Example Petition Claim

Below is an example of a hypothetical, single claim that could be part of a larger petition. Because this is only a sample claim, not a sample petition, it does not include some of the content required of the petition as a whole (such as identifying information for the proposed permit). EPA is providing this sample claim to illustrate how the material required under EPA’s regulations could be presented succinctly and effectively. However, the information that is needed to satisfy the demonstration burden for any given petition claim will vary depending on the specifics of the claim, the applicable requirements, and the underlying permit terms and record. The following hypothetical claim is provided solely for purposes of illustrating a well-cited claim:

Facility X’s title V permit does not accurately include all applicable requirements associated with the annual PM10 limit of the approved State Implementation Plan (SIP) at 30 State Administrative Code (S.A.C.) 66.54.2. Specifically, 30 S.A.C. 66.54.2 requires that PM10 emissions from Facility X’s combustion units (Units 1 and 2) cannot exceed 0.14 lbs/mmBTU. However, Condition I.D.26 incorrectly identifies the limit as 1.4 lbs/mmBTU. The PM10 limit in 30 S.A.C. 66.54.2 is approved into the state’s SIP and therefore is an “applicable requirement” that must be addressed in Facility X’s title V permit. See CAA § 504(a), 42 U.S.C. § 7661c(a) (“Each permit issued under this subchapter shall include enforceable emission limitations and standards … and such other conditions as are necessary to assure compliance with the applicable requirements of this chapter, including the requirements of the applicable implementation plan.”); see also 40 C.F.R. §§ 70.2 (definition of “applicable requirement”), 70.6(a)(1). Since Facility X’s title V permit does not actually contain the emission limitation of 0.14 lbs/mmBTU as required by 30 S.A.C. 66.54.2, the permit does not “include” the applicable requirement contained in the approved SIP.

Public Group Y (the Petitioners) raised this issue on page 5 of the July 31, 2015 comment letter it submitted on Facility X’s July 3, 2015 draft title V permit. See Public Group Y Comments at 5; Petition Exhibit A at 5. In responding to comments, the permitting authority acknowledged the mistake and assured that “the incorrect value would be replaced with the correct value of 0.14 lbs/mmBTU in the final permit” RTC at 8; Petition Exhibit B at 8. Despite the permitting authority’s intention to correct the value, the final permit still lists an incorrect value for the PM10 limit. Given that the state has failed to include the correct emission limit contained in the approved SIP, the EPA must grant the petition on this claim and object to the permit. See 42 U.S.C. § 7661c(a); 40 C.F.R. § 70.6(a)(1).