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 September 27, 2016 Petition from the Petitioners requesting that EPA object to the issuance of operating permit no. MI-ROP-A8640.2016a issued by Michigan EGLE to AK Steel. The Petition alleged: (1) The incorporation of a construction permit into the operating permit was unlawful because the it allowed emissions increases without applying current standards, that is, EGLE evaluated the Sulphur Dioxide regulations as they existed in 2007 rather than applying the regulations in effect at the time the construction permit was issued in 2014; (2) that any future operation or rebuild of the B Blast Furnace (which is not operational due to catastrophic failure) should require a new construction permit and that the title V permit cannot authorize the operation of this Blast Furnace; and, (3) that EGLE was required to address environmental justice concerns in the permit.

On January 15, 2021, the EPA Administrator issued an Order denying the Petition. 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 of the Administrator's January 15, 2021 Order shall be filed in the United States Court ( printed page 21317) of Appeals for the appropriate circuit no later than June 21, 2021.

Authority: 42 U.S.C. 7401 et seq.

86 FR 21316