[Federal Register: November 1, 2005 (Volume 70, Number 210)]
[Notices]
[Page 65898-65899]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01no05-51]
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ENVIRONMENTAL PROTECTION AGENCY
[Regional Docket No. V-2004-5, FRL-7991-9]
Clean Air Act Operating Permit Program; Petition for Objection to
State Operating Permits for Midwest Generation Waukegan Station
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of final orders on petitions to object to a state
operating permit.
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SUMMARY: This document announces that the EPA Administrator has
responded to a citizen petition asking EPA to object to an operating
permit proposed by the Illinois Environmental Protection Agency (IEPA).
Specifically, the Administrator has partially granted and partially
denied the petition submitted by the Lake County Conservation Alliance
to object to the proposed operating permit for the Midwest Generation
Waukegan station.
Pursuant to section 505(b)(2) of the Clean Air Act (Act),
Petitioner may seek judicial review in the United States Court of
Appeals for the appropriate circuit of those portions of the petition
which EPA denied. Any petition for review shall be filed within 60 days
from the date this notice appears in the Federal Register, pursuant to
section 307 of the Act.
ADDRESSES: You may review copies of the final orders, the petitions,
and other supporting information at the EPA Region 5 Office, 77 West
Jackson Boulevard, Chicago, Illinois 60604. If you wish to examine
these documents, you should make an appointment at least 24 hours
before visiting day. Additionally, the final order for the Midwest
Generation Waukegan station is available electronically at: http://www.epa.gov/region07/programs/artd/air/title5/petitiondb/petitiondb2004.htm
.
FOR FURTHER INFORMATION CONTACT: Pamela Blakley, Chief, Air Permitting
Section, Air Programs Branch, Air and Radiation Division, EPA, Region
5, 77 West Jackson Boulevard, Chicago, Illinois 60604, telephone (312)
886-4447.
SUPPLEMENTARY INFORMATION: The Act affords EPA a 45-day period to
review,
[[Page 65899]]
and object to as appropriate, operating permits proposed by state
permitting authorities. Section 505(b)(2) of the Act authorizes any
person to petition the EPA Administrator within 60 days after the
expiration of the EPA review period to object to state operating
permits if EPA has not done so. 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.
On January 29, 2004, the EPA received from the Lake County
Conservation Alliance a petition requesting that EPA object to the
proposed title V operating permit for the Midwest Generation Waukegan
station. The petition raises issues regarding the permit issuance
process and the permit itself. The Lake County Conservation Alliance
alleged that the proposed permit (1) is legally inadequate because it
does not impose an enforceable schedule to remedy non-compliance; (2)
inappropriately provides for a permit shield that allows excess
emissions during startup and malfunction, contrary to EPA policy; (3)
fails to include applicable requirements; (4) fails to comply with the
public notice requirements of the Act; (5) contains an inadequate
statement of basis; (6) contains conditions that are not practically
enforceable; (7) lacks adequate recordkeeping and recording
requirements; (8) lacks origin and authority for each permit condition;
(9) lacks adequate monitoring; and (10) is legally inadequate because
it lacks the requirement to submit a compliance certification
containing other such facts as IEPA may require to determine
compliance.
On September 22, 2005, the Administrator issued an order partially
granting and partially denying the petition. The order explains the
reasons behind EPA's conclusion that the IEPA must: (1) Address in the
permit record the Petitioner's comment regarding opacity exceedances;
(2) determine if pre-existing state operating permit conditions are
requirements with which Waukegan must comply, and either include the
applicable requirements in the Title V permit, or explain in the
statement of basis its reasoning for not including the requirements;
(3) reopen the Waukegan permit (including a notice to the public
stating the activities involved in the permit action) and make
available to the public an adequate statement of basis which explains,
among other things the reasons for each change to the state
implementation plan (SIP) or construction permit terms. These
explanations must be provided for any federally enforceable permit
terms that have been newly established, modified, streamlined or
deleted in the permit action; (4) remove ``operational condition'' and
``operating parameters'' from the permit or define the terms; (5)
remove ``reasonable steps'' from the permit or define or provide
criteria to determine ``reasonable steps'' that meet the requirements
of the SIP; (6) either develop criteria for determining the normal
range or develop another means to monitor compliance with the
particulate matter (PM) emission limitations; (7) include a specific
opacity limit or a method for determining an opacity limit that would
correlate the results of the PM testing and the opacity limit in a
manner that assures compliance with the PM limit, and incorporate into
the permit specific operational limits (upper level or lower level)
and/or operational ranges or a method for determining the ranges; and,
(8) set a date that is as early as possible in the permit term by which
Waukegan must conduct PM testing for use in establishing opacity
monitoring and electrostatic precipitator parametric measures so that
the permit includes appropriate monitoring conditions that are in
effect during the permit term and assures compliance with the PM
emission limitations for the coal-fired boilers for the entire term of
the permit. The order also explains the reasons for denying Lake County
Conservation Alliance's remaining claims.
Dated: October 14, 2005.
Bharat Mathur,
Acting Regional Administrator, Region 5.
[FR Doc. 05-21754 Filed 10-31-05; 8:45 am]
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