SUPPLEMENTARY INFORMATION:

The CAA affords EPA a 45-day period to review and object to, as appropriate, operating permits proposed by state permitting authorities under title V of the CAA. Section 505(b)(2) of the CAA authorizes any person to petition the EPA Administrator to object to a title V operating permit within 60 days after the expiration of EPA's 45-day review period if 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 unless the grounds for the issues arose after this period.

EPA received the Petition from Sierra Club, Respiratory Health Association and Environmental Law and Policy Center, dated August 5, 2016, requesting that EPA object to the issuance of operating permit no. 95090047 issued by IEPA to Midwest Generation for the Waukegan Generating Station located in Waukegan, Lake County, Illinois. The Petition alleged that the permit lacked a compliance schedule for opacity violations, had improper involvement of outside entities, contained inadequate monitoring of material handling processes, contained inadequate testing and evaluations of air emissions from boilers, and lacked adequate recordkeeping for opacity emissions exceedances.

On September 15, 2020, the EPA Administrator issued an Order denying the Petition. The Order explains the basis for EPA's decision.

Sections 307(b) and 505(b)(2) of the CAA provide that a petitioner may request judicial review of those portions of an order that deny issues in a petition. Any petition for review of the Administrator's September 15, 2020 Order shall be filed in the United States Court of Appeals for the appropriate circuit no later than December 21, 2020.

Authority: 42 U.S.C. 7401 et seq.

85 FR 67348