[Federal Register Volume 74, Number 18 (Thursday, January 29, 2009)]
[Notices]
[Page 5157]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-1918]


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ENVIRONMENTAL PROTECTION AGENCY

[Petition IV-2003-2; FRL-8769-3]


Clean Air Act Operating Permit Program; Petition for Objection to 
State Operating Permit for Thoroughbred Generating Company, LLC--
Thoroughbred Generating Station; Central City (Muhlenberg 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 January 8, 2009, 
denying a petition to object to a state operating permit issued by the 
Kentucky Division for Air Quality (KDAQ) to Thoroughbred Generating 
Company, LLC--Thoroughbred Generating Station (TGS) located near 
Central City, Muhlenberg County, Kentucky. This Order constitutes final 
action on the petition submitted by the Natural Resources Defense 
Council, Sierra Club, Valley Watch, the National Parks Conservation 
Association, the Ohio Valley Environmental Coalition, and Elizabeth and 
Hannah Crowe (Petitioners) on January 24, 2003. 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/region7/programs/artd/air/title5/petitiondb/petitions/thoroughbred_decision2003.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.
    Petitioners submitted a petition on January 24, 2003, requesting 
that EPA object to a state title V operating permit issued by KDAQ to 
TGS. However, on December 15, 2008, Thoroughbred Generating Company 
relinquished the permit at issue in the petition. Therefore, on January 
8, 2009, the Administrator issued an Order denying the petition as moot 
since no permit about which EPA could object existed. The Order further 
explains EPA's rationale for denying the petition.

    Dated: January 20, 2009.
J.I. Palmer, Jr.,
Regional Administrator, Region 4.
[FR Doc. E9-1918 Filed 1-28-09; 8:45 am]
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