Clean Air Act Operating Permit Program; Petition for Objection to State Operating Permit for WE Energies Oak Creek Station, 31941-31942 [E9-15806]

Download as PDF Federal Register / Vol. 74, No. 127 / Monday, July 6, 2009 / Notices mstockstill on PROD1PC66 with NOTICES modified the project’s pre-1935 design or operation. l. Locations of the Application: Copies of this filing are on file with the Commission and are available for public inspection. This filing may be viewed on the Web at https://www.ferc.gov using the ‘‘eLibrary’’ link, select ‘‘Docket#’’ and follow the instructions. For assistance, please contact FERC Online Support at FERCOnlineSupport@ferc.gov or tollfree at (866) 208–3372, or TTY, contact (202) 502–8659. m. Individuals desiring to be included on the Commission’s mailing list should so indicate by writing to the Secretary of the Commission. n. Comments, Protests, or Motions to Intervene—Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission’s Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application. o. Filing and Service of Responsive Documents—Any filings must bear in all capital letters the title ‘‘COMMENTS’’, ‘‘PROTESTS’’, and/or ‘‘MOTIONS TO INTERVENE’’, as applicable, and the Docket Number of the particular application to which the filing refers. A copy of any motion to intervene must also be served upon each representative of the Applicant specified in the particular application. p. Agency Comments—Federal, state, and local agencies are invited to file comments on the described application. A copy of the application may be obtained by agencies directly from the Applicant. If an agency does not file comments within the time specified for filing comments, it will be presumed to have no comments. One copy of an agency’s comments must also be sent to the Applicant’s representatives. Kimberly D. Bose, Secretary. [FR Doc. E9–15737 Filed 7–2–09; 8:45 am] BILLING CODE P VerDate Nov<24>2008 17:06 Jul 02, 2009 Jkt 217001 DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [EG09–34–000, EG09–35–000] PPL New Jersey Solar, LLC, PPL New Jersey Biogas, LLC; Notice of Effectiveness of Exempt Wholesale Generator Status June 25, 2009. Take notice that during the month of May 2009, the status of the abovecaptioned entities as Exempt Wholesale Generators became effective by operation of the Commission’s regulations 18 CFR 366.7(a). Kimberly D. Bose, Secretary. [FR Doc. E9–15730 Filed 7–2–09; 8:45 am] 31941 ‘‘eLibrary’’ link and is available for review in the Commission’s Public Reference Room in Washington, DC. There is an ‘‘eSubscription’’ link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail FERCOnlineSupport@ferc.gov, or call (866) 208–3676 (toll free). For TTY, call (202) 502–8659. Comment Date: 5 p.m. Eastern Time on July 13, 2009. Kimberly D. Bose, Secretary. [FR Doc. E9–15731 Filed 7–2–09; 8:45 am] BILLING CODE P BILLING CODE P ENVIRONMENTAL PROTECTION AGENCY DEPARTMENT OF ENERGY [Regional Docket Nos. V–2007–1, FRL– 8926–6] Federal Energy Regulatory Commission Clean Air Act Operating Permit Program; Petition for Objection to State Operating Permit for WE Energies Oak Creek Station [Docket No. EL09–21–001] PacifiCorp; Notice of Filing June 25, 2009. Take notice that on June 22, 2009, PacifiCorp submitted for filing a compliance filing pursuant to section 206 of the Federal Power Act, 16 U.S.C. 824(e) and the Commission’s May 21, 2009 Order, 127 FERC 61,144 (2009). Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission’s Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant and all the parties in this proceeding. The Commission encourages electronic submission of protests and interventions in lieu of paper using the ‘‘eFiling’’ link at https://www.ferc.gov. Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at https://www.ferc.gov, using the PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of final order on petition to object to Clean Air Act (Act) operating permit. SUMMARY: This document announces that the EPA Administrator has responded to a petition asking EPA to object to an operating permit issued by the Wisconsin Department of Natural Resources (WDNR). Specifically, the Administrator granted in part and denied in part the petition submitted by the Sierra Club to object to the operating permit for WE Energies Oak Creek Station (Oak Creek). Pursuant to section 505(b)(2) of the Act, a Petitioner may seek in the United States Court of Appeals for the appropriate circuit judicial review of those portions of a 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 order, the petition, 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 Oak Creek petition is available electronically at: https://www.epa.gov/region07/ E:\FR\FM\06JYN1.SGM 06JYN1 31942 Federal Register / Vol. 74, No. 127 / Monday, July 6, 2009 / Notices programs/artd/air/title5/petitiondb/ petitiondb.htm. FOR FURTHER INFORMATION CONTACT: Pamela Blakley, Chief, Air Permits Section, Air Programs Branch, Air and Radiation Division, EPA, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, telephone (312) 886– 4447. The Act affords EPA a 45-day period to review, and object, as appropriate, to 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 a state operating permit if EPA has not done so. A petition 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 issues during the comment period, or the grounds for the issues arose after this period. On August 23, 2007, EPA received a petition from the Sierra Club requesting that EPA object to the Title V operating permit for Oak Creek. The Petitioner alleges that the permit is not in compliance with the requirements of the Act. Specifically, the Petitioner alleges that: (1) The permit must include a compliance schedule; (2) the permit application contains a false certification of compliance; (3) the permit application does not contain sufficient information to determine the applicability of the Prevention of Significant Deterioration program; (4) physical changes to the boilers at units 5 and 6 are subject to lower particulate matter (PM) emissions limits than are contained in the permit; (5) the permit must establish compliance demonstration requirements that ensure continuous compliance with emissions limits; (6) the facility’s Compliance Assurance Monitoring (CAM) plan is deficient; (7) the facility’s CAM plan ignores condensable PM; (8) the permit illegally exempts Oak Creek from applicable limits during start-up, shutdown, and malfunction; (9) plans referenced in the permit must be included in the permit and made available for public comment; and (10) the permit must require that the source submit all monitoring data and recordkeeping to the WDNR. On June 12, 2009, the Administrator issued an order granting the Oak Creek petition in part, and denying it in part. The order explains the reasons behind EPA’s conclusion. mstockstill on PROD1PC66 with NOTICES SUPPLEMENTARY INFORMATION: VerDate Nov<24>2008 17:06 Jul 02, 2009 Jkt 217001 Dated: June 24, 2009. Walter W. Kovalick Jr., Acting Regional Administrator, Region 5. [FR Doc. E9–15806 Filed 7–2–09; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [FRL–8926–8] Farm, Ranch, and Rural Communities Committee AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of cancellation of a meeting. SUMMARY: The Environmental Protection Agency, Office of Cooperative Environmental Management, announces the cancellation of a meeting of the Farm, Ranch, and Rural Communities Committee (FRRCC). This meeting, a teleconference on July 13, 2009, was announced in a Federal Register Notice published on June 9, 2009 (74 FR 27316). The purpose of this meeting was for the FRRCC to discuss and approve various draft advice letters for submission to the EPA. FOR FURTHER INFORMATION CONTACT: Alicia Kaiser, Designated Federal Officer, kaiser.alicia@epa.gov, 202–564– 7273, U.S. EPA, Office of the Administrator (1101A), 1200 Pennsylvania Avenue, NW., Washington, DC 20460, or Christopher Ashcraft, Junior Designated Federal Officer, ashcraft.christopher@epa.gov, 202–564–2432, U.S. EPA, Office of the Administrator (1601M), 1200 Pennsylvania Avenue, NW., Washington, DC 20460. Dated: June 25, 2009. Alicia Kaiser, Designated Federal Officer. [FR Doc. E9–15799 Filed 7–2–09; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [FRL–8926–2] New York State Prohibition of Marine Discharges of Vessel Sewage; Receipt of Petition and Tentative Affirmative Determination AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: Notice is hereby given that a petition has been received from the State of New York requesting a PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 determination by the Regional Administrator, U.S. Environmental Protection Agency—Region 2, that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are reasonably available for the South Shore Estuary Reserve, New York. The waters of the proposed No Discharge Zone fall within the jurisdictions of the Town of Southampton, the Town of Brookhaven, the Town of Islip, the Town of Babylon, the Town of Oyster Bay and the Town of Hempstead. The entities submitted an application prepared by the Peconic Baykeeper for the designation of a Vessel Waste No Discharge Zone. New York State Department of Environmental Conservation certified the need for greater protection of the water quality. DATES: Comments regarding this tentative determination are due by August 5, 2009. ADDRESSES: Submit your comments using one of the following methods: E-mail: chang.moses@epa.gov. Fax: (212) 637–3891. Mail and hand delivery: U.S. Environmental Protection Agency— Region 2, 290 Broadway, 24th Floor, New York, NY 10007–1866. Deliveries are only accepted during the Regional Office’s normal hours of operation (8 a.m.–5 p.m., Monday through Friday, excluding legal holidays), and special arrangements should be made for deliveries of boxed information. FOR FURTHER INFORMATION CONTACT: Moses Chang, U.S. Environmental Protection Agency—Region 2, 290 Broadway, 24th Floor, New York, NY 10007–1866. Telephone: (212) 637– 3867, Fax number: (212) 637–3891; email address: chang.moses@epa.gov. SUPPLEMENTARY INFORMATION: Notice is hereby given that a petition has been received from the State of New York requesting a determination by the Regional Administrator, U.S. Environmental Protection Agency— Region 2, pursuant to section 312(f)(3) of Public Law 92–500 as amended by Public Law 95–217 and Public Law 100–4, that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are reasonably available for South Shore Estuary Reserve (SSER) and its harbors, bays and creeks within the following boundaries: East Rockaway Inlet, approach to Reynolds Channel, flashing green buoy (N ‘‘9’’) N40°-35.5′ W73°-44.9′ Jones Inlet, Jones Inlet red buoy (N ‘‘8’’) N40°-35.2′ E:\FR\FM\06JYN1.SGM 06JYN1

Agencies

[Federal Register Volume 74, Number 127 (Monday, July 6, 2009)]
[Notices]
[Pages 31941-31942]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-15806]


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ENVIRONMENTAL PROTECTION AGENCY

[Regional Docket Nos. V-2007-1, FRL-8926-6]


Clean Air Act Operating Permit Program; Petition for Objection to 
State Operating Permit for WE Energies Oak Creek Station

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final order on petition to object to Clean Air Act 
(Act) operating permit.

-----------------------------------------------------------------------

SUMMARY: This document announces that the EPA Administrator has 
responded to a petition asking EPA to object to an operating permit 
issued by the Wisconsin Department of Natural Resources (WDNR). 
Specifically, the Administrator granted in part and denied in part the 
petition submitted by the Sierra Club to object to the operating permit 
for WE Energies Oak Creek Station (Oak Creek).
    Pursuant to section 505(b)(2) of the Act, a Petitioner may seek in 
the United States Court of Appeals for the appropriate circuit judicial 
review of those portions of a 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 order, the petition, 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 Oak Creek 
petition is available electronically at: https://www.epa.gov/region07/

[[Page 31942]]

programs/artd/air/title5/petitiondb/petitiondb.htm.

FOR FURTHER INFORMATION CONTACT: Pamela Blakley, Chief, Air Permits 
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, and object, as appropriate, to 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 a state operating 
permit if EPA has not done so. A petition 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 issues 
during the comment period, or the grounds for the issues arose after 
this period.
    On August 23, 2007, EPA received a petition from the Sierra Club 
requesting that EPA object to the Title V operating permit for Oak 
Creek. The Petitioner alleges that the permit is not in compliance with 
the requirements of the Act. Specifically, the Petitioner alleges that: 
(1) The permit must include a compliance schedule; (2) the permit 
application contains a false certification of compliance; (3) the 
permit application does not contain sufficient information to determine 
the applicability of the Prevention of Significant Deterioration 
program; (4) physical changes to the boilers at units 5 and 6 are 
subject to lower particulate matter (PM) emissions limits than are 
contained in the permit; (5) the permit must establish compliance 
demonstration requirements that ensure continuous compliance with 
emissions limits; (6) the facility's Compliance Assurance Monitoring 
(CAM) plan is deficient; (7) the facility's CAM plan ignores 
condensable PM; (8) the permit illegally exempts Oak Creek from 
applicable limits during start-up, shutdown, and malfunction; (9) plans 
referenced in the permit must be included in the permit and made 
available for public comment; and (10) the permit must require that the 
source submit all monitoring data and recordkeeping to the WDNR. On 
June 12, 2009, the Administrator issued an order granting the Oak Creek 
petition in part, and denying it in part. The order explains the 
reasons behind EPA's conclusion.

    Dated: June 24, 2009.
Walter W. Kovalick Jr.,
Acting Regional Administrator, Region 5.
[FR Doc. E9-15806 Filed 7-2-09; 8:45 am]
BILLING CODE 6560-50-P
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