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