80 FR 63993 - Proposed Settlement Agreement

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 204 (October 22, 2015)

Page Range		63993-63994
FR Document		2015-26919

In accordance with section 113(g) of the Clean Air Act (the ``Act''), 42 U.S.C. 7413(g), notice is hereby given of a proposed settlement agreement to resolve two cases filed by the WildEarth Guardians (``Guardians'') and Sierra Club involving EPA actions under the CAA Title V operating permit program. On January 7, 2015, Guardians and Sierra Club filed petitions with the Environmental Appeal Board (``EAB'') challenging a Part 71 Operating Permit issued by EPA Region 8 on December 5, 2014, to Deseret Power Cooperative (``Deseret'') to operate the Bonanza Power Plant (``Bonanza Plant'') (In re Deseret Power Cooperative Bonanza Power Plant, CAA Appeal Nos. 15-1, 15-2). Under the proposed settlement agreement, Deseret would submit an application for a minor New Source Review (NSR) permit to implement the specific terms of the agreement; and EPA would draft and provide for public notice of the proposed permit.

Federal Register, Volume 80 Issue 204 (Thursday, October 22, 2015)

[Federal Register Volume 80, Number 204 (Thursday, October 22, 2015)]
[Notices]
[Pages 63993-63994]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-26919]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OGC-2015-0678; FRL 9936-07-OGC]


Proposed Settlement Agreement

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed settlement agreement; request for public 
comment.

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SUMMARY: In accordance with section 113(g) of the Clean Air Act (the 
``Act''), 42 U.S.C. 7413(g), notice is hereby given of a proposed 
settlement agreement to resolve two cases filed by the WildEarth 
Guardians (``Guardians'') and Sierra Club involving EPA actions under 
the CAA Title V operating permit program. On January 7, 2015, Guardians 
and Sierra Club filed petitions with the Environmental Appeal Board 
(``EAB'') challenging a Part 71 Operating Permit issued by EPA Region 8 
on December 5, 2014, to Deseret Power Cooperative (``Deseret'') to 
operate the Bonanza Power Plant (``Bonanza Plant'') (In re Deseret 
Power Cooperative Bonanza Power Plant, CAA Appeal Nos. 15-1, 15-2). 
Under the proposed settlement agreement, Deseret would submit an 
application for a minor New Source Review (NSR) permit to implement the 
specific terms of the agreement; and EPA would draft and provide for 
public notice of the proposed permit.

DATES: Written comments on the proposed settlement agreement must be 
received by November 23, 2015.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2015-0678 online at www.regulations.gov (EPA's preferred method); 
by email to [email protected]; by mail to EPA Docket Center, 
Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania 
Ave. NW., Washington, DC 20460-0001; or by hand delivery or courier to 
EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave. NW., 
Washington, DC, between 8:30 a.m. and 4:30 p.m. Monday through Friday, 
excluding legal holidays. Comments on a disk or CD-ROM should be 
formatted in Word or ASCII file, avoiding the use of special characters 
and any form of encryption, and may be mailed to the mailing address 
above.

FOR FURTHER INFORMATION CONTACT: Sara L. Laumann, Office of Regional 
Counsel, EPA Region 8, 1595 Wynkoop Street, Denver CO 80202-2466; 
telephone: (303) 312-6443; fax number: (303) 312-6859; email address: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Settlement Agreement

    The proposed settlement agreement would resolve two cases filed by 
the WildEarth Guardians (``Guardians'') and Sierra Club involving EPA 
actions under the CAA Title V operating permit program. On January 7, 
2015, Guardians and Sierra Club filed petitions with the Environmental 
Appeal Board (``EAB'') challenging a Part 71 Operating Permit issued by 
EPA Region 8 on December 5, 2014, to Deseret Power Cooperative 
(``Deseret'') to operate the Bonanza Power Plant (``Bonanza Plant''), a 
500-megawatt coal-fired power plant located within the exterior 
boundaries of the Uintah and Ouray Indian Reservation in Utah. Under 
the proposed settlement agreement, Deseret would submit an application 
for a minor New Source Review (NSR) permit which would provide for 
installation of low NOX burners with over-fire air controls, 
along with other operator-requested permit terms and conditions. The 
agreement also provides that if EPA Region 8 issues a final permit with 
provisions that are consistent with the settlement agreement: (1) 
Petitioners would file motions to dismiss the EAB appeals; (2) EPA 
would withdraw a proposed Prevention of Significant Deterioration 
Permit for the facility; (3) Deseret would withdraw an outstanding 
permit application; and (4) Deseret and Sierra Club would withdraw 
their respective and related FOIA requests. Under the agreement EPA 
would also state its plan to withdraw a proposed Prevention of 
Significant Deterioration Permit for the Plant. The proposed settlement 
agreement also provides that nothing in the agreement shall be 
construed to limit or modify any discretion afforded EPA by the Act or 
by general principles of administrative law in taking those actions. 
See the proposed settlement agreement for specific details.
    For a period of thirty (30) days following the date of publication 
of this notice, the Agency will accept written comments relating to the 
proposed settlement agreement from persons who

[[Page 63994]]

were not named as parties or interveners to the litigation in question. 
EPA may withdraw or withhold consent to the proposed settlement 
agreement if the comments disclose facts or considerations that 
indicate that such consent is inappropriate, improper, inadequate, or 
inconsistent with the requirements of the Act. Unless EPA determines 
that consent to this settlement agreement should be withdrawn, the 
terms of the agreement will be affirmed.

II. Additional Information About Commenting on the Proposed Settlement 
Agreement

A. How can I get a copy of the settlement agreement?

    The official public docket for this action (identified by Docket ID 
No. EPA-HQ-OGC-2015-0678) contains a copy of the proposed settlement 
agreement. The official public docket is available for public viewing 
at the Office of Environmental Information (OEI) Docket in the EPA 
Docket Center, EPA West, Room 3334, 1301 Constitution Ave. NW., 
Washington, DC. The EPA Docket Center Public Reading Room is open from 
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. The telephone number for the Public Reading Room is (202) 
566-1744, and the telephone number for the OEI Docket is (202) 566-
1752.
    An electronic version of the public docket is available through 
www.regulations.gov. You may use the www.regulations.gov to submit or 
view public comments, access the index listing of the contents of the 
official public docket, and to access those documents in the public 
docket that are available electronically. Once in the system, key in 
the appropriate docket identification number then select ``search.''
    It is important to note that EPA's policy is that public comments, 
whether submitted electronically or in paper, will be made available 
for public viewing online at www.regulations.gov without change, unless 
the comment contains copyrighted material, CBI, or other information 
whose disclosure is restricted by statute. Information claimed as CBI 
and other information whose disclosure is restricted by statute is not 
included in the official public docket or in the electronic public 
docket. EPA's policy is that copyrighted material, including 
copyrighted material contained in a public comment, will not be placed 
in EPA's electronic public docket but will be available only in 
printed, paper form in the official public docket. Although not all 
docket materials may be available electronically, you may still access 
any of the publicly available docket materials through the EPA Docket 
Center.

B. How and to whom do I submit comments?

    You may submit comments as provided in the ADDRESSES section. 
Please ensure that your comments are submitted within the specified 
comment period. Comments received after the close of the comment period 
will be marked ``late.'' EPA is not required to consider these late 
comments.
    If you submit an electronic comment, EPA recommends that you 
include your name, mailing address, and an email address or other 
contact information in the body of your comment and with any disk or 
CD-ROM you submit. This ensures that you can be identified as the 
submitter of the comment and allows EPA to contact you in case EPA 
cannot read your comment due to technical difficulties or needs further 
information on the substance of your comment. Any identifying or 
contact information provided in the body of a comment will be included 
as part of the comment that is placed in the official public docket, 
and made available in EPA's electronic public docket. If EPA cannot 
read your comment due to technical difficulties and cannot contact you 
for clarification, EPA may not be able to consider your comment.
    Use of the www.regulations.gov Web site to submit comments to EPA 
electronically is EPA's preferred method for receiving comments. The 
electronic public docket system is an ``anonymous access'' system, 
which means EPA will not know your identity, email address, or other 
contact information unless you provide it in the body of your comment. 
In contrast to EPA's electronic public docket, EPA's electronic mail 
(email) system is not an ``anonymous access'' system. If you send an 
email comment directly to the Docket without going through 
www.regulations.gov, your email address is automatically captured and 
included as part of the comment that is placed in the official public 
docket, and made available in EPA's electronic public docket.

    Dated: October 13, 2015.
Lorie J. Schmidt,
Associate General Counsel.
[FR Doc. 2015-26919 Filed 10-21-15; 8:45 am]
BILLING CODE 6560-50-P

Federal Register / Vol. 80, No. 204 / Thursday, October 22, 2015 / Notices 63993

DEPARTMENT OF ENERGY requirements, interventions, protests, a disk or CD–ROM should be formatted
service, and qualifying facilities filings in Word or ASCII file, avoiding the use
Federal Energy Regulatory can be found at: http://www.ferc.gov/ of special characters and any form of
Commission docs-filing/efiling/filing-req.pdf. For encryption, and may be mailed to the
other information, call (866) 208–3676 mailing address above.
Combined Notice of Filings #2 (toll free). For TTY, call (202) 502–8659. FOR FURTHER INFORMATION CONTACT: Sara
(October 9, 2015) L. Laumann, Office of Regional Counsel,
Nathaniel J. Davis, Sr.,
Take notice that the Commission EPA Region 8, 1595 Wynkoop Street,
Deputy Secretary.
received the following electric rate Denver CO 80202–2466; telephone:
[FR Doc. 2015–26798 Filed 10–21–15; 8:45 am]
filings: (303) 312–6443; fax number: (303) 312–
BILLING CODE P
Docket Numbers: ER12–309–007. 6859; email address: laumann.sara@
Applicants: Midcontinent epa.gov.
Independent System Operator, Inc. SUPPLEMENTARY INFORMATION:
Description: Compliance filing: 2015– ENVIRONMENTAL PROTECTION
10–09_Compliance Net Zero AGENCY I. Additional Information About the
Attachment X Filing to be effective 1/1/ Proposed Settlement Agreement
[EPA–HQ–OGC–2015–0678; FRL 9936–07–
2012. OGC] The proposed settlement agreement
Filed Date: 10/9/15. would resolve two cases filed by the
Accession Number: 20151009–5237. Proposed Settlement Agreement WildEarth Guardians (‘‘Guardians’’) and
Comments Due: 5 p.m. ET 10/30/15. Sierra Club involving EPA actions under
Docket Numbers: ER16–45–000. AGENCY: Environmental Protection the CAA Title V operating permit
Applicants: NorthWestern Agency (EPA). program. On January 7, 2015, Guardians
Corporation. ACTION: Notice of proposed settlement and Sierra Club filed petitions with the
Description: Initial rate filing: SA agreement; request for public comment. Environmental Appeal Board (‘‘EAB’’)
759—Agreement with Tessenderlo challenging a Part 71 Operating Permit
Kerley Services re Jupiter Sulphur SUMMARY: In accordance with section
issued by EPA Region 8 on December 5,
Project to be effective 10/10/2015. 113(g) of the Clean Air Act (the ‘‘Act’’),
2014, to Deseret Power Cooperative
Filed Date: 10/9/15. 42 U.S.C. 7413(g), notice is hereby given
(‘‘Deseret’’) to operate the Bonanza
Accession Number: 20151009–5231 of a proposed settlement agreement to
Power Plant (‘‘Bonanza Plant’’), a 500-
Comments Due: 5 p.m. ET 10/30/15. resolve two cases filed by the WildEarth
megawatt coal-fired power plant located
Docket Numbers: ER16–46–000. Guardians (‘‘Guardians’’) and Sierra
within the exterior boundaries of the
Applicants: PJM Interconnection, Club involving EPA actions under the
Uintah and Ouray Indian Reservation in
L.L.C. CAA Title V operating permit program.
Utah. Under the proposed settlement
Description: Section 205(d) Rate On January 7, 2015, Guardians and
agreement, Deseret would submit an
Filing: First Revised Interconnection Sierra Club filed petitions with the
application for a minor New Source
Service Agreement No. 3837, Queue No. Environmental Appeal Board (‘‘EAB’’)
Review (NSR) permit which would
X4–048 to be effective 9/14/2015. challenging a Part 71 Operating Permit
provide for installation of low NOX
Filed Date: 10/9/15. issued by EPA Region 8 on December 5,
burners with over-fire air controls, along
Accession Number: 20151009–5260. 2014, to Deseret Power Cooperative
with other operator-requested permit
Comments Due: 5 p.m. ET 10/30/15. (‘‘Deseret’’) to operate the Bonanza
terms and conditions. The agreement
Take notice that the Commission Power Plant (‘‘Bonanza Plant’’) (In re
also provides that if EPA Region 8
received the following land acquisition Deseret Power Cooperative Bonanza
issues a final permit with provisions
reports: Power Plant, CAA Appeal Nos. 15–1,
that are consistent with the settlement
15–2). Under the proposed settlement
Docket Numbers: LA15–3–000. agreement: (1) Petitioners would file
agreement, Deseret would submit an
Applicants: MidAmerican Energy motions to dismiss the EAB appeals; (2)
application for a minor New Source
Company. EPA would withdraw a proposed
Description: Quarterly Land Review (NSR) permit to implement the
Prevention of Significant Deterioration
Acquisition Report of MidAmerican specific terms of the agreement; and
Permit for the facility; (3) Deseret would
Energy Company, et al. EPA would draft and provide for public
withdraw an outstanding permit
Filed Date: 10/9/15. notice of the proposed permit.
application; and (4) Deseret and Sierra
Accession Number: 20151009–5111. DATES: Written comments on the Club would withdraw their respective
Comments Due: 5 p.m. ET 10/30/15. proposed settlement agreement must be and related FOIA requests. Under the
The filings are accessible in the received by November 23, 2015. agreement EPA would also state its plan
Commission’s eLibrary system by ADDRESSES: Submit your comments, to withdraw a proposed Prevention of
clicking on the links or querying the identified by Docket ID number EPA– Significant Deterioration Permit for the
docket number. HQ–OGC–2015–0678 online at Plant. The proposed settlement
Any person desiring to intervene or www.regulations.gov (EPA’s preferred agreement also provides that nothing in
protest in any of the above proceedings method); by email to oei.docket@ the agreement shall be construed to
must file in accordance with Rules 211 epa.gov; by mail to EPA Docket Center, limit or modify any discretion afforded
and 214 of the Commission’s Environmental Protection Agency, EPA by the Act or by general principles
Regulations (18 CFR 385.211 and Mailcode: 2822T, 1200 Pennsylvania of administrative law in taking those
tkelley on DSK3SPTVN1PROD with NOTICES

385.214) on or before 5:00 p.m. Eastern Ave. NW., Washington, DC 20460–0001; actions. See the proposed settlement
time on the specified comment date. or by hand delivery or courier to EPA agreement for specific details.
Protests may be considered, but Docket Center, EPA West, Room 3334, For a period of thirty (30) days
intervention is necessary to become a 1301 Constitution Ave. NW., following the date of publication of this
party to the proceeding. Washington, DC, between 8:30 a.m. and notice, the Agency will accept written
eFiling is encouraged. More detailed 4:30 p.m. Monday through Friday, comments relating to the proposed
information relating to filing excluding legal holidays. Comments on settlement agreement from persons who

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Document Created: 2015-12-14 15:34:02
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Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of proposed settlement agreement; request for public comment.
Dates		Written comments on the proposed settlement agreement must be received by November 23, 2015.
Contact		Sara L. Laumann, Office of Regional Counsel, EPA Region 8, 1595 Wynkoop Street, Denver CO 80202-2466;
FR Citation		80 FR 63993