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Clean Air Act Operating Permit Program; Petition for Objection to State Operating Permit for WE Energies Oak Creek Station

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

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[Federal Register: July 6, 2009 (Volume 74, Number 127)]
[Notices]
[Page 31941-31942]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06jy09-48]

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ENVIRONMENTAL PROTECTION AGENCY
[Regional Docket Nos. V-2007-1, FRL-8926-6]

Clean Air Act Operating Permit Program; Petition for Objection to
State Operating Permit for WE Energies Oak Creek Station

AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of final order on petition to object to Clean Air Act
(Act) operating permit.

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SUMMARY: This document announces that the EPA Administrator has
responded to a petition asking EPA to object to an operating permit
issued by the Wisconsin Department of Natural Resources (WDNR).
Specifically, the Administrator granted in part and denied in part the
petition submitted by the Sierra Club to object to the operating permit
for WE Energies Oak Creek Station (Oak Creek).
    Pursuant to section 505(b)(2) of the Act, a Petitioner may seek in
the United States Court of Appeals for the appropriate circuit judicial
review of those portions of a petition which EPA denied. Any petition
for review shall be filed within 60 days from the date this notice
appears in the Federal Register, pursuant to section 307 of the Act.

ADDRESSES: You may review copies of the final order, the petition, and
other supporting information at the EPA Region 5 Office, 77 West
Jackson Boulevard, Chicago, Illinois 60604. If you wish to examine
these documents, you should make an appointment at least 24 hours
before visiting day. Additionally, the final order for the Oak Creek
petition is available electronically at:

[[Page 31942]]

http://www.epa.gov/region07/programs/artd/air/title5/petitiondb/petitiondb.htm.

FOR FURTHER INFORMATION CONTACT: Pamela Blakley, Chief, Air Permits
Section, Air Programs Branch, Air and Radiation Division, EPA, Region
5, 77 West Jackson Boulevard, Chicago, Illinois 60604, telephone (312)
886-4447.

SUPPLEMENTARY INFORMATION: The Act affords EPA a 45-day period to
review, and object, as appropriate, to operating permits proposed by
state permitting authorities. Section 505(b)(2) of the Act authorizes
any person to petition the EPA Administrator within 60 days after the
expiration of the EPA review period to object to a state operating
permit if EPA has not done so. A petition 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 issues
during the comment period, or the grounds for the issues arose after
this period.
    On August 23, 2007, EPA received a petition from the Sierra Club
requesting that EPA object to the Title V operating permit for Oak
Creek. The Petitioner alleges that the permit is not in compliance with
the requirements of the Act. Specifically, the Petitioner alleges that:
(1) The permit must include a compliance schedule; (2) the permit
application contains a false certification of compliance; (3) the
permit application does not contain sufficient information to determine
the applicability of the Prevention of Significant Deterioration
program; (4) physical changes to the boilers at units 5 and 6 are
subject to lower particulate matter (PM) emissions limits than are
contained in the permit; (5) the permit must establish compliance
demonstration requirements that ensure continuous compliance with
emissions limits; (6) the facility's Compliance Assurance Monitoring
(CAM) plan is deficient; (7) the facility's CAM plan ignores
condensable PM; (8) the permit illegally exempts Oak Creek from
applicable limits during start-up, shutdown, and malfunction; (9) plans
referenced in the permit must be included in the permit and made
available for public comment; and (10) the permit must require that the
source submit all monitoring data and recordkeeping to the WDNR. On
June 12, 2009, the Administrator issued an order granting the Oak Creek
petition in part, and denying it in part. The order explains the
reasons behind EPA's conclusion.

    Dated: June 24, 2009.
Walter W. Kovalick Jr.,
Acting Regional Administrator, Region 5.
[FR Doc. E9-15806 Filed 7-2-09; 8:45 am]
BILLING CODE 6560-50-P

 
 

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