82 FR 35945 - Clean Air Act Operating Permit Program; Petitions for Objection to State Operating Permits for Duke Energy, LLC-Asheville Steam Electric Plant (Buncombe County, North Carolina) and Roxboro Steam Electric Plant (Person County, North Carolina)
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 147 (August 2, 2017)
Federal Register Volume 82, Issue 147 (August 2, 2017)
| Page Range | 35945-35946 | |
| FR Document | 2017-16277 |
[Federal Register Volume 82, Number 147 (Wednesday, August 2, 2017)] [Notices] [Pages 35945-35946] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-16277] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY [Petitions IV-2016-06 and -07; FRL-9965-57-Region 4] Clean Air Act Operating Permit Program; Petitions for Objection to State Operating Permits for Duke Energy, LLC--Asheville Steam Electric Plant (Buncombe County, North Carolina) and Roxboro Steam Electric Plant (Person County, North Carolina) AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of final orders on petitions to object to state operating permits. ----------------------------------------------------------------------- SUMMARY: The EPA Administrator signed two Orders, dated June 30, 2017, granting the petitions submitted by Sierra Club (Petitioner) objecting to proposed Clean Air Act (CAA) title V operating permits issued to Duke Energy, LLC. One Order responds to a June 17, 2016, petition objecting to a proposed title V permit issued by the Western North Carolina Regional Air Quality Agency to the Asheville Steam Electric Plant located in Arden, Buncombe County, North Carolina. The other Order responds to a June 23, 2016, petition objecting to a proposed title V permit issued by the North Carolina Department of Environmental Quality to the Roxboro Steam Electric Plant located near Semora, in Person County, North Carolina. Each Order constitutes a final action on the petition addressed therein. ADDRESSES: Copies of the Orders, 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 Orders are also available electronically at the following addresses: https://www.epa.gov/sites/production/files/2017-7/documents/duke_asheville_response2016.pdf, https://www.epa.gov/sites/production/files/2017-07/documents/duke_roxboro_response2016_0.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 the 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 the 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. Petitioner submitted a petition requesting that EPA object to the proposed CAA title V operating permit #11-628-15 issued to the Asheville Steam Electric Plant and a separate petition requesting that EPA object to the proposed title V operating permit #01001T49 issued to the Roxboro Steam Electric Plant. Petitioner claims generally that each permit must contain stricter, modeling-based numerical emission limits for sulfur dioxide (SO2 ) to prevent exceedances of the 2010 1- [[Page 35946]] hour SO2 National Ambient Air Quality Standard (NAAQS) and must contain a compliance schedule because, according to Petitioner, each facility has violated its current permit by causing violations of the 2010 1-hour SO2 NAAQS. On June 30, 2017, the Administrator issued Orders granting the petitions. The Orders explain EPA's basis for granting the petitions. Dated: July 19, 2017. V. Anne Heard, Acting Regional Administrator, Region 4. [FR Doc. 2017-16277 Filed 8-1-17; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 82, No. 147 / Wednesday, August 2, 2017 / Notices 35945
present an unreasonable risk of injury to ‘‘not likely to present an unreasonable Department of Environmental Quality to
health or the environment. risk’’ finding made by EPA under TSCA the Roxboro Steam Electric Plant
Unreasonable risk findings must be section 5(a)(3)(C). located near Semora, in Person County,
made without consideration of costs or EPA Case Number: J–17–0007; North Carolina. Each Order constitutes
other non-risk factors, including an Chemical identity: Biofuel producing a final action on the petition addressed
unreasonable risk to a potentially Saccharomyces cerevisiae modified, therein.
exposed or susceptible subpopulation genetically stable (generic name); Web ADDRESSES: Copies of the Orders, the
identified as relevant under the site link: https://www.epa.gov/ petitions, and all pertinent information
conditions of use. The term ‘‘conditions reviewing-new-chemicals-under-toxic- relating thereto are on file at the
of use’’ is defined in TSCA section 3 to substances-control-act-tsca/tsca-section- following location: EPA Region 4; Air,
mean ‘‘the circumstances, as determined 5a3c-determination-54. Pesticides and Toxics Management
by the Administrator, under which a EPA Case Number: P–17–0227; Division; 61 Forsyth Street SW., Atlanta,
chemical substance is intended, known, Chemical identity: 2-Alkenoic acid, 2- Georgia 30303–8960. The Orders are
or reasonably foreseen to be alkyl-, alkyl ester, polymer with 2-alkyl also available electronically at the
manufactured, processed, distributed in 2-propenoate and -(2-alkyl-1-oxo-2- following addresses: https://
commerce, used, or disposed of.’’ alken-1-yl—alkoxypoly(oxy-1,2- www.epa.gov/sites/production/files/
EPA is required under TSCA section alkanediyl), ester with -2-alken-1-yl— 2017–7/documents/duke_asheville_
5(g) to publish in the Federal Register hydroxypoly(oxy-1,2-alkanediyl); response2016.pdf, https://www.epa.gov/
a statement of its findings after its polymer exemption flag (generic name); sites/production/files/2017-07/
review of a TSCA section 5(a) notice Web site link: https://www.epa.gov/ documents/duke_roxboro_
when EPA makes a finding that a new reviewing-new-chemicals-under-toxic- response2016_0.pdf.
chemical substance or significant new substances-control-act-tsca/tsca-section- FOR FURTHER INFORMATION CONTACT: Art
use is not likely to present an 5a3c-determination-53. Hofmeister, Air Permits Section, EPA
unreasonable risk of injury to health or Region 4, at (404) 562–9115 or
Authority: 15 U.S.C. 2601 et seq.
the environment. Such statements apply hofmeister.art@epa.gov.
to PMNs, MCANs, and SNUNs Dated: June 8, 2017.
SUPPLEMENTARY INFORMATION: The CAA
submitted to EPA under TSCA section Greg Schweer,
affords the EPA a 45-day period to
5. Chief, New Chemicals Management Branch,
Anyone who plans to manufacture Chemical Control Division, Office of Pollution review and, as appropriate, the
(which includes import) a new chemical Prevention and Toxics. authority to object to operating permits
substance for a non-exempt commercial [FR Doc. 2017–16275 Filed 8–1–17; 8:45 am]
proposed by state permitting authorities
purpose and any manufacturer or under title V of the CAA, 42 U.S.C.
BILLING CODE 6560–50–P
processor wishing to engage in a use of 7661–7661f. Section 505(b)(2) of the
a chemical substance designated by EPA CAA and 40 CFR 70.8(d) authorize any
as a significant new use must submit a ENVIRONMENTAL PROTECTION person to petition the EPA
notice to EPA at least 90 days before AGENCY Administrator to object to a title V
commencing manufacture of the new operating permit within 60 days after
[Petitions IV–2016–06 and –07; FRL–9965– the expiration of the EPA’s 45-day
chemical substance or before engaging 57–Region 4]
in the significant new use. review period if EPA has not objected
The submitter of a notice to EPA for on its own initiative. Petitions must be
Clean Air Act Operating Permit
which EPA has made a finding of ‘‘not based only on objections to the permit
Program; Petitions for Objection to
likely to present an unreasonable risk of that were raised with reasonable
State Operating Permits for Duke
injury to health or the environment’’ specificity during the public comment
Energy, LLC—Asheville Steam Electric
may commence manufacture of the period provided by the state, unless the
Plant (Buncombe County, North
chemical substance or manufacture or petitioner demonstrates that it was
Carolina) and Roxboro Steam Electric
processing for the significant new use impracticable to raise these issues
Plant (Person County, North Carolina)
notwithstanding any remaining portion during the comment period or the
of the applicable review period. AGENCY: Environmental Protection grounds for the issues arose after this
Agency (EPA). period. Pursuant to sections 307(b) and
IV. Statements of Administrator ACTION: Notice of final orders on 505(b)(2) of the CAA, a petition for
Findings Under TSCA Section 5(a)(3)(C) petitions to object to state operating judicial review of those parts of the
In this unit, EPA provides the permits. Order that deny issues in the petition
following information (to the extent that may be filed in the United States Court
such information is not claimed as SUMMARY: The EPA Administrator of Appeals for the appropriate circuit
Confidential Business Information signed two Orders, dated June 30, 2017, within 60 days from the date this notice
(CBI)) on the PMNs, MCANs and granting the petitions submitted by is published in the Federal Register.
SNUNs for which, during this period, Sierra Club (Petitioner) objecting to Petitioner submitted a petition
EPA has made findings under TSCA proposed Clean Air Act (CAA) title V requesting that EPA object to the
section 5(a)(3)(C) that the new chemical operating permits issued to Duke proposed CAA title V operating permit
substances or significant new uses are Energy, LLC. One Order responds to a #11–628–15 issued to the Asheville
not likely to present an unreasonable June 17, 2016, petition objecting to a Steam Electric Plant and a separate
proposed title V permit issued by the petition requesting that EPA object to
sradovich on DSKBCFCHB2PROD with NOTICES
risk of injury to health or the
environment: Western North Carolina Regional Air the proposed title V operating permit
• EPA case number assigned to the Quality Agency to the Asheville Steam #01001T49 issued to the Roxboro Steam
TSCA section 5(a) notice. Electric Plant located in Arden, Electric Plant. Petitioner claims
• Chemical identity (generic name, if Buncombe County, North Carolina. The generally that each permit must contain
the specific name is claimed as CBI). other Order responds to a June 23, 2016, stricter, modeling-based numerical
• Web site link to EPA’s decision petition objecting to a proposed title V emission limits for sulfur dioxide (SO2)
document describing the basis of the permit issued by the North Carolina to prevent exceedances of the 2010 1-
VerDate Sep<11>2014 19:43 Aug 01, 2017 Jkt 241001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\02AUN1.SGM 02AUN1](https://thefederalregister.org/doc/82_FR_36092/page/1.svg)
![35946 Federal Register / Vol. 82, No. 147 / Wednesday, August 2, 2017 / Notices
hour SO2 National Ambient Air Quality U.S. and all ports and points majority of the directors, the chief operating
Standard (NAAQS) and must contain a worldwide. officer, or the chief executive officer of the
compliance schedule because, according Agreement No.: 012488. carrier.
to Petitioner, each facility has violated Title: THE Alliance/OOCL Vessel As required by the Shipping Act,
its current permit by causing violations Sharing Agreement. controlled carriers are subject to special
of the 2010 1-hour SO2 NAAQS. On Parties: Hapag Lloyd AG, Kawasaki oversight by the Commission. Section
June 30, 2017, the Administrator issued Kisen Kaisha, Ltd., Mitsui O.S.K. Lines, 9(a) of the Shipping Act (46 U.S.C.
Orders granting the petitions. The Ltd., Nippon Yusen Kaisha, and Yang 40701(b)), states:
Orders explain EPA’s basis for granting Ming Marine Transport Corp (acting as
a single party); and Orient Overseas The Federal Maritime Commission, at any
the petitions. time after notice and opportunity for a
Container Line Limited.
Dated: July 19, 2017. hearing, may prohibit the publication or use
Filing Party: David Smith and Joshua of a rate, charge, classification, rule, or
V. Anne Heard, Stein; Cozen O’Connor; 1200 19th Street regulation that a controlled carrier has failed
Acting Regional Administrator, Region 4. NW.; Washington, DC 20036. to demonstrate is just and reasonable.
[FR Doc. 2017–16277 Filed 8–1–17; 8:45 am] Synopsis: The Agreement authorizes
BILLING CODE 6560–50–P the Parties to charter and exchange Congress enacted these protections to
space on their respective vessels in the ensure that controlled carries, whose
trade between the U.S. Pacific Coast and marketplace decision-making can be
Japan, and to enter into cooperative influenced by foreign governmental
FEDERAL MARITIME COMMISSION
working arrangements in connection priorities or by their access to non-
Notice of Agreements Filed therewith. market sources of capital, do not engage
in unreasonable below-market pricing
The Commission hereby gives notice By Order of the Federal Maritime
practices which could disrupt trade or
Commission.
of the filing of the following agreements harm privately-owned shipping
under the Shipping Act of 1984. Dated: July 28, 2017.
companies.
Interested parties may submit comments JoAnne D. O’Bryant, The controlled carrier list is not a
on the agreement to the Secretary, Program Analyst. comprehensive list of foreign-owned or
Federal Maritime Commission, [FR Doc. 2017–16264 Filed 8–1–17; 8:45 am] -controlled ships or ship owners; rather,
Washington, DC 20573, within twelve BILLING CODE 6731–AA–P it is only a list of ocean common carriers
days of the date this notice appears in that are controlled by governments. See
the Federal Register. A copy of the 46 U.S.C. 40102(8). Thus, ocean
agreement is available through the FEDERAL MARITIME COMMISSION common carriers owned by foreign
Commission’s Web site (www.fmc.gov) individuals are not included, nor are
or by contacting the Office of Controlled Carriers Under the Shipping
tramp operators, other non-common
Agreements at (202)-523–5793 or Act of 1984
carriers, or non-vessel-operating
tradeanalysis@fmc.gov. AGENCY: Federal Maritime Commission. common carriers, regardless of their
Agreement No.: 012067–019. ACTION: Notice. ownership or control.
Title: U.S. Supplemental Agreement Since the last publication of this list
to the HLC Agreement. SUMMARY: The Federal Maritime on July 2, 2015 (80 FR 43427), there has
Parties: BBC Chartering Carriers Commission is publishing an updated been a reduction in the number of
GmbH & Co. KG and BBC Chartering & list of controlled carriers, i.e., ocean controlled carriers, due in part to the
Logistic GmbH & Co. KG (acting as a common carriers operating in U.S.- spate of consolidation activity that has
single party); Chipolbrok (Chinese- foreign trades that are owned or occurred over the last two years. These
Polish Joint Stock Shipping Company); controlled by foreign governments. Such changes are described below.
Hanssy Shipping Pte. Ltd.; Industrial carriers are subject to special regulatory Pursuant to 46 CFR 501.23, COSCO
Maritime Carriers, L.L.C; and Rickmers- oversight by the Commission under the SHIPPING Lines (Europe) GmbH
Linie GmbH & Cie. KG. Shipping Act of 1984. (formerly COSCO Container Lines
Filing Party: Wade S. Hooker, Esq.; FOR FURTHER INFORMATION CONTACT: Europe GmbH) was classified as a
211 Central Park W.; New York, NY Tyler J. Wood, General Counsel, Federal controlled carrier on November 9, 2015.
10024. Maritime Commission, 800 North See Petition of COSCO Container Lines
Synopsis: The amendment deletes Capitol Street NW., Washington, DC Europe GmbH for an Exemption from 46
Peter Dohle Schiffahrts KG as a party to 20573 (202) 523–5740. U.S.C. 40703, Docket No. P3–15 (Nov. 9,
the HLC Agreement attached to the U.S. SUPPLEMENTARY INFORMATION: The 2015). All tariffs for this carrier were
Supplemental Agreement.\ Federal Maritime Commission is cancelled effective May 24, 2017. As a
Agreement No.: 012301–003. publishing an updated list of controlled result, COSCO SHIPPING Lines
Title: Siem Car Carrier AS/ carriers. Section 3(8) of the Shipping (Europe) GmbH will not be added to this
Volkswagen Logistics Konzernlogistik Act of 1984 (46 U.S.C. 40102(8)), defines republished controlled carrier list.
GMBH & Co. OHG Space Charter a ‘‘controlled carrier’’ as: Two previously classified controlled
Agreement. an ocean common carrier that is, or whose carriers, China Shipping Container
Parties: Siem Car Carrier Pacific AS operating assets are, directly or indirectly, Lines, Co., Ltd. and COSCO Container
and Volkswagen Konzernlogistik GmBH owned or controlled by a government, with Lines Company, Limited, have formed a
sradovich on DSKBCFCHB2PROD with NOTICES
& Co. OHG. ownership or control by a government being single controlled carrier now known as
Filing Party: Ashley W. Craig, Esq. deemed to exist for a carrier if— COSCO SHIPPING Lines Co., Ltd.
and Elizabeth K. Lowe, Esq.; Venable (A) a majority of the interest in the carrier Hainan P O Shipping Co., Ltd. is
is owned or controlled in any manner by that being removed from the list as it no
LLP; 575 Seventh Street NW.,
government, an agency of that government, or
Washington, DC 20004. a public or private person controlled by that longer operates as a common carrier. All
Synopsis: The amendment expands government; or Hainan P O Shipping Co., Ltd. tariffs in
the geographic scope of the Agreement (B) that government has the right to the U.S.-foreign trades were cancelled
to include all ports and points in the appoint or disapprove the appointment of a effective November 29, 2012.
VerDate Sep<11>2014 19:43 Aug 01, 2017 Jkt 241001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\02AUN1.SGM 02AUN1](https://thefederalregister.org/doc/82_FR_36092/page/2.svg)
Document Created: 2017-08-02 07:09:37
Document Modified: 2017-08-02 07:09:37
| 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 orders 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 | 82 FR 35945 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR