Clean Air Act Operating Permit Program; Petition for Objection to State Operating Permit for Tennessee Valley Authority-Paradise Fossil Fuel Plant; Drakesboro (Muhlenberg County), KY, 39958 [E9-19071]
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Federal Register / Vol. 74, No. 152 / Monday, August 10, 2009 / Notices
ENVIRONMENTAL PROTECTION
AGENCY
[Petition IV–2007–3; FRL–8943–1]
Clean Air Act Operating Permit
Program; Petition for Objection to
State Operating Permit for Tennessee
Valley Authority—Paradise Fossil Fuel
Plant; Drakesboro (Muhlenberg
County), KY
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AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice of final order on petition
to object to a state operating permit.
SUMMARY: Pursuant to Clean Air Act
(CAA) section 505(b)(2) and 40 CFR
70.8(d), the EPA Administrator signed
an Order, dated July 13, 2009, partially
granting and partially denying a petition
to object to a State operating permit
issued by the Kentucky Division for Air
Quality (KDAQ) to Tennessee Valley
Authority (TVA) for its Paradise Fossil
Fuel Plant (Plant Paradise) located in
Drakesboro, Muhlenberg County,
Kentucky. This Order constitutes a final
action on the petition submitted by
Preston Forsythe, the Center for
Biological Diversity, Kentucky
Heartwood, Sierra Club, and Hilary
Lambert (Petitioners) on December 27,
2007. Pursuant to section 505(b)(2) of
the CAA, 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(b) of the Act.
ADDRESSES: Copies of the Order, the
petition, and all pertinent information
relating thereto are on file at the
following location: EPA Region 4, Air,
Pesticides and Toxics Management
Division, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960. The Order
is also available electronically at the
following address: https://www.epa.gov/
region7/programs/artd/air/title5/
petitiondb/petitions/
tvaparadise_decision2007.pdf.
FOR FURTHER INFORMATION CONTACT: Art
Hofmeister, Air Permits Section, EPA
Region 4, at (404) 562–9115 or
hofmeister.art@epa.gov.
SUPPLEMENTARY INFORMATION: The CAA
affords EPA a 45-day period to review
and, as appropriate, the authority to
object to operating permits proposed by
State permitting authorities under title
V of the CAA, 42 U.S.C. 7661–7661f.
Section 505(b)(2) of the CAA 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
VerDate Nov<24>2008
15:09 Aug 07, 2009
Jkt 217001
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
December 27, 2007, requesting that EPA
object to a State title V operating permit
issued by KDAQ to TVA Plant Paradise.
Petitioners alleged that the permit was
not consistent with the CAA for the
following reasons: (1) The permit fails to
include the prevention of significant
deterioration (PSD) analysis for the
three main boilers (Units 1–3) for NOX
due to alleged modifications undertaken
at Plant Paradise beginning in 1984
without TVA obtaining required PSD
permits; (2) the permit does not require
year-round operation of the selective
catalytic reduction system consistent
with 401 KAR 50:055; (3) continuous
opacity monitoring systems (COMS)
should be installed on Units 1–3 and
that Method 9 is not sufficient to ensure
compliance with the opacity
requirements; (4) the permit fails to
require a continuous emissions
monitoring system (CEMS) for NOX; (5)
the particulate matter emissions
monitoring from the coal washing and
handling plant are not enforceable and
are inadequate; (6) the permit fails to
require reporting of all monitoring
results from COMS or CEMS; (7) the
permit fails to contain language
allowing for the use of any credible
evidence; (8) the permit fails to include
a case-by-case maximum achievable
control technology determination for
Units 4–6 for the industrial boiler
national emissions standard for
hazardous air pollutants.
On July 13, 2009, the Administrator
issued an Order partially granting and
partially denying the petition. The
Order explains EPA’s rationale for
granting the petition with respect to
issues 1, 3, 4 and 5, and denying on the
other issues.
Dated: July 29, 2009.
Beverly Banister,
Acting Regional Administrator, Region 4.
[FR Doc. E9–19071 Filed 8–7–09; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
[FRL–8942–7]
EPA Office of Children’s Health
Protection and Environmental
Education Staff Office; Notice of Public
Meetings for the National
Environmental Education Advisory
Council; Meeting Postponement
AGENCY: Environmental Protection
Agency.
ACTION: Notice of meeting
postponement.
SUMMARY: The U.S. Environmental
Protection Agency (EPA or Agency)
Office of Children’s Health Protection
and Environmental Education Office
hereby gives notice that the National
Environmental Education Advisory
Council will postpone public meetings
by conference call on the 2nd
Wednesday of each month, beginning
with August 12, 2009 from 12 p.m. to
1 p.m., eastern standard time, until
further notice. The Notice of Public
Meetings for the National
Environmental Education Advisory
Council was originally published on
July 8, 2009 at 74 FR 32595.
DATES: This notice is applicable for the
following dates:
• August 12, 2009;
• September 9, 2009;
• October 14, 2009;
• November 11, 2009;
• December 9, 2009.
FOR FURTHER INFORMATION CONTACT: For
information regarding this Notice,
please contact Ms. Ginger Potter,
Designated Federal Officer (DFO), EPA
National Environmental Education
Advisory Council, at
potter.ginger@epa.gov or (202) 564–
0453. General information concerning
NEEAC can be found on the EPA Web
site at: https://www.epa.gov/enviroed.
For information on access or services for
individuals with disabilities, please
contact Ginger Potter as directed above.
To request accommodation of a
disability, please contact Ginger Potter,
preferable at least 10 days prior to the
meeting, to give EPA as much time as
possible to process your request.
SUPPLEMENTARY INFORMATION:
Participation in the conference calls will
be by teleconference only—meeting
rooms will not be used. Members of the
public may obtain the call-in number
and access code for the call from Ginger
Potter, the Designated Federal Officer,
whose contact information is listed
under the FOR FURTHER INFORMATION
CONTACT section of this notice. Any
member of the public interested in
E:\FR\FM\10AUN1.SGM
10AUN1
Agencies
[Federal Register Volume 74, Number 152 (Monday, August 10, 2009)]
[Notices]
[Page 39958]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-19071]
[[Page 39958]]
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ENVIRONMENTAL PROTECTION AGENCY
[Petition IV-2007-3; FRL-8943-1]
Clean Air Act Operating Permit Program; Petition for Objection to
State Operating Permit for Tennessee Valley Authority--Paradise Fossil
Fuel Plant; Drakesboro (Muhlenberg County), KY
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of final order on petition to object to a state
operating permit.
-----------------------------------------------------------------------
SUMMARY: Pursuant to Clean Air Act (CAA) section 505(b)(2) and 40 CFR
70.8(d), the EPA Administrator signed an Order, dated July 13, 2009,
partially granting and partially denying a petition to object to a
State operating permit issued by the Kentucky Division for Air Quality
(KDAQ) to Tennessee Valley Authority (TVA) for its Paradise Fossil Fuel
Plant (Plant Paradise) located in Drakesboro, Muhlenberg County,
Kentucky. This Order constitutes a final action on the petition
submitted by Preston Forsythe, the Center for Biological Diversity,
Kentucky Heartwood, Sierra Club, and Hilary Lambert (Petitioners) on
December 27, 2007. Pursuant to section 505(b)(2) of the CAA, 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(b) of the Act.
ADDRESSES: Copies of the Order, the petition, and all pertinent
information relating thereto are on file at the following location: EPA
Region 4, Air, Pesticides and Toxics Management Division, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. The Order is also available
electronically at the following address: https://www.epa.gov/region7/programs/artd/air/title5/petitiondb/petitions/tvaparadise_decision2007.pdf.
FOR FURTHER INFORMATION CONTACT: Art Hofmeister, Air Permits Section,
EPA Region 4, at (404) 562-9115 or hofmeister.art@epa.gov.
SUPPLEMENTARY INFORMATION: The CAA affords EPA a 45-day period to
review and, as appropriate, the authority to object to operating
permits proposed by State permitting authorities under title V of the
CAA, 42 U.S.C. 7661-7661f. Section 505(b)(2) of the CAA 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 45-day 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 December 27, 2007, requesting
that EPA object to a State title V operating permit issued by KDAQ to
TVA Plant Paradise. Petitioners alleged that the permit was not
consistent with the CAA for the following reasons: (1) The permit fails
to include the prevention of significant deterioration (PSD) analysis
for the three main boilers (Units 1-3) for NOX due to
alleged modifications undertaken at Plant Paradise beginning in 1984
without TVA obtaining required PSD permits; (2) the permit does not
require year-round operation of the selective catalytic reduction
system consistent with 401 KAR 50:055; (3) continuous opacity
monitoring systems (COMS) should be installed on Units 1-3 and that
Method 9 is not sufficient to ensure compliance with the opacity
requirements; (4) the permit fails to require a continuous emissions
monitoring system (CEMS) for NOX; (5) the particulate matter
emissions monitoring from the coal washing and handling plant are not
enforceable and are inadequate; (6) the permit fails to require
reporting of all monitoring results from COMS or CEMS; (7) the permit
fails to contain language allowing for the use of any credible
evidence; (8) the permit fails to include a case-by-case maximum
achievable control technology determination for Units 4-6 for the
industrial boiler national emissions standard for hazardous air
pollutants.
On July 13, 2009, the Administrator issued an Order partially
granting and partially denying the petition. The Order explains EPA's
rationale for granting the petition with respect to issues 1, 3, 4 and
5, and denying on the other issues.
Dated: July 29, 2009.
Beverly Banister,
Acting Regional Administrator, Region 4.
[FR Doc. E9-19071 Filed 8-7-09; 8:45 am]
BILLING CODE 6560-50-P