[Federal Register Volume 77, Number 56 (Thursday, March 22, 2012)]
[Notices]
[Pages 16836-16837]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-6936]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9650-6]


Clean Air Act Operating Permit Program; Petition for Objection to 
State Operating Permit for Public Service Company of New Mexico, San 
Juan 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 
responded to a citizen petition asking EPA to object to an operating 
permit (Permit Number P062R2) issued by the New Mexico Environment 
Department, Air Quality Bureau (NMED). Specifically, the Administrator 
has granted in part and denied in part the November 19, 2010 petition, 
submitted by WildEarth Guardians, the San Juan Citizens Alliance, and 
Carson Forest Watch (Petitioners) to object to the operating permit 
issued on January 24, 2011 to the Public Service Company of New Mexico, 
for the operations of the San Juan Generating Station (SJGS) located in 
San Juan County, New Mexico. Pursuant to sections 307(b) and 505(b)(2) 
of the Clean Air Act (CAA), a petition for judicial review of those 
parts of the Order that deny issues in the petition may be filed in the 
United States Court of Appeals for the appropriate circuit within 60 
days from the date this notice appears in the Federal Register.

ADDRESSES: You may review copies of the final Order, the petition, and 
other supporting information at EPA Region 6, 1445 Ross Avenue, Dallas, 
Texas 75202-2733.
    EPA requests that if at all possible, you contact the individual 
listed in the FOR FURTHER INFROMATION CONTACT section to view copies of 
the final Order, petition, and other supporting information. You may 
view the hard copies Monday through Friday, from 9 a.m. to 3 p.m., 
excluding Federal holidays. If you wish to examine these documents, you 
should make an appointment at least 24 hours before the visiting day. 
Additionally, the final Order for the Public Service Company of New 
Mexico San Juan Generating Station is available electronically at: 
http://www.epa.gov/region07/air/title5/petitiondb/petitions/san_juan_response2010.pdf.

FOR FURTHER INFORMATION CONTACT: Brad Toups at (214) 665-7258, email 
address: [email protected] or the above EPA, Region 6 address.

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

[[Page 16837]]

issues during the comment period or the grounds for the issue arose 
after this period.
    EPA received a petition from the Petitioners dated November 19, 
2010, requesting that EPA object to the issuance of the Title V 
operating permit to Public Service Company of New Mexico, for the 
operation of the San Juan Generating Station in San Juan County, New 
Mexico for the following reasons: (1) Fails to ensure compliance with 
the Prevention of Significant Deterioration requirements; (2) fails to 
ensure compliance with source impact analysis requirements in the New 
Mexico State Implementation Plan; (3) fails to require prompt reporting 
of deviations; (4) fails to require sufficient periodic monitoring; and 
(5) includes a condition that is contrary to applicable requirements.
    On February 15, 2012, the Administrator issued an order granting in 
part and denying in part the petition. The order explains the reasons 
behind EPA's conclusion to grant in part and deny in part the petition.

    Dated: March 14, 2012.
Al Armendariz,
Regional Administrator, Region 6.
[FR Doc. 2012-6936 Filed 3-21-12; 8:45 am]
BILLING CODE 6560-50-P