[Federal Register Volume 74, Number 184 (Thursday, September 24, 2009)]
[Notices]
[Page 48731]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-23077]


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ENVIRONMENTAL PROTECTION AGENCY

[Petition IV-2008-3; FRL-8962-8 ]


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 an Order, dated August 12, 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 Louisville Gas and Electric (LG&E) for its Trimble County 
Generating Station located in Bedford, Trimble County, Kentucky. This 
Order constitutes a final action on the petitions submitted by Save the 
Valley, Sierra Club, and Valley Watch (Petitioners) on April 28, 2008 
(Petition 2), and March 2, 2006 (Petition 1), respectively. 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/region07/programs/artd/air/title5/petitiondb/petitions/lg&e_2nddecision2006.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 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. On September 10, 2008, EPA issued a ``Partial Order Responding to 
March 2, 2006, Petition and Denying in Part and Granting in Part 
Request for Objection to Permit Revision 2.'' In the September 2008 
Order, EPA explained that some issues raised in Petition 1 were 
affected by permit Revision 3 and also discussed in Petition 2. At this 
time, EPA is addressing all the remaining issues identified by 
Petitioners in Petitions 1 and 2.
    Petitioners alleged that the permit was not consistent with the CAA 
for the following reasons: (1) Public participation procedures were not 
adequate; (2) the permit failed to include requirements for addressing 
green house gases; (3) the best available control technology (BACT) 
analysis for nitrogen oxides and sulfur dioxide was not adequate; (4) 
BACT for the auxiliary boiler and emergency diesel generator were not 
adequate; (5) BACT for support operations was not adequate; (6) BACT 
for particulate matter (PM) and particulate matter with a diameter less 
than or equal to ten micrometers (PM10) was not adequate; 
(7) BACT for sulfuric acid mist (SAM) was not adequate; (8) the permit 
failed to consider particulate matter with a diameter less than or 
equal to 2.5 micrometers; (9) the permit failed to express limits in an 
adequate manner; (10) BACT analyses did not include clean fuels; (11) 
the permit lacked a maximum achievable control technology determination 
for mercury and other hazardous air pollutants; (12) the emission 
limits for SAM, PM/PM10, and mercury were not enforceable 
(compliance assurance monitoring concerns); and (13) the permit 
improperly relied on manufacturer specifications that are not included 
in the permit, did not identify test methods, and additional concerns 
regarding netting.
    On August 12, 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 4 and 8, 
above, and denying on the other issues.

    Dated: September 14, 2009.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. E9-23077 Filed 9-23-09; 8:45 am]
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