[Federal Register Volume 72, Number 54 (Wednesday, March 21, 2007)]
[Notices]
[Page 13277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-5163]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8289-8]


Clean Air Act Operating Permit Program; Petition for Objection to 
State Operating Permit for Public Service Company, Fort Saint Vrain 
Station

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 a citizen petition asking EPA to object to an operating 
permit issued by the Colorado Department of Public Health and 
Environment (CDPHE). Specifically, the Administrator has partially 
granted and partially denied the August 6, 2005 petition, submitted by 
Jeremy Nichols (Petitioner), to object to the July 1, 2005 operating 
permit issued to Public Service Company, Fort Saint Vrain Station (Ft. 
St. Vrain).
    Pursuant to section 505(b)(2) of the Clean Air Act (Act), 
Petitioners 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 order, the petition, and 
other supporting information at the EPA Region 8 Office, 1595 Wynkoop 
Street, Denver, Colorado 80202-1129. EPA requests that if at all 
possible, you contact the individual listed in the FOR FURTHER 
INFORMATION CONTACT section to view the copies of the final order, the 
petition, and other supporting information. You may view the hard 
copies Monday through Friday, 8 a.m. to 4 p.m., excluding Federal 
holidays. If you wish to examine these documents, you should make an 
appointment at least 24 hours before visiting day. Additionally, the 
final order for Public Service Company, Fort Saint Vrain Station is 
available electronically at: http://www.epa.gov/region7/programs/artd/air/title5/petitiondb/petitions/fort_st_vrain_decision2005.pdf.

FOR FURTHER INFORMATION CONTACT: Donald Law, Office of Partnerships and 
Regulatory Assistance, EPA, Region 8, 1595 Wynkoop Street, Denver, 
Colorado 80202-1129, (303) 312-7015, [email protected].

SUPPLEMENTARY INFORMATION: The Act affords EPA a 45-day period to 
review, and object to as appropriate, a Title V operating permit 
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 a Title V 
operating permit 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 August 6, 2005, the EPA received a petition from Jeremy Nichols 
requesting that EPA object to the issuance of the Title V operating 
permit to the Public Service Company, Fort Saint Vrain Station for the 
following reasons: (I) The operating permit fails to require 
appropriate best available control technology for NOX 
emissions; (II) the operating permit fails to ensure compliance with 
NOX concentration limits and/or fails to adopt enforceable 
limits; (III) the operating permit fails to subject T004 in simple 
cycle mode to Compliance Assurance Monitoring (CAM) requirements for 
NOX emissions; (IV) the operating permit fails to require 
opacity monitoring; (V) the operating permit sets unenforceable CO 
emission limits and/or fails to ensure compliance with CO limits; and 
(VI) concerns on eight specific permit conditions.
    On February 5, 2007, the Administrator issued an order partially 
granting and partially denying the petition. The order explains the 
reasons behind EPA's conclusion to partially grant and partially deny 
the petition for objection.

    Dated: February 28, 2007.
Kerrigan G. Clough,
Acting Regional Administrator, Region 8.
 [FR Doc. E7-5163 Filed 3-20-07; 8:45 am]
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