FAQs About ABC Coke’s Permit: What You Need to Know

by Mar 12, 2019

Last fall, the Jefferson County Department of Health posted ABC Coke’s Title V pollution permit renewal application. (Title V is just a provision of the Clean Air Act.) We asked for (and received) an extension on the public comment period to allow us and residents of Jefferson County to submit questions and to JCDH. We also requested a public hearing. That request was granted and two hearings were held on November 15. Dozens of community members filled the conference room at JCDH at both hearings and made compelling arguments about the need for a strong permit to protect public health. 

We filed extensive written comments on the permit which pointed out several deficiencies with the permit renewal and permit application. We posted those comments here and highlighted some of the opportunities for improvement.

If you were one of the people who made oral comments at the hearings or submitted written comments by mail or email, you may have recently received a letter from JCDH. Folks have been asking us what this letter means and what’s next, so we thought we would put together a FAQ guide for you. An amazingly helpful resource is this booklet, Proof is in the Permit.

Index

Why did I get this letter?

What is a “proposed permit?”

What is EPA’s 45 day review period?

Is this letter about another public comment period?

What does it mean for EPA to “object” to a permit?

Is it only EPA who can object to a permit?

Is Gasp going to object to ABC Coke’s permit?

I asked JCDH to deny ABC Coke’s permit. Why didn’t they?

What can I do now? How can I be involved?

Frequently Asked Questions

Q: Why did I get this letter?

A: You either 1) attended the hearing, 2) also made comments at the hearing, and/or 3) submitted written comments to JCDH about ABC Coke’s Draft Permit. JCDH wrote this letter to inform you that the Draft Permit was proposed (more on what this means later) to EPA on March 1, 2019. They also used this letter to direct people to JCDH’s website where their responses to written comments are posted.

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Q: What is a “proposed permit?”

A: After the public comment period and reviewing the comments on the Draft Permit, JCDH submits the draft permit to the regional U.S. EPA office, Region 4, for a 45 day review period. At the time JCDH submitted the draft permit to EPA, it becomes a “proposed permit.”

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Q: What is EPA’s 45 day review period?

A: In this situation, EPA’s “clock” to review started ticking on March 1, 2019 (which means the 45 day review period ends on April 18, 2019, which begins another clock. More on that later). This means that during these 45 days, EPA will review the permit and may object (more on that later). While every permit must be submitted to U.S. EPA for the 45-day review period, U.S. EPA is not required to review every proposed permit. Each regional U.S. EPA office has its own policy on selecting permits to review, but U.S. EPA suggested a target of reviewing at least ten percent of all permits proposed for facilities in each of U.S. EPA’s ten regions. The EPA is most likely to review proposed permits for very large or controversial facilities.

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Q: Is this letter about another public comment period?

A: No. There are no more opportunities for public comment with EPA during their 45 day review period. If you provided comments during the public comment period, you could petition the EPA to object to ABC Coke’s permit (more on that later).

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Q: What does it mean for EPA to “object” to a permit?

A: EPA must object to the proposed permit if EPA determines that the proposed permit does not comply with federal laws or regulations. In addition, the EPA can choose to object to a proposed permit if the Permitting Authority does not provide U.S. EPA with sufficient supporting information to allow for meaningful U.S. EPA review or if the permitting authority fails to follow the right procedures for public participation. If EPA chooses to object, they must give JCDH a written explanation for the objection and give JCDH 90 days to submit a revised version of the proposed permit to EPA. If JCDH misses this deadline, EPA can either deny the permit or develop a permit for ABC Coke themselves.

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Q: Is it only EPA who can object to a permit?

A: No. If you commented on the draft permit during the public comment period and are not satisfied with the proposed permit JCDH sent to EPA, you can ask EPA to object to the permit. You make this request through a petition to EPA. This is the clock that starts ticking after EPA’s 45 day review period ends. You have 60 days from the end of the 45 day review period to petition the EPA to object to the permit. In this case, you have until June 14, 2019 to petition the EPA to object to ABC Coke’s permit.

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Q: Is Gasp going to object to ABC Coke’s permit?

A: Gasp is still reviewing JCDH’s responses to our and SELC’s comments (which we incorporated by referenced into our comments) and the proposed permit renewal for ABC Coke. We will use EPA’s 45 day period, and the 60 days thereafter, to determine if there are issues that warrant a petition to object.

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Q: I asked JCDH to deny ABC Coke’s permit. Why didn’t they?

A: The best we can do is point you to JCDH’s answers to those written comments themselves (specifically, you can see these responses on pages 4, 7, 11-14, 17-20, 23, 24, 26, 28, 30, 37 and 51).

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Q: What can I do now? How can I be involved?

A: If you are concerned about the pollution from ABC Coke and are not already a member of Gasp, join now. If you want to stay informed of when EPA’s review period ends and when Petitions to Object are due and/or if you’re thinking about drafting a petition yourself, feel free to email or call me ([email protected], 205-701-4272).

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