[Federal Register Volume 72, Number 197 (Friday, October 12, 2007)]
[Notices]
[Page 58078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-20173]


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ENVIRONMENTAL PROTECTION AGENCY

[Petition IV-2006-4; FRL-8481-1]


Clean Air Act Operating Permit Program; Petition for Objection to 
State Operating Permit for East Kentucky Power Cooperative--Hugh L. 
Spurlock Generating Station; Maysville (Mason County), KY

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 August 30, 2007, 
partially granting and partially denying a petition to object to a 
state operating permit issued by the Kentucky Division for Air Quality 
(KDAQ) to East Kentucky Power Cooperative--Hugh L. Spurlock Generating 
Station (Spurlock Station) located in Maysville, Mason County, 
Kentucky. This Order constitutes final action on the petition submitted 
by Sierra Club (Petitioner). Pursuant to section 505(b)(2) of the Clean 
Air Act (the Act), any person may seek judicial review of the Order in 
the United States Court of Appeals for the appropriate circuit within 
60 days of this notice under section 307(b) 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/ spurlock--
decision2006.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.
    Petitioner submitted a petition on August 17, 2006, requesting that 
EPA object to a state title V operating permit issued by KDAQ to 
Spurlock Station. Petitioner alleges that the permit is inconsistent 
with the Act for the following reasons: (1) The permit does not specify 
whether continuous opacity monitoring data will be available (as 
credible evidence) to prove a violation of the opacity standard for 
Unit 1; (2) the permit does not include a heat rate input limit for 
Unit 2; (3) the permit does not contain a compliance schedule for 
bringing Unit 2 into compliance with prevention of significant 
deterioration requirements; (4) the permit improperly omits an 
applicable requirement to construct and operate Unit 3 consistent with 
and in accordance to the specifications provided in its permit 
application; (5) the permit contains erroneous best available control 
technology (BACT) limits at Unit 3 for several pollutants; (6) the 
permit contains unenforceable limits related to particulate matter and 
hazardous air pollutant emissions from Unit 3; and (7) the permit 
contains erroneous BACT limits for Unit 4.
    On August 30, 2007, the Administrator issued an Order partially 
granting and partially denying the petition. The Order explains EPA's 
rationale for granting the petition with respect to Issue 2 (heat rate 
input limit) and Issue 7 (concerning the BACT determination for sulphur 
dioxide and low sulfur coal at Unit 4). The Order also provides the 
basis for denying the petition with respect to: Issue 1 (whether 
continuous opacity monitoring data will be available as credible 
evidence); Issue 3 (compliance schedule for Unit 2); Issue 4 (omission 
of an applicable requirement to construct and operate Unit 3); Issue 5 
(BACT limits for several pollutants at Unit 3); Issue 6 (unenforceable 
limits related to particulate matter and hazardous air pollutants from 
Unit 3); and Issue 7 (concerning the BACT determination for sulfur 
dioxide and coal washing, particulate matter, mercury and beryllium, 
and consideration of Integrated Gasification Combined Cycle technology 
at Unit 4).

    Dated: September 25, 2007.
J.I. Palmer, Jr.,
Regional Administrator, Region 4.
 [FR Doc. E7-20173 Filed 10-11-07; 8:45 am]
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