Clean Air Act Operating Permit Program; Petition for Objection to State Operating Permits for Midwest Generation Waukegan Station, 65898-65899 [05-21754]
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65898
Federal Register / Vol. 70, No. 210 / Tuesday, November 1, 2005 / Notices
Gulf of Mexico coast (off the coast of
Florida). The U.S. Department of
Interior’s Minerals Management Service
retained the responsibility for regulating
air pollution from sources located in the
western Gulf of Mexico. To comply with
the requirements of section 328 of the
CAA, EPA, on September 4, 1992 at 57
FR 40792, promulgated regulations to
control air pollution from OCS sources
in order to attain and maintain Federal
and State ambient air quality standards
and to comply with the provisions of
part C of title I of the CAA. Sources
located within 25 miles of a State’s
seaward boundary must comply with
the same State/local air pollution
control requirements as would be
applicable if the source were located in
the corresponding onshore area. Sources
located more than 25 miles from a
State’s seaward boundary must comply
with EPA air pollution control
regulations. The regulations are codified
as part 55 of chapter I of title 40 of the
Code of Federal Regulations (CFR). On
September 2, 1997, EPA made two
court-ordered revisions to the
regulations. The need and authority for
this information collection is contained
in section 328 of the CAA and in EPA
OCS Air Regulations, codified as title 40
CFR part 55. The way such information
is planned to be and/or has been used
to further the proper performance of the
functions of the agency is through the
Administrator who must update the
requirements as necessary to maintain
consistency with onshore regulations.
Each requirement established under
section 328 is treated, for purposes of
sections 113 (Federal Enforcement), 114
(Inspections, Monitoring, and Entry),
116 (Retention of State Authority), 120
(Noncompliance Authority), and 304
(Citizen Suits) of the CAA, as a standard
under section 111 and a violation of any
such requirements will be considered a
violation of section 111(e) of the CAA.
Responses to the collection of
information are voluntary.
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless it displays a currently valid OMB
control number. The OMB control
numbers for EPA’s regulations in 40
CFR are listed in 40 CFR part 9 and are
identified on the form and/or
instrument, if applicable.
Burden Statement: The annual public
reporting and recordkeeping burden for
this collection of information is
estimated to average 549 hours per
response. Burden means the total time,
effort, or financial resources expended
by persons to generate, maintain, retain,
or disclose or provide information to or
for a Federal agency. This includes the
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15:39 Oct 31, 2005
Jkt 208001
time needed to review instructions;
develop, acquire, install, and utilize
technology and systems for the purposes
of collecting, validating, and verifying
information, processing and
maintaining information, and disclosing
and providing information; adjust the
existing ways to comply with any
previously applicable instructions and
requirements; train personnel to be able
to respond to a collection of
information; search data sources;
complete and review the collection of
information; and transmit or otherwise
disclose the information.
Respondents/Affected Entities:
Entities potentially affected by this
action are all outer continental shelf
sources except those located in the Gulf
of Mexico west of 87.5 degrees
longitude (near the border of Florida
and Alabama). For sources located
within 25 miles of States’ seaward
boundaries, the requirements are the
same as those that would be applicable
if the source were located in the
corresponding onshore area. In States
affected by this rule, State boundaries
extend three miles from the coastline,
except off the coast of the Florida
Panhandle, where the State’s boundary
extends three leagues (about nine miles)
from the coastline.
Estimated Number of Respondents:
49.
Frequency of Response: On occasion.
Estimated Total Annual Hour Burden:
34,024.
Estimated Total Annual Cost:
$1,858,350, which includes $0
annualized capital/startup costs,
$17,886 annual O&M costs, and
$1,840,464 annual labor costs.
Changes in the Estimates: There is an
increase of 375 hours in the total
estimated burden currently identified in
the OMB Inventory of Approved ICR
Burdens. This increase is due to two
main factors:
• Minerals Management Service has
projected an increase in the number of
Outer Continental Shelf existing
development/production sources in
need of equipment modifications over
the course of the next three years, which
is significantly greater than estimates at
the time of the original and past ICR.
Although there is an increase in
modifications on existing sources, there
are no new sources of development/
production and, therefore, no capital
cost burden. As a result, the total
burden shows a reduction in cost when
compared to the previous ICR burden.
• Adjustments to the estimate are in
2005 dollars.
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Dated: October 24, 2005.
Oscar Morales,
Director, Collection Strategies Division.
[FR Doc. 05–21763 Filed 10–31–05; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[Regional Docket No. V–2004–5, FRL–7991–
9]
Clean Air Act Operating Permit
Program; Petition for Objection to
State Operating Permits for Midwest
Generation Waukegan Station
Environmental Protection
Agency (EPA).
ACTION: Notice of final orders on
petitions to object to a state operating
permit.
AGENCY:
SUMMARY: This document announces
that the EPA Administrator has
responded to a citizen petition asking
EPA to object to an operating permit
proposed by the Illinois Environmental
Protection Agency (IEPA). Specifically,
the Administrator has partially granted
and partially denied the petition
submitted by the Lake County
Conservation Alliance to object to the
proposed operating permit for the
Midwest Generation Waukegan station.
Pursuant to section 505(b)(2) of the
Clean Air Act (Act), Petitioner may seek
judicial review in the United States
Court of Appeals for the appropriate
circuit of those portions of the petition
which EPA denied. Any petition for
review shall be filed within 60 days
from the date this notice appears in the
Federal Register, pursuant to section
307 of the Act.
ADDRESSES: You may review copies of
the final orders, the petitions, and other
supporting information at the EPA
Region 5 Office, 77 West Jackson
Boulevard, Chicago, Illinois 60604. If
you wish to examine these documents,
you should make an appointment at
least 24 hours before visiting day.
Additionally, the final order for the
Midwest Generation Waukegan station
is available electronically at: https://
www.epa.gov/region07/programs/artd/
air/title5/petitiondb/
petitiondb2004.htm.
FOR FURTHER INFORMATION CONTACT:
Pamela Blakley, Chief, Air Permitting
Section, Air Programs Branch, Air and
Radiation Division, EPA, Region 5, 77
West Jackson Boulevard, Chicago,
Illinois 60604, telephone (312) 886–
4447.
SUPPLEMENTARY INFORMATION: The Act
affords EPA a 45-day period to review,
E:\FR\FM\01NON1.SGM
01NON1
Federal Register / Vol. 70, No. 210 / Tuesday, November 1, 2005 / Notices
and object to as appropriate, operating
permits proposed by state permitting
authorities. Section 505(b)(2) of the Act
authorizes any person to petition the
EPA Administrator within 60 days after
the expiration of the EPA review period
to object to state operating permits if
EPA has not done so. 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.
On January 29, 2004, the EPA
received from the Lake County
Conservation Alliance a petition
requesting that EPA object to the
proposed title V operating permit for the
Midwest Generation Waukegan station.
The petition raises issues regarding the
permit issuance process and the permit
itself. The Lake County Conservation
Alliance alleged that the proposed
permit (1) is legally inadequate because
it does not impose an enforceable
schedule to remedy non-compliance; (2)
inappropriately provides for a permit
shield that allows excess emissions
during startup and malfunction,
contrary to EPA policy; (3) fails to
include applicable requirements; (4)
fails to comply with the public notice
requirements of the Act; (5) contains an
inadequate statement of basis; (6)
contains conditions that are not
practically enforceable; (7) lacks
adequate recordkeeping and recording
requirements; (8) lacks origin and
authority for each permit condition; (9)
lacks adequate monitoring; and (10) is
legally inadequate because it lacks the
requirement to submit a compliance
certification containing other such facts
as IEPA may require to determine
compliance.
On September 22, 2005, the
Administrator issued an order partially
granting and partially denying the
petition. The order explains the reasons
behind EPA’s conclusion that the IEPA
must: (1) Address in the permit record
the Petitioner’s comment regarding
opacity exceedances; (2) determine if
pre-existing state operating permit
conditions are requirements with which
Waukegan must comply, and either
include the applicable requirements in
the Title V permit, or explain in the
statement of basis its reasoning for not
including the requirements; (3) reopen
the Waukegan permit (including a
notice to the public stating the activities
involved in the permit action) and make
available to the public an adequate
statement of basis which explains,
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19:26 Oct 31, 2005
Jkt 208001
among other things the reasons for each
change to the state implementation plan
(SIP) or construction permit terms.
These explanations must be provided
for any federally enforceable permit
terms that have been newly established,
modified, streamlined or deleted in the
permit action; (4) remove ‘‘operational
condition’’ and ‘‘operating parameters’’
from the permit or define the terms; (5)
remove ‘‘reasonable steps’’ from the
permit or define or provide criteria to
determine ‘‘reasonable steps’’ that meet
the requirements of the SIP; (6) either
develop criteria for determining the
normal range or develop another means
to monitor compliance with the
particulate matter (PM) emission
limitations; (7) include a specific
opacity limit or a method for
determining an opacity limit that would
correlate the results of the PM testing
and the opacity limit in a manner that
assures compliance with the PM limit,
and incorporate into the permit specific
operational limits (upper level or lower
level) and/or operational ranges or a
method for determining the ranges; and,
(8) set a date that is as early as possible
in the permit term by which Waukegan
must conduct PM testing for use in
establishing opacity monitoring and
electrostatic precipitator parametric
measures so that the permit includes
appropriate monitoring conditions that
are in effect during the permit term and
assures compliance with the PM
emission limitations for the coal-fired
boilers for the entire term of the permit.
The order also explains the reasons for
denying Lake County Conservation
Alliance’s remaining claims.
Dated: October 14, 2005.
Bharat Mathur,
Acting Regional Administrator, Region 5.
[FR Doc. 05–21754 Filed 10–31–05; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–7991–8]
Public Water System Supervision
Program Revisions for the State of
Indiana
Environmental Protection
Agency (EPA).
ACTION: Notice of tentative approval.
AGENCY:
SUMMARY: Notice is hereby given that
the State of Indiana is revising its
approved Public Water System
Supervision Program. Indiana has
revised its Public Notification (PN)
Rule; its Lead and Copper Rule Minor
Revisions (LCRMR) Rule; its Analytical
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65899
Methods for Chemical and
Microbiological Contaminants and
revisions to Laboratory Certification
Requirements; its revisions to Analytical
Methods for Radionuclides Rule; and its
Removal of the Prohibition on the Use
of Point of Use Devices for compliance
with National Primary Drinking Water
Regulations Rule.
EPA has determined that these
revisions by the State are no less
stringent than the corresponding federal
regulations. Therefore, EPA intends to
approve these revisions to the State of
Indiana’s Public Water System
Supervision Program. This approval
action does not extend to public water
systems (PWSs) in Indian Country, as
the term is defined in 18 U.S.C. 1151.
By approving these rules, EPA does not
intend to affect the rights of federally
recognized Indian Tribes in Indiana, nor
does it intend to limit existing rights of
the State of Indiana. Any interested
party may request a public hearing. A
request for a public hearing must be
submitted by December 1, 2005 to the
Regional Administrator at the EPA
Region 5 address shown below. The
Regional Administrator may deny
frivolous or insubstantial requests for a
hearing. However, if a substantial
request for a public hearing is made by
December 1, 2005, EPA Region 5 will
hold a public hearing. If EPA Region 5
does not receive a timely and
appropriate request for a hearing and
the Regional Administrator does not
elect to hold a hearing on his own
motion, this determination shall become
final and effective on December 1, 2005.
Any request for a public hearing shall
include the following information: The
name, address, and telephone number of
the individual, organization, or other
entity requesting a hearing; a brief
statement of the requesting person’s
interest in the Regional Administrator’s
determination and a brief statement of
the information that the requesting
person intends to submit at such
hearing; and the signature of the
individual making the request, or, if the
request is made on behalf of an
organization or other entity, the
signature of a responsible official of the
organization or other entity.
ADDRESSES: All documents relating to
this determination are available for
inspection at the following offices:
Indiana Department of Environmental
Management, Office of Water Quality,
Drinking Water Branch, 100 N. Senate
Avenue, P.O. Box 6015, Indianapolis,
Indiana 46206–6015, between the hours
of 8:30 a.m. and 4 p.m., Monday
through Friday, and the United States
Environmental Protection Agency,
E:\FR\FM\01NON1.SGM
01NON1
]]>Agencies
[Federal Register Volume 70, Number 210 (Tuesday, November 1, 2005)]
[Notices]
[Pages 65898-65899]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-21754]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[Regional Docket No. V-2004-5, FRL-7991-9]
Clean Air Act Operating Permit Program; Petition for Objection to
State Operating Permits for Midwest Generation Waukegan Station
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of final orders on petitions to object to a state
operating permit.
-----------------------------------------------------------------------
SUMMARY: This document announces that the EPA Administrator has
responded to a citizen petition asking EPA to object to an operating
permit proposed by the Illinois Environmental Protection Agency (IEPA).
Specifically, the Administrator has partially granted and partially
denied the petition submitted by the Lake County Conservation Alliance
to object to the proposed operating permit for the Midwest Generation
Waukegan station.
Pursuant to section 505(b)(2) of the Clean Air Act (Act),
Petitioner may seek judicial review in the United States Court of
Appeals for the appropriate circuit of those portions of the petition
which EPA denied. Any petition for review shall be filed within 60 days
from the date this notice appears in the Federal Register, pursuant to
section 307 of the Act.
ADDRESSES: You may review copies of the final orders, the petitions,
and other supporting information at the EPA Region 5 Office, 77 West
Jackson Boulevard, Chicago, Illinois 60604. If you wish to examine
these documents, you should make an appointment at least 24 hours
before visiting day. Additionally, the final order for the Midwest
Generation Waukegan station is available electronically at: https://
www.epa.gov/region07/programs/artd/air/title5/petitiondb/
petitiondb2004.htm.
FOR FURTHER INFORMATION CONTACT: Pamela Blakley, Chief, Air Permitting
Section, Air Programs Branch, Air and Radiation Division, EPA, Region
5, 77 West Jackson Boulevard, Chicago, Illinois 60604, telephone (312)
886-4447.
SUPPLEMENTARY INFORMATION: The Act affords EPA a 45-day period to
review,
[[Page 65899]]
and object to as appropriate, operating permits proposed by state
permitting authorities. Section 505(b)(2) of the Act authorizes any
person to petition the EPA Administrator within 60 days after the
expiration of the EPA review period to object to state operating
permits if EPA has not done so. 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.
On January 29, 2004, the EPA received from the Lake County
Conservation Alliance a petition requesting that EPA object to the
proposed title V operating permit for the Midwest Generation Waukegan
station. The petition raises issues regarding the permit issuance
process and the permit itself. The Lake County Conservation Alliance
alleged that the proposed permit (1) is legally inadequate because it
does not impose an enforceable schedule to remedy non-compliance; (2)
inappropriately provides for a permit shield that allows excess
emissions during startup and malfunction, contrary to EPA policy; (3)
fails to include applicable requirements; (4) fails to comply with the
public notice requirements of the Act; (5) contains an inadequate
statement of basis; (6) contains conditions that are not practically
enforceable; (7) lacks adequate recordkeeping and recording
requirements; (8) lacks origin and authority for each permit condition;
(9) lacks adequate monitoring; and (10) is legally inadequate because
it lacks the requirement to submit a compliance certification
containing other such facts as IEPA may require to determine
compliance.
On September 22, 2005, the Administrator issued an order partially
granting and partially denying the petition. The order explains the
reasons behind EPA's conclusion that the IEPA must: (1) Address in the
permit record the Petitioner's comment regarding opacity exceedances;
(2) determine if pre-existing state operating permit conditions are
requirements with which Waukegan must comply, and either include the
applicable requirements in the Title V permit, or explain in the
statement of basis its reasoning for not including the requirements;
(3) reopen the Waukegan permit (including a notice to the public
stating the activities involved in the permit action) and make
available to the public an adequate statement of basis which explains,
among other things the reasons for each change to the state
implementation plan (SIP) or construction permit terms. These
explanations must be provided for any federally enforceable permit
terms that have been newly established, modified, streamlined or
deleted in the permit action; (4) remove ``operational condition'' and
``operating parameters'' from the permit or define the terms; (5)
remove ``reasonable steps'' from the permit or define or provide
criteria to determine ``reasonable steps'' that meet the requirements
of the SIP; (6) either develop criteria for determining the normal
range or develop another means to monitor compliance with the
particulate matter (PM) emission limitations; (7) include a specific
opacity limit or a method for determining an opacity limit that would
correlate the results of the PM testing and the opacity limit in a
manner that assures compliance with the PM limit, and incorporate into
the permit specific operational limits (upper level or lower level)
and/or operational ranges or a method for determining the ranges; and,
(8) set a date that is as early as possible in the permit term by which
Waukegan must conduct PM testing for use in establishing opacity
monitoring and electrostatic precipitator parametric measures so that
the permit includes appropriate monitoring conditions that are in
effect during the permit term and assures compliance with the PM
emission limitations for the coal-fired boilers for the entire term of
the permit. The order also explains the reasons for denying Lake County
Conservation Alliance's remaining claims.
Dated: October 14, 2005.
Bharat Mathur,
Acting Regional Administrator, Region 5.
[FR Doc. 05-21754 Filed 10-31-05; 8:45 am]
BILLING CODE 6560-50-P
