[Federal Register Volume 88, Number 42 (Friday, March 3, 2023)]
[Notices]
[Page 13444]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04391]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-10635-01-R9]


Clean Air Act Operating Permit; Apache County, Arizona; Petition 
for Objection to State Operating Permit for Springerville Generating 
Station

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 January 19, 2023, denying the petition to object to a 
Clean Air Act (CAA) title V operating permit issued to the Tuscon 
Electric Power Company Springerville Generating Station located in 
Apache County, Arizona. The Order responds to a June 20, 2022 petition 
submitted by the Sierra Club and the National Parks Conservation 
Association (the ``Petitioners'') requesting that the EPA object to the 
final operating permit No. 65614 issued by the Arizona Department of 
Environmental Quality (ADEQ). The Order constitutes a final action on 
the petition addressed therein.

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 
March 3, 2023.

ADDRESSES: Copies of the petitions and Orders 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 IX, 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 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 permitting authority, 
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 closed.
    On June 20, 2022, the Petitioners submitted a petition to the EPA 
pursuant to section 505(b)(2) of the CAA and 40 CFR 70.8(d). The 
petition requested that the EPA object to significant permit revision 
No. 91093 to the CAA title V operating permit issued by the ADEQ for 
Tuscon Electric Power Company Springerville Generating Station (Permit 
No. 65614) in Apache County, Arizona. On January 19, 2023, the 
Administrator issued an Order denying the petition.
    The Order provides additional information, including a summary of 
the claims raised and the EPA's bases for denying the claims raised by 
the Petitioners. Please see the ADDRESSES section above to access a 
copy of the Order.

    Dated: February 23, 2023.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2023-04391 Filed 3-2-23; 8:45 am]
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