the Order, the
The Order explains EPA’s rationale for
(TTY). In lieu of electronic filing, please
send a paper copy to: Secretary, Federal petitions, and all pertinent information denying the petitions.
Energy Regulatory Commission, 888 relating thereto are on file at the Dated: July 26, 2016.
First Street NE., Washington, DC 20426. following location: EPA Region 4; Air, Heather McTeer Toney,
A copy of all other filings in reference Pesticides and Toxics Management Regional Administrator, Region 4.
to this application must be accompanied Division; 61 Forsyth Street SW., Atlanta, [FR Doc. 2016–18394 Filed 8–2–16; 8:45 am]
Georgia 30303–8960. The Order is also
BILLING CODE 6560–50–P
1 18 CFR 385.2001–2005 (2015). available electronically at the following

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Document Created: 2016-08-02 23:44:05
Document Modified: 2016-08-02 23:44:05

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of final order on petitions to object to state operating permits.
Contact		Art Hofmeister, Air Permits Section, EPA Region 4, at (404) 562-9115 or [email protected]
FR Citation		81 FR 51198