[Federal Register Volume 74, Number 152 (Monday, August 10, 2009)]
[Notices]
[Page 39958]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-19071]



[[Page 39958]]

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ENVIRONMENTAL PROTECTION AGENCY

[Petition IV-2007-3; FRL-8943-1]


Clean Air Act Operating Permit Program; Petition for Objection to 
State Operating Permit for Tennessee Valley Authority--Paradise Fossil 
Fuel Plant; Drakesboro (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 (CAA) section 505(b)(2) and 40 CFR 
70.8(d), the EPA Administrator signed an Order, dated July 13, 2009, 
partially granting and partially denying a petition to object to a 
State operating permit issued by the Kentucky Division for Air Quality 
(KDAQ) to Tennessee Valley Authority (TVA) for its Paradise Fossil Fuel 
Plant (Plant Paradise) located in Drakesboro, Muhlenberg County, 
Kentucky. This Order constitutes a final action on the petition 
submitted by Preston Forsythe, the Center for Biological Diversity, 
Kentucky Heartwood, Sierra Club, and Hilary Lambert (Petitioners) on 
December 27, 2007. 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 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 Order is also available 
electronically at the following address: http://www.epa.gov/region7/programs/artd/air/title5/petitiondb/petitions/tvaparadise_decision2007.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, the authority to object to operating 
permits proposed by State permitting authorities under title V of the 
CAA, 42 U.S.C. 7661-7661f. Section 505(b)(2) of the CAA 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 December 27, 2007, requesting 
that EPA object to a State title V operating permit issued by KDAQ to 
TVA Plant Paradise. Petitioners alleged that the permit was not 
consistent with the CAA for the following reasons: (1) The permit fails 
to include the prevention of significant deterioration (PSD) analysis 
for the three main boilers (Units 1-3) for NOX due to 
alleged modifications undertaken at Plant Paradise beginning in 1984 
without TVA obtaining required PSD permits; (2) the permit does not 
require year-round operation of the selective catalytic reduction 
system consistent with 401 KAR 50:055; (3) continuous opacity 
monitoring systems (COMS) should be installed on Units 1-3 and that 
Method 9 is not sufficient to ensure compliance with the opacity 
requirements; (4) the permit fails to require a continuous emissions 
monitoring system (CEMS) for NOX; (5) the particulate matter 
emissions monitoring from the coal washing and handling plant are not 
enforceable and are inadequate; (6) the permit fails to require 
reporting of all monitoring results from COMS or CEMS; (7) the permit 
fails to contain language allowing for the use of any credible 
evidence; (8) the permit fails to include a case-by-case maximum 
achievable control technology determination for Units 4-6 for the 
industrial boiler national emissions standard for hazardous air 
pollutants.
    On July 13, 2009, 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 issues 1, 3, 4 and 
5, and denying on the other issues.

    Dated: July 29, 2009.
Beverly Banister,
Acting Regional Administrator, Region 4.
[FR Doc. E9-19071 Filed 8-7-09; 8:45 am]
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