[Federal Register Volume 81, Number 149 (Wednesday, August 3, 2016)]
[Notices]
[Page 51198]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18394]


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ENVIRONMENTAL PROTECTION AGENCY

[Petitions IV-2014-5 and -6; FRL-9950-17-Region 4]


Clean Air Act Operating Permit Program; Petitions for Objection 
to State Operating Permits for ABC Coke and Walter Coke (Jefferson 
County, Alabama)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final order on petitions to object to state operating 
permits.

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SUMMARY: The Environmental Protection Agency (EPA) Administrator signed 
an Order, dated July 15, 2016, denying petitions to object to Clean Air 
Act (CAA) title V operating permits issued by the Jefferson County 
Department of Health (JCDH) to ABC Coke for its facility located in 
Tarrant and Walter Coke for its facility located in North Birmingham, 
both in Jefferson County, Alabama. This Order constitutes a final 
action on the petitions submitted by Gasp (Petitioner) and received by 
EPA on October 3, 2014, and December 2, 2014, respectively.

ADDRESSES: Copies of the Order, the petitions, and all pertinent 
information relating thereto are on file at the following location: EPA 
Region 4; Air, Pesticides and Toxics Management Division; 61 Forsyth 
Street SW., Atlanta, Georgia 30303-8960. The Order is also available 
electronically at the following address: https://www.epa.gov/sites/production/files/2016-07/documents/gasp_response2014.pdf.

FOR FURTHER INFORMATION CONTACT: Art Hofmeister, Air Permits Section, 
EPA Region 4, at (404) 562-9115 or [email protected].

SUPPLEMENTARY INFORMATION: The CAA affords EPA a 45-day period to 
review and, as appropriate, the authority to object to operating 
permits proposed by state permitting authorities under title V of the 
CAA, 42 U.S.C. 7661-7661f. Section 505(b)(2) of the CAA and 40 CFR 
70.8(d) authorize 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 the grounds for the issues arose after this period. 
Pursuant to sections 307(b) and 505(b)(2) of the CAA, a petition for 
judicial review of those parts of the Order that deny issues in the 
petition may be filed in the United States Court of Appeals for the 
appropriate circuit within 60 days from the date this notice is 
published in the Federal Register.
    Petitioners submitted petitions regarding the aforementioned ABC 
Coke and Walter Coke facilities, requesting that EPA object to the CAA 
title V operating permits (#4-07-0001-03 and 4-07-0355-03, 
respectively). Petitioner alleged that the permits were not consistent 
with the CAA because: (1) They lack the conditions necessary to assure 
compliance with the general prohibition against ``air pollution''; (2) 
they contain conditions governing fugitive dust that are too vague or 
too restrictive; and (3) JCDH failed to provide Petitioner with 
sufficient emissions information to participate meaningfully in the 
permitting process with respect to Walter Coke.
    On July 15, 2016, the Administrator issued an Order denying the 
petitions. The Order explains EPA's rationale for denying the 
petitions.

    Dated: July 26, 2016.
Heather McTeer Toney,
Regional Administrator, Region 4.
[FR Doc. 2016-18394 Filed 8-2-16; 8:45 am]
 BILLING CODE 6560-50-P