[Federal Register Volume 76, Number 231 (Thursday, December 1, 2011)]
[Proposed Rules]
[Page 74755]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-30843]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 70

[Regional Docket Nos. V-2010-1, FRL-9498-6]


Clean Air Act Operating Permit Program; Petition for Objection to 
State Operating Permit for Carmeuse Stone and Lime

AGENCY: Environmental Protection Agency (EPA).

ACTION: Denial of petition.

-----------------------------------------------------------------------

SUMMARY: This document announces that the EPA Administrator has denied 
a petition from the Sierra Club asking EPA to object to a Title V 
operating permit for Carmeuse Stone and Lime (Carmeuse) issued by the 
Wisconsin Department of Natural Resources (WDNR).
    Sections 307(b) and 505(b)(2) of the Act provide that a petitioner 
may ask for judicial review of those portions of the petition which 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 visiting day. Additionally, the final Order for the Carmeuse 
petition is available electronically at: http://www.epa.gov/region7/air/title5/petitiondb/petitiondb.htm.

FOR FURTHER INFORMATION CONTACT: Genevieve Damico, Chief, Air Permits 
Section, Air Programs Branch, Air and Radiation Division, EPA, Region 
5, 77 West Jackson Boulevard, 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.
    On December 15, 2009, EPA received a petition from the Sierra Club 
requesting that EPA object to the Title V operating permit for 
Carmeuse. The Petitioner alleged that the permit is not in compliance 
with the requirements of the Act. Specifically, the Petitioner alleged 
that: (1) A Prevention of Significant Deterioration permit issued by 
EPA in 1979 did not allow Carmeuse to burn petroleum coke as a fuel and 
the permit never was modified to allow for it; (2) WDNR was not 
authorized to revise EPA's 1979 permit; and (3) a construction permit 
issued by WDNR in 1995 was flawed because WDNR did not use the correct 
permit process, and did not do the netting analysis or the modeling and 
increment analyses correctly.
    On November 4, 2011, the Administrator issued an Order denying the 
Sierra Club's petition. The Order explains the reasons behind EPA's 
conclusion.

    Dated: November 16, 2011.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2011-30843 Filed 11-30-11; 8:45 am]
BILLING CODE 6560-50-P