[Federal Register Volume 75, Number 138 (Tuesday, July 20, 2010)]
[Notices]
[Page 42084]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-17678]


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ENVIRONMENTAL PROTECTION AGENCY

[Regional Docket Nos. V-2009-1, FRL-9176-5]


Clean Air Act Operating Permit Program; Petition for Objection to 
State Operating Permit for JP Pulliam Power Plant

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 granted 
a petition from the Sierra Club asking EPA to object to a Title V 
operating permit for the Wisconsin Public Service Corporation's, JP 
Pulliam Power Plant (JP Pulliam) issued by the Wisconsin Department of 
Natural Resources (WDNR).
    Sections 307(b) and 505(b)(2) of the Act provide that a petitioner 
may ask for judicial review of those portions of the petition which EPA 
denies 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. However, EPA did not deny any portion of the petition 
that is the subject of the response announced today.

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 JP Pulliam 
Power Plant 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 June 25, 2009, EPA received a petition from the Sierra Club 
requesting that EPA object to the Title V operating permit for JP 
Pulliam. The Petitioner alleged that the permit is not in compliance 
with the requirements of the Act. Specifically, the Petitioner alleged 
that: (1) The permit omits more stringent applicable particulate matter 
(PM) emission limits for certain boilers because the units are: (a) 
Subject to the lower limits established in a preconstruction permit 
issued on October 15, 2008, and/or (b) subject to a State 
Implementation Plan provision providing for a lower PM limit for units 
modified after April 1972 because these units were modified in the late 
1980s; (2) the permit omits the maximum hourly heat input limits that 
are applicable because they were contained in a preconstruction permit 
application submitted by the permittee and relied upon by WDNR to issue 
a New Source Review synthetic minor permit; and (3) the permit's PM 
monitoring for the boilers and PM and visible emissions monitoring for 
certain material handling sources are deficient.
    On June 28, 2010, the Administrator issued an order granting the JP 
Pulliam petition. The Order explains the reasons behind EPA's 
conclusion.

    Date: July 9, 2010.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2010-17678 Filed 7-19-10; 8:45 am]
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