82 FR 32542 - Clean Air Act Operating Permit Program; Action on Petition for Objection to State Operating Permit for Waupaca Foundry Plants 2/3

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 134 (July 14, 2017)

Page Range		32542-32542
FR Document		2017-14840

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 Plants 2/3 (Waupaca). 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 82 Issue 134 (Friday, July 14, 2017)

[Federal Register Volume 82, Number 134 (Friday, July 14, 2017)]
[Notices]
[Page 32542]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-14840]



[[Page 32542]]

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ENVIRONMENTAL PROTECTION AGENCY

[Regional Docket Nos. V-2016-21, FRL-9964-48-Region 5]


Clean Air Act Operating Permit Program; Action on Petition for 
Objection to State Operating Permit for Waupaca Foundry Plants 2/3

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 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 
Plants 2/3 (Waupaca). 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 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.
    EPA received a petition dated December 1, 2016, 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 comply with Section 
112 of the Act and the National Emission Standard for Hazardous Air 
Pollutants for the iron and steel foundry industry and the definition 
of benzene, (2) actual emissions from the facility have created and 
sustained lethal hazardous air pollutant (HAP) concentrations in 
Waupaca County, (3) the WDNR mistakenly applied Chapter NR 445 
requirements (Wisconsin's state HAP program), (4) the modeling 
procedures were not correct.
    On June 7, 2017, the Administrator issued an Order denying the 
petition. The Order explains the reasons behind EPA's conclusion.

    Dated: June 19, 2017.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.
[FR Doc. 2017-14840 Filed 7-13-17; 8:45 am]
 BILLING CODE 6560-50-P

32542 Federal Register / Vol. 82, No. 134 / Friday, July 14, 2017 / Notices

ENVIRONMENTAL PROTECTION state, unless the petitioner demonstrates certification. The inspection evaluated
AGENCY that it was impracticable to raise issues the technical adequacy of this program’s
during the comment period, or the characterization of contact-handled (CH)
[Regional Docket Nos. V–2016–21, FRL–
9964–48-Region 5]
grounds for the issues arose after this TRU debris and solid waste. The EPA is
period. proposing to approve a new LANL
Clean Air Act Operating Permit EPA received a petition dated baseline that includes the significant
Program; Action on Petition for December 1, 2016, from Philip Nolan changes the U.S. Department of Energy’s
Objection to State Operating Permit for (Petitioner) requesting that EPA object (DOE’s) Central Characterization
Waupaca Foundry Plants 2/3 to the Title V operating permit for Program (CCP) is implementing at Los
Waupaca. The Petitioner alleged that the Alamos. The TRU waste
AGENCY: Environmental Protection permit is not in compliance with the characterization program changes,
Agency (EPA). requirements of the Act. Specifically, particularly to the Acceptable
ACTION: Notice of final Order on petition the Petitioner alleged that: (1) The Knowledge process, referred to as
to object to Clean Air Act Title V permit does not comply with Section ‘‘enhanced AK’’, address deficiencies
operating permit. 112 of the Act and the National identified by the DOE as among the root
Emission Standard for Hazardous Air causes of the February 2014 radiation
SUMMARY: This document announces Pollutants for the iron and steel foundry release at the WIPP. The EPA’s baseline
that the Environmental Protection industry and the definition of benzene, inspection report is available for review
Agency (EPA) Administrator has denied (2) actual emissions from the facility in the public dockets listed in the
a petition from Philip Nolan asking EPA have created and sustained lethal ADDRESSES section of this document.
to object to a Title V operating permit hazardous air pollutant (HAP) Until the EPA finalizes its baseline
issued by the Wisconsin Department of concentrations in Waupaca County, (3) approval decision, the DOE Carlsbad
Natural Resources (WDNR) to Waupaca the WDNR mistakenly applied Chapter Field Office (CBFO) may not recertify
Foundry Plants 2/3 (Waupaca). Sections NR 445 requirements (Wisconsin’s state LANL–CCP’s TRU waste
307(b) and 505(b)(32) of the Clean Air HAP program), (4) the modeling characterization program and LANL–
Act (Act) provide that a petitioner may procedures were not correct. CCP may not ship any TRU waste to the
ask for judicial review of those portions On June 7, 2017, the Administrator WIPP for disposal.
of the petition that EPA denies in the issued an Order denying the petition. The EPA is also proposing to
United States Court of Appeals for the The Order explains the reasons behind eliminate the distinction between
appropriate circuit. Any petition for EPA’s conclusion. retrievably-stored and newly-generated
review shall be filed within 60 days TRU waste characterized to meet the
from the date this notice appears in the Dated: June 19, 2017.
EPA’s regulatory requirements for
Federal Register, pursuant to section Robert A. Kaplan,
disposal at the WIPP. Since the July
307 of the Act. Acting Regional Administrator, Region 5.
2004 revisions to the WIPP Compliance
ADDRESSES: You may review copies of [FR Doc. 2017–14840 Filed 7–13–17; 8:45 am] Criteria (specifically the site inspection
the final Order, the petition, and other BILLING CODE 6560–50–P and approval process), the EPA has
supporting information at the EPA identified characterization of newly-
Region 5 Office, 77 West Jackson generated waste as a Tier 1 change when
Boulevard, Chicago, Illinois 60604. If ENVIRONMENTAL PROTECTION issuing the site-specific baseline
you wish to examine these documents, AGENCY approvals. Elimination of any Tier 1
you should make an appointment at [EPA–HQ–OAR–2017–0231; FRL–9964–70– change requirement is subject to public
least 24 hours before the day you would OAR] comment.
like to visit. Additionally, the final DATES: Comments must be received on
Order for the Waupaca petition is Proposed Approval of the Central or before August 28, 2017.
available electronically at: https:// Characterization Project’s Transuranic
ADDRESSES: Submit your comments,
www.epa.gov/title-v-operating-permits/ Waste Characterization Program at Los
identified by Docket ID No. EPA–HQ–
title-v-petition-database. Alamos National Laboratory and
OAR–2017–0231, to the Federal
FOR FURTHER INFORMATION CONTACT: Elimination of Distinction Between
eRulemaking Portal: https://
Genevieve Damico, Chief, Air Permits Retrievably-Stored and Newly-
www.regulations.gov. Follow the online
Section, Air Programs Branch, Air and Generated Transuranic Waste Destined
instructions for submitting comments.
Radiation Division, EPA, Region 5, 77 for Disposal at the Waste Isolation
Once submitted, comments cannot be
West Jackson Boulevard AR–18J, Pilot Plant
edited or withdrawn. The EPA may
Chicago, Illinois 60604, telephone (312) AGENCY: Environmental Protection publish any comment received to its
353–4761. Agency (EPA). public docket. Do not electronically
SUPPLEMENTARY INFORMATION: The Act ACTION: Notice of availability; request submit any information you consider to
affords EPA a 45-day period to review for public comments. be Confidential Business Information
and object, as appropriate, to Title V (CBI) or other information whose
operating permits proposed by state SUMMARY: The Environmental Protection disclosure is restricted by statute.
permitting authorities. Section 505(b)(2) Agency (EPA or the Agency) is Multimedia submissions (audio, video,
of the Act authorizes any person to announcing the availability of, and etc.) must be accompanied by a written
petition the EPA Administrator within soliciting public comment on, two comment. The written comment is
mstockstill on DSK30JT082PROD with NOTICES

60 days after the expiration of the EPA actions. considered the official comment and
review period to object to a Title V February 7–9, 2017, the Agency should include discussion of all points
operating permit if EPA has not done so. conducted a new baseline inspection of you wish to make. The EPA will
A petition must be based only on the Los Alamos waste characterization generally not consider comments or
objections to the permit that were raised program, in accordance with the WIPP comment contents located outside of the
with reasonable specificity during the Compliance Criteria and Condition 3 of primary submission (i.e., on the web,
public comment period provided by the the EPA’s May 13, 1998 initial WIPP cloud or other file sharing system). For

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Document Created: 2018-10-24 11:17:41
Document Modified: 2018-10-24 11:17:41

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 petition to object to Clean Air Act Title V operating permit.
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.
FR Citation		82 FR 32542