[Federal Register Volume 76, Number 140 (Thursday, July 21, 2011)]
[Notices]
[Pages 43684-43685]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-18415]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9442-5]


Clean Air Act Operating Permit Program; Petition for Objection to 
State Operating Permit for Public Service Company of Colorado dba Xcel 
Energy--Pawnee Power 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 February, 2010, Petition, submitted by 
WildEarth Guardians (Petitioner), to object to CDPHE's January 1, 2010, 
title V permit issued to Public Service Company of Colorado dba Xcel 
Energy (Xcel)--Pawnee Power Station.
    Pursuant to section 505(b)(2) of the Clean Air Act (Act or CAA), 
Petitioners may seek judicial review of those portions of the petition 
that 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

[[Page 43685]]

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 in advance. Additionally, the Final Order for Public Service 
Company of Colorado--Pawnee Power Station is available electronically 
at: http://www.epa.gov/region7/air/title5/petitiondb/petitions/xcel_pawnee_response2010.pdf.

FOR FURTHER INFORMATION CONTACT: Christopher Razzazian, Air Program 
(8P-AR), EPA Region 8, 1595 Wynkoop Street, Denver, Colorado 80202-
1129. Phone: (303) 312-6648. E-mail: [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. EPA received a petition from WildEarth 
Guardians dated February 26, 2010, requesting that EPA object to the 
issuance of the title V operating permit to Public Service Company of 
Colorado for the operation of the Pawnee Power Station. The Petition 
alleges that the Permit does not comply with 40 CFR Part 70 in that it 
fails to assure compliance with: (I) Prevention of Significant 
Deterioration (PSD) requirements; (II) particulate matter (PM) limits 
applicable to the coal-fired boiler; (III) other applicable PM emission 
limits (and fails to require the facility to sufficiently monitor 
fugitive PM emissions); (IV) the 20-percent opacity limit under the New 
Source Performance Standards, Subpart Y, which applies to coal unloaded 
to storage activities; (V) PM emission limits applicable to specified 
point sources (and fails to require the facility to sufficiently 
monitor PM from those point sources); (VI) CAA Sec.  112(j) for air 
toxics; and (VII) PSD requirements in regard to carbon dioxide 
emissions.
    On June 30, 2011, the Administrator issued an Administrative Order 
partially granting and partially denying the Petition. The Order 
explains the reasons behind EPA's conclusions.

    Dated: July 13, 2011.
Stephen S. Tuber,
Acting Regional Administrator, Region 8.
[FR Doc. 2011-18415 Filed 7-20-11; 8:45 am]
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