[Federal Register Volume 67, Number 223 (Tuesday, November 19, 2002)]
[Notices]
[Pages 69739-69740]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-29332]


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ENVIRONMENTAL PROTECTION AGENCY

[Petition IV-2001-8; FRL-7409-9]


Clean Air Act Operating Permit Program; Petition for Objection to 
State Operating Permit for Monroe Power Company; Monroe (Walton 
County), GA

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 section 505(b)(2) and 40 CFR 
70.8(d), the EPA Administrator signed an order, dated October 9, 2002, 
denying a petition to object to a state operating permit issued by the 
Georgia Environmental Protection Division (EPD) to Monroe Power Company 
(Monroe Power) located in Monroe, Walton County, Georgia. This order 
constitutes final action on the petition submitted by the Georgia 
Center for Law in the Public Interest (GCLPI or Petitioner) on behalf 
of the Sierra Club. Pursuant to section 505(b)(2) of the Clean Air Act 
(the Act) any person may seek judicial review in the United States 
Court of Appeals for the appropriate circuit within 60 days of this 
notice under section 307 of the Act.

ADDRESSES: Copies of the final 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 final order is also 
available electronically at the following address: http://www.epa.gov/region07/programs/artd/air/title5/petitiondb/petitions/monroepower_decision2001.pdf.

FOR FURTHER INFORMATION CONTACT: Art Hofmeister, Air Permits Section, 
EPA Region 4, at (404) 562-9115 or [email protected].

SUPPLEMENTARY INFORMATION: The Act affords EPA a 45-day period to 
review and, as appropriate, 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 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.
    GCLPI submitted a petition on behalf of the Sierra Club to the 
Administrator on November 14, 2001, requesting that EPA object to a 
state title V operating permit issued by EPD to Monroe Power. The 
Petitioner maintains that the Monroe Power permit is inconsistent with 
the Act because of: (1) The inadequacy of the public participation 
process and related public notice; (2) the permit's apparent limitation 
of enforcement authority and credible evidence; (3) the inadequacy of 
the monitoring and reporting requirements; (4) the permit's exclusion 
of startups, shutdowns, and malfunctions; and (5) the incompleteness of 
permit itself.
    On October 9, 2002, the Administrator issued an order denying this 
petition. The order explains the reasons behind EPA's conclusion that 
the Petitioner has failed to demonstrate that the Monroe Power permit 
is not in compliance with

[[Page 69740]]

the requirements of the Act on the grounds raised.

    Dated: November 6, 2002.
J.I. Palmer, Jr.,
Regional Administrator, Region 4.
[FR Doc. 02-29332 Filed 11-18-02; 8:45 am]
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