82 FR 58196 - Clean Air Act Operating Permit Program; Petition for Objection to State Operating Permit for PacifiCorp Energy-Hunter Power Plant (Emery County, Utah)

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 236 (December 11, 2017)

The EPA Administrator signed an order, dated October 16, 2017, denying the petition submitted by the Sierra Club (Petitioner) objecting to the proposed Clean Air Act (CAA) title V operating permit issued to PacifiCorp Energy. The Order responds to the April 11, 2016 petition objecting to the proposed title V operating permit #1500101002 (Hunter Permit) issued by the Utah Department of Environmental Quality, Division of Air Quality (UDAQ) for the Hunter Power Plant in Castle Dale, Emery County, Utah. The Order constitutes a final action on the petition.

[Federal Register Volume 82, Number 236 (Monday, December 11, 2017)]
[Notices]
[Pages 58196-58197]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-26623]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9971-26--Region 8]


Clean Air Act Operating Permit Program; Petition for Objection to 
State Operating Permit for PacifiCorp Energy--Hunter Power Plant (Emery 
County, Utah)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final order on a petition to object to a state 
operating permit.

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SUMMARY: The EPA Administrator signed an order, dated October 16, 2017, 
denying the petition submitted by the Sierra Club (Petitioner) 
objecting to the proposed Clean Air Act (CAA) title V operating permit 
issued to PacifiCorp Energy. The Order responds to the April 11, 2016 
petition objecting to the proposed title V operating permit #1500101002 
(Hunter Permit) issued by the Utah Department of Environmental Quality, 
Division of Air Quality (UDAQ) for the Hunter Power Plant in Castle 
Dale, Emery County, Utah. The Order constitutes a final action on the 
petition.

ADDRESSES: You may review copies of the Order, the petition, and other 
supporting information at the EPA Region 8 Office, 1595 Wynkoop Street, 
Denver, Colorado 80202-1129. The EPA requests that if at all possible, 
you contact the individual listed in the FOR FURTHER INFORMATION 
CONTACT section to view these documents. You may view the hard copies 
Monday through Friday, 8 a.m. to 4 p.m., excluding federal holidays. 
The Order is also available electronically at: https://www.epa.gov/title-v-operating-permits/title-v-petition-database.

FOR FURTHER INFORMATION CONTACT: Patrick Wauters, Air Program (8P-AR), 
EPA Region 8, 1595 Wynkoop Street,

[[Page 58197]]

Denver, Colorado 80202-1129, (303) 312-6114, [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 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 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. Pursuant to sections 307(b) and 505(b)(2) of the Act, a 
petition for judicial review of those portions of the Order that deny 
issues in the petition may be filed in the United States Court of 
Appeals for the appropriate circuit within 60 days from the date this 
notice appears in the Federal Register.
    The EPA received a petition from the Petitioner, requesting that 
the EPA object to the proposed Hunter Permit for the Hunter Power 
Plant. The petitioner alleges that the Hunter Permit fails to ensure 
compliance with applicable requirements under the CAA in that: (1) The 
permit fails to include Prevention of Significant Deterioration (PSD) 
requirements; (2) the permit includes Plantwide Applicability Limits 
that are unlawful and invalid; (3) the permit fails to include 
unpermitted Approval Order Modifications in 2010, including Best 
Achievable Control Technology (BACT) requirements; (4) the permit fails 
to include 2010 PSD requirements, including BACT, for oxides of 
nitrogen; and (5) UDAQ failed to respond to the Petitioner's comments.
    On October 16, 2017, the Administrator issued an Order denying the 
petition. The Order explains the EPA's basis for denying the petition.

    Dated: November 27, 2017.
Douglas H. Benevento,
Regional Administrator, Region 8.
[FR Doc. 2017-26623 Filed 12-8-17; 8:45 am]
 BILLING CODE 6560-50-P