[Federal Register Volume 86, Number 76 (Thursday, April 22, 2021)]
[Notices]
[Pages 21316-21317]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08372]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-10022-40-Region 5]


Clean Air Act Operating Permit Program; Petition for Objection to 
State Operating Permit for AK Steel Dearborn Works, Wayne County, 
Michigan

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 January 15, 2021, denying a Petition dated September 27, 
2017 from the Sierra Club, the South Dearborn Environmental Improvement 
Association, and the Great Lakes Environmental Law Center (the 
Petitioners). The Petition requested that EPA object to a Clean Air Act 
(CAA) title V operating permit issued by the Michigan Department of 
Environment, Great Lakes and Energy (EGLE), to AK Steel Dearborn Works 
(AK Steel), located in Wayne County, Michigan.

ADDRESSES: The final order, the Petition, and other supporting 
information are available for public inspection during normal business 
hours at the following address: U.S. 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 telephone Susan Kraj, 
Environmental Engineer, at (312) 353-2654 before visiting the Region 5 
office. 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: Susan Kraj, Environmental Engineer, 
Air Permits Section, Air Programs Branch (AR-18J), Environmental 
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, 
Illinois 60604, (312) 353-2654, [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 September 27, 2016 Petition from the Petitioners 
requesting that EPA object to the issuance of operating permit no. MI-
ROP-A8640.2016a issued by Michigan EGLE to AK Steel. The Petition 
alleged: (1) The incorporation of a construction permit into the 
operating permit was unlawful because the it allowed emissions 
increases without applying current standards, that is, EGLE evaluated 
the Sulphur Dioxide regulations as they existed in 2007 rather than 
applying the regulations in effect at the time the construction permit 
was issued in 2014; (2) that any future operation or rebuild of the B 
Blast Furnace (which is not operational due to catastrophic failure) 
should require a new construction permit and that the title V permit 
cannot authorize the operation of this Blast Furnace; and, (3) that 
EGLE was required to address environmental justice concerns in the 
permit.
    On January 15, 2021, 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 
January 15, 2021 Order shall be filed in the United States Court

[[Page 21317]]

of Appeals for the appropriate circuit no later than June 21, 2021.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: April 8, 2021.
Cheryl Newton,
Acting Regional Administrator, Region 5.
[FR Doc. 2021-08372 Filed 4-21-21; 8:45 am]
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