[Federal Register Volume 83, Number 64 (Tuesday, April 3, 2018)]
[Notices]
[Pages 14271-14272]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06764]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9976-11--Region 5]


Clean Air Act Operating Permit Program; Petitions for Objection 
to State Operating Permit for Superior Silica Sands and Wisconsin 
Proppants LLC

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final order on petitions for objection to Clean Air 
Act title V operating permits.

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SUMMARY: The Environmental Protection Agency (EPA) Administrator signed 
an Order dated February 26, 2018, denying Petitions dated October 25, 
2016 and January 25, 2017 from the Ho-Chunk Nation and the Sierra Club 
John Muir Chapter. The first Petition requested that EPA object to a 
Clean Air Act (CAA) title V operating permit issued by the Wisconsin 
Department of Natural Resources (WDNR) to Superior Silica Sands for its 
industrial sand mining and processing facility in Barron County, 
Wisconsin. The second Petition also requested that EPA object to a CAA 
title V operating permit issued by the WDNR to Wisconsin Proppants for 
its industrial sand mine and processing facility in Jackson County, 
Wisconsin.

ADDRESSES: EPA requests that you contact the individual listed in the 
FOR FURTHER INFORMATION CONTACT section to view copies of the final 
Order, the Petition, and other supporting information. You may review 
copies of the final Order, the Petition, and other supporting 
information at the EPA Region 5 Office, 77 W. Jackson Blvd., Chicago 
Illinois, 60604. You may view the hard copies Monday through Friday, 
from 9 a.m. to 4 p.m., excluding Federal holidays. If you wish to 
examine these documents, you should make an appointment at least 24 
hours before the visiting day. Additionally, the final Order and 
Petition are available electronically at: https://www.epa.gov/title-v-operating-permits/title-v-petition-database.

FOR FURTHER INFORMATION CONTACT: Genevieve Damico, EPA Region 5, (312) 
353-4761, [email protected].

SUPPLEMENTARY INFORMATION: 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 Petitions from Ho-Chunk Nation and the Sierra Club 
John Muir Chapter dated October 25, 2016 and January 25, 2017, 
requesting that EPA object to the issuance of operating permit no. 
603110860-P01, issued by the WDNR to Superior Silica Sands for its 
industrial sand mining and processing facility in Barron County, 
Wisconsin, and operating permit no. 627026620-P01, issued by the WDNR 
to Wisconsin Proppants for it industrial sand mine and processing 
facility in Jackson County, Wisconsin. The Petitions alleged that (1) 
the permits are deficient because they do not include emissions 
estimates for all sources of particulate matter of less than 2.5 
microns (PM 2.5), (2) the permits are deficient because PM 2.5 limits 
that were based on previous modeling were removed and WDNR has not made 
a defensible finding that the proposed permits will not cause or 
contribute to an exceedance of any ambient air quality standard, and 
(3) (raised in

[[Page 14272]]

Superior Silica Sands only) the permit does not assure compliance with 
New Source Performance Standard for PM limits because the permit does 
not require the facility to operate the control device according to all 
of the design parameters specified in the manufacturer's guarantees.
    On February 26, 2018, the EPA Administrator issued an Order denying 
the Petitions. 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 shall be filed in the 
United States Court of Appeals for the appropriate circuit no later 
than June 4, 2018.

    Dated: March 20, 2018.
Edward H. Chu,
Acting Regional Administrator, Region 5.
[FR Doc. 2018-06764 Filed 4-2-18; 8:45 am]
 BILLING CODE 6560-50-P