[Federal Register Volume 72, Number 232 (Tuesday, December 4, 2007)]
[Notices]
[Page 68161]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-23479]


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ENVIRONMENTAL PROTECTION AGENCY

 [Regional Docket Nos. V-2006-3, FRL-8501-5]


Clean Air Act Operating Permit Program; Petition for Objection to 
State Operating Permit for Louisiana Pacific Corporation, Tomahawk, WI

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final order on petition to object to Clean Air Act 
operating permit.

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SUMMARY: This document announces that the EPA Administrator has 
responded to a petition asking EPA to object to a Clean Air Act (Act) 
operating permit issued by the Wisconsin Department of Natural 
Resources. Specifically, the Administrator granted in part and denied 
in part the petition submitted by David Bender of Garvey McNeil & 
McGillivray, S.C., on behalf of the Sierra Club, to object to the 
operating permit for Louisiana Pacific Corporation's Tomahawk, 
Wisconsin, facility.
    Pursuant to section 505(b)(2) of the Act, a petitioner may seek in 
the United States Court of Appeals for the appropriate circuit judicial 
review of those portions of the petition which EPA denied. 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 a copy 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 visiting day. Additionally, the final order for the Louisiana 
Pacific petition is available electronically at: http://yosemite.epa.gov/r5/ardcorre.nsf/permits.

FOR FURTHER INFORMATION CONTACT: Pamela Blakley, Chief, Air Permits 
Section, Air Programs Branch, Air and Radiation Division, EPA, Region 
5, 77 West Jackson Boulevard, Chicago, Illinois 60604, telephone (312) 
886-4447.

SUPPLEMENTARY INFORMATION: The Act affords EPA a 45-day period to 
review, and object to as appropriate, 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 state operating 
permits 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 May 15, 2006, the EPA received a petition from David Bender of 
Garvey McNeil & McGillivray, S.C., on behalf of the Sierra Club, that 
EPA object to the Title V operating permit for the Louisiana Pacific 
Tomahawk facility. The petition raised issues regarding: (1) The 
sufficiency of monitoring for visible and particulate matter emissions; 
(2) the alleged failure to include federally enforceable applicable 
State Implementation Plan limits; (3) language that allegedly violates 
the credible evidence rule; and (4) conditions that allegedly are not 
practically enforceable.
    On November 5, 2007, the Administrator issued an order granting in 
part and denying in part the petition. The order explains the reasons 
behind EPA's conclusion.

    Dated: November 20, 2007.
Bharat Mathur,
Acting Regional Administrator, Region 5.
[FR Doc. E7-23479 Filed 12-3-07; 8:45 am]
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