[Federal Register Volume 80, Number 204 (Thursday, October 22, 2015)]
[Notices]
[Pages 63993-63994]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-26919]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OGC-2015-0678; FRL 9936-07-OGC]


Proposed Settlement Agreement

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed settlement agreement; request for public 
comment.

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SUMMARY: In accordance with section 113(g) of the Clean Air Act (the 
``Act''), 42 U.S.C. 7413(g), notice is hereby given of a proposed 
settlement agreement to resolve two cases filed by the WildEarth 
Guardians (``Guardians'') and Sierra Club involving EPA actions under 
the CAA Title V operating permit program. On January 7, 2015, Guardians 
and Sierra Club filed petitions with the Environmental Appeal Board 
(``EAB'') challenging a Part 71 Operating Permit issued by EPA Region 8 
on December 5, 2014, to Deseret Power Cooperative (``Deseret'') to 
operate the Bonanza Power Plant (``Bonanza Plant'') (In re Deseret 
Power Cooperative Bonanza Power Plant, CAA Appeal Nos. 15-1, 15-2). 
Under the proposed settlement agreement, Deseret would submit an 
application for a minor New Source Review (NSR) permit to implement the 
specific terms of the agreement; and EPA would draft and provide for 
public notice of the proposed permit.

DATES: Written comments on the proposed settlement agreement must be 
received by November 23, 2015.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2015-0678 online at www.regulations.gov (EPA's preferred method); 
by email to [email protected]; by mail to EPA Docket Center, 
Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania 
Ave. NW., Washington, DC 20460-0001; or by hand delivery or courier to 
EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave. NW., 
Washington, DC, between 8:30 a.m. and 4:30 p.m. Monday through Friday, 
excluding legal holidays. Comments on a disk or CD-ROM should be 
formatted in Word or ASCII file, avoiding the use of special characters 
and any form of encryption, and may be mailed to the mailing address 
above.

FOR FURTHER INFORMATION CONTACT: Sara L. Laumann, Office of Regional 
Counsel, EPA Region 8, 1595 Wynkoop Street, Denver CO 80202-2466; 
telephone: (303) 312-6443; fax number: (303) 312-6859; email address: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Settlement Agreement

    The proposed settlement agreement would resolve two cases filed by 
the WildEarth Guardians (``Guardians'') and Sierra Club involving EPA 
actions under the CAA Title V operating permit program. On January 7, 
2015, Guardians and Sierra Club filed petitions with the Environmental 
Appeal Board (``EAB'') challenging a Part 71 Operating Permit issued by 
EPA Region 8 on December 5, 2014, to Deseret Power Cooperative 
(``Deseret'') to operate the Bonanza Power Plant (``Bonanza Plant''), a 
500-megawatt coal-fired power plant located within the exterior 
boundaries of the Uintah and Ouray Indian Reservation in Utah. Under 
the proposed settlement agreement, Deseret would submit an application 
for a minor New Source Review (NSR) permit which would provide for 
installation of low NOX burners with over-fire air controls, 
along with other operator-requested permit terms and conditions. The 
agreement also provides that if EPA Region 8 issues a final permit with 
provisions that are consistent with the settlement agreement: (1) 
Petitioners would file motions to dismiss the EAB appeals; (2) EPA 
would withdraw a proposed Prevention of Significant Deterioration 
Permit for the facility; (3) Deseret would withdraw an outstanding 
permit application; and (4) Deseret and Sierra Club would withdraw 
their respective and related FOIA requests. Under the agreement EPA 
would also state its plan to withdraw a proposed Prevention of 
Significant Deterioration Permit for the Plant. The proposed settlement 
agreement also provides that nothing in the agreement shall be 
construed to limit or modify any discretion afforded EPA by the Act or 
by general principles of administrative law in taking those actions. 
See the proposed settlement agreement for specific details.
    For a period of thirty (30) days following the date of publication 
of this notice, the Agency will accept written comments relating to the 
proposed settlement agreement from persons who

[[Page 63994]]

were not named as parties or interveners to the litigation in question. 
EPA may withdraw or withhold consent to the proposed settlement 
agreement if the comments disclose facts or considerations that 
indicate that such consent is inappropriate, improper, inadequate, or 
inconsistent with the requirements of the Act. Unless EPA determines 
that consent to this settlement agreement should be withdrawn, the 
terms of the agreement will be affirmed.

II. Additional Information About Commenting on the Proposed Settlement 
Agreement

A. How can I get a copy of the settlement agreement?

    The official public docket for this action (identified by Docket ID 
No. EPA-HQ-OGC-2015-0678) contains a copy of the proposed settlement 
agreement. The official public docket is available for public viewing 
at the Office of Environmental Information (OEI) Docket in the EPA 
Docket Center, EPA West, Room 3334, 1301 Constitution Ave. NW., 
Washington, DC. The EPA Docket Center Public Reading Room is open from 
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. The telephone number for the Public Reading Room is (202) 
566-1744, and the telephone number for the OEI Docket is (202) 566-
1752.
    An electronic version of the public docket is available through 
www.regulations.gov. You may use the www.regulations.gov to submit or 
view public comments, access the index listing of the contents of the 
official public docket, and to access those documents in the public 
docket that are available electronically. Once in the system, key in 
the appropriate docket identification number then select ``search.''
    It is important to note that EPA's policy is that public comments, 
whether submitted electronically or in paper, will be made available 
for public viewing online at www.regulations.gov without change, unless 
the comment contains copyrighted material, CBI, or other information 
whose disclosure is restricted by statute. Information claimed as CBI 
and other information whose disclosure is restricted by statute is not 
included in the official public docket or in the electronic public 
docket. EPA's policy is that copyrighted material, including 
copyrighted material contained in a public comment, will not be placed 
in EPA's electronic public docket but will be available only in 
printed, paper form in the official public docket. Although not all 
docket materials may be available electronically, you may still access 
any of the publicly available docket materials through the EPA Docket 
Center.

B. How and to whom do I submit comments?

    You may submit comments as provided in the ADDRESSES section. 
Please ensure that your comments are submitted within the specified 
comment period. Comments received after the close of the comment period 
will be marked ``late.'' EPA is not required to consider these late 
comments.
    If you submit an electronic comment, EPA recommends that you 
include your name, mailing address, and an email address or other 
contact information in the body of your comment and with any disk or 
CD-ROM you submit. This ensures that you can be identified as the 
submitter of the comment and allows EPA to contact you in case EPA 
cannot read your comment due to technical difficulties or needs further 
information on the substance of your comment. Any identifying or 
contact information provided in the body of a comment will be included 
as part of the comment that is placed in the official public docket, 
and made available in EPA's electronic public docket. If EPA cannot 
read your comment due to technical difficulties and cannot contact you 
for clarification, EPA may not be able to consider your comment.
    Use of the www.regulations.gov Web site to submit comments to EPA 
electronically is EPA's preferred method for receiving comments. The 
electronic public docket system is an ``anonymous access'' system, 
which means EPA will not know your identity, email address, or other 
contact information unless you provide it in the body of your comment. 
In contrast to EPA's electronic public docket, EPA's electronic mail 
(email) system is not an ``anonymous access'' system. If you send an 
email comment directly to the Docket without going through 
www.regulations.gov, your email address is automatically captured and 
included as part of the comment that is placed in the official public 
docket, and made available in EPA's electronic public docket.

    Dated: October 13, 2015.
Lorie J. Schmidt,
Associate General Counsel.
[FR Doc. 2015-26919 Filed 10-21-15; 8:45 am]
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