
[Federal Register Volume 78, Number 21 (Thursday, January 31, 2013)]
[Notices]
[Pages 6817-6818]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-02105]


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ENVIRONMENTAL PROTECTION AGENCY

 [FRL 9774-6]


Clean Air Act Operating Permit Program; Petition for Objection to 
State Operating Permit for Wisconsin Public Service Corporation--JP 
Pulliam Plant

AGENCY: Environmental Protection Agency (EPA).

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

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SUMMARY: This document announces that the EPA Administrator has 
responded to a petition asking EPA to object to a Clean Air Act (Act) 
operating permit issued by the Wisconsin Department of Natural 
Resources. Specifically, the Administrator denied the petition 
submitted by David Bender of McGillivray Westerberg and Bender, LLC, on 
behalf of the Sierra Club, to object to the operating permit for 
Wisconsin Public Service Corporation--JP Pulliam Plant.
    Pursuant to section 505(b)(2) of the Act, a 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 a copy 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 JP Pulliam 
Plant petition is available electronically at: http://www.epa.gov/region07/air/title5/petitiondb/petitions/pulliam_response2012.pdf.

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.

SUPPLEMENTARY INFORMATION: The Act affords EPA a 45-day period to 
review, 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. 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 October 2, 2012, David Bender of McGillivray Westerberg & Bender 
LLC, submitted a petition to EPA on behalf of the Sierra Club, 
requesting that EPA object to the Title V operating permit for the 
Wisconsin Public Service Corporation--JP Pulliam Plant. The petition 
raised issues regarding: (1) the alleged failure to include heat input 
limits from permits issued in 1987 and 1988 and/or reflect Prevention 
of Significant Deterioration/Nonattainment New Source Review 
requirements; and (2) the sufficiency of particulate matter monitoring 
for boilers B24--B27.
    On January 7, 2013, the Administrator issued an order denying the 
petition. The order explains the reasons behind EPA's conclusions.


[[Page 6818]]


    Dated: January 17, 2013.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2013-02105 Filed 1-30-13; 8:45 am]
BILLING CODE 6560-50-P


