[Federal Register Volume 77, Number 21 (Wednesday, February 1, 2012)]
[Notices]
[Pages 5009-5010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-2214]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9625-2]


Clean Air Act Operating Permit Program; Petition for Objection to 
State Operating Permit for Duke Energy Indiana--Edwardsport Generating 
Station

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final action.

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SUMMARY: This document announces that the EPA Administrator has denied 
a petition from the Sierra Club, Valley Watch, and Citizen Action 
Coalition of Indiana (Petitioners) asking EPA to object to a Clean Air 
Act (Act) Title V operating permit for Duke Energy Indiana--Edwardsport 
Generating Station (Duke) issued by the Indiana Department of 
Environmental Management (IDEM).
    Sections 307(b) and 505(b)(2) of the Act provide that a petitioner 
may seek judicial review in the United States Court of Appeals for the 
appropriate circuit of denials of any portion of the petition. 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 the Regional office. Additionally, the final Order for 
the Duke petition is available electronically at: http://www.epa.gov/region7/air/title5/petitiondb/petitiondb.htm.

FOR FURTHER INFORMATION CONTACT: Genevieve Damico, Chief, Air Permits 
Section, Air Programs Branch, Air and Radiation Division, EPA, Region 
5, 77 West Jackson Boulevard Chicago, Illinois 60604, telephone (312) 
353-4761, [email protected].

SUPPLEMENTARY INFORMATION: The Act affords EPA a 45-day period to 
review and object, as appropriate, to Title V 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 Title V 
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

[[Page 5010]]

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 September 20, 2010, EPA received a petition from the Petitioners 
requesting that EPA object to the Title V operating permit that IDEM 
proposed to issue to Duke. The Petitioners alleged that the permit is 
not in compliance with the requirements of the Act. Specifically, the 
Petitioners alleged that: (1) The permit fails to include a Best 
Available Control Technology limit for particulate matter with a 
diameter of 2.5 microns or less (PM2.5) because of the 
improper use of coarse particulate matter as a surrogate for 
PM2.5; and (2) emissions of PM2.5 from the plant 
would cause a violation of the PM2.5 National Ambient Air 
Quality Standard.
    On December 13, 2011, the Administrator issued an Order denying the 
Petitioners' petition. The Order explains the reasons behind EPA's 
conclusion.

    Dated: January 23, 2012.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2012-2214 Filed 1-31-12; 8:45 am]
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