Notice2022-22665
Clean Air Act Operating Permit Program; Petition for Objection to State Operating Permit for Hunter Power Plant (Emery County, Utah)
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
October 19, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The EPA Administrator signed an order dated September 27, 2022, denying the petition submitted by the Sierra Club requesting that EPA object to the issuance of the Clean Air Act (CAA) title V operating permit (no. 1500101004) issued to the PacifiCorp Hunter Power Plant in Castle Dale, Emery County, Utah, by the Utah Department of Environmental Quality, Division of Air Quality (UDAQ). The September 27, 2022 Order responds to Sierra Club's January 14, 2022 petition regarding title V operating permit no. 1500101004 (2021 Permit). The Order constitutes final action on the petition.
Full Text
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<title>Federal Register, Volume 87 Issue 201 (Wednesday, October 19, 2022)</title>
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[Federal Register Volume 87, Number 201 (Wednesday, October 19, 2022)]
[Notices]
[Pages 63493-63494]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-22665]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-10280-01-R8]
Clean Air Act Operating Permit Program; Petition for Objection to
State Operating Permit for Hunter Power Plant (Emery County, Utah)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of final order on petition to object to state operating
permit.
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SUMMARY: The EPA Administrator signed an order dated September 27,
2022, denying the petition submitted by the Sierra Club requesting that
EPA object to the issuance of the Clean Air Act (CAA) title V operating
permit (no. 1500101004) issued to the PacifiCorp Hunter Power Plant in
Castle Dale, Emery County, Utah, by the Utah Department of
Environmental Quality, Division of Air Quality (UDAQ). The September
27, 2022 Order responds to Sierra Club's January 14, 2022 petition
regarding title V operating permit no. 1500101004 (2021 Permit). The
Order constitutes final action on the petition.
ADDRESSES: You may review copies of the Order and petition
electronically 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>. To reduce the risk of COVID-19 transmission, for
this action we do not plan to offer hard copy review of these documents
or other supporting information. Please email or call the person listed
in the FOR FURTHER INFORMATION CONTACT section if you need to make
alternative arrangements for access to the documents.
FOR FURTHER INFORMATION CONTACT: Daniel Fagnant, Air Permitting and
Monitoring Branch (8ARD-PM), EPA Region 8, 1595 Wynkoop Street, Denver,
Colorado, 80202-1129. Phone number: (303) 312-6927, email address:
<a href="/cdn-cgi/l/email-protection#0a6c6b6d646b647e246e6b64636f664a6f7a6b246d657c"><span class="__cf_email__" data-cfemail="690f080e0708071d470d0807000c05290c1908470e061f">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The CAA affords 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 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 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 document appears
in the Federal Register.
State Operating Permit for Hunter Power Plant (Emery County, Utah)
EPA received petitions from the Sierra Club, requesting that EPA
object to the 2016, 2020, and 2021 operating permits for the Hunter
Power Plant. Among other things, the Sierra Club claims that the
operating permit is deficient because it does not include Prevention of
Significant Deterioration (PSD) permitting requirements. More
specifically, the Sierra Club asserts that the operating permit should
include Best Achievable Control Technology requirements for nitrogen
oxide, sulfur dioxide and particulate matter, terms and conditions
necessary to adequately protect national ambient air quality standards,
and PSD increments. EPA denied the 2016 petition on October 16, 2017;
however, the Sierra Club sought judicial review of a portion of the
2017 Order in the United States Court of Appeals for the Tenth Circuit.
On July 2, 2020, the Tenth Circuit issued a decision vacating and
remanding the 2017 Order. EPA's January 13, 2021 Order responded to the
Tenth Circuit's decision, replaced the vacated portion of EPA's 2017
Order, and separately responded to the 2020 Petition. On October 1,
2021, UDAQ transmitted a proposed permit to EPA for the Agency's 45-day
review. EPA did not object during this period. On November 19, 2021,
UDAQ finalized the Permit. On January 14, 2022, the Sierra Club filed
the Petition that this order responds to.
On September 27, 2022, the Administrator issued an Order denying
the January 14, 2022 Petition. The Order explains EPA's basis for
denying the petition.
[[Page 63494]]
Dated: October 13, 2022.
KC Becker,
Regional Administrator, Region 8.
[FR Doc. 2022-22665 Filed 10-18-22; 8:45 am]
BILLING CODE 6560-50-P
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