The U.S. Environmental Protection Agency has rejected an environmental appeal that said the Wisconsin Department of Natural Resources improperly approved a renewed operating permit for the coal-fired J.P. Pulliam power plant of Wisconsin Public Service.
EPA, in a notice planned for publication in the Jan. 31 Federal Register, said EPA Administrator Lisa Jackson has denied the petition submitted by David Bender of McGillivray Westerberg and Bender LLC, on behalf of the Sierra Club. Under section 505(b)(2) of the Clean Air Act, a petitioner may seek judicial review in the U.S. Court of Appeals for the appropriate circuit of those portions of the petition which EPA denied, the agency noted. Any petition for review needs to be filed within 60 days from the date this notice appears in the Federal Register.
In October 2012, Bender submitted a petition to EPA requesting that EPA object to the Title V operating permit for Pulliam. The petition raised issues regarding: 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 the sufficiency of particulate matter monitoring for boilers B24–B27. On Jan. 7, the Administrator issued an order denying the petition, saying Bender offered no proof that the Wisconsin DNR made invalid assumptions or decisions related to the renewed permit.
Located in Green Bay, Brown County, Wisc., the Pulliam plant is a 400-MW facility that primarily consists of six coal-fired boilers.