[Federal Register Volume 74, Number 244 (Tuesday, December 22, 2009)]
[Notices]
[Pages 68057-68058]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-30401]


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ENVIRONMENTAL PROTECTION AGENCY

[Petition IV-2008-4b; FRL-9094-4]


Clean Air Act Operating Permit Program; Petition for Objection to 
State Operating Permit for East Kentucky Power Cooperative, Inc.--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 (CAA) Section 505(b)(2) and 40 CFR 
70.8(d), the EPA Administrator signed an Order, dated November 30, 
2009, both granting and denying, in part, a petition to object to a 
merged prevention of significant deterioration (PSD) and state 
operating permit issued by the Kentucky Division for Air Quality (KDAQ) 
to East Kentucky Power Cooperative, Inc. (EKPC) for its Hugh L. 
Spurlock Generating Station located in Maysville, Mason County, 
Kentucky. This Order constitutes a final action on the remaining two 
issues raised in the petition submitted by Sierra Club (Petitioner) on 
April 28, 2008. 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/spurlock_2nd_response2008.pdf.

FOR FURTHER INFORMATION CONTACT: Art Hofmeister, Air Permits Section, 
EPA

[[Page 68058]]

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.
    Petitioner submitted a petition regarding the EKPC Spurlock 
Generating Station on April 28, 2008, requesting that EPA object to 
Revision 2 to the EKPC merged PSD and title V operating permit. 
Pursuant to a proposed Consent Decree, EPA agreed to address the issue 
regarding the lack of hazardous air pollutant emission limits under 
section 112(g) of the CAA in an order that was issued on September 21, 
2009. The remaining two issues are addressed in this Order. The issues 
are: (1) The permit revision proposed by KDAQ fails to include the 
required heat input limit applicable to Unit 2 and unlawfully attempts 
to increase that limit without going through PSD (or any other CAA 
title I) permitting and (2) KDAQ's review of low-sulfur coal was not 
adequate.
    On November 30, 2009, the Administrator issued an Order both 
granting and denying, in part, the petition with respect to the 
remaining two issues. The Order explains EPA's rationale for granting 
the petition with respect to issue 2 and denying the petition with 
respect to issue 1.

    Dated: December 11, 2009.
Beverly H. Banister,
Acting Regional Administrator, Region IV.
[FR Doc. E9-30401 Filed 12-21-09; 8:45 am]
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