[Federal Register Volume 68, Number 171 (Thursday, September 4, 2003)]
[Rules and Regulations]
[Page 52517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-22545]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 70

[Petition IV-2002-1; FRL-7552-6]


Clean Air Act Operating Permit Program; Petition for Partial 
Objection and Partial Granting to State Operating Permits for TVA John 
Sevier Fossil Plant, Rogersville, TN and TVA Kingston Fossil Plant, 
Harriman, TN

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final order on petition to partially object and 
partially grant 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 July 2, 2003, 
partially denying and partially granting a petition to object to a 
state operating permit issued by the Tennessee Department of 
Environment and Conservation (TDEC) to the TVA John Sevier Fossil Plant 
located in Rogersville, Hawkins County, Tennessee and the TVA Kingston 
Fossil Plant located in Harriman, Roane County, Tennessee. This order 
constitutes final action on the petition submitted by attorney Reed 
Zars on behalf of the National Parks Conservation Association 
(Petitioner). Pursuant to section 505(b)(2) of the Clean Air Act (the 
Act) judicial review of this action is available to the extent the 
petition has been denied by the filing of a petition for 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:

FOR FURTHER INFORMATION CONTACT: Daphne Wilson, Air Permits Section, 
EPA Region 4, at (404) 562-9098 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.
    Reed Zars submitted a petition on behalf of the National Parks 
Conservation Association to the Administrator on November 18, 2002, 
requesting that EPA object to a state Title V operating permit issued 
by TDEC to TVA John Sevier Fossil Plant and Kingston Fossil Plant. The 
Petitioner maintains that the TVA permit is inconsistent with the Act 
because: (1) The permit condition fails to ensure compliance with the 
applicable opacity limits; (2) TDEC improperly shields the source from 
its requirement to independently certify compliance; (3) TDEC does not 
have the ability to make changes to the SIP without EPA approval.
    On July 2, 2003, the Administrator issued an order partially 
denying and partially granting this petition. The order explains the 
reasons behind EPA's conclusion that the petitioner has demonstrated 
cause to reopen the permits based on the first and second issues. The 
order also explains the reason for denying the remaining claim.

    Dated: August 25, 2003.
J.I. Palmer, Jr.,
Regional Administrator, Region 4.
[FR Doc. 03-22545 Filed 9-3-03; 8:45 am]
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