[Federal Register Volume 85, Number 205 (Thursday, October 22, 2020)]
[Notices]
[Pages 67348-67349]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23465]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[FRL-10015-99-Region 5]


Clean Air Act Operating Permit Program; Petition for Objection to 
State Operating Permit for Midwest Generation, LLC, Waukegan Generating 
Station, Lake County, Illinois

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final order on petition for objection to a Clean Air 
Act title V operating permit.

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

SUMMARY: The Environmental Protection Agency (EPA) Administrator signed 
an Order dated September 15, 2020, denying a Petition dated August 5, 
2016 from Sierra Club, Respiratory Health Association and Environmental 
Law and Policy Center. The Petition requested that EPA object to a 
Clean Air Act (CAA) title V operating permit issued by the Illinois 
Environmental Protection Agency (IEPA) to Midwest Generation for the 
Waukegan Generating Station located in Waukegan, Lake County, Illinois.

ADDRESSES: The final Order, the Petition, and other supporting 
information are available for public inspection during normal business 
hours at the following address: U.S. Environmental Protection Agency, 
Region 5, Air and Radiation Division, 77 West Jackson Boulevard, 
Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30 
p.m., Monday through Friday, excluding Federal holidays and facility 
closures due to COVID-19. We recommend that you telephone Danny Marcus, 
Environmental Engineer, at (312) 353-8781 before visiting the Region 5 
office. Additionally, the final

[[Page 67349]]

Order and Petition are available electronically at: https://www.epa.gov/title-v-operating-permits/title-v-petition-database.

FOR FURTHER INFORMATION CONTACT: Danny Marcus, Environmental Engineer, 
Air Permits Section, Air Programs Branch (AR-18J), Environmental 
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, 
Illinois 60604, (312) 353-8781, [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 under title V of the CAA. Section 
505(b)(2) of the CAA authorizes any person to petition the EPA 
Administrator to object to a title V operating permit within 60 days 
after the expiration of EPA's 45-day review period if EPA has not 
objected on its own initiative. 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 unless the grounds for the issues arose 
after this period.
    EPA received the Petition from Sierra Club, Respiratory Health 
Association and Environmental Law and Policy Center, dated August 5, 
2016, requesting that EPA object to the issuance of operating permit 
no. 95090047 issued by IEPA to Midwest Generation for the Waukegan 
Generating Station located in Waukegan, Lake County, Illinois. The 
Petition alleged that the permit lacked a compliance schedule for 
opacity violations, had improper involvement of outside entities, 
contained inadequate monitoring of material handling processes, 
contained inadequate testing and evaluations of air emissions from 
boilers, and lacked adequate recordkeeping for opacity emissions 
exceedances.
    On September 15, 2020, the EPA Administrator issued an Order 
denying the Petition. The Order explains the basis for EPA's decision.
    Sections 307(b) and 505(b)(2) of the CAA provide that a petitioner 
may request judicial review of those portions of an order that deny 
issues in a petition. Any petition for review of the Administrator's 
September 15, 2020 Order shall be filed in the United States Court of 
Appeals for the appropriate circuit no later than December 21, 2020.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: October 19, 2020.
Kurt Thiede,
Regional Administrator, Region 5.
[FR Doc. 2020-23465 Filed 10-21-20; 8:45 am]
BILLING CODE 6560-50-P