81 FR 52850 - Clean Air Act Operating Permit Program; Action on Petition for Objection to State Operating Permit for Waupaca Foundry Plant 1

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 154 (August 10, 2016)

This document announces that the Environmental Protection Agency (EPA) Administrator has denied a petition from Philip Nolan asking EPA to object to a Title V operating permit issued by the Wisconsin Department of Natural Resources (WDNR) to Waupaca Foundry Plant 1 (Waupaca). Sections 307(b) and 505(b)(2) of the Clean Air Act (Act) provide that a petitioner may ask for judicial review of those portions of the petition that EPA denies in the United States Court of Appeals for the appropriate circuit. Any petition for review shall be filed within 60 days from the date this notice appears in the Federal Register, pursuant to section 307 of the Act.

[Federal Register Volume 81, Number 154 (Wednesday, August 10, 2016)]
[Notices]
[Pages 52850-52851]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-19027]


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ENVIRONMENTAL PROTECTION AGENCY

[Regional Docket Nos. V-2015-2, FRL-9950-53-Region 5]


Clean Air Act Operating Permit Program; Action on Petition for 
Objection to State Operating Permit for Waupaca Foundry Plant 1

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final Order on petition to object to Clean Air Act 
Title V operating permit.

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SUMMARY: This document announces that the Environmental Protection 
Agency (EPA) Administrator has denied

[[Page 52851]]

a petition from Philip Nolan asking EPA to object to a Title V 
operating permit issued by the Wisconsin Department of Natural 
Resources (WDNR) to Waupaca Foundry Plant 1 (Waupaca). Sections 307(b) 
and 505(b)(2) of the Clean Air Act (Act) provide that a petitioner may 
ask for judicial review of those portions of the petition that EPA 
denies in the United States Court of Appeals for the appropriate 
circuit. Any petition for review shall be filed within 60 days from the 
date this notice appears in the Federal Register, pursuant to section 
307 of the Act.

ADDRESSES: You may review copies of the final Order, the petition, and 
other supporting information at the EPA Region 5 Office, 77 West 
Jackson Boulevard, Chicago, Illinois 60604. If you wish to examine 
these documents, you should make an appointment at least 24 hours 
before the day you would like to visit. Additionally, the final Order 
for the Waupaca petition is available electronically at: https://www.epa.gov/title-v-operating-permits/title-v-petition-database.

FOR FURTHER INFORMATION CONTACT: Genevieve Damico, Chief, Air Permits 
Section, Air Programs Branch, Air and Radiation Division, EPA, Region 
5, 77 West Jackson Boulevard AR-18J, Chicago, Illinois 60604, telephone 
(312) 353-4761.

SUPPLEMENTARY INFORMATION: The Act affords EPA a 45-day period to 
review and object, as appropriate, to Title V 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 the EPA review period to object to a Title V 
operating permit if EPA has not done so. A petition 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 
issues during the comment period, or the grounds for the issues arose 
after this period.
    On July 1, 2015, EPA received a petition from Philip Nolan 
(Petitioner) requesting that EPA object to the Title V operating permit 
for Waupaca. The Petitioner alleged that the permit is not in 
compliance with the requirements of the Act. Specifically, the 
Petitioner alleged that: (1) The permit does not limit Hazardous Air 
Pollutant emissions to a concentration of 4.59 [micro]g/m\3\, (2) the 
permit does not comply with Section 112 of the Act and the National 
Emission Standard for Hazardous Air Pollutants for the iron and steel 
foundry industry, (3) the EPA should conduct a residual risk and 
technology review, (4) the permit limits are insufficient to protect 
public health, (5) the modeling procedures used to determine public 
health risk were not correct, and (6) additional emissions control 
technology should be used.
    On July 14, 2016, the Administrator issued an Order denying the 
petition. The Order explains the reasons behind EPA's conclusion.

    Dated: August 1, 2016.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.
[FR Doc. 2016-19027 Filed 8-9-16; 8:45 am]
 BILLING CODE 6560-50-P