[Federal Register Volume 75, Number 1 (Monday, January 4, 2010)]
[Notices]
[Pages 145-146]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-31149]


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ENVIRONMENTAL PROTECTION AGENCY

[Petitions IV-2008-1 and -2; FRL-9099-2]


Clean Air Act Operating Permit Program; Petitions for Objection 
to State Operating Permit for Cash Creek Generation, LLC--Cash Creek 
Generating Station; Henderson County, KY

AGENCY: Environmental Protection Agency (EPA).

[[Page 146]]


ACTION: Notice of final order on petitions 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 December 15, 
2009, granting in part and denying in part petitions to object to a 
merged prevention of significant deterioration (PSD) and title V 
operating permit issued by the Kentucky Division for Air Quality (KDAQ) 
to Cash Creek Generation, LLC for its Cash Creek Generating Station 
located near Owensboro in Henderson County, Kentucky. This Order 
constitutes a final action on parts of the petitions submitted by 
Sierra Club and Valley Watch (Petitioners) on January 31, 2008, and 
February 13, 2008, respectively. Pursuant to sections 307(b) and 
505(b)(2) of the CAA, a petition for judicial review of those parts of 
the Order that deny issues in the petition may be filed in the United 
States Court of Appeals for the appropriate circuit within 60 days from 
the date this notice appears in the Federal Register.

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/cashcreek_
response2008.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 petitions regarding the Cash Creek Generating 
Station on January 31, 2008, and February 13, 2008, respectively, 
requesting that EPA object to the merged PSD and title V operating 
permit (V-07-017). Petitioners alleged that the permit was not 
consistent with the CAA for the following reasons: (1) The best 
available control technology (BACT) analyses did not include natural 
gas as a clean fuel; (2) the permit lacks the appropriate new source 
performance standards for the combustion turbines planned for the 
facility; (3) the permit lacks a limit for particulate matter of less 
than or equal to 2.5 microns in diameter; (4) the permit lacks a BACT 
limit for carbon dioxide; (5) KDAQ did not consider, and was 
unresponsive to, public input regarding alternatives analysis for the 
proposed permit; (6) Elm Road (a facility located in Wisconsin) 
sulfuric acid mist limits were not considered in the BACT analysis; (7) 
KDAQ did not respond to comments regarding material handling and 
storage emissions; and (8) KDAQ did not respond to Valley Watch 
comments on increased ozone formation due to the emissions from the 
proposed source.
    On December 15, 2009, the Administrator issued an Order granting in 
part and denying in part the petitions. The Order explains EPA's 
rationale for granting the petitions with respect to issues 1, 2, 3, 5, 
6, and 8; and denying the petitions with respect to the remaining 
issues.

    Dated: December 18, 2009.
Beverly H. Banister,
Acting Regional Administrator, Region 4.
[FR Doc. E9-31149 Filed 12-31-09; 8:45 am]
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