[Federal Register Volume 88, Number 77 (Friday, April 21, 2023)]
[Notices]
[Pages 24612-24613]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08482]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-10893-01-R5]


Clean Air Act Operating Permit Program; Petition for Objection to 
State Operating Permit for Waelz Sustainable Products, LLC, Cass 
County, Indiana

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 March 14, 2023, denying an August 6, 2021, Petition from 
Cass County Citizens Coalition (the Petitioner). The Petition requested 
that EPA object to a Clean Air Act (CAA) title V operating permit 
issued by the Indiana Department of Environmental Management (IDEM), to 
Waelz Sustainable Products, LLC (WSP), located in Cass County, Indiana.

ADDRESSES: The final Order, the Petition, and other supporting 
information are available for public inspection during normal business 
hours at the following address: 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 contact the individual listed in 
the FOR FURTHER INFORMATION CONTACT section 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: Paymon Danesh, Air Permits Section, 
Air Programs Branch (AR-18J), Environmental Protection Agency, Region 
5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6219, 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.
    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 August 6, 2021, Petition from the Petitioner 
requesting that EPA object to the issuance of operating permit no. 017-
42728-00056 issued by IDEM to WSP. The Petition alleged that: (1) the 
permit is unlawful because WSP is a secondary metal production plant 
subject to the

[[Page 24613]]

Prevention of Significant Deterioration Program; (2) the permit is 
unlawful for not including a specific timeframe for restoring normal 
operation of bag leak detection systems after a malfunction or repair; 
(3) the permit is unlawful because it relies on deficient and erroneous 
calculations; (4) the permit is unlawful because it fails to assure 
continuous compliance with emission limitations; and (5) the permit is 
unlawful because its issuance violated public participation 
requirements.
    On March 14, 2023, 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 
March 14, 2023, Order shall be filed in the United States Court of 
Appeals for the appropriate circuit no later than June 20, 2023.
    Authority: 42 U.S.C. 7401 et seq.

    Dated: April 17, 2023.
Debra Shore,
Regional Administrator, Region 5.
[FR Doc. 2023-08482 Filed 4-20-23; 8:45 am]
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