[Federal Register Volume 85, Number 205 (Thursday, October 22, 2020)]
[Notices]
[Pages 67348-67349]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23465]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-10015-99-Region 5]
Clean Air Act Operating Permit Program; Petition for Objection to
State Operating Permit for Midwest Generation, LLC, Waukegan Generating
Station, Lake County, Illinois
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of final order on petition for objection to a Clean Air
Act title V operating permit.
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SUMMARY: The Environmental Protection Agency (EPA) Administrator signed
an Order dated September 15, 2020, denying a Petition dated August 5,
2016 from Sierra Club, Respiratory Health Association and Environmental
Law and Policy Center. The Petition requested that EPA object to a
Clean Air Act (CAA) title V operating permit issued by the Illinois
Environmental Protection Agency (IEPA) to Midwest Generation for the
Waukegan Generating Station located in Waukegan, Lake County, Illinois.
ADDRESSES: The final Order, the Petition, and other supporting
information are available for public inspection during normal business
hours at the following address: U.S. Environmental Protection Agency,
Region 5, Air and Radiation Division, 77 West Jackson Boulevard,
Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding Federal holidays and facility
closures due to COVID-19. We recommend that you telephone Danny Marcus,
Environmental Engineer, at (312) 353-8781 before visiting the Region 5
office. Additionally, the final
[[Page 67349]]
Order and Petition are available electronically at: https://www.epa.gov/title-v-operating-permits/title-v-petition-database.
FOR FURTHER INFORMATION CONTACT: Danny Marcus, Environmental Engineer,
Air Permits Section, Air Programs Branch (AR-18J), Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604, (312) 353-8781, marcus.danny@epa.gov.
SUPPLEMENTARY INFORMATION: The CAA affords EPA a 45-day period to
review and object to, as appropriate, operating permits proposed by
state permitting authorities under title V of the CAA. Section
505(b)(2) of the CAA authorizes 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 unless the grounds for the issues arose
after this period.
EPA received the Petition from Sierra Club, Respiratory Health
Association and Environmental Law and Policy Center, dated August 5,
2016, requesting that EPA object to the issuance of operating permit
no. 95090047 issued by IEPA to Midwest Generation for the Waukegan
Generating Station located in Waukegan, Lake County, Illinois. The
Petition alleged that the permit lacked a compliance schedule for
opacity violations, had improper involvement of outside entities,
contained inadequate monitoring of material handling processes,
contained inadequate testing and evaluations of air emissions from
boilers, and lacked adequate recordkeeping for opacity emissions
exceedances.
On September 15, 2020, the EPA Administrator issued an Order
denying the Petition. The Order explains the basis for EPA's decision.
Sections 307(b) and 505(b)(2) of the CAA provide that a petitioner
may request judicial review of those portions of an order that deny
issues in a petition. Any petition for review of the Administrator's
September 15, 2020 Order shall be filed in the United States Court of
Appeals for the appropriate circuit no later than December 21, 2020.
Authority: 42 U.S.C. 7401 et seq.
Dated: October 19, 2020.
Kurt Thiede,
Regional Administrator, Region 5.
[FR Doc. 2020-23465 Filed 10-21-20; 8:45 am]
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