[Federal Register Volume 69, Number 194 (Thursday, October 7, 2004)]
[Notices]
[Page 60150]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22589]


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ENVIRONMENTAL PROTECTION AGENCY

[Petition IV-2003-4; FRL-7825-9]


Clean Air Act Operating Permit Program; Petition for Objection To 
State Operating Permit for Tennessee Valley Authority--Gallatin Power 
Plant; Gallatin (Sumner County), Tennessee and Johnsonville Power 
Plant; New Johnsonville (Humphreys County), TN

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 July 29, 2004, 
partially granting and partially denying a petition to object to a 
state operating permit issued by the Tennessee Department of 
Environment and Conservation (TDEC) to the Tennessee Valley Authority 
(TVA), for its Gallatin Power Plant located in Gallatin, Sumner 
County,Tennessee and its Johnsonville Power Plant located in New 
Johnsonville, Humphreys County, Tennessee. Pursuant to section 
505(b)(2) of the Clean Air Act (CAA or the Act), judicial review of any 
denial of the petition may be sought in the United States Court of 
Appeals for the appropriate circuit within 60 days of this notice under 
section 307 of the Act. No objection shall be subject to judicial 
review until final action is taken to issue or deny a permit under CAA 
section 505(c).

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/tva_decision2003.pdf.

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.
    Mr. Reed Zars submitted a petition on behalf of the Sierra Club to 
the Administrator on April 9, 2003, requesting that EPA object to two 
state title V operating permits issued by TDEC to TVA. The Petitioner 
maintains that the TVA Gallatin and Johnsonville permits are 
inconsistent with the Act because:
    (1) Certain permit conditions fail to ensure compliance with 
applicable opacity limits; (2) the permit conditions improperly shield 
TVA from its requirement to independently certify compliance; (3) the 
permit conditions allow TDEC to make changes to the Tennessee State 
Implementation Plan (SIP) without EPA approval; and (4) the 
Johnsonville permit contains a less stringent opacity limit than is 
required by the SIP.
    On July 29, 2004, the Administrator issued an order partially 
granting and partially denying this petition. The order explains the 
detailed reasons behind EPA's conclusion that the Petitioner adequately 
demonstrated that the TVA Gallatin and Johnsonville permits are not in 
compliance with the requirements of the Act. EPA agreed that certain 
permit conditions fail to ensure compliance with the applicable opacity 
limit and that these conditions improperly shield TVA from its 
requirement to independently certify compliance. The petitioner's claim 
that the Johnsonville permit contains a less stringent opacity limit 
than is required in the SIP was denied because the limit established in 
the permit is not less stringent than required by the SIP. As a result 
of the EPA's objections, TDEC is required to reopen the permit in 
accordance with 40 CFR 70.7(g)(4) or (g)(5)(i) and (ii).

    Dated: September 30, 2004.
Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 04-22589 Filed 10-6-04; 8:45 am]
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