[Federal Register Volume 75, Number 177 (Tuesday, September 14, 2010)]
[Notices]
[Pages 55791-55792]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-22857]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

 [Regional Docket Nos. V, FRL-9201-4]


Clean Air Act Operating Permit Program; Petition for Objection to 
State Operating Permit for Alliant Energy--WPL Edgewater Generating 
Station

AGENCY: Environmental Protection Agency (EPA).

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

-----------------------------------------------------------------------

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 granted in part and denied 
in part 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 Alliant Energy--Wisconsin Power and Light 
Edgewater Generating Station.
    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 Edgewater 
Generating Station petition is available electronically at: http://www.epa.gov/region7/air/title5/petitiondb/petitions/edgewater_response2009.pdf.

FOR FURTHER INFORMATION CONTACT: Pamela Blakley, Chief, Air Permits 
Section, Air Programs Branch, Air and Radiation Division, EPA, Region 
5, 77 West Jackson Boulevard, Chicago, Illinois 60604, telephone (312) 
886-4447.

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 3, 2009, 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 
Alliant Energy--WPL Edgewater Generating Station. The petition raised 
issues regarding: (1) The alleged failure to include maximum gross 
generation, heat input and fuel usage limits that were contained in 
preconstruction permit applications as enforceable

[[Page 55792]]

limits in the permit; (2) the sufficiency of particulate matter (PM) 
and opacity monitoring; and (3) the alleged failure of WDNR to include 
in the permit plans it relied upon in issuing the permit and to make 
those plans available for public notice and comment.
    On August 18, 2010, the Administrator issued an order granting in 
part and denying in part the petition. The order explains the reasons 
behind EPA's conclusions.

    Dated: September 1, 2010.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2010-22857 Filed 9-13-10; 8:45 am]
BILLING CODE 6560-50-P