
[Federal Register Volume 82, Number 134 (Friday, July 14, 2017)]
[Notices]
[Page 32542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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


