[Federal Register Volume 76, Number 207 (Wednesday, October 26, 2011)]
[Notices]
[Page 66286]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-27734]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[FRL-9483-2]


Clean Air Act Operating Permit Program; Petition for Objection to 
State Operating Permit for Public Service Company of Colorado dba Xcel 
Energy--Cherokee Power Station

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final action.

-----------------------------------------------------------------------

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 denied the 
April 1, 2010, Petition, submitted by WildEarth Guardians (Petitioner), 
to object to CDPHE's April 1, 2010, title V permit issued to Public 
Service Company of Colorado dba Xcel Energy (Xcel)--Cherokee 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 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--Cherokee Power Station is 
available electronically at: http://www.epa.gov/region07/air/title5/petitiondb/petitions/xcel_cherokee_response2011.pdf.

FOR FURTHER INFORMATION CONTACT: Donald Law, Air Program (8P-AR), EPA 
Region 8, 1595 Wynkoop Street, Denver, Colorado 80202-1129. Phone: 
(303)312-7015. 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 April 1, 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 Cherokee 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) A compliance plan for opacity 
monitoring requirements; (II) applicable opacity requirements; (III) 
particulate matter (PM) limits applicable to the coal-fired boiler; 
(IV) CAA section 112(j) for air toxics; and (V) PSD requirements in 
regard to carbon dioxide (CO2) emissions.
    On September 29, 2011, the Administrator issued an Administrative 
Order denying the Petition. The Order explains the reasons behind EPA's 
conclusions.

    Dated: October 19, 2011.
James B. Martin,
Regional Administrator, Region 8.
[FR Doc. 2011-27734 Filed 10-25-11; 8:45 am]
BILLING CODE 6560-50-P