[Federal Register Volume 67, Number 250 (Monday, December 30, 2002)]
[Notices]
[Page 79610]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-32904]


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ENVIRONMENTAL PROTECTION AGENCY

[Petition IV-2002-1; FRL-7432-5]


Clean Air Act Operating Permit Program; Petition for Objection to 
State Operating Permit for Oglethorpe Power Company--Wansley Combined 
Cycle Energy Facility; Roopville (Heard 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 November 15, 
2002, denying a petition to object to a state operating permit issued 
by the Georgia Environmental Protection Division (EPD) to Oglethorpe 
Power Company--Wansley Combined Cycle Energy Facility (WCCEF) located 
in Roopville, Heard County, Georgia. This order constitutes final 
action on the petition submitted by the Georgia Center for Law in the 
Public Interest (GCLPI) on behalf of the Sierra Club (Petitioner). 
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/ 
oglethorpewansley--decision2002.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, 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 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 February 4, 2002, requesting that EPA object to a 
state title V operating permit issued by EPD to WCCEF. The Petitioner 
maintains that the WCCEF permit is inconsistent with the Act because 
of: (1) The permit's lack of a requirement for a case-by-case maximum 
achievable control technology determination; (2) the inadequacy of the 
test method used to determine compliance with a carbon monoxide 
emission limit; (3) the identification of Georgia Rule 391-3-
1-.03(2)(c) as ``State Only Enforceable''; (4) the omission of a short-
term best available control technology limit covering startup and 
shutdown periods; and (5) EPD's improper issuance of the permit to a 
company with other facilities that are operating out of compliance with 
their respective permits.
    On November 15, 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 WCCEF permit is 
not in compliance with the requirements of the Act on the grounds 
raised.

    Dated: December 6, 2002.
A. Stanley Meiburg,
Deputy Regional Administrator, Region 4.
[FR Doc. 02-32904 Filed 12-27-02; 8:45 am]
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