Notice2021-15842
Clean Air Act Operating Permit Program: Petition To Object to Operating Permits for the Drews and Century Power Generating Facilities in Southern California
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 26, 2021
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) Administrator signed an Order, dated May 10, 2021, denying a petition to object to Clean Air Act (CAA) title V operating permits issued to two facilities by the South Coast Air Quality Management District (SCAQMD). The EPA's May 10, 2021 Order responds to a November 24, 2020 petition submitted by the Sierra Club and the Center for Community Action and Environmental Justice (the "Petitioners"). The Petitioners requested that the EPA object to the issuance of two title V renewal operating permits issued to Colton Power, LP's Drews Power Generating Station and Century Power Generating Station, located in San Bernardino County, California. The Order constitutes final action on the petition requesting the Administrator object to the issuance of the proposed CAA title V permits.
Full Text
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<title>Federal Register, Volume 86 Issue 140 (Monday, July 26, 2021)</title>
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[Federal Register Volume 86, Number 140 (Monday, July 26, 2021)]
[Notices]
[Page 40045]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-15842]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-8700-01-R9]
Clean Air Act Operating Permit Program: Petition To Object to
Operating Permits for the Drews and Century Power Generating Facilities
in Southern California
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of final action.
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SUMMARY: The Environmental Protection Agency (EPA) Administrator signed
an Order, dated May 10, 2021, denying a petition to object to Clean Air
Act (CAA) title V operating permits issued to two facilities by the
South Coast Air Quality Management District (SCAQMD). The EPA's May 10,
2021 Order responds to a November 24, 2020 petition submitted by the
Sierra Club and the Center for Community Action and Environmental
Justice (the ``Petitioners''). The Petitioners requested that the EPA
object to the issuance of two title V renewal operating permits issued
to Colton Power, LP's Drews Power Generating Station and Century Power
Generating Station, located in San Bernardino County, California. The
Order constitutes final action on the petition requesting the
Administrator object to the issuance of the proposed CAA title V
permits.
DATES: Pursuant to section 307(b)(1) of the Clean Air Act, 42 U.S.C.
7607(b)(1), judicial review of this final agency action, to the extent
it is available, may be sought by filing a petition for review in the
United States Court of Appeals for the Ninth Circuit within 60 days of
July 26, 2021.
ADDRESSES: Copies of the petition and Order are available at <a href="https://www.epa.gov/title-v-operating-permits/title-v-petition-database">https://www.epa.gov/title-v-operating-permits/title-v-petition-database</a>. For
additional information, please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Lisa Beckham, EPA Region 9, 75
Hawthorne Street (AIR-3-1), San Francisco, California 94105. By phone
at (415) 972-3811, or by email at <a href="/cdn-cgi/l/email-protection#bddfd8ded6d5dcd093d1d4cedcfdd8cddc93dad2cb"><span class="__cf_email__" data-cfemail="f79592949c9f969ad99b9e8496b7928796d9909881">[email protected]</span></a>.
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 and local 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 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 the comment
period.
On November 24, 2020, the EPA received a petition requesting that
the EPA object to the CAA title V renewal permits for Colton Power,
LP's Drews Power Generating Station (Facility ID No. 182561) and
Century Power Generating Station (Facility ID No. 182563)
(``Permits''). The Petitioners claim that the Permits must be revised
to include the more stringent oxides of nitrogen (NO<INF>X</INF>)
emissions limit in a recently amended version of local SCAQMD Rule
1134. The NO<INF>X</INF> emissions limit has a compliance date of
January 1, 2024 and the Petitioners argued that the Permits must be
revised now because the compliance date occurs before the expiration of
the Permits. The Petitioners further argued that if the operator has
not yet chosen one of the two compliance options from the local rule,
then the SCAQMD must revise the Permits to include both compliance
options.
The EPA denied the petition because the Petitioners failed to
demonstrate that the recently amended version of SCAQMD Rule 1134 is an
applicable requirement as defined in 40 CFR 70.2 The Order provides
additional information, including the EPA's detailed basis for denying
the petition.
Dated: July 8, 2021.
Elizabeth Adams,
Acting Regional Administrator, Region IX.
[FR Doc. 2021-15842 Filed 7-23-21; 8:45 am]
BILLING CODE 6560-50-P
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