[Federal Register Volume 87, Number 201 (Wednesday, October 19, 2022)]
[Notices]
[Pages 63493-63494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22665]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-10280-01-R8]


Clean Air Act Operating Permit Program; Petition for Objection to 
State Operating Permit for Hunter Power Plant (Emery County, Utah)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final order on petition to object to state operating 
permit.

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SUMMARY: The EPA Administrator signed an order dated September 27, 
2022, denying the petition submitted by the Sierra Club requesting that 
EPA object to the issuance of the Clean Air Act (CAA) title V operating 
permit (no. 1500101004) issued to the PacifiCorp Hunter Power Plant in 
Castle Dale, Emery County, Utah, by the Utah Department of 
Environmental Quality, Division of Air Quality (UDAQ). The September 
27, 2022 Order responds to Sierra Club's January 14, 2022 petition 
regarding title V operating permit no. 1500101004 (2021 Permit). The 
Order constitutes final action on the petition.

ADDRESSES: You may review copies of the Order and petition 
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: Daniel Fagnant, Air Permitting and 
Monitoring Branch (8ARD-PM), EPA Region 8, 1595 Wynkoop Street, Denver, 
Colorado, 80202-1129. Phone number: (303) 312-6927, email address: 
[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, 2020, and 2021 operating permits for the Hunter 
Power Plant. Among other things, the Sierra Club claims that the 
operating permit is deficient because it does not include Prevention of 
Significant Deterioration (PSD) permitting requirements. More 
specifically, the Sierra Club asserts that the operating permit should 
include Best Achievable Control Technology requirements for nitrogen 
oxide, sulfur dioxide and particulate matter, terms and conditions 
necessary to adequately protect national ambient air quality standards, 
and PSD increments. 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 responded to the 
Tenth Circuit's decision, replaced the vacated portion of EPA's 2017 
Order, and separately responded to the 2020 Petition. On October 1, 
2021, UDAQ transmitted a proposed permit to EPA for the Agency's 45-day 
review. EPA did not object during this period. On November 19, 2021, 
UDAQ finalized the Permit. On January 14, 2022, the Sierra Club filed 
the Petition that this order responds to.
    On September 27, 2022, the Administrator issued an Order denying 
the January 14, 2022 Petition. The Order explains EPA's basis for 
denying the petition.


[[Page 63494]]


    Dated: October 13, 2022.
KC Becker,
Regional Administrator, Region 8.
[FR Doc. 2022-22665 Filed 10-18-22; 8:45 am]
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