Publications by Wingra Engineering Staff

 

"Challenging a Title V Operation Permit with the Part 70(8) Petition Process: An Aluminum Foundry Case Study"

Steven Klafka, P.E.
Wingra Engineering, S.C.

ABSTRACT

The public can participate in the issuance of a Title V air quality operation permit by submitting comments to the reviewing agency during the comment period and hearing.  If comments are not adequately addressed by the reviewing agency, federal operation permit regulations under 40 CFR Part 70(8) provide an opportunity to challenge a Title V operation permit by submission of a petition to the Administrator of USEPA.  This case study presents the background, content, and outcome of a Title V petition.  This petition was filed by neighborhood residents after the Wisconsin Department of Natural Resources issued a Title V operation permit to the Madison-Kipp Corporation in Madison, Wisconsin.  This company is a zinc and aluminum die caster and foundry, located in the Schenk-Atwood neighborhood on the near east side of Madison.  The factory is surrounded by homes, some located only a few feet from foundry buildings.  While an industry has operated at the site for more than 100 years, the last ten years have seen a significant increase in production, air pollution discharges, and in the storage and release of hazardous air pollutants. During this expansion phase, complaints to the WDNR concerning MKC discharges increased.  Extensive comments on the draft Title V operation permit were submitted both during the comment period and at a well-attended public hearing.  After issuance of the Title V operation permit, neighborhood residents filed a Title V petition with the USEPA Administrator.  The Title V petition asserted that the permit allows the foundry to discharge large quantities of uncontrolled emissions into a densely populated low income area; inaccurately estimates the foundry's impacts on residences and schools; and also, that it fails to require compliance with key air pollution control requirements.  The petition requested USEPA review the permit and its supporting documents.