Daily Rules, Proposed Rules, and Notices of the Federal Government
The CAA affords the EPA a 45-day period to review and, as appropriate, the authority to 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.
Petitioners submitted a petition regarding SFP (received by the EPA on March 1, 2011), requesting that the EPA object to the CAA title V operating permit (#V-09-002 R1). Petitioners alleged that the permit was not consistent with the CAA for four primary reasons described in the petition. On August 31, 2012, the Administrator issued an Order denying the petition. In summary, the Petition was denied because the EPA interprets its regulations to limit the scope of petitions to object on permit revisions resulting from reopening for cause. The scope of petitions to object is limited to issues related to the parts of the permit for which the permitting authority has determined that cause to reopen exists. Because the Petitioners' objections apply to parts of the Shawnee Permit that are beyond the scope of the reopening for cause resulting in Permit Revision 1, the EPA is denying the Petition. The Order further explains the EPA's rationale for denying the petition.
Dated: September 17, 2012.