[Federal Register Volume 86, Number 140 (Monday, July 26, 2021)]
[Notices]
[Page 40045]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15842]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8700-01-R9]


Clean Air Act Operating Permit Program: Petition To Object to 
Operating Permits for the Drews and Century Power Generating Facilities 
in Southern California

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final action.

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SUMMARY: The Environmental Protection Agency (EPA) Administrator signed 
an Order, dated May 10, 2021, denying a petition to object to Clean Air 
Act (CAA) title V operating permits issued to two facilities by the 
South Coast Air Quality Management District (SCAQMD). The EPA's May 10, 
2021 Order responds to a November 24, 2020 petition submitted by the 
Sierra Club and the Center for Community Action and Environmental 
Justice (the ``Petitioners''). The Petitioners requested that the EPA 
object to the issuance of two title V renewal operating permits issued 
to Colton Power, LP's Drews Power Generating Station and Century Power 
Generating Station, located in San Bernardino County, California. The 
Order constitutes final action on the petition requesting the 
Administrator object to the issuance of the proposed CAA title V 
permits.

DATES: Pursuant to section 307(b)(1) of the Clean Air Act, 42 U.S.C. 
7607(b)(1), judicial review of this final agency action, to the extent 
it is available, may be sought by filing a petition for review in the 
United States Court of Appeals for the Ninth Circuit within 60 days of 
July 26, 2021.

ADDRESSES: Copies of the petition and Order are available at https://www.epa.gov/title-v-operating-permits/title-v-petition-database. For 
additional information, please contact the person identified in the FOR 
FURTHER INFORMATION CONTACT section.


FOR FURTHER INFORMATION CONTACT: Lisa Beckham, EPA Region 9, 75 
Hawthorne Street (AIR-3-1), San Francisco, California 94105. By phone 
at (415) 972-3811, or by email at [email protected].

SUPPLEMENTARY INFORMATION: The CAA affords the EPA a 45-day period to 
review and, as appropriate, the authority to object to operating 
permits proposed by state and local 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 the 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 the comment 
period.
    On November 24, 2020, the EPA received a petition requesting that 
the EPA object to the CAA title V renewal permits for Colton Power, 
LP's Drews Power Generating Station (Facility ID No. 182561) and 
Century Power Generating Station (Facility ID No. 182563) 
(``Permits''). The Petitioners claim that the Permits must be revised 
to include the more stringent oxides of nitrogen (NOX) 
emissions limit in a recently amended version of local SCAQMD Rule 
1134. The NOX emissions limit has a compliance date of 
January 1, 2024 and the Petitioners argued that the Permits must be 
revised now because the compliance date occurs before the expiration of 
the Permits. The Petitioners further argued that if the operator has 
not yet chosen one of the two compliance options from the local rule, 
then the SCAQMD must revise the Permits to include both compliance 
options.
    The EPA denied the petition because the Petitioners failed to 
demonstrate that the recently amended version of SCAQMD Rule 1134 is an 
applicable requirement as defined in 40 CFR 70.2 The Order provides 
additional information, including the EPA's detailed basis for denying 
the petition.

    Dated: July 8, 2021.
Elizabeth Adams,
Acting Regional Administrator, Region IX.
[FR Doc. 2021-15842 Filed 7-23-21; 8:45 am]
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