81_FR_86941 81 FR 86710 - Clean Air Act Operating Permit Program; Action on Petition for Objection to State Operating Permit for Appleton Coated LLC

81 FR 86710 - Clean Air Act Operating Permit Program; Action on Petition for Objection to State Operating Permit for Appleton Coated LLC

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 231 (December 1, 2016)

Page Range86710-86711
FR Document2016-28880

This document announces that the Environmental Protection Agency (EPA) Administrator has denied two petitions asking EPA to object to a Title V operating permit issued by the Wisconsin Department of Natural Resources (WDNR) to Appleton Coated LLC (Appleton Coated). The first petition was submitted by the Sierra Club, the Clean Water Action Council, and the Midwest Environmental Defense Center (Sierra Club Petition). The second petition was submitted by Appleton Coated and the Wisconsin Paper Council (Appleton Coated/WPC Petition). Sections 307(b) and 505(b)(32) 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 Issue 231 (Thursday, December 1, 2016) 
[Federal Register Volume 81, Number 231 (Thursday, December 1, 2016)]
[Notices]
[Pages 86710-86711]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-28880]


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ENVIRONMENTAL PROTECTION AGENCY

[Regional Docket Nos. V-2013-12 and V-2013-15, FRL-9955-87-Region 5]


Clean Air Act Operating Permit Program; Action on Petition for 
Objection to State Operating Permit for Appleton Coated LLC

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 two petitions asking EPA to 
object to a Title V operating permit issued by the Wisconsin Department 
of Natural Resources (WDNR) to Appleton Coated LLC (Appleton Coated). 
The first petition was submitted by the Sierra Club, the Clean Water 
Action Council, and the Midwest Environmental Defense Center (Sierra 
Club Petition). The second petition was submitted by Appleton Coated 
and the Wisconsin Paper Council (Appleton Coated/WPC Petition). 
Sections 307(b) and 505(b)(32) 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 Appleton 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.

[[Page 86711]]

    On October 28, 2013, EPA received the Sierra Club Petition which 
alleged that WDNR applied an erroneous interpretation of the ``routine 
maintenance, repair, and replacement'' exemption for a superheater 
boiler tube replacement project from 2005, and that the project 
resulted in a significant net emissions increase triggering New Source 
Review (NSR). On November 19, 2013, EPA received the Appleton Coated/
WPC Petition which alleged that the permit is deficient because it 
lacks a permit shield from NSR requirements for the 2005 superheater 
boiler tube replacement project.
    On October 14, 2016, the Administrator issued an Order denying both 
petitions. The Order explains the reasons behind EPA's conclusion.

    Dated: November 18, 2016.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.
[FR Doc. 2016-28880 Filed 11-30-16; 8:45 am]
 BILLING CODE 6560-50-P

86710 Federal Register / Vol. 81, No. 231 / Thursday, December 1, 2016 / Notices Dated: November 25, 2016. under section 305(b) of the Magnuson- ACTION: Notice of final Order on petition Nathaniel J. Davis, Sr., Stevens Fishery Conservation and to object to Clean Air Act Title V Deputy Secretary. Management Act and implementing operating permit. [FR Doc. 2016–28837 Filed 11–30–16; 8:45 am] regulations at 50 CFR 600.920. We are also initiating consultation with the SUMMARY: This document announces BILLING CODE 6717–01–P Pennsylvania State Historic Preservation that the Environmental Protection Office, as required by section 106, Agency (EPA) Administrator has denied DEPARTMENT OF ENERGY National Historic Preservation Act, and two petitions asking EPA to object to a the implementing regulations of the Title V operating permit issued by the Federal Energy Regulatory Advisory Council on Historic Wisconsin Department of Natural Commission Preservation at 36 CFR 800.2. Resources (WDNR) to Appleton Coated l. With this notice, we are designating LLC (Appleton Coated). The first [FFP Project 133, LLC; Project No. 14524– petition was submitted by the Sierra 001] FFP Project 133, LLC as the Commission’s non-federal Club, the Clean Water Action Council, Notice of Intent To File License representative for carrying out informal and the Midwest Environmental Application, Filing of Pre-Application consultation pursuant to section 7 of the Defense Center (Sierra Club Petition). Document, and Approving Use of the Endangered Species Act and section The second petition was submitted by Traditional Licensing Process 305(b) of the Magnuson-Stevens Fishery Appleton Coated and the Wisconsin Conservation and Management Act; and Paper Council (Appleton Coated/WPC a. Type of Application: Notice of consultation pursuant to section 106 of Petition). Sections 307(b) and 505(b)(32) Intent to File License Application and the National Historic Preservation Act. of the Clean Air Act (Act) provide that Request to Use the Traditional Licensing m. FFP Project 133, LLC filed a Pre- a petitioner may ask for judicial review Process. Application Document (PAD; including of those portions of the petition that b. Project No.: 14524–001. a proposed process plan and schedule) EPA denies in the United States Court c. Date filed: September 26, 2016. with the Commission, pursuant to 18 of Appeals for the appropriate circuit. d. Submitted by: FFP Project 133, CFR 5.6 of the Commission’s Any petition for review shall be filed LLC. regulations. within 60 days from the date this notice e. Name of Project: Dashields Locks n. A copy of the PAD is available for appears in the Federal Register, and Dam Hydroelectric Project. review at the Commission in the Public pursuant to section 307 of the Act. f. Location: At the existing U.S. Army Reference Room or may be viewed on ADDRESSES: You may review copies of Corps of Engineers’ Dashields Locks and the Commission’s Web site (http:// the final Order, the petition, and other Dam on the Ohio River in Edgeworth www.ferc.gov), using the ‘‘eLibrary’’ supporting information at the EPA Borough, Allegheny County, link. Enter the docket number, Region 5 Office, 77 West Jackson Pennsylvania. The project would excluding the last three digits in the Boulevard, Chicago, Illinois 60604. If occupy United States lands docket number field to access the you wish to examine these documents, administered by the U.S. Army Corps of document. For assistance, contact FERC you should make an appointment at Engineers. Online Support at least 24 hours before the day you would g. Filed Pursuant to: 18 CFR 5.3 of the FERCONlineSupport@ferc.gov, (866) like to visit. Additionally, the final Commission’s regulations. 208–3676 (toll free), or (202) 502–8659 Order for the Appleton petition is h. Potential Applicant Contact: Mr. (TTY). A copy is also available for available electronically at: https:// Erik Steimle, Vice President, inspection and reproduction at the www.epa.gov/title-v-operating-permits/ Development, 334 NW., 11th Ave. address in paragraph h. title-v-petition-database. Portland, OR 97209, Phone: (503) 998– o. Register online at http:// 0230, Email: erik@ryedevelopment.com FOR FURTHER INFORMATION CONTACT: www.ferc.gov/docs-filing/ Genevieve Damico, Chief, Air Permits or Ms. Kellie M. Doherty, Vice esubscription.asp to be notified via President, Environmental, 745 Atlantic Section, Air Programs Branch, Air and email of new filings and issuances Radiation Division, EPA, Region 5, 77 Ave., 8th Floor, Boston, MA 02111, related to this or other pending projects. Phone: (617) 701–3288, Email: kellie@ West Jackson Boulevard AR–18J, For assistance, contact FERC Online Chicago, Illinois 60604, telephone (312) ryedevelopment.com. Support. i. FERC Contact: Brandi Sangunett, 353–4761. Phone: (202) 502–8393, Email: Dated: November 25, 2016. SUPPLEMENTARY INFORMATION: The Act brandi.sangunett@ferc.gov. Kimberly D. Bose, affords EPA a 45-day period to review j. FFP Project 133, LLC filed its Secretary. and object, as appropriate, to Title V request to use the Traditional Licensing [FR Doc. 2016–28849 Filed 11–30–16; 8:45 am] operating permits proposed by state Process on September 26, 2016. FFP BILLING CODE 6717–01–P permitting authorities. Section 505(b)(2) Project 133, LLC provided public notice of the Act authorizes any person to of its request on September 26, 2016. In petition the EPA Administrator within a letter dated November 25, 2016, the ENVIRONMENTAL PROTECTION 60 days after the expiration of the EPA Director of the Division of Hydropower AGENCY review period to object to a Title V Licensing approved FFP Project 133, operating permit if EPA has not done so. LLC’s request to use the Traditional [Regional Docket Nos. V–2013–12 and V– A petition must be based only on Licensing Process. 2013–15, FRL–9955–87–Region 5] objections to the permit that were raised jstallworth on DSK7TPTVN1PROD with NOTICES k. With this notice, we are initiating with reasonable specificity during the Clean Air Act Operating Permit informal consultation with the U.S. Fish public comment period provided by the Program; Action on Petition for and Wildlife Service and/or NOAA state, unless the petitioner demonstrates Objection to State Operating Permit for Fisheries under section 7 of the that it was impracticable to raise issues Appleton Coated LLC Endangered Species Act and the joint during the comment period, or the agency regulations thereunder at 50 AGENCY: Environmental Protection grounds for the issues arose after this CFR, Part 402; and NOAA Fisheries Agency (EPA). period. VerDate Sep<11>2014 15:02 Nov 30, 2016 Jkt 241001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\01DEN1.SGM 01DEN1

Federal Register / Vol. 81, No. 231 / Thursday, December 1, 2016 / Notices 86711 On October 28, 2013, EPA received building security procedures, at least 24 https://www.epa.gov/caa-permitting/ the Sierra Club Petition which alleged hours advance notice is required. california-tribal-gasoline-permits. If you that WDNR applied an erroneous FOR FURTHER INFORMATION CONTACT: Lisa have questions, or if you wish to obtain interpretation of the ‘‘routine Beckham, EPA Region 9, (415) 972– further information, please contact Lisa maintenance, repair, and replacement’’ 3811, beckham.lisa@epa.gov. Key Beckham at (415) 972–3811, toll-free at exemption for a superheater boiler tube portions of the administrative record for (866) 372–9378, via email at replacement project from 2005, and that this decision are available through a R9airpermits@epa.gov, or at the mailing the project resulted in a significant net link at Region 9’s Web site, https:// address above. If you would like to be emissions increase triggering New www.epa.gov/caa-permitting/california- added to our mailing list to receive Source Review (NSR). On November 19, tribal-gasoline-permits, or at future information about this draft 2013, EPA received the Appleton www.regulations.gov (Docket ID # EPA– permit decision or other permit Coated/WPC Petition which alleged that R09–OAR–2016–0580). decisions issued by the EPA Region 9, the permit is deficient because it lacks please contact Lisa Beckham, or visit the SUPPLEMENTARY INFORMATION: a permit shield from NSR requirements EPA Region 9’s Web site at http:// for the 2005 superheater boiler tube Extension of Comment Period www2.epa.gov/caa-permitting/tribal- replacement project. On September 30, 2016, the EPA nsr-permits-region-9. On October 14, 2016, the provided notice of, and requested public Summary of Proposed Action Administrator issued an Order denying comment on, the EPA’s draft general both petitions. The Order explains the The draft general permit is for a single permit for gasoline dispensing facilities source category, gasoline dispensing reasons behind EPA’s conclusion. for use in Indian country within facilities (GDFs), and would be available Dated: November 18, 2016. California pursuant to the Clean Air Act in certain areas of Indian country that Robert A. Kaplan, (CAA) Federal Indian Country Minor are within the geographical boundaries Acting Regional Administrator, Region 5. New Source Review (NSR) program for of California. This includes areas [FR Doc. 2016–28880 Filed 11–30–16; 8:45 am] new and modified minor sources at 40 located in an Indian reservation or in BILLING CODE 6560–50–P CFR 49.151 through 49.161. See also 81 another area of Indian country (as FR 69814 (Oct. 7, 2016). defined in 18 U.S.C. 1151) over which The EPA is extending the deadline for an Indian tribe, or the EPA, has ENVIRONMENTAL PROTECTION submitting comments on this action demonstrated that the tribe has AGENCY until January 31, 2017. Any person may jurisdiction and where there is no EPA- submit written comments on the draft approved minor NSR program in place. [EPA–R09–OAR–2016–0580; FRL–9955–86– Region 9] permit during the public comment The EPA is proposing this general period. These comments must raise any permit as an option for CAA minor NSR Comment Period Extended: General reasonably ascertainable issue with preconstruction permitting to help Permit Under the Federal Indian supporting arguments by the close of the streamline the EPA’s permitting of Country Minor NSR Program public comment period. All written certain minor sources that construct or comments on the draft general permit modify in Indian country and belong to AGENCY: United States Environmental must be received or postmarked by the GDF source category. Protection Agency (EPA). January 31, 2017. Comments must be The primary pollutant of concern for ACTION: Notice; comment period sent or delivered in writing to Lisa GDFs that may use this general permit extended. Beckham at one of the following is volatile organic compounds (VOC), addresses: which are emitted from storage tanks SUMMARY: The Environmental Protection Email: R9airpermits@epa.gov. and gasoline dispensing units at GDFs. Agency (EPA) previously provided Online Docket: www.regulations.gov, Some GDFs may also have emergency notice of, and requested public Docket ID: EPA–R09–OAR–2016–0580. engines, but only those sources with comment on, the EPA’s draft general U.S. Mail: Lisa Beckham (AIR–3), U.S. emergency engines that are exempt from permit for gasoline dispensing facilities EPA Region 9, 75 Hawthorne Street, San minor NSR permitting requirements for use in Indian country within Francisco, CA 94105–3901. may use this general permit. Emissions California pursuant to the Clean Air Act Please see our previous notice for of all other regulated NSR pollutants (CAA) Federal Indian Country Minor additional information about this action, from new or modified GDF sources that New Source Review (NSR) program for which is available through the online may use the general permit are expected new and modified minor sources. The docket here: https:// to be below the minor NSR permitting EPA is extending the deadline for www.regulations.gov/document?D=EPA- thresholds in 40 CFR 49.153. submitting comments on this action This draft general permit regulates R09-OAR-2016-0580-0005. until January 31, 2017. Any person may As detailed in our previous notice, the VOC emissions from GDFs, and submit written comments on the draft EPA has scheduled a public hearing for includes emission limitations that permit during the public comment this action on November 30, 2016 from require each GDF to control emissions period. 2:00 to 3:30 p.m. at U.S. EPA Region 9, from storage tanks during unloading of DATES: Comments will be accepted until 1st Floor Conference Center, 75 the gasoline cargo from the tanker truck, January 31, 2017. Hawthorne Street, San Francisco, using what are known as Stage I ADDRESSES: Documents relevant to the California. Please note that our previous controls. In addition, the draft general above-referenced permit are available notice for this action announced a permit requires GDFs in ozone jstallworth on DSK7TPTVN1PROD with NOTICES for public inspection during normal deadline of November 16, 2016 for nonattainment areas to limit VOC business hours at the following address: requesting an additional public hearing; emissions resulting from vehicle U.S. Environmental Protection Agency, this deadline has passed and is not refueling by recovering vapors displaced Region 9, 75 Hawthorne Street, San being extended. from the vehicle fuel tank, using pump- Francisco, CA 94105–3901. To arrange The draft general permit and other based controls known as Stage II for viewing of these documents, call supporting information about this action controls. There are also limits on the Lisa Beckham at (415) 972–3811. Due to are available through this Web page: amount of gasoline each GDF can VerDate Sep<11>2014 15:02 Nov 30, 2016 Jkt 241001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\01DEN1.SGM 01DEN1


Document Created: 2018-02-14 09:00:52
Document Modified: 2018-02-14 09:00:52
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of final Order on petition to object to Clean Air Act Title V operating permit.
ContactGenevieve 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.
FR Citation81 FR 86710 
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