Notice2021-16647
Clean Air Act Operating Permit Program; Petition for Objection to State Operating Permit for the Owens-Brockway Glass Container Inc. Facility, Multnomah County, Oregon
Primary source
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Published
August 4, 2021
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) Administrator signed an Order, dated May 10, 2021, granting in part and denying in part a petition dated February 4, 2020, filed by EarthJustice, on behalf of Cully Air Action Team, Portland Clean Air, Oregon Environmental Council, and Verde. The Petition requested that the EPA object to a final operating permit No. 26-1876-TV-01 issued by the Oregon Department of Environmental Quality (ODEQ) to the Owens Brockway Glass Container Inc. facility located in Portland, Oregon.
Full Text
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<title>Federal Register, Volume 86 Issue 147 (Wednesday, August 4, 2021)</title>
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[Federal Register Volume 86, Number 147 (Wednesday, August 4, 2021)]
[Notices]
[Page 41968]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-16647]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-8749-01-R10]
Clean Air Act Operating Permit Program; Petition for Objection to
State Operating Permit for the Owens-Brockway Glass Container Inc.
Facility, Multnomah County, Oregon
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of final Order on Petition for objection to Clean Air
Act title V operating permit.
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SUMMARY: The Environmental Protection Agency (EPA) Administrator signed
an Order, dated May 10, 2021, granting in part and denying in part a
petition dated February 4, 2020, filed by EarthJustice, on behalf of
Cully Air Action Team, Portland Clean Air, Oregon Environmental
Council, and Verde. The Petition requested that the EPA object to a
final operating permit No. 26-1876-TV-01 issued by the Oregon
Department of Environmental Quality (ODEQ) to the Owens Brockway Glass
Container Inc. facility located in Portland, Oregon.
ADDRESSES: The Petition (without attachments) and final Order are
available electronically at: <a href="https://www.epa.gov/title-v-operating-permits/title-v-petition-database">https://www.epa.gov/title-v-operating-permits/title-v-petition-database</a>. Out of an abundance of caution for
members of the public and our staff, the EPA Region 10 office is closed
to the public to reduce the risk of transmitting COVID-19. Please
contact the individual listed in the FOR FURTHER INFORMATION CONTACT
section to view copies of the Petition, Order, and other supporting
information.
FOR FURTHER INFORMATION CONTACT: Doug Hardesty at (208) 378-5759, or
<a href="/cdn-cgi/l/email-protection#147c7566707167606d3a707b6173547164753a737b62"><span class="__cf_email__" data-cfemail="7810190a1c1d0b0c01561c170d1f381d0819561f170e">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, it is intended to refer to the EPA.
The CAA affords the EPA a 45-day period to review and object to a
title V operating permit proposed by a state permitting authority under
title V of the CAA if the EPA determines the permit does not comply
with the Act. 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 the EPA's 45-day review period
if the 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
issue arose after this period.
The EPA received the Petition from Earthjustice on behalf of Cully
Air Action Team, Portland Clean Air, Oregon Environmental Council, and
Verde, dated February 4, 2020, requesting that the EPA object to the
issuance of title V operating permit no. 26-1876-TV-01 for the Owens-
Brockway Glass Container Inc.'s Portland, Oregon facility.
The Petition claims that: (A) The final permit lacks conditions
sufficient to assure compliance with the applicable particulate matter
emission limit in the New Source Performance Standard for Glass
Manufacturing (40 CFR part 60, subpart CC); (B) the final permit lacks
sufficient monitoring, recordkeeping, and reporting to assure
compliance with the applicable particulate matter emission limit in
Oregon's Clean Air Act state implementation plan; (C) the final permit
lacks conditions sufficient to assure compliance with the requirement
to take ``reasonable precautions'' to control fugitive dust; (D) the
final permit fails to assure compliance with the applicable chromium
emission limit under 40 CFR part 63, subpart SSSSSS; (E) the final
permit fails to assure compliance with the facility's general duty to
prevent accidental releases under Clean Air Act section 112(r)(1); (F)
that the final permit fails to assure compliance with the Plant Site
Emissions Limits (PSELs) for lead (Pb) and sulfur dioxide
(SO<INF>2</INF>); and (G) the final permit unlawfully omits an
enforceable compliance schedule to bring Owens-Brockway into compliance
with applicable opacity and particulate matter limits.
On May 10, 2021, the EPA Administrator issued an Order granting
claims A, B, and G and denying the remaining claims in the Petition.
The Order explains the basis for the EPA's decision.
Sections 307(b) and 505(b)(2) of the CAA provide that the Order is
subject to judicial review for those portions of the Order that deny
issues raised in a petition. Any petition for review shall be filed in
the United States Court of Appeals for the appropriate circuit no later
than October 4, 2021.
Dated: July 27, 2021.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
[FR Doc. 2021-16647 Filed 8-3-21; 8:45 am]
BILLING CODE 6560-50-P
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