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 µg/m³ , (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.

81 FR 52850