NOTICE

A Title V permit application for the PacifiCorp- Hunter Power Plant source has been reviewed by the Utah Division of Air Quality (UDAQ) and a draft permit has been prepared.  This draft permit, with support documentation, is available for public review and comment.

The Title V Operating Permits Program does not impose new substantive requirements on a source but does require that sources subject to the program obtain a renewable operating permit that clarifies, in a single document, which requirements apply to the source and assures the source’s compliance with those requirements.

On January 13, 2021, EPA ordered UDAQ “to reopen the 2020 [PacifiCorp- Hunter Power Plant] Permit to evaluate whether the 1997–1999 projects at the PacifiCorp-Hunter facility should have triggered PSD under the EPA-approved SIP rules applicable at that time, and, consequently, to determine whether any PSD-related ‘applicable requirements’ must be included in the facility title V permit.”  EPA Order at 16. To make that determination, EPA required UDAQ to “consider and address the arguments presented” in comments Sierra Club submitted on the 2015 renewal of the Hunter Power Plant Title V permit, and in a 2016 petition to object Sierra Club filed with EPA. Id.  

EPA’s order gave UDAQ two options: “[i]f UDAQ determines that the projects at issue did not trigger PSD, it must reopen and revise the permit record associated with the 2020 Permit to document the basis for its decision, in consideration of Sierra Club’s 2015 public comments. If, on the other hand, UDAQ determines that the projects at issue should have triggered PSD, it must reopen and revise the 2020 Permit to include a compliance schedule associated with obtaining a PSD permit and eventually incorporating any such requirements into the source’s title V permit.”  Id. 

This permitting action constitutes UDAQ’s response and compliance with EPA’s January 13, 2021 order. Because UDAQ has concluded that the 1997-1999 projects at the Hunter Power Plant did not trigger PSD under the EPA-approved SIP rules applicable at the time, UDAQ has revised the permitting record with an appendix to respond to the 2015 Sierra Club comments as preserved in Claim A of Sierra Club’s 2016 Petition to Object. 

Because UDAQ takes this action pursuant to an EPA order to reopen the permit, this reopening addresses “only those parts of the permit for which cause to reopen exists.”  Utah Admin. Code R307-415-7(g)(2). Consequently, UDAQ will take comment only on its compliance with the issues identified in EPA’s January 13, 2021 Order, which is contained in the Appendix attached to the permit. If any commenters believe that UDAQ has not addressed all of Sierra Club’s comments, the commenters should specifically identify the Sierra Club comments that they believe UDAQ has not addressed.  

The draft permit may also be viewed on the Internet:
https://daqpermitting.utah.gov/OPS_OutForCmt. Title V, Draft Permit Box 

Review of the draft permit and support documentation is available by appointment, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday (excluding holidays) at the offices of the Division of Air Quality, 195 North 1950 West, Salt Lake City.  To schedule an appointment during the comment period, please contact the Operating Permit section at 801-536-4000. 

Written comments will be accepted until 5:00 p.m. 30 days from the publication date of this notice. Comments may also be sent by E-mail to jhe@utah.gov. Comments should reference the permit number and should be mailed or delivered to:

Utah Division of Air Quality
195 N 1950 W
P.O. Box 144820
Salt Lake City, UT  84114-4820

A public hearing may be held if a hearing is requested within 15 days of the publication of this notice and the request otherwise meets the requirements of Utah Code Annotated 63-46a-5(2)(b).

Additional information:

NAME AND ADDRESS OF PERMITTEE:
PacifiCorp
PacifiCorp- Hunter Power Plant
P.O. Box 569
Castle Dale UT  84513

Activity Involved in the Permit Action:
This is a Title V Reopening for Cause by EPA for the purpose of revising the permit record in response to EPA Region 8 Reopening Order dated January 13, 2021. Pursuant to Utah State rules R307-415-7(g)(2) only the parts of the permit for which cause to reopen exists shall be considered during this comment period. Specifically, for this permitting action we will only be accepting comments on Reviewer Comment #23 and Appendix A and all attachments to Appendix A. 

Permit Number:
#1500101004

Emissions Change:
There are no emissions changes associated with this action.

For further information please contact Jennifer He at the Utah Division of Air Quality, 385-239-1966. 

Published in the ETV Newspaper May 12, 2021.

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