[Federal Register Volume 70, Number 210 (Tuesday, November 1, 2005)]
[Notices]
[Pages 65898-65899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21754]


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ENVIRONMENTAL PROTECTION AGENCY

[Regional Docket No. V-2004-5, FRL-7991-9]


Clean Air Act Operating Permit Program; Petition for Objection to 
State Operating Permits for Midwest Generation Waukegan Station

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final orders on petitions to object to a state 
operating permit.

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SUMMARY: This document announces that the EPA Administrator has 
responded to a citizen petition asking EPA to object to an operating 
permit proposed by the Illinois Environmental Protection Agency (IEPA). 
Specifically, the Administrator has partially granted and partially 
denied the petition submitted by the Lake County Conservation Alliance 
to object to the proposed operating permit for the Midwest Generation 
Waukegan station.
    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 of those portions of the 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 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 order for the Midwest 
Generation Waukegan station is 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,

[[Page 65899]]

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 the EPA 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 29, 2004, the EPA received from the Lake County 
Conservation Alliance a petition requesting that EPA object to the 
proposed title V operating permit for the Midwest Generation Waukegan 
station. The petition raises issues regarding the permit issuance 
process and the permit itself. The Lake County Conservation Alliance 
alleged that the proposed permit (1) is legally inadequate because it 
does not impose an enforceable schedule to remedy non-compliance; (2) 
inappropriately provides for a permit shield that allows excess 
emissions during startup and malfunction, contrary to EPA policy; (3) 
fails to include applicable requirements; (4) fails to comply with the 
public notice requirements of the Act; (5) contains an inadequate 
statement of basis; (6) contains conditions that are not practically 
enforceable; (7) lacks adequate recordkeeping and recording 
requirements; (8) lacks origin and authority for each permit condition; 
(9) lacks adequate monitoring; and (10) is legally inadequate because 
it lacks the requirement to submit a compliance certification 
containing other such facts as IEPA may require to determine 
compliance.
    On September 22, 2005, the Administrator issued an order partially 
granting and partially denying the petition. The order explains the 
reasons behind EPA's conclusion that the IEPA must: (1) Address in the 
permit record the Petitioner's comment regarding opacity exceedances; 
(2) determine if pre-existing state operating permit conditions are 
requirements with which Waukegan must comply, and either include the 
applicable requirements in the Title V permit, or explain in the 
statement of basis its reasoning for not including the requirements; 
(3) reopen the Waukegan permit (including a notice to the public 
stating the activities involved in the permit action) and make 
available to the public an adequate statement of basis which explains, 
among other things the reasons for each change to the state 
implementation plan (SIP) or construction permit terms. These 
explanations must be provided for any federally enforceable permit 
terms that have been newly established, modified, streamlined or 
deleted in the permit action; (4) remove ``operational condition'' and 
``operating parameters'' from the permit or define the terms; (5) 
remove ``reasonable steps'' from the permit or define or provide 
criteria to determine ``reasonable steps'' that meet the requirements 
of the SIP; (6) either develop criteria for determining the normal 
range or develop another means to monitor compliance with the 
particulate matter (PM) emission limitations; (7) include a specific 
opacity limit or a method for determining an opacity limit that would 
correlate the results of the PM testing and the opacity limit in a 
manner that assures compliance with the PM limit, and incorporate into 
the permit specific operational limits (upper level or lower level) 
and/or operational ranges or a method for determining the ranges; and, 
(8) set a date that is as early as possible in the permit term by which 
Waukegan must conduct PM testing for use in establishing opacity 
monitoring and electrostatic precipitator parametric measures so that 
the permit includes appropriate monitoring conditions that are in 
effect during the permit term and assures compliance with the PM 
emission limitations for the coal-fired boilers for the entire term of 
the permit. The order also explains the reasons for denying Lake County 
Conservation Alliance's remaining claims.

    Dated: October 14, 2005.
Bharat Mathur,
Acting Regional Administrator, Region 5.
[FR Doc. 05-21754 Filed 10-31-05; 8:45 am]
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