[Federal Register Volume 86, Number 38 (Monday, March 1, 2021)]
[Notices]
[Pages 11999-12000]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04127]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-10020-66-Region 8]


Clean Air Act Operating Permit Program: Petitions for Objection 
to State Operating Permit for Hunter Power Plant (Emery County, Utah) 
and State Operating Permit for Coyote Station Power Plant (Mercer 
County, North Dakota)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final orders on petitions to object to state 
operating permits.

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[[Page 12000]]

SUMMARY: The EPA Administrator signed orders, dated January 13, 2021, 
and January 15, 2021, denying the petitions submitted on separate 
permitting actions in Utah and North Dakota, respectively. The January 
13, 2021 Order pertains to two petitions submitted by the Sierra Club 
requesting that EPA object to the issuance of the Clean Air Act (CAA) 
title V operating permit issued to the Hunter Power Plant in Castle 
Dale, Emery County, Utah, by the Utah Department of Environmental 
Quality, Division of Air Quality (UDAQ). The January 13, 2021 Order 
responds to Sierra Club's April 11, 2016 petition regarding title V 
operating permit # 1500101002 (2016 Permit), and Sierra Club's October 
20, 2020 petition regarding title V operating permit # 1500101004 (2020 
Permit). The January 15, 2021 Order responds to petitions submitted by 
Casey and Julie Voigt requesting that EPA object to the title V 
operating permit issued to the Coyote Station Power Plant in Beulah, 
Mercer County, North Dakota, by the North Dakota Department of 
Environmental Quality (NDDEQ).
    The Orders constitute final actions on the petitions.

ADDRESSES: You may review copies of the Orders and petitions 
electronically at https://www.epa.gov/title-v-operating-permits/title-v-petition-database. To reduce the risk of COVID-19 transmission, for 
this action we do not plan to offer hard copy review of these documents 
or other supporting information. Please email or call the person listed 
in the FOR FURTHER INFORMATION CONTACT section if you need to make 
alternative arrangements for access to the documents.

FOR FURTHER INFORMATION CONTACT: Gail Fallon, Air Permitting and 
Monitoring Branch (8ARD-PM), EPA Region 8, 1595 Wynkoop Street, Denver, 
Colorado, 80202-1129. Phone: (303) 312-6281. Email: 
[email protected].

SUPPLEMENTARY INFORMATION: The CAA affords EPA a 45-day period to 
review and, as appropriate, the authority to object to operating 
permits proposed by state permitting authorities under title V of the 
CAA, 42. U.S.C. 7661-7661f. Section 505(b)(2) of the CAA and 40 CFR 
70.8(d) authorize 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 the grounds for the issues arose after this period. 
Pursuant to sections 307(b) and 505(b)(2) of the Act, a petition for 
judicial review of those portions of the Order that deny issues in the 
petition may be filed in the United States Court of Appeals for the 
appropriate circuit within 60 days from the date this document appears 
in the Federal Register.

State Operating Permit for Hunter Power Plant (Emery County, Utah)

    EPA received petitions from the Sierra Club, requesting that EPA 
object to the 2016 Permit and the 2020 Permit for the Hunter Power 
Plant. Among other things, the Sierra Club claims that the 2016 and 
2020 Permits are deficient because they do not include Prevention of 
Significant Deterioration (PSD) permitting requirements. More 
specifically, the Sierra Club asserts that Best Achievable Control 
Technology requirements as well as terms and conditions necessary to 
adequately protect national ambient air quality standards and PSD 
increments are required. EPA denied the 2016 petition on October 16, 
2017; however, the Sierra Club sought judicial review of a portion of 
the 2017 Order in the United States Court of Appeals for the Tenth 
Circuit. On July 2, 2020, the Tenth Circuit issued a decision vacating 
and remanding the 2017 Order. EPA's January 13, 2021 Order responds to 
the Tenth Circuit's decision, replaces the vacated portion of EPA's 
2017 Order, and separately responds to the 2020 Petition.
    On January 13, 2021, the Administrator issued an Order denying the 
petitions, but directing UDAQ to reopen the 2020 Permit for cause.

State Operating Permit for Coyote Station Power Plant (Mercer County, 
North Dakota)

    EPA received petitions from the Voigts, requesting that EPA object 
to the title V permit for the Coyote Station Power Plant. The Voigts 
allege that the permit fails to ensure compliance with applicable 
requirements under the CAA in that: (1) The Coyote Station Power Plant 
and the nearby Coyote Creek Mine should be considered a single source 
for title V and New Source Review preconstruction permitting purposes; 
and (2) the permit fails to include appropriate CAA requirements for 
the mine, the mine's coal processing plant, and the power plant. On 
January 15, 2021, the Administrator issued an Order denying the 
petition.
    The Orders issued on January 13, 2021, and January 15, 2021, 
explain EPA's basis for denying the petitions.

    Dated: February 23, 2021.
Debra Thomas,
Acting Regional Administrator, Region 8.
[FR Doc. 2021-04127 Filed 2-26-21; 8:45 am]
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