[Federal Register Volume 70, Number 196 (Wednesday, October 12, 2005)]
[Notices]
[Pages 59337-59338]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-20416]


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ENVIRONMENTAL PROTECTION AGENCY

[Petition IV-2002-1; FRL-7982-7]


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 denying petition to object to a state 
operating permit in response to remand.

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SUMMARY: On September 15, 2005, the Administrator issued an Order 
Responding to Remand denying a petition to object to a state operating 
permit issued to Oglethorpe Power Company (Oglethorpe)--Wansley 
Combined Cycle Energy Facility (Block 8) located in Roopville, Heard 
County, Georgia, pursuant to title V of the Clean Air Act (the Act), 42 
U.S.C. 7661-7661f. On February 4, 2002, Sierra Club had filed a 
petition seeking EPA's objection to the title V operating permit for 
Block 8 issued by the Georgia Environmental Protection Division (EPD). 
The Administrator denied the petition in an Order dated November 15, 
2002. Pursuant to Section 502(b) of the Act, Sierra Club appealed to 
the U.S. Court of Appeals for the Eleventh Circuit (the Court), arguing 
that Oglethorpe was not entitled to a permit for Block 8 (in accordance 
with Georgia's Statewide Compliance Rule) because it owns part of 
another major stationary source that has been cited for non-compliance 
with the Act. On May 5, 2004, the Court granted Sierra Club's petition 
for review, vacated the November 12, 2002, Order, and remanded to EPA 
for further explanation of the manner in which the Georgia rule should 
be applied in cases of partial ownership. After considering the issues 
raised by the Court, the Order Responding to Remand reaches the same 
conclusion as EPA's original Order, but provides a more detailed 
explanation.

ADDRESSES: Copies of the Order Responding to Remand, 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 remanded final 
order is also available electronically at the following address: http:/
/www.epa.gov/region7/programs/artd/air/title5/petitiondb/petitions/

[[Page 59338]]

opcwansley--decision2002(remanded).pdf.

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

SUPPLEMENTARY INFORMATION: The Georgia Center for Law in the Public 
Interest originally submitted a petition on behalf of the Sierra Club 
(Petitioner) to the Administrator on February 4, 2002, requesting that 
EPA object to a state title V operating permit issued by the EPD to 
Oglethorpe. Other inconsistencies (with the Act) alleged by the 
Petitioner were: (1) That the permit failed to require a case-by-case 
maximum achievable control technology determination for the emissions 
of hazardous air pollutants; (2) that the permit failed to include 
adequate monitoring of carbon monoxide; (3) that the permit 
impermissibly limited the enforceability of a federal stack height 
provision; and (4) that the permit failed to include short-term best 
available control technology limits. EPA's responses to the above 
issues in the November 12, 2002, Order were upheld by the Court; 
therefore, sections IV.B. through IV.E. of the November 12, 2002, Order 
are incorporated by reference into the Order Responding to Remand.

    Dated: October 5, 2005.
J. I. Palmer, Jr.,
Regional Administrator, Region 4.
[FR Doc. 05-20416 Filed 10-11-05; 8:45 am]
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