The U.S. Environmental Protection Agency will give notice in the Oct. 22 Federal Register of a proposed settlement agreement to resolve two cases filed by WildEarth Guardians and the Sierra Club involving EPA actions under the Clean Air Act Title V operating permit program.
On Jan. 7, 2015, Guardians and Sierra Club filed petitions with the agency’s Environmental Appeal Board (EAB) challenging a Part 71 Operating Permit issued by EPA Region 8 in December 2014 to Deseret Power Cooperative to operate the coal-fired Bonanza Power Plant. Under the proposed settlement, Deseret would submit an application for a minor New Source Review (NSR) permit to implement the specific terms of the agreement, and EPA would draft and provide for public notice of the proposed permit.
Written comments on the proposed settlement agreement must be received within 30 days after the Federal Register publication date.
Bonanza is a 500-MW coal-fired facility located within the exterior boundaries of the Uintah and Ouray Indian Reservation in Utah. Under the proposed settlement, Deseret would submit an application for a minor NSR permit which would provide for installation of low NOX burners with over-fire air controls, along with other operator-requested permit terms and conditions.
The agreement also provides that if EPA Region 8 issues a final permit with provisions that are consistent with the settlement: petitioners would file motions to dismiss the EAB appeals; EPA would withdraw a proposed Prevention of Significant Deterioration Permit for the facility; Deseret would withdraw an outstanding permit application; and Deseret and Sierra Club would withdraw their respective and related Freedom of Information Act (FOIA) requests. Under the agreement EPA would also state its plan to withdraw a proposed Prevention of Significant Deterioration Permit for the plant.