
[Federal Register Volume 79, Number 225 (Friday, November 21, 2014)]
[Notices]
[Pages 69469-69470]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-27641]


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ENVIRONMENTAL PROTECTION AGENCY

[Petition No. IX-2013-1; FRL-9919-46-Region 9]


Petition on Clean Air Act Title V Permit; Gateway Generating 
Station; Antioch, CA

AGENCY: United States Environmental Protection Agency.

ACTION: Notice of final action.

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SUMMARY: Pursuant to Clean Air Act (CAA) section 505(b) and 40 CFR 
70.8(d), the United States Environmental Protection Agency (EPA) 
Administrator signed an Order, dated October 15, 2014, denying a 
petition to object to a CAA title V operating permit proposed by the 
Bay Area Air Quality Management District (BAAQMD) for the Gateway 
Generating Station, LLC facility in Antioch, California (Gateway). The 
Order constitutes a final action on the petition submitted by the Wild 
Equity Institute (Petitioner) dated September 3, 2013 requesting that 
the EPA Administrator object to the proposed title V permit for 
Gateway. Pursuant to section 505(b) of the CAA, a petitioner may seek 
judicial review in the United States Court of Appeals for the 
appropriate circuit of those portions of the petition that 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 CAA.

DATES: The EPA Administrator signed an Order, dated October 15, 2014, 
denying a petition to object to the CAA title V operating permit 
proposed by the BAAQMD for Gateway. Pursuant to section 307(b)(1) of 
the Clean Air Act, 42 U.S.C. 7607(b)(1), judicial review of this final 
permit decision, to the extent it is available, may be sought by filing 
a petition for review in the United States Court of Appeals for the 
Ninth Circuit within 60 days of November 21, 2014.

ADDRESSES: Copies of the Order, the petition, and all pertinent 
information relating thereto are on file at the following location: EPA 
Region 9, Air Division, 75 Hawthorne Street, San Francisco, California 
94105. EPA requests that if at all possible, you contact the individual 
listed in the FOR FURTHER INFORMATION 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 4 p.m., 
excluding Federal holidays. If you wish to examine these documents, you 
should make an appointment at least 48 hours before the visiting day. 
The final Order is also available electronically at the following Web 
site: http://www.epa.gov/region07/air/title5/petitiondb/petitiondb.htm.

FOR FURTHER INFORMATION CONTACT: Gerardo Rios, Air Permits Office, EPA 
Region 9, at (415) 972-3974 or rios.gerardo@epa.gov.

SUPPLEMENTARY INFORMATION: The CAA affords the EPA a 45-day period to 
review and, as appropriate, object to operating permits proposed by 
state permitting authorities under title V of the CAA, 42 U.S.C. 7661-
7661f. Section 505(b)(2) of the CAA and 40 CFR 70.8(d) authorize any 
person to petition the EPA Administrator to object to a title V 
operating permit within 60 days after the expiration of the EPA's 45-
day review period if the 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 the 
grounds for the issues arose after this period.
    The Petitioner submitted a petition regarding Gateway dated 
September 3,

[[Page 69470]]

2013, requesting that the EPA object to the proposed CAA title V 
operating permit for Gateway issued by the BAAQMD, identified as Major 
Facility Review Permit, Facility #B8143. The Petitioner alleged that 
the permit was not consistent with CAA title V requirements because the 
EPA failed to obtain incidental take authorization and take other 
actions under the Endangered Species Act for ``listed species affected 
by'' the facility. The BAAQMD issued a final title V permit for Gateway 
on October 30, 2013.
    On October 15, 2014, the EPA Administrator issued an Order denying 
the title V petition for Gateway. The Order explains EPA's rationale 
for denying the petition.

    Dated: October 29, 2014.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2014-27641 Filed 11-20-14; 8:45 am]
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