83 FR 14271 - Clean Air Act Operating Permit Program; Petitions for Objection to State Operating Permit for Superior Silica Sands and Wisconsin Proppants LLC

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 64 (April 3, 2018)

Page Range		14271-14272
FR Document		2018-06764

The Environmental Protection Agency (EPA) Administrator signed an Order dated February 26, 2018, denying Petitions dated October 25, 2016 and January 25, 2017 from the Ho-Chunk Nation and the Sierra Club John Muir Chapter. The first Petition requested that EPA object to a Clean Air Act (CAA) title V operating permit issued by the Wisconsin Department of Natural Resources (WDNR) to Superior Silica Sands for its industrial sand mining and processing facility in Barron County, Wisconsin. The second Petition also requested that EPA object to a CAA title V operating permit issued by the WDNR to Wisconsin Proppants for its industrial sand mine and processing facility in Jackson County, Wisconsin.

Federal Register, Volume 83 Issue 64 (Tuesday, April 3, 2018)

[Federal Register Volume 83, Number 64 (Tuesday, April 3, 2018)]
[Notices]
[Pages 14271-14272]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-06764]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9976-11--Region 5]


Clean Air Act Operating Permit Program; Petitions for Objection 
to State Operating Permit for Superior Silica Sands and Wisconsin 
Proppants LLC

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final order on petitions for objection to Clean Air 
Act title V operating permits.

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SUMMARY: The Environmental Protection Agency (EPA) Administrator signed 
an Order dated February 26, 2018, denying Petitions dated October 25, 
2016 and January 25, 2017 from the Ho-Chunk Nation and the Sierra Club 
John Muir Chapter. The first Petition requested that EPA object to a 
Clean Air Act (CAA) title V operating permit issued by the Wisconsin 
Department of Natural Resources (WDNR) to Superior Silica Sands for its 
industrial sand mining and processing facility in Barron County, 
Wisconsin. The second Petition also requested that EPA object to a CAA 
title V operating permit issued by the WDNR to Wisconsin Proppants for 
its industrial sand mine and processing facility in Jackson County, 
Wisconsin.

ADDRESSES: EPA requests that you contact the individual listed in the 
FOR FURTHER INFORMATION CONTACT section to view copies of the final 
Order, the Petition, and other supporting information. You may review 
copies of the final Order, the Petition, and other supporting 
information at the EPA Region 5 Office, 77 W. Jackson Blvd., Chicago 
Illinois, 60604. You may view the hard copies Monday through Friday, 
from 9 a.m. to 4 p.m., excluding Federal holidays. If you wish to 
examine these documents, you should make an appointment at least 24 
hours before the visiting day. Additionally, the final Order and 
Petition are available electronically at: https://www.epa.gov/title-v-operating-permits/title-v-petition-database.

FOR FURTHER INFORMATION CONTACT: Genevieve Damico, EPA Region 5, (312) 
353-4761, [email protected].

SUPPLEMENTARY INFORMATION: The CAA affords EPA a 45-day period to 
review and object to, as appropriate, operating permits proposed by 
state permitting authorities under title V of the CAA. Section 
505(b)(2) of the CAA authorizes 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 unless the grounds for the issues arose 
after this period.
    EPA received the Petitions from Ho-Chunk Nation and the Sierra Club 
John Muir Chapter dated October 25, 2016 and January 25, 2017, 
requesting that EPA object to the issuance of operating permit no. 
603110860-P01, issued by the WDNR to Superior Silica Sands for its 
industrial sand mining and processing facility in Barron County, 
Wisconsin, and operating permit no. 627026620-P01, issued by the WDNR 
to Wisconsin Proppants for it industrial sand mine and processing 
facility in Jackson County, Wisconsin. The Petitions alleged that (1) 
the permits are deficient because they do not include emissions 
estimates for all sources of particulate matter of less than 2.5 
microns (PM 2.5), (2) the permits are deficient because PM 2.5 limits 
that were based on previous modeling were removed and WDNR has not made 
a defensible finding that the proposed permits will not cause or 
contribute to an exceedance of any ambient air quality standard, and 
(3) (raised in

[[Page 14272]]

Superior Silica Sands only) the permit does not assure compliance with 
New Source Performance Standard for PM limits because the permit does 
not require the facility to operate the control device according to all 
of the design parameters specified in the manufacturer's guarantees.
    On February 26, 2018, the EPA Administrator issued an Order denying 
the Petitions. The Order explains the basis for EPA's decision.
    Sections 307(b) and 505(b)(2) of the CAA provide that a petitioner 
may request judicial review of those portions of an order that deny 
issues in a petition. Any petition for review shall be filed in the 
United States Court of Appeals for the appropriate circuit no later 
than June 4, 2018.

    Dated: March 20, 2018.
Edward H. Chu,
Acting Regional Administrator, Region 5.
[FR Doc. 2018-06764 Filed 4-2-18; 8:45 am]
 BILLING CODE 6560-50-P

Federal Register / Vol. 83, No. 64 / Tuesday, April 3, 2018 / Notices 14271

Filed Date: 3/27/18. Comments Due: 5 p.m. ET 4/9/18. FURTHER INFORMATION CONTACT section to
Accession Number: 20180327–5100. The filings are accessible in the view copies of the final Order, the
Comments Due: 5 p.m. ET 4/9/18. Commission’s eLibrary system by Petition, and other supporting
Docket Numbers: RP18–587–000. clicking on the links or querying the information. You may review copies of
Applicants: Iroquois Gas docket number. the final Order, the Petition, and other
Transmission System, L.P. Any person desiring to intervene or supporting information at the EPA
Description: § 4(d) Rate Filing: 032718 protest in any of the above proceedings Region 5 Office, 77 W. Jackson Blvd.,
Negotiated Rates—Vitol Inc. R–7495–06 must file in accordance with Rules 211 Chicago Illinois, 60604. You may view
to be effective 4/1/2018. and 214 of the Commission’s the hard copies Monday through Friday,
Filed Date: 3/27/18. Regulations (18 CFR 385.211 and from 9 a.m. to 4 p.m., excluding Federal
Accession Number: 20180327–5104. 385.214) on or before 5:00 p.m. Eastern holidays. If you wish to examine these
Comments Due: 5 p.m. ET 4/9/18. time on the specified comment date. documents, you should make an
Docket Numbers: RP18–588–000. Protests may be considered, but appointment at least 24 hours before the
Applicants: Iroquois Gas intervention is necessary to become a visiting day. Additionally, the final
Transmission System, L.P. party to the proceeding. Order and Petition are available
Description: § 4(d) Rate Filing: 032718 eFiling is encouraged. More detailed electronically at: https://www.epa.gov/
Negotiated Rates—Macquarie Energy information relating to filing title-v-operating-permits/title-v-petition-
LLC R–4090–16 to be effective 4/1/2018. requirements, interventions, protests, database.
Filed Date: 3/27/18. service, and qualifying facilities filings FOR FURTHER INFORMATION CONTACT:
Accession Number: 20180327–5106. can be found at: http://www.ferc.gov/ Genevieve Damico, EPA Region 5, (312)
Comments Due: 5 p.m. ET 4/9/18. docs-filing/efiling/filing-req.pdf. For 353–4761, damico.genevieve@epa.gov.
Docket Numbers: RP18–589–000. other information, call (866) 208–3676 SUPPLEMENTARY INFORMATION: The CAA
Applicants: Natural Gas Pipeline (toll free). For TTY, call (202) 502–8659. affords EPA a 45-day period to review
Company of America. Dated: March 28, 2018. and object to, as appropriate, operating
Description: § 4(d) Rate Filing: Nathaniel J. Davis, Sr., permits proposed by state permitting
Amended Negotiated Rate Agreement— Deputy Secretary.
authorities under title V of the CAA.
DTE Energy to be effective 4/1/2018. Section 505(b)(2) of the CAA authorizes
[FR Doc. 2018–06698 Filed 4–2–18; 8:45 am]
Filed Date: 3/28/18. any person to petition the EPA
BILLING CODE 6717–01–P
Accession Number: 20180328–5000. Administrator to object to a title V
Comments Due: 5 p.m. ET 4/9/18. operating permit within 60 days after
Docket Numbers: RP18–590–000. the expiration of EPA’s 45-day review
ENVIRONMENTAL PROTECTION period, if EPA has not objected on its
Applicants: Natural Gas Pipeline
AGENCY own initiative. Petitions must be based
Company of America.
Description: § 4(d) Rate Filing: [FRL–9976–11—Region 5] only on objections to the permit that
Amended Negotiated Rate Filing— were raised with reasonable specificity
Tenaska Marketing Ventures to be Clean Air Act Operating Permit during the public comment period
effective 4/1/2018. Program; Petitions for Objection to provided by the state, unless the
Filed Date: 3/28/18. State Operating Permit for Superior petitioner demonstrates that it was
Accession Number: 20180328–5001. Silica Sands and Wisconsin Proppants impracticable to raise these issues
Comments Due: 5 p.m. ET 4/9/18. LLC during the comment period or unless
the grounds for the issues arose after
Docket Numbers: RP18–591–000. AGENCY: Environmental Protection this period.
Applicants: Tennessee Gas Pipeline Agency (EPA). EPA received the Petitions from Ho-
Company, L.L.C. Chunk Nation and the Sierra Club John
ACTION: Notice of final order on
Description: § 4(d) Rate Filing: Muir Chapter dated October 25, 2016
petitions for objection to Clean Air Act
Volume No. 2—Neg Rate Agmt— and January 25, 2017, requesting that
title V operating permits.
Sequent Energy Mgmt SP100239— EPA object to the issuance of operating
Correct Exhibit A to be effective 4/1/ SUMMARY: The Environmental Protection permit no. 603110860–P01, issued by
2018. Agency (EPA) Administrator signed an the WDNR to Superior Silica Sands for
Filed Date: 3/28/18. Order dated February 26, 2018, denying its industrial sand mining and
Accession Number: 20180328–5003. Petitions dated October 25, 2016 and processing facility in Barron County,
Comments Due: 5 p.m. ET 4/9/18. January 25, 2017 from the Ho-Chunk Wisconsin, and operating permit no.
Docket Numbers: RP18–592–000. Nation and the Sierra Club John Muir 627026620–P01, issued by the WDNR to
Applicants: Rover Pipeline LLC. Chapter. The first Petition requested Wisconsin Proppants for it industrial
Description: § 4(d) Rate Filing: Non- that EPA object to a Clean Air Act sand mine and processing facility in
Conforming Agreement—3 in (CAA) title V operating permit issued by Jackson County, Wisconsin. The
compliance with CP15–93 Order to be the Wisconsin Department of Natural Petitions alleged that (1) the permits are
effective 5/1/2018. Resources (WDNR) to Superior Silica deficient because they do not include
Filed Date: 3/28/18. Sands for its industrial sand mining and emissions estimates for all sources of
Accession Number: 20180328–5028. processing facility in Barron County, particulate matter of less than 2.5
Comments Due: 5 p.m. ET 4/9/18. Wisconsin. The second Petition also microns (PM 2.5), (2) the permits are
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Docket Numbers: RP18–593–000. requested that EPA object to a CAA title deficient because PM 2.5 limits that
Applicants: Rover Pipeline LLC. V operating permit issued by the WDNR were based on previous modeling were
Description: § 4(d) Rate Filing: Non- to Wisconsin Proppants for its industrial removed and WDNR has not made a
Conforming Agreement List Update—3 sand mine and processing facility in defensible finding that the proposed
to be effective 5/1/2018. Jackson County, Wisconsin. permits will not cause or contribute to
Filed Date: 3/28/18. ADDRESSES: EPA requests that you an exceedance of any ambient air
Accession Number: 20180328–5029. contact the individual listed in the FOR quality standard, and (3) (raised in

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14272 Federal Register / Vol. 83, No. 64 / Tuesday, April 3, 2018 / Notices

Superior Silica Sands only) the permit requirements to assure that electronic should include the following
does not assure compliance with New documents are as legally dependable as information:
Source Performance Standard for PM their paper counterparts. Subpart D of (1) The name, address and telephone
limits because the permit does not CROMERR requires that state, tribal or number of the individual, organization
require the facility to operate the control local government agencies that receive, or other entity requesting a hearing;
device according to all of the design or wish to begin receiving, electronic (2) A brief statement of the requesting
parameters specified in the reports under their EPA-authorized person’s interest in EPA’s
manufacturer’s guarantees. programs must apply to EPA for a determination, a brief explanation as to
On February 26, 2018, the EPA revision or modification of those why EPA should hold a hearing, and
Administrator issued an Order denying programs and obtain EPA approval. any other information that the
the Petitions. The Order explains the Subpart D provides standards for such requesting person wants EPA to
basis for EPA’s decision. approvals based on consideration of the consider when determining whether to
Sections 307(b) and 505(b)(2) of the electronic document receiving systems grant the request;
CAA provide that a petitioner may that the state, tribe, or local government (3) The signature of the individual
request judicial review of those portions will use to implement the electronic making the request, or, if the request is
of an order that deny issues in a reporting. Additionally, § 3.1000(b) made on behalf of an organization or
petition. Any petition for review shall through (e) of 40 CFR part 3, subpart D other entity, the signature of a
be filed in the United States Court of provides special procedures for program responsible official of the organization
Appeals for the appropriate circuit no revisions and modifications to allow or other entity.
later than June 4, 2018. electronic reporting, to be used at the In the event a hearing is requested
Dated: March 20, 2018. option of the state, tribe or local and granted, EPA will provide notice of
Edward H. Chu,
government in place of procedures the hearing in the Federal Register not
available under existing program- less than 15 days prior to the scheduled
Acting Regional Administrator, Region 5.
specific authorization regulations. An hearing date. Frivolous or insubstantial
[FR Doc. 2018–06764 Filed 4–2–18; 8:45 am] application submitted under the subpart requests for hearing may be denied by
BILLING CODE 6560–50–P D procedures must show that the state, EPA. Following such a public hearing,
tribe or local government has sufficient EPA will review the record of the
legal authority to implement the hearing and issue an order either
ENVIRONMENTAL PROTECTION electronic reporting components of the
AGENCY affirming today’s determination or
programs covered by the application rescinding such determination. If no
[9970–81–OEI] and will use electronic document timely request for a hearing is received
receiving systems that meet the and granted, EPA’s approval of the State
Cross-Media Electronic Reporting: applicable subpart D requirements. of California’s request to revise its part
Authorized Program Revision On February 14, 2018, the California 142—National Primary Drinking Water
Approval, State of California State Water Resources Control Board Regulations Implementation program to
(CA SWRCB) submitted an application allow electronic reporting will become
AGENCY: Environmental Protection
titled ‘‘Compliance Monitoring Data effective 30 days after today’s notice is
Agency (EPA).
Portal’’ for revision to its EPA-approved published, pursuant to CROMERR
ACTION: Notice. drinking water program under title 40 section 3.1000(f)(4).
SUMMARY: This notice announces EPA’s CFR to allow new electronic reporting.
EPA reviewed CA SWRCB’s request to Matthew Leopard,
approval of the State of California’s
request to revise its National Primary revise its EPA-authorized program and, Director, Office of Information Management.
Drinking Water Regulations based on this review, EPA determined [FR Doc. 2018–06706 Filed 4–2–18; 8:45 am]
Implementation EPA-authorized that the application met the standards BILLING CODE 6560–50–P
program to allow electronic reporting. for approval of authorized program
revision set out in 40 CFR part 3,
DATES: EPA approves the authorized
subpart D. In accordance with 40 CFR FEDERAL RESERVE SYSTEM
program revision for the State of
3.1000(d), this notice of EPA’s decision
California’s National Primary Drinking
to approve California’s request to revise Formations of, Acquisitions by, and
Water Regulations Implementation
its Part 142—National Primary Drinking Mergers of Bank Holding Companies
program as of May 3, 2018, if no timely
Water Regulations Implementation
request for a public hearing is received The companies listed in this notice
program to allow electronic reporting
and accepted by the Agency. under 40 CFR part 141 is being have applied to the Board for approval,
FOR FURTHER INFORMATION CONTACT: published in the Federal Register. pursuant to the Bank Holding Company
Karen Seeh, U.S. Environmental CA SWRCB was notified of EPA’s Act of 1956 (12 U.S.C. 1841 et seq.)
Protection Agency, Office of determination to approve its application (BHC Act), Regulation Y (12 CFR part
Environmental Information, Mail Stop with respect to the authorized program 225), and all other applicable statutes
2823T, 1200 Pennsylvania Avenue NW, listed above. and regulations to become a bank
Washington, DC 20460, (202) 566–1175, Also, in today’s notice, EPA is holding company and/or to acquire the
seeh.karen@epa.gov. informing interested persons that they assets or the ownership of, control of, or
SUPPLEMENTARY INFORMATION: On may request a public hearing on EPA’s the power to vote shares of a bank or
October 13, 2005, the final Cross-Media action to approve the State of bank holding company and all of the
amozie on DSK30RV082PROD with NOTICES

Electronic Reporting Rule (CROMERR) California’s request to revise its banks and nonbanking companies
was published in the Federal Register authorized public water system program owned by the bank holding company,
(70 FR 59848) and codified as part 3 of under 40 CFR part 142, in accordance including the companies listed below.
title 40 of the CFR. CROMERR with 40 CFR 3.1000(f). Requests for a The applications listed below, as well
establishes electronic reporting as an hearing must be submitted to EPA as other related filings required by the
acceptable regulatory alternative to within 30 days of publication of today’s Board, are available for immediate
paper reporting and establishes Federal Register notice. Such requests inspection at the Federal Reserve Bank

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Document Created: 2018-04-03 00:50:23
Document Modified: 2018-04-03 00:50:23

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 for objection to Clean Air Act title V operating permits.
Contact		Genevieve Damico, EPA Region 5, (312) 353-4761, [email protected]
FR Citation		83 FR 14271