[Federal Register Volume 66, Number 124 (Wednesday, June 27, 2001)]
[Notices]
[Page 34182]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-16117]
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ENVIRONMENTAL PROTECTION AGENCY
[IN 200; FRL-7002-5]
Notice of Prevention of Significant Deterioration (PSD) Final
Determination for Steel Dynamics, Inc., Whitley County, IN
AGENCY: Environmental Protection Agency, (EPA).
ACTION: Notice of final action.
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SUMMARY: The purpose of this document is to announce that on April 23,
2001, the EPA Environmental Appeals Board (Board) denied a petition for
review of a permit for the proposed Steel Dynamics, Inc. steel mill in
Whitley County, Indiana, pursuant to the Prevention of Significant
Deterioration (PSD) regulations under 40 CFR 52.21.
DATES: The effective date for the Board's decision isApril 23, 2001.
FOR FURTHER INFORMATION CONTACT: Kushal Som, Air and Radiation
Division, U.S. Environmental Protection Agency, Region 5, at (312) 353-
5792.
SUPPLEMENTARY INFORMATION: On July 7, 1999, the Indiana Department of
Environmental Management (IDEM) issued a Federal prevention of
significant deterioration (PSD) permit, pursuant to Section 165 of the
Clean Air Act (CAA), 42 U.S.C. 7475, to Steel Dynamics, Inc. for
construction and operation of a new steel mill in Whitley County,
Indiana. The United Association of Plumbers and Steamfitters, Local
Union 166, and Citizens Organized Watch (COW) subsequently appealed
IDEM's decision to the Board. On June 22, 2000, the Board issued an
opinion and order (see In re Steel Dynamics, Inc., PSD Appeal Nos. 99-4
and 99-5, 9 E.A.D. ____ (EAB, June 22, 2000), denying review in part
and granting review of several issues. The Board remanded the permit to
IDEM for reconsideration of three issues: the best available control
technology (BACT) determination for nitrogen oxide emissions from the
proposed mill's reheat furnace; the form of the BACT limitations
selected for nitrogen oxide and carbon monoxide emissions from the
mill's electric arc furnace; and the analysis of the mill's potential
to emit lead.
On September 29, 2000, following reconsideration of the remanded
issues, IDEM issued a revised draft permit for public comment. On
January 10, 2001, following public comment and a public hearing, IDEM
issued a revised final permit. On February 14, 2001, COW filed a
petition for review of the revised permit. On April 23, 2001, the EAB
issued an order, denying COW's petition for review.
Pursuant to 40 CFR 124.19(f)(2), for purposes of judicial review,
final Agency action occurs when a final PSD permit is issued and Agency
review procedures are exhausted. This notice, published today in the
Federal Register, constitutes notice of the final Agency action denying
review of the PSD permit. If available, judicial review of these
determinations under Section 307(b)(1) of the CAA may be sought only by
filing of a petition for review in the United States Court of Appeals
for the appropriate circuit within 60 days from the date on which this
notice of final Agency action appears in the Federal Register. Under
section 307(b)(2) of the CAA, final Agency action with respect to which
review could be obtained as described above, shall not be subject to
later judicial review in civil or criminal proceedings for enforcement.
Dated: June 8, 2001.
David A. Ullrich,
Acting Regional Administrator, Region 5.
[FR Doc. 01-16117 Filed 6-26-01; 8:45 am]
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