Rule2025-00651
Clean Air Act Operating Permit Program; Notice of Issuance of Title V Federal Operating Permit to Deseret Generation and Transmission Co-operative
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
January 16, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) issued a final permit decision under title V of the Clean Air Act (CAA) to Deseret Bonanza and Transmission Co-operative (Deseret) for the operation of Deseret's Uintah County, Utah, Bonanza Power Plant (Bonanza).
Full Text
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<title>Federal Register, Volume 90 Issue 10 (Thursday, January 16, 2025)</title>
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[Federal Register Volume 90, Number 10 (Thursday, January 16, 2025)]
[Rules and Regulations]
[Pages 4651-4652]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-00651]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2019-0350; FRL-12535-01-R8]
Clean Air Act Operating Permit Program; Notice of Issuance of
Title V Federal Operating Permit to Deseret Generation and Transmission
Co-operative
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notification of final action.
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SUMMARY: The Environmental Protection Agency (EPA) issued a final
permit decision under title V of the Clean Air Act (CAA) to Deseret
Bonanza and Transmission Co-operative (Deseret) for the operation of
Deseret's Uintah County, Utah, Bonanza Power Plant (Bonanza).
DATES: EPA issued title V Permit to Operate No. V-UO-000004-2019.00 to
Deseret on December 4, 2023, under 40 CFR part 71. This permit was
appealed to the Environmental Appeals Board by the Ute Tribe of Utah.
The Board denied review of the permit on September 10, 2024, and EPA
issued the final permit decision on December 17, 2024. Pursuant to
section 307(b)(1) of the CAA, judicial review of EPA's final permit
decision, to the extent it is available, may be sought by filing a
petition for review in the United States Court of Appeals for the Tenth
Circuit by March 17, 2025.
FOR FURTHER INFORMATION CONTACT: Suman Kunwar, Air and Radiation
Division, EPA, Region 8, Mailcode 8ARD-AP-P, 1595 Wynkoop Street,
Denver, Colorado, 80202-1129, telephone number: (303) 312-6095, email
address: <a href="/cdn-cgi/l/email-protection#056e706b7264772b767068646b456075642b626a73"><span class="__cf_email__" data-cfemail="cca7b9a2bbadbee2bfb9a1ada28ca9bcade2aba3ba">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA. This SUPPLEMENTARY
INFORMATION is arranged as follows:
I. How can I get copies of this document and other related information?
EPA has established a docket for this action under Docket ID No.
EPA-R08-OAR-2019-0350. Publicly available docket materials are
available either electronically through <a href="http://www.regulations.gov">www.regulations.gov</a> or in hard
copy at the Environmental Protection Agency, Region 8, Air and
Radiation Division, 1595 Wynkoop Street, Denver, Colorado 80202. This
facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday,
excluding Federal holidays. We recommend that you telephone Suman
Kunwar, Environmental Engineer, at (303) 312-6095 with any questions
about reviewing the docket material before visiting the Region 8
office.
II. Background
The 1990 amendments to the CAA established a comprehensive air
quality permit program under the authority of Title V of the CAA. Title
V requires certain facilities that emit large amounts of air pollution,
or that meet other specified criteria, to obtain an operating permit,
known as a title V permit, after the source has begun to operate. This
permit is an enforceable compilation of all enforceable terms,
conditions, and limitations applicable to the source, and is designed
to improve compliance by clarifying what facilities must do to control
air pollution. EPA regulations implementing title V are codified at 40
CFR part 71 for permits issued by EPA or its delegates, and at 40 CFR
part 70 for permits issued by states and local agencies pursuant to
approved programs. A title V permit is valid for no more than five
years and may be renewed in five-year-increments.
Deseret operates a facility, Bonanza, in Uintah County, Utah.
Bonanza is a coal-fired power plant located on the Uintah and Ouray
Reservation. Coal is delivered to the Facility by train and is crushed
and pulverized before being fed into the main boiler. The boiler
produces steam, which powers a turbine to generate electricity. On
December 5, 2014, EPA Region 8 issued an initial title V Permit to
Deseret for Bonanza pursuant to 40 CFR part 71.
On December 4, 2023, EPA Region 8 renewed Deseret's Title V permit
for a new five-year term. See title V Permit to Operate No. V-UO-
000004-2019.00, Docket ID: EPA-R08-OAR-2019-0350. On January 3, 2024,
the Ute Indian Tribe filed an appeal of the title V permit for Bonanza
with the Environmental Appeals Board. The Tribe did not petition to
review certain terms and conditions of the renewed title V permit but
contended that the Region failed to
[[Page 4652]]
address the Tribe's concerns about the health and environmental impacts
of the Bonanza plant and acted contrary to Executive Orders and EPA
policies regarding environmental justice and Tribal consultation, and
contrary to the Federal trust responsibility to federally-recognized
Indian Tribes. In addition, the Tribe asserted that EPA abused its
discretion and violated the Federal trust responsibility by not
providing the results of an investigation identifying potential non-
compliance with coal combustion residual requirements under the
Resource Conservation and Recovery Act (``RCRA'') until after the CAA
title V permit was issued. Consequently, under 40 CFR 71.11(i)(2)(ii),
the effective date of the permit was delayed.
III. Effect of this Action
On September 10, 2024, the EAB denied the petition for review. See
In re Deseret Generation and Transmission Co-operative Bonanza Power
Plant, Permit No. V-UO-000004-2019.00, CAA Appeal No. 24-01 (EAB,
September 10, 2024) (Order Denying Review). The Tribe requested that
the EAB reconsider its Order Denying Review and on November 8, 2024,
the EAB denied the Tribe's Motion for Reconsideration. Following the
EAB's action, pursuant to 40 CFR 124.19(l)(2)(i), the EPA issued a
final permit decision on December 17, 2024. The final title V permit is
effective immediately and will expire on December 17, 2029.
Authority: 42 U.S.C. 7401 et seq.
KC Becker,
Regional Administrator, Region 8.
[FR Doc. 2025-00651 Filed 1-15-25; 8:45 am]
BILLING CODE 6560-50-P
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