[Federal Register Volume 72, Number 232 (Tuesday, December 4, 2007)]
[Notices]
[Page 68162]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-23481]



[[Page 68162]]

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ENVIRONMENTAL PROTECTION AGENCY

[Regional Docket Nos. V-2005-5, FRL-8501-7]


Clean Air Act Operating Permit Program; Petition for Objection to 
State Operating Permit for Walnut Street

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final order on petition to object to Clean Air Act 
operating permit.

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SUMMARY: This document announces that the EPA Administrator has 
responded to a petition asking EPA to object to a Clean Air Act (Act) 
operating permit issued by the Wisconsin Department of Natural 
Resources. Specifically, the Administrator granted in part and denied 
in part the petition submitted by the Sierra Club to object to the 
operating permit for Wisconsin Department of Administration's Walnut 
Street Heating Plant (Walnut Street).
    Pursuant to section 505(b)(2) of the Act, a Petitioner may seek in 
the United States Court of Appeals for the appropriate circuit judicial 
review of those portions of a 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 order, the petition, 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 Walnut 
Street petition is available electronically at: http://yosemite.epa.gov/r5/ardcorre.nsf/permits.

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 a state operating 
permit if EPA has not done so. A petition 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 issues 
during the comment period, or the grounds for the issues arose after 
this period.
    On May 24, 2005, EPA received a petition from the Sierra Club 
requesting that EPA object to the Title V operating permit for Walnut 
Street. The petition raised issues regarding: (1) Conditions for 
monitoring air pollutants; (2) language related to credible evidence; 
(3) the practical enforceability of permit conditions; and, (4) limits 
marked not federally enforceable. The petitioner alleged that the 
proposed permit is legally inadequate because the permit: (1) fails to 
include conditions that meet the legal requirements for monitoring; (2) 
contains conditions that violate the requirements related to credible 
evidence; (3) contains conditions that violate EPA policy requiring a 
permit to be practically enforceable; and, (4) limits federal 
enforceability and illegally makes the limits not federally 
enforceable.
    On November 5, 2007, the Administrator issued an order granting in 
part and denying in part the petition. The order explains the reasons 
behind EPA's conclusion.

    Dated: November 20, 2007.
Bharat Mathur,
Acting Regional Administrator, Region 5.
[FR Doc. E7-23481 Filed 12-3-07; 8:45 am]
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