[Federal Register Volume 71, Number 86 (Thursday, May 4, 2006)]
[Notices]
[Pages 26364-26365]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-6772]


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ENVIRONMENTAL PROTECTION AGENCY

[Petitions IV-2002-4 and -6 FRL-8166-7]


Clean Air Act Operating Permit Program; Petitions for Objection 
to State Operating Permit Amendments for Georgia Power Company--Bowen 
Steam-Electric Generating Plant, Cartersville (Bartow County), GA; 
Branch Steam-Electric Generating Plant, Milledgeville (Putnam County), 
GA; Hammond Steam-Electric Generating Plant, Coosa (Floyd County), GA; 
McDonough/Atkinson Steam-Electric Generating Plant, Smyrna (Cobb 
County), GA; Scherer Steam-Electric Generating Plant, Juliette (Monroe 
County), GA; Wansley Steam-Electric Generating Plant, Roopville (Heard 
County), GA; and Yates Steam-Electric Generating Plant, Newnan (Coweta 
County), GA

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final order denying petitions to object to state 
operating permit amendments.

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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 March 15, 2006, 
denying two (2) petitions to object to state operating permit 
amendments issued by the Georgia Environmental Protection Division 
(EPD) to Georgia Power Company for the following facilities: Bowen 
Steam-Electric Generating Plant located in Cartersville, Bartow County, 
Georgia; Branch Steam-Electric Generating Plant located in 
Milledgeville, Putnam County, Georgia; Hammond Steam-Electric 
Generating Plant located in Coosa, Floyd County, Georgia; McDonough/
Atkinson Steam-Electric Generating Plant located in Smyrna, Cobb 
County, Georgia; Scherer Steam-Electric Generating Plant located in 
Juliette, Monroe County, Georgia; Wansley Steam-Electric Generating 
Plant located in Roopville, Heard County, Georgia; and Yates Steam-
Electric Generating Plant located in Newnan, Coweta County, Georgia. 
This

[[Page 26365]]

order constitutes final action on two (2) petitions submitted by the 
Georgia Center for Law in the Public Interest (GCLPI) on behalf of the 
Sierra Club, Georgia Forest Watch, and Colleen Kiernan and the Sierra 
Club and Georgia Public Interest Research Group, respectively. 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 Order, the petitions, 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/region7/programs/artd/air/title5/petitiondb/petitions/bowen-7plants_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.
    On July 9, 2002, EPA received a petition submitted by GCLPI on 
behalf of the Sierra Club, Georgia Forest Watch, and Colleen Kiernan 
(Petitioners), requesting that EPA object to a state title V operating 
permit amendment issued by EPD to Georgia Power for Plant Bowen. On 
November 20, 2002, EPA received another petition from GCLPI on behalf 
of the Sierra Club and Georgia Public Interest Research Group 
(Petitioners), requesting that EPA object to another state title V 
operating permit amendment issued by EPD to Georgia Power for Plant 
Bowen as well as six (6) other state title V operating permit 
amendments issued for Plants Branch, Hammond, McDonough/Atkinson, 
Scherer, Wansley, and Yates. The Petitioners maintain that the 
respective permit amendments are inconsistent with the Act because the 
emissions reductions required by the permit terms contained therein do 
not qualify as offsets. Since the petitions have been determined by EPA 
to be interrelated, they have been considered together.
    On March 15, 2006, the Administrator issued an order denying the 
petitions. The order explains the reasons behind EPA's conclusion that 
the Petitioners failed to demonstrate that the respective permit 
amendments are not in compliance with the requirements of the Act.

    Dated: April 25, 2006.
A. Stanley Meiburg,
Deputy Regional Administrator, Region 4.
 [FR Doc. E6-6772 Filed 5-3-06; 8:45 am]
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