Clean Air Act Operating Permit Program; Petition for Objection to State Operating Permit for East Kentucky Power Cooperative, Inc.-William C. Dale Power Station; Clark County, KY, 145 [E9-31175]

Download as PDF pwalker on DSK8KYBLC1PROD with NOTICES Federal Register / Vol. 75, No. 1 / Monday, January 4, 2010 / Notices develop a State or Tribal plan. State plans were due to EPA by December 12, 1996 and the Federal plan was promulgated on November 8, 1999. The data collection is a mandatory requirement (Clean Air Act section 114(a)(1)). The information generated by the monitoring, recordkeeping, and reporting requirements described in this ICR is used by the Agency to ensure that facilities affected by the emission guidelines continue to operate the control equipment and achieve compliance with the regulation. The emission guidelines require affected facilities to maintain all records, including the submitted reports and notifications for at least 5 years. Burden Statement: The annual public reporting and recordkeeping burden for this collection of information is estimated to average 15 hours per response. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements which have subsequently changed; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. Respondents/Affected Entities: Municipal Solid Waste Landfills. Estimated Number of Respondents: 559. Frequency of Response: Annual. Estimated Total Annual Hour Burden: 46,146. Estimated Total Annual Cost: $3,956,321, which includes labor costs of $3,229,721 and operation and maintenance costs of $726,600. Changes in the Estimates: There is an increase of 33,690 hours in the total estimated burden currently identified in the OMB Inventory of Approved ICR Burdens. This increase reflects the recordkeeping and reporting burden for entities under State plans and the Federal plan. The original ICR included only the burden for municipal solid waste landfills subject to the Federal plan for municipal solid waste landfills. This ICR renewal adds the burden imposed by State plans to the burden imposed by the Federal plan. VerDate Nov<24>2008 17:11 Dec 31, 2009 Jkt 220001 Dated: December 24, 2009. Richard T. Westlund, Acting Director, Collection Strategies Division. [FR Doc. E9–31148 Filed 12–31–09; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [Petition IV–2008–5; FRL–9099–5] Clean Air Act Operating Permit Program; Petition for Objection to State Operating Permit for East Kentucky Power Cooperative, Inc.— William C. Dale Power Station; Clark 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 December 14, 2009, denying a petition to object to a title V operating permit issued by the Kentucky Division for Air Quality (KDAQ) to East Kentucky Power Cooperative, Inc. (EKPC) for its William C. Dale Power Station (Dale Station) located in Clark County, Kentucky. This Order constitutes a final action on the petition submitted by Sierra Club and Kentucky Environmental Foundation (Petitioners) on November 24, 2008. Pursuant to sections 307(b) and 505(b)(2) of the CAA, a petition for judicial review of the Order may be filed in the United States Court of Appeals for the appropriate circuit within 60 days from the date this notice appears in the Federal Register. 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/ region07/programs/artd/air/title5/ petitiondb/petitions/ ekpc_dale_response2008.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. PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 145 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 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 regarding the EKPC Dale Station on November 24, 2008, requesting that EPA object to the title V operating permit (#V–08–009). Petitioners alleged that the permit was not consistent with the CAA for the following reasons: (1) The maximum heat input rates in the permit must be enforceable limits because, presumably, there exists a State operating permit for Dale Station that includes maximum heat inputs and, because without such maximum heat input limits, compliance with the National Ambient Air Quality Standards for SO2 cannot be assured; and, (2) KDAQ cannot delete the three-hour averaging time from the particulate matter (PM) emission limit for certain coal handling equipment because the emission limit must have an averaging time; therefore, the three-hour averaging time should be placed back into the permit, and the permit should be required to include monitoring and reporting adequate to assure compliance with the PM limit. On December 14, 2009, the Administrator issued an Order denying the petition. The Order explains EPA’s rationale for denying the petition with respect to the issues raised. Dated: December 18, 2009. Beverly H. Banister, Acting Regional Administrator, Region 4. [FR Doc. E9–31175 Filed 12–31–09; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [Petitions IV–2008–1 and -2; FRL–9099–2] Clean Air Act Operating Permit Program; Petitions for Objection to State Operating Permit for Cash Creek Generation, LLC—Cash Creek Generating Station; Henderson County, KY AGENCY: Environmental Protection Agency (EPA). E:\FR\FM\04JAN1.SGM 04JAN1

Agencies

[Federal Register Volume 75, Number 1 (Monday, January 4, 2010)]
[Notices]
[Page 145]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-31175]


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ENVIRONMENTAL PROTECTION AGENCY

[Petition IV-2008-5; FRL-9099-5]


Clean Air Act Operating Permit Program; Petition for Objection to 
State Operating Permit for East Kentucky Power Cooperative, Inc.--
William C. Dale Power Station; Clark County, KY

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final order on petition to object to a State 
operating permit.

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SUMMARY: Pursuant to Clean Air Act (CAA) Section 505(b)(2) and 40 CFR 
70.8(d), the EPA Administrator signed an Order, dated December 14, 
2009, denying a petition to object to a title V operating permit issued 
by the Kentucky Division for Air Quality (KDAQ) to East Kentucky Power 
Cooperative, Inc. (EKPC) for its William C. Dale Power Station (Dale 
Station) located in Clark County, Kentucky. This Order constitutes a 
final action on the petition submitted by Sierra Club and Kentucky 
Environmental Foundation (Petitioners) on November 24, 2008. Pursuant 
to sections 307(b) and 505(b)(2) of the CAA, a petition for judicial 
review of the Order may be filed in the United States Court of Appeals 
for the appropriate circuit within 60 days from the date this notice 
appears in the Federal Register.

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/region07/programs/artd/air/title5/petitiondb/petitions/ekpc_dale_response2008.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 regarding the EKPC Dale Station on 
November 24, 2008, requesting that EPA object to the title V operating 
permit (V-08-009). Petitioners alleged that the permit was not 
consistent with the CAA for the following reasons: (1) The maximum heat 
input rates in the permit must be enforceable limits because, 
presumably, there exists a State operating permit for Dale Station that 
includes maximum heat inputs and, because without such maximum heat 
input limits, compliance with the National Ambient Air Quality 
Standards for SO2 cannot be assured; and, (2) KDAQ cannot 
delete the three-hour averaging time from the particulate matter (PM) 
emission limit for certain coal handling equipment because the emission 
limit must have an averaging time; therefore, the three-hour averaging 
time should be placed back into the permit, and the permit should be 
required to include monitoring and reporting adequate to assure 
compliance with the PM limit.
    On December 14, 2009, the Administrator issued an Order denying the 
petition. The Order explains EPA's rationale for denying the petition 
with respect to the issues raised.

    Dated: December 18, 2009.
Beverly H. Banister,
Acting Regional Administrator, Region 4.
[FR Doc. E9-31175 Filed 12-31-09; 8:45 am]
BILLING CODE 6560-50-P
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