[Federal Register Volume 70, Number 85 (Wednesday, May 4, 2005)]
[Notices]
[Pages 23154-23155]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-8869]


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ENVIRONMENTAL PROTECTION AGENCY

Regional Docket Nos. V-2004-1, -2; [IL 225-1, FRL-7907-8]


Clean Air Act Operating Permit Program; Petitions for Objection 
to State Operating Permits for Midwest Generation Fisk and Crawford 
Stations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final action.

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SUMMARY: This document announces that the EPA Administrator has 
responded to two citizen petitions asking EPA to object to operating 
permits issued by the Illinois Environmental Protection Agency (IEPA) 
to two facilities. Specifically, the Administrator has partially 
granted and partially denied each of the petitions submitted by the 
Chicago Legal Clinic to object to the operating permits issued to the 
Midwest Generation Fisk and Crawford stations.
    Pursuant to section 505(b)(2) of the Clean Air Act (Act), 
Petitioner may seek judicial review of those portions of the petitions 
which EPA denied in the United States Court of Appeals for the 
appropriate circuit. 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 orders, the petitions, 
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 orders for the Midwest 
Generation Fisk and Crawford stations are available electronically at: 
http://www.epa.gov/region07/programs/artd/air/title5/petitiondb/petitiondb2004.htm.

FOR FURTHER INFORMATION CONTACT: Pamela Blakley, Chief, Air Permitting 
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 to as appropriate, 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 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.
    On January 22, 2004, the EPA received from the Chicago Legal Clinic 
petitions requesting that EPA object to the issuance of the title V 
operating permits to the Midwest Generation Fisk and Crawford stations. 
The petitions raise issues regarding the permit application, the permit 
issuance process, and the permits themselves. Chicago Legal Clinic 
asserts that the permits: (1) Lack compliance schedules designed to 
bring the Midwest Generation Fisk and Crawford stations into compliance 
with Clean Air Act requirements; (2) contain language that fails to 
include conditions that meet the legal requirements for monitoring; (3) 
contain language that violates the requirements related to credible 
evidence; (4) contain language regarding

[[Page 23155]]

startup, malfunction and breakdown that violates EPA policy; and (5) 
contain language that violates EPA policy requiring a permit to be 
practically enforceable.
    On March 25, 2005, the Administrator issued orders partially 
granting and partially denying the petitions. The orders explain the 
reasons behind EPA's conclusion that the IEPA must reopen the permits 
to: (1) Address Petitioner's significant comments; (2) include periodic 
monitoring in compliance with 40 CFR Sec.  70.6(a)(3)(i)(B); (3) remove 
the note stating that compliance with the carbon monoxide limit is 
inherent; (4) explain in the statement of basis how it determined in 
advance that the permittee had met the requirements of the Illinois 
State Implementation Plan (SIP) or to specify in the permit that 
continued operation during malfunction or breakdown will be authorized 
on a case-by-case basis if the source meets the SIP criteria; (5) 
remove language which is not required by the underlying applicable 
requirement or explain in the permit or statement of basis how this 
language implements the meaning and intent of the underlying applicable 
requirement; (6) remove ``established startup procedures,'' include the 
startup procedures in the permit, or include minimum elements of the 
startup procedures that would ``affirmatively demonstrate that all 
reasonable efforts have been made to minimize startup emissions, 
duration of individual startups and frequency of startups;'' (7) 
require the owner or operator of the sources to report to the agency 
``immediately'' or explain how the phrase ``as soon as possible'' meets 
the requirements of the SIP; (8) remove ``reasonably'' and 
``reasonable'' from relevant permit terms or define or provide criteria 
to determine ``reasonably'' and ``reasonable'' that meet the 
requirements of the SIP; (9) remove the term ``reasonable'' from the 
relevant permit conditions in accordance with the language in Part 70, 
Section 504 of the Clean Air Act or Section 39.5 of the Environmental 
Protection Act; (10) remove the ability to waive the testing 
requirements or explain how such a waiver would meet the requirements 
of part 70; (11) define ``extraordinary circumstances'' in a manner 
consistent with the requirements of the SIP or remove the language from 
the permit; and (12) remove ``summary of compliance'' from the permit 
or clarify the term such that the reader understands what a ``summary 
of compliance'' must contain and how the summary relates to the control 
measures. The orders also explain the reasons for denying Chicago Legal 
Clinic's remaining claims.

    Dated: April 19, 2005.
Norman Niedergang,
Acting Regional Administrator, Region 5.
[FR Doc. 05-8869 Filed 5-3-05; 8:45 am]
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