Federal Register: December 14, 2006 (Volume 71, Number 240)
DOCID: FR Doc E6-21289
ENVIRONMENTAL PROTECTION AGENCY
Environmental Protection Agency
DOCUMENT ID: [Petition IV-2005-1; FRL-8255-8]
ACTION: Air pollution control:
DOCUMENT ACTION: Notice of final order on petition to object to a state operating permit.
Clean Air Act Operating Permit Program; Petition for Objection to State Operating Permit for Tennessee Valley Authority--Paradise Fossil Plant; Drakesboro (Muhlenberg County), KY
Pursuant to Clean Air Act Section 505(b)(2) and 40 CFR 70.8(d), the EPA Administrator signed an Order, dated October 20, 2006, denying a petition to object to a state operating permit proposed by the Kentucky Division for Air Quality (KDAQ) for Tennessee Valley Authority (TVA) Paradise Fossil Plant (TVA Paradise) located in Drakesboro, Muhlenberg County, Kentucky. This Order constitutes final action on the petition submitted by Preston Forsyth, the Center for Biological Diversity, Kentucky Heartwood, and Hillary Lambert (Petitioners). Pursuant to section 505(b)(2) of the Clean Air Act (the Act) any person may seek judicial review of the Order in the United States Court of Appeals for the appropriate circuit within 60 days of this notice under section 307 of the Act.
The Act affords EPA a 45-day period to review and, as appropriate, to object to operating permits proposed by state permitting authorities under title V of the Act, 42 U.S.C. 7661 7661f. Section 505(b)(2) of the Act 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 EPA's 45day review period if 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 on April 21, 2005, requesting that
EPA object to a state title V operating permit proposed by KDAQ for TVA
Paradise. This action followed an objection (to the proposed permit)
issued by EPA on February 18, 2005. On August 18, 2006, at the source's
request, KDAQ subsequently withdrew the proposed permit. On October 20,
2006, the Administrator issued an Order denying the petition on the
basis of it being moot since a permit (about which EPA could further
object) no longer existed. The Order further explains EPA's rationale for denying the petition.
Dated: December 5, 2006.
A. Stanley Meiburg,
Deputy Regional Administrator, Region 4.
[FR Doc. E621289 Filed 121306; 8:45 am]
BILLING CODE 656050P
FOR FURTHER INFORMATION CONTACT
Art Hofmeister, Air Permits Section, EPA Region 4, at (404) 5629115 or firstname.lastname@example.org.