[Federal Register Volume 75, Number 73 (Friday, April 16, 2010)]
[Notices]
[Pages 19968-19969]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-8773]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-9138-4]
Clean Air Act Operating Permit Program; Petition for Objection to
State Operating Permit for Public Service Company of Colorado--Hayden
Station
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of final action.
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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 issued by the Colorado Department of Public Health and
Environment (CDPHE). Specifically, the Administrator has partially
granted and partially denied the March 10, 2009 Petition, submitted by
WildEarth Guardians (Petitioner), to object to CDPHE's April 1, 2009
title V permit issued to Public Service Company of Colorado dba Xcel
Energy (Xcel)--Hayden Power Station.
Pursuant to section 505(b)(2) of the Clean Air Act (Act),
Petitioners may seek judicial review of those portions of the
petitions, which EPA denied in the United States Court of Appeals for
the appropriate circuit. 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 8 Office, 1595 Wynkoop
Street, Denver, Colorado, 80202-1129. EPA requests that if at all
possible, you contact the individual listed in the FOR FURTHER
INFORMATION CONTACT section to view the copies of the final order, the
petition, and other supporting information. You may view the hard
copies Monday through Friday, 8 a.m. to 4 p.m., excluding Federal
holidays. If you wish to examine these documents, you should make an
appointment at least 24 hours before visiting day. Additionally, the
final order for Public Service Company of Colorado--Hayden Power
Station, is available electronically at:
http://www.epa.gov/region07/air/title5/petitiondb/petitions/xcel_hayden_decision2009.pdf.
FOR FURTHER INFORMATION CONTACT: Donald Law, Office of Partnerships and
Regulatory Assistance, EPA Region 8, 1595 Wynkoop Street, Denver,
Colorado, 80202-1129, (303) 312-7015, [email protected].
SUPPLEMENTARY INFORMATION: The Act affords EPA a 45-day period to
review and object to, as appropriate, a title V operating permit
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 this review period, to object to a title V
operating permit 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.
EPA received a petition from WildEarth Guardians dated March 10,
2009, requesting that EPA object to the issuance of the title V
operating permit to Public Service Company of Colorado for the
operation of the Hayden Power Station. The Petitioner alleges that the
[[Page 19969]]
Hayden Power Station permit does not comply with 40 CFR part 70 in
that: (I) the title V permit fails to require compliance with
particulate matter limits; and (II) the title V permit fails to ensure
compliance with Prevention of Significant Deterioration (PSD)
requirements in regard to carbon dioxide emissions.
On March 24, 2010, the Administrator issued an order partially
granting and partially denying the petition. The order explains the
reasons behind EPA's conclusions.
Dated: April 7, 2010.
Carol L. Campbell,
Acting Regional Administrator, Region 8.
[FR Doc. 2010-8773 Filed 4-15-10; 8:45 am]
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