[Federal Register Volume 73, Number 206 (Thursday, October 23, 2008)]
[Notices]
[Pages 63148-63149]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-25163]


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ENVIRONMENTAL PROTECTION AGENCY

[Petition IV-2006-3; FRL-8732-8]


Clean Air Act Operating Permit Program; Petition for Objection to 
State Operating Permit for Louisville Gas and Electric Company--Trimble 
County Generating Station; Bedford (Trimble 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 (CAA) Section 505(b)(2) and 40 CFR 
70.8(d), the EPA Administrator signed a Partial Order, dated September 
10, 2008, partially granting and partially denying a petition to object 
to a state operating permit issued by the Kentucky Division for Air 
Quality (KDAQ) to Louisville Gas and Electric Company (LG&E) for its 
Trimble County Generating Station located in Bedford, Trimble County, 
Kentucky. This Partial Order constitutes a final action on the petition 
submitted by Save the Valley, Sierra Club, and Valley Watch 
(Petitioners) on March 2, 2006. Pursuant to section 505(b)(2) of the 
CAA, 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 Partial 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 Partial Order is also 
available electronically at the following address: http://www.epa.gov/region7/programs/artd/air/title5/petitiondb/petitions/lg&e_decision2006.pdf.

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

SUPPLEMENTARY INFORMATION: The CAA 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. 766 1-
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.
    Petitioners submitted the first of two petitions regarding the LG&E 
Trimble County Generating Station on March 2, 2006, requesting that EPA 
object to Revision 2 to the LG&E merged prevention of significant 
deterioration and title V operating permit. The second petition, 
regarding Revision 3 to the merged permit, was submitted on April 29, 
2008. Pursuant to an agreement between EPA and the Petitioners, the 
September 10, 2008, Partial Order responded only to those issues raised 
in the March 2006 petition that were unaffected by Revision 3 to the 
LG&E permit. Thus, the September 10, 2008, Order is a partial order. 
EPA will be responding to the remainder of the issues raised in the two 
petitions by March 29, 2009, consistent with the agreement reached 
between EPA and the Petitioners. The September 10, 2008, Partial Order 
addresses the following issues where Petitioners allege that the merged 
permit is inconsistent with the CAA: (1) The mercury limits do not 
represent the best available control technology (BACT); (2) the opacity 
and visible emissions limits are not BACT; (3) the permit fails to 
contain conditions requiring BACT during periods of startup and 
shutdown; (4) the emission limits at various support facilities are not 
BACT; (5) the compliance provisions contained in the statement of basis 
are not a part of the permit; (6) the compliance assurance monitoring 
provisions related to volatile organic compound (VOC) limits are not 
adequate to ensure compliance; (7) the

[[Page 63149]]

limits for toxic substances are not enforceable; (8) the limits for 
lead are not enforceable; (9) the limits for VOC are not enforceable; 
(10) ``startup and shutdown'' and ``good combustion control'' are not 
defined; and (11) the permit raises general concerns.
    The September 10, 2008, Partial Order explains EPA's rationale for 
granting the petition with respect to the issues summarized in numerals 
3 and 7, above. The Partial Order also describes the basis for denying 
the petition with respect to the remaining issues listed above.
    A second partial order will follow that addresses the remaining 
outstanding issues from the March 2006 petition, as well as the April 
2008 petition, and it will undergo the same Federal Register procedures 
as this Partial Order.

    Dated: October 10, 2008.
J.I. Palmer, Jr.,
Regional Administrator, Region 4.
[FR Doc. E8-25163 Filed 10-22-08; 8:45 am]
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