[Federal Register Volume 79, Number 159 (Monday, August 18, 2014)]
[Notices]
[Pages 48746-48747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-19559]


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ENVIROMENTAL PROTECTION AGENCY

[FRL-9915-33-Region-3]


Clean Air Act Operating Permit Program; Petition to Object to 
Title V Permits for the Homer City and Bruce Mansfield Electric 
Generating Facilities; Pennsylvania

AGENCY: Environmental Protection Agency.

ACTION: Notice of final action.

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SUMMARY: Pursuant to the Clean Air Act (CAA), the Environmental 
Protection Agency (EPA) Administrator signed an Order, dated July 30, 
2014, partially granting and partially denying petitions to object to 
two state operating permits issued by the Pennsylvania Department of 
Environmental Protection (PaDEP). The Order responds to a September 12, 
2012 petition, and a May 15, 2013 supplement to that petition, relating 
to EME Homer City Generation L.P.'s Homer City plant in Indiana County, 
as well as an October 22, 2012 petition, which relates to First Energy 
Generation Corporation's Bruce Mansfield plant in Beaver County. The 
petitions were submitted by the Sierra Club. In the Bruce Mansfield 
petition, Sierra Club was joined by the Little Blue Regional Action 
Group (LBRAG), Environmental Integrity Project (EIP), Group Against 
Smog and Pollution (GASP), and Clean Air Council (CAC). This Order 
constitutes final action on those petitions requesting that the 
Administrator object to the issuance of the proposed CAA title V 
permit.

ADDRESSES: Copies of the final Order, the petition, and all pertinent 
information relating thereto are on file at the following location: 
EPA, Region III, Air Protection Division (APD), 1650 Arch St., 
Philadelphia, Pennsylvania 19103. EPA requests that if at all possible, 
you contact the individual listed in the FOR FURTHER INFORMATION 
CONTACT section to view copies of the final Order, petition, and other 
supporting information. You may view the hard copies Monday through 
Friday, from 9 a.m. to 3 p.m., excluding Federal holidays. If you wish 
to examine these documents, you should make an appointment at least 24 
hours before the visiting day. The final Order is also available 
electronically at the following Web site: http://www.epa.gov/region07/air/title5/petitiondb/petitiondb.htm.

FOR FURTHER INFORMATION CONTACT: David Talley, Air Protection Division, 
EPA Region III, telephone (215) 814-2117, or by email at 
[email protected].

SUPPLEMENTARY INFORMATION: The CAA 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 CAA authorizes 
any person to petition the EPA Administrator within 60 days after the 
expiration of this review period to object to a state operating permit 
if EPA has not done so. Petitions must be based only on objections 
raised with reasonable specificity during the public comment period, 
unless the petitioner demonstrates that it was impracticable to raise 
these issues during the comment period or that the grounds for 
objection or other issue arose after the comment period.
    In the Homer City petition and Homer City supplemental petition 
(numbered III-2012-06 and III-2013-03 respectively), the petitioner 
sought the EPA objection on the following issues: (1) The proposed 
permit fails to include the general prohibition against air pollution 
found in Pennsylvania's State Implementation Plan (PA SIP); (2) the 
proposed permit fails to include emission limits and averaging periods 
sufficient to prevent the Homer City plant from causing impermissible 
air pollution in the form of harmful concentrations of sulfur dioxide 
(SO2) in violation of the state adopted, federally-
enforceable acid rain provisions and the PA SIP; (3) the proposed 
permit fails to require sufficient emissions limits and monitoring 
requirements to ensure compliance with particulate matter (PM) 
standards; (4) the proposed permit impermissibly claims to apply a 
permit shield to unidentified future projects; and (5) various 
miscellaneous claims not separately identified in the petition. The 
Homer City supplemental petition identifies the following bases on 
which the EPA should object: (1) Pennsylvania's general prohibition on 
harmful air pollution is an applicable requirement with which the 
permit must assure compliance; and (2) Pennsylvania's acid rain 
regulations are federally-enforceable applicable requirements with 
which the permit must assure compliance. The PaDEP issued the final 
Homer City operating permit (No. 32-00055) on November 16, 2012.
    In the Mansfield petition (numbered III-2012-07), the petitioners 
sought the EPA objection on the following issues: (1) The proposed 
permit fails to include numerical emission limits and monitoring 
sufficient to prevent the facility from causing impermissible air 
pollution in the form of harmful concentrations of SO2 as 
well as violations of an applicable acid rain provision; (2) the 
proposed permit fails

[[Page 48747]]

to require adequate monitoring to assure compliance with its PM 
emission limits; (3) the proposed permit fails to require adequate 
monitoring to assure compliance with its opacity limits; and (4) 
various miscellaneous claims not separately identified in the petition. 
The PaDEP issued the final operating permit (No. 04-00235) on February 
8, 2013. The Order explains the reasons behind EPA's decision to 
partially grant and partially deny the petition for objection. Pursuant 
to section 505(b)(2) of the CAA, the petitioner may seek judicial 
review of those portions of the Homer City and Bruce Mansfield 
petitions which EPA denied in the United States Court of Appeals for 
the appropriate circuit. Any petition for review shall be filed within 
60 days of this notice in accordance with the requirements of section 
307 of the CAA.

    Dated: August 6, 2014.
William C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2014-19559 Filed 8-15-14; 8:45 am]
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