[Federal Register Volume 72, Number 136 (Tuesday, July 17, 2007)]
[Notices]
[Pages 39066-39067]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-13790]


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ENVIRONMENTAL PROTECTION AGENCY

[Regional Docket Nos. V-2005-1, -2, -3, and V-2006-2, FRL-8440-1]


Clean Air Act Operating Permit Program; Petitions for Objection 
to State Operating Permits for Midwest Generation, LCC

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final orders on petitions to object to State 
operating permits.

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SUMMARY: This document announces that the EPA Administrator has 
responded to four petitions asking EPA to object to six Clean Air Act 
(CAA) operating permits proposed by the Illinois Environmental 
Protection Agency (IEPA). Specifically, the Administrator denied the 
petitions submitted by the Illinois Attorney General, the Chicago Legal 
Clinic and the Environmental Law and Policy Center to object to the 
proposed operating permits for all six of the Midwest Generation, LCC 
stations.
    Pursuant to section 505(b)(2) of the CAA, a Petitioner may seek 
judicial review in the United States Court of Appeals for the 
appropriate circuit of those portions of the petitions 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 CAA.

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 petitions are available electronically at: http://yosemite.epa.gov/r5/ardcorre.nsf/permits.

[[Page 39067]]


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 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 November 28, 2005 and April 5, 2006, the EPA received four 
petitions from the Illinois Attorney General, the Chicago Legal Clinic 
and the Environmental Law and Policy Center requesting that EPA object 
to the proposed Title V operating permits for the Midwest Generation, 
LCC stations. The petitions raise issues regarding the lack of 
compliance schedules in the permits. The petitioners alleged that the 
proposed permits are legally inadequate because: (1) Self-reporting by 
Midwest Generation based on continuous opacity monitoring provides 
evidence that all of the Midwest Generation facilities are in violation 
of their opacity limitations, yet the permits lack the required 
compliance schedules; and (2) IEPA failed to require compliance 
schedules to bring Midwest Generation into compliance with New Source 
Review requirements.
    On June 14, 2007 and June 18, 2007, the Administrator issued orders 
denying the petitions. The orders explain the reasons behind EPA's 
conclusion to deny the petitions.

    Dated: July 5, 2007.
Bharat Mathur,
Deputy Regional Administrator, Region 5.
 [FR Doc. E7-13790 Filed 7-16-07; 8:45 am]
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