[Federal Register Volume 74, Number 127 (Monday, July 6, 2009)]
[Notices]
[Pages 31941-31942]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-15806]


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ENVIRONMENTAL PROTECTION AGENCY

[Regional Docket Nos. V-2007-1, FRL-8926-6]


Clean Air Act Operating Permit Program; Petition for Objection to 
State Operating Permit for WE Energies Oak Creek Station

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final order on petition to object to Clean Air Act 
(Act) operating permit.

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SUMMARY: This document announces that the EPA Administrator has 
responded to a petition asking EPA to object to an operating permit 
issued by the Wisconsin Department of Natural Resources (WDNR). 
Specifically, the Administrator granted in part and denied in part the 
petition submitted by the Sierra Club to object to the operating permit 
for WE Energies Oak Creek Station (Oak Creek).
    Pursuant to section 505(b)(2) of the Act, a Petitioner may seek in 
the United States Court of Appeals for the appropriate circuit judicial 
review of those portions of a 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 order, the petition, 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 Oak Creek 
petition is available electronically at: http://www.epa.gov/region07/

[[Page 31942]]

programs/artd/air/title5/petitiondb/petitiondb.htm.

FOR FURTHER INFORMATION CONTACT: Pamela Blakley, Chief, Air Permits 
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, and object, as appropriate, to 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 a state operating 
permit if EPA has not done so. A petition 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 issues 
during the comment period, or the grounds for the issues arose after 
this period.
    On August 23, 2007, EPA received a petition from the Sierra Club 
requesting that EPA object to the Title V operating permit for Oak 
Creek. The Petitioner alleges that the permit is not in compliance with 
the requirements of the Act. Specifically, the Petitioner alleges that: 
(1) The permit must include a compliance schedule; (2) the permit 
application contains a false certification of compliance; (3) the 
permit application does not contain sufficient information to determine 
the applicability of the Prevention of Significant Deterioration 
program; (4) physical changes to the boilers at units 5 and 6 are 
subject to lower particulate matter (PM) emissions limits than are 
contained in the permit; (5) the permit must establish compliance 
demonstration requirements that ensure continuous compliance with 
emissions limits; (6) the facility's Compliance Assurance Monitoring 
(CAM) plan is deficient; (7) the facility's CAM plan ignores 
condensable PM; (8) the permit illegally exempts Oak Creek from 
applicable limits during start-up, shutdown, and malfunction; (9) plans 
referenced in the permit must be included in the permit and made 
available for public comment; and (10) the permit must require that the 
source submit all monitoring data and recordkeeping to the WDNR. On 
June 12, 2009, the Administrator issued an order granting the Oak Creek 
petition in part, and denying it in part. The order explains the 
reasons behind EPA's conclusion.

    Dated: June 24, 2009.
Walter W. Kovalick Jr.,
Acting Regional Administrator, Region 5.
[FR Doc. E9-15806 Filed 7-2-09; 8:45 am]
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