[Federal Register Volume 74, Number 213 (Thursday, November 5, 2009)]
[Notices]
[Page 57313]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-26697]


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ENVIRONMENTAL PROTECTION AGENCY

[Regional Docket Nos. V-2008-1, FRL-8978-1]


Clean Air Act Operating Permit Program; Petition for Objection to 
State Operating Permit for Columbia Generating Station

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final order on petition to object to Clean Air Act 
(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 an operating permit 
issued by the Wisconsin Department of Natural Resources (WDNR). 
Specifically, the Administrator granted in part and denied in part the 
petition submitted by the Sierra Club to object to the operating permit 
for Columbia Generating Station (Columbia).
    Pursuant to sections 307(b) and 505(b)(2) of the Act, a petition 
for judicial review of those portions of the petition which EPA denied 
may be filed 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 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 Columbia 
petition is available electronically at: http://www.epa.gov/region07/programs/artd/air/title5/petitiondb/petitiondb.htm.

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, as appropriate, to Title V 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 Title V 
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 September 3, 2008, EPA received a petition from the Sierra Club 
requesting that EPA object to the Title V operating permit for 
Columbia. The Petitioner alleges that the permit is not in compliance 
with the requirements of the Act. Specifically, the Petitioner alleges 
that: (1) Certain projects should have been subject to the prevention 
of significant deterioration program; (2) Wisconsin did not adequately 
respond to comments on the draft permit; (3) a schedule of compliance 
should have been included for opacity violations; and, (4) a case-by-
case maximum achievable control technology standard should have been 
included in the permit.
    On October 8, 2009, the Administrator issued an order granting the 
Columbia petition in part, and denying it in part. The order explains 
the reasons behind EPA's conclusion.

    Dated: October 26, 2009.
Richard C. Karl,
Acting Regional Administrator, Region 5.
[FR Doc. E9-26697 Filed 11-4-09; 8:45 am]
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