[Federal Register Volume 87, Number 246 (Friday, December 23, 2022)]
[Notices]
[Page 78960]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27900]



[[Page 78960]]

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ENVIRONMENTAL PROTECTION AGENCY

[Petition IV-2021-11; FRL-10424-01-R4]


Clean Air Act Operating Permit Program; Petition for Objection to 
State Operating Permit for University of North Carolina at Chapel Hill 
(Orange County, North Carolina)

AGENCY: Environmental Protection Agency (EPA).

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

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SUMMARY: The Environmental Protection Agency (EPA) Administrator signed 
an Order, dated November 8, 2022, denying the petition submitted by the 
Center for Biological Diversity, Sierra Club, and the Town of Carrboro, 
North Carolina (Petitioners), objecting to a proposed Clean Air Act 
(CAA) title V operating permit issued to the University of North 
Carolina at Chapel Hill (Permittee) located in Orange County, North 
Carolina. The Order responds to an October 1, 2021, petition requesting 
that the EPA object to the final operating permit no. 03069T36. The 
title V permit was issued by the North Carolina Department of 
Environmental Quality, Division of Air Quality (DAQ). The Order 
constitutes a final action on the petition addressed therein.

ADDRESSES: Copies of the Order, the petition, and all pertinent 
information relating thereto are on file at the following location: EPA 
Region 4; Air and Radiation Division; 61 Forsyth Street SW, Atlanta, 
Georgia 30303-8960. The Order is also available electronically at the 
following address: https://www.epa.gov/system/files/documents/202211/UNC%20Cogeneration%20Order_11-8-22.pdf.

FOR FURTHER INFORMATION CONTACT: Art Hofmeister, Air Permits Section, 
EPA Region 4, at (404) 562-9115 or [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 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 the 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 
this period. Pursuant to sections 307(b) and 505(b)(2) of the CAA, a 
petition for judicial review of those parts 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 
notice is published in the Federal Register.
    Petitioners submitted a petition requesting that the EPA object to 
the proposed CAA title V operating permit no. 03069T36 issued by DAQ to 
the Permittee. Petitioners' claims include that the permit: fails to 
include emission limits that assure compliance with the national 
ambient air quality standards for sulfur dioxide (SO2) and 
nitrogen dioxide; and fails to include monitoring, recordkeeping, and 
reporting provisions to assure compliance with SO2, 
particulate matter, and visible emissions limits.
    On November 8, 2022, the Administrator issued an Order denying the 
petition. The Order explains the EPA's bases for denying the petition.

    Dated: December 16, 2022.
Daniel Blackman,
Regional Administrator, Region 4.
[FR Doc. 2022-27900 Filed 12-22-22; 8:45 am]
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