[Federal Register Volume 86, Number 147 (Wednesday, August 4, 2021)]
[Notices]
[Page 41968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16647]


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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-8749-01-R10]


Clean Air Act Operating Permit Program; Petition for Objection to 
State Operating Permit for the Owens-Brockway Glass Container Inc. 
Facility, Multnomah County, Oregon

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final Order on Petition for objection to Clean Air 
Act title V operating permit.

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

SUMMARY: The Environmental Protection Agency (EPA) Administrator signed 
an Order, dated May 10, 2021, granting in part and denying in part a 
petition dated February 4, 2020, filed by EarthJustice, on behalf of 
Cully Air Action Team, Portland Clean Air, Oregon Environmental 
Council, and Verde. The Petition requested that the EPA object to a 
final operating permit No. 26-1876-TV-01 issued by the Oregon 
Department of Environmental Quality (ODEQ) to the Owens Brockway Glass 
Container Inc. facility located in Portland, Oregon.

ADDRESSES: The Petition (without attachments) and final Order are 
available electronically at: https://www.epa.gov/title-v-operating-permits/title-v-petition-database. Out of an abundance of caution for 
members of the public and our staff, the EPA Region 10 office is closed 
to the public to reduce the risk of transmitting COVID-19. Please 
contact the individual listed in the FOR FURTHER INFORMATION CONTACT 
section to view copies of the Petition, Order, and other supporting 
information.

FOR FURTHER INFORMATION CONTACT: Doug Hardesty at (208) 378-5759, or 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' 
``us,'' or ``our'' is used, it is intended to refer to the EPA.
    The CAA affords the EPA a 45-day period to review and object to a 
title V operating permit proposed by a state permitting authority under 
title V of the CAA if the EPA determines the permit does not comply 
with the Act. 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 the EPA's 45-day review period 
if the 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 
issue arose after this period.
    The EPA received the Petition from Earthjustice on behalf of Cully 
Air Action Team, Portland Clean Air, Oregon Environmental Council, and 
Verde, dated February 4, 2020, requesting that the EPA object to the 
issuance of title V operating permit no. 26-1876-TV-01 for the Owens-
Brockway Glass Container Inc.'s Portland, Oregon facility.
    The Petition claims that: (A) The final permit lacks conditions 
sufficient to assure compliance with the applicable particulate matter 
emission limit in the New Source Performance Standard for Glass 
Manufacturing (40 CFR part 60, subpart CC); (B) the final permit lacks 
sufficient monitoring, recordkeeping, and reporting to assure 
compliance with the applicable particulate matter emission limit in 
Oregon's Clean Air Act state implementation plan; (C) the final permit 
lacks conditions sufficient to assure compliance with the requirement 
to take ``reasonable precautions'' to control fugitive dust; (D) the 
final permit fails to assure compliance with the applicable chromium 
emission limit under 40 CFR part 63, subpart SSSSSS; (E) the final 
permit fails to assure compliance with the facility's general duty to 
prevent accidental releases under Clean Air Act section 112(r)(1); (F) 
that the final permit fails to assure compliance with the Plant Site 
Emissions Limits (PSELs) for lead (Pb) and sulfur dioxide 
(SO2); and (G) the final permit unlawfully omits an 
enforceable compliance schedule to bring Owens-Brockway into compliance 
with applicable opacity and particulate matter limits.
    On May 10, 2021, the EPA Administrator issued an Order granting 
claims A, B, and G and denying the remaining claims in the Petition. 
The Order explains the basis for the EPA's decision.
    Sections 307(b) and 505(b)(2) of the CAA provide that the Order is 
subject to judicial review for those portions of the Order that deny 
issues raised in a petition. Any petition for review shall be filed in 
the United States Court of Appeals for the appropriate circuit no later 
than October 4, 2021.

    Dated: July 27, 2021.
Michelle L. Pirzadeh,
Acting Regional Administrator, Region 10.
[FR Doc. 2021-16647 Filed 8-3-21; 8:45 am]
BILLING CODE 6560-50-P