[Federal Register Volume 68, Number 161 (Wednesday, August 20, 2003)]
[Notices]
[Pages 50134-50135]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-21350]


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ENVIRONMENTAL PROTECTION AGENCY

[AZ099-NOA; FRL-7546-7]


Clean Air Act Operating Permit Program; Petition for Objection to 
State Operating Permit for Harquahala Generating Station

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final order denying petition to object to state 
operating permit.

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SUMMARY: Pursuant to Clean Air Act section 505(b)(2), the EPA 
Administrator is hereby denying a petition to object to a state 
operating permit issued by the Maricopa County Environmental Services 
Division to the Harquahala Generating Station. This order constitutes 
final action on the petition submitted by Don't Waste Arizona (DWA). 
Pursuant to section 505(b)(2) of the Clean Air Act (Act), petitioner 
may seek judicial review in the United States Court of Appeals for the 
appropriate circuit within 60 days of this decision under section 307 
of the Act.

ADDRESSES: Copies of the final order, the petition and all pertinent 
information relating thereto are on file at the following location: 
Environmental Protection Agency, Region IX, Air Division, 75 Hawthorne 
Street, San Francisco, CA 94105. The final order is also available 
electronically at the following address: http://www.epa.gov/region07/programs/artd/air/title5/petitiondb/petitions/harquahala_decision2001.pdf.

FOR FURTHER INFORMATION CONTACT: Emmanuelle Rapicavoli, Air Permits 
Office, EPA Region IX, telephone (415) 972-3969, e-mail 
[email protected]. Interested parties may also contact the 
Maricopa Environmental Services Division, Air Quality Division, 1001 
North Central Avenue, Suite 201, Phoenix, AZ 85004.

SUPPLEMENTARY INFORMATION: The Clean Air Act affords EPA the 
opportunity for a 45-day period to review, and object to as 
appropriate, operating permits proposed by State permitting 
authorities. Section 505(b)(2) of the Act and 40 CFR 70.8(d) authorizes 
any person to petition the EPA Administrator within 60 days after the 
expiration of this review period to object to State operating permits 
if EPA has not done so. 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 the grounds for the issues arose after this period.
    DWA submitted a petition to the Administrator on March 20, 2001, 
seeking EPA's objection to the operating permit issued to the 
Harquahala Generating Station. The petitioner maintained that the 
Harquahala Generating Station operating permit was inconsistent with 
the Act because the permit failed to: (1) Meet federal requirements for 
an excess emission affirmative defense provision, namely Condition 10 
of the Permit; (2) include best available control technology (BACT) 
emission limits for nitrogen oxides (NOX), carbon monoxides 
(CO), volatile organic compounds (VOC), and particulate matter 
(PM10); (3) require an updated BACT analysis during the 
permit renewal period; (4) use an appropriate substitute method for 
calculating startup and shutdown emissions when the continuous 
emissions monitors (CEMs) for NOX and CO are not 
operational; (5) require sufficient opacity monitoring to assure 
compliance with certain opacity requirements; (6) require an operations 
and maintenance plan for selective catalytic reduction (SCR) pollution 
control technology to be submitted before startup of the equipment; (7) 
include a review of the toxic effects of ammonium sulfate formed as a 
result of the proposed BACT (in this case, SCR); and (8) be responsive 
to public comments regarding PSD issues.
    The Administrator issued an order denying this petition on July 2, 
2003. The order explains the reasons behind EPA's conclusion that 
petitioner failed

[[Page 50135]]

to demonstrate that the issuance of the Harquahala Generating Station 
permit was not in compliance with requirements of the Clean Air Act on 
the grounds raised.

    Dated: August 6, 2003.
Deborah Jordan,
Acting Regional Administrator, Region 9.
[FR Doc. 03-21350 Filed 8-19-03; 8:45 am]
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