Notice2023-08482
Clean Air Act Operating Permit Program; Petition for Objection to State Operating Permit for Waelz Sustainable Products, LLC, Cass County, Indiana
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 21, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) Administrator signed an Order dated March 14, 2023, denying an August 6, 2021, Petition from Cass County Citizens Coalition (the Petitioner). The Petition requested that EPA object to a Clean Air Act (CAA) title V operating permit issued by the Indiana Department of Environmental Management (IDEM), to Waelz Sustainable Products, LLC (WSP), located in Cass County, Indiana.
Full Text
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<title>Federal Register, Volume 88 Issue 77 (Friday, April 21, 2023)</title>
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[Federal Register Volume 88, Number 77 (Friday, April 21, 2023)]
[Notices]
[Pages 24612-24613]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-08482]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-10893-01-R5]
Clean Air Act Operating Permit Program; Petition for Objection to
State Operating Permit for Waelz Sustainable Products, LLC, Cass
County, Indiana
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of final Order on petition for objection to a Clean Air
Act Title V operating permit.
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SUMMARY: The Environmental Protection Agency (EPA) Administrator signed
an Order dated March 14, 2023, denying an August 6, 2021, Petition from
Cass County Citizens Coalition (the Petitioner). The Petition requested
that EPA object to a Clean Air Act (CAA) title V operating permit
issued by the Indiana Department of Environmental Management (IDEM), to
Waelz Sustainable Products, LLC (WSP), located in Cass County, Indiana.
ADDRESSES: The final Order, the Petition, and other supporting
information are available for public inspection during normal business
hours at the following address: Environmental Protection Agency, Region
5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding Federal holidays and facility closures
due to COVID-19. We recommend that you contact the individual listed in
the FOR FURTHER INFORMATION CONTACT section before visiting the Region
5 office. Additionally, the final Order and Petition 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>.
FOR FURTHER INFORMATION CONTACT: Paymon Danesh, Air Permits Section,
Air Programs Branch (AR-18J), Environmental Protection Agency, Region
5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6219,
<a href="/cdn-cgi/l/email-protection#0d696c63687e65237d6c746062634d687d6c236a627b"><span class="__cf_email__" data-cfemail="6e0a0f000b1d06401e0f170301002e0b1e0f40090118">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
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 August 6, 2021, Petition from the Petitioner
requesting that EPA object to the issuance of operating permit no. 017-
42728-00056 issued by IDEM to WSP. The Petition alleged that: (1) the
permit is unlawful because WSP is a secondary metal production plant
subject to the
[[Page 24613]]
Prevention of Significant Deterioration Program; (2) the permit is
unlawful for not including a specific timeframe for restoring normal
operation of bag leak detection systems after a malfunction or repair;
(3) the permit is unlawful because it relies on deficient and erroneous
calculations; (4) the permit is unlawful because it fails to assure
continuous compliance with emission limitations; and (5) the permit is
unlawful because its issuance violated public participation
requirements.
On March 14, 2023, 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
March 14, 2023, Order shall be filed in the United States Court of
Appeals for the appropriate circuit no later than June 20, 2023.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 17, 2023.
Debra Shore,
Regional Administrator, Region 5.
[FR Doc. 2023-08482 Filed 4-20-23; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on April 21, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.