[Federal Register Volume 75, Number 1 (Monday, January 4, 2010)]
[Notices]
[Page 145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-31175]


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ENVIRONMENTAL PROTECTION AGENCY

[Petition IV-2008-5; FRL-9099-5]


Clean Air Act Operating Permit Program; Petition for Objection to 
State Operating Permit for East Kentucky Power Cooperative, Inc.--
William C. Dale Power Station; Clark 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 December 14, 
2009, denying a petition to object to a title V operating permit issued 
by the Kentucky Division for Air Quality (KDAQ) to East Kentucky Power 
Cooperative, Inc. (EKPC) for its William C. Dale Power Station (Dale 
Station) located in Clark County, Kentucky. This Order constitutes a 
final action on the petition submitted by Sierra Club and Kentucky 
Environmental Foundation (Petitioners) on November 24, 2008. Pursuant 
to sections 307(b) and 505(b)(2) of the CAA, a petition for judicial 
review of the Order 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/ekpc_dale_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 a petition regarding the EKPC Dale Station on 
November 24, 2008, requesting that EPA object to the title V operating 
permit (V-08-009). Petitioners alleged that the permit was not 
consistent with the CAA for the following reasons: (1) The maximum heat 
input rates in the permit must be enforceable limits because, 
presumably, there exists a State operating permit for Dale Station that 
includes maximum heat inputs and, because without such maximum heat 
input limits, compliance with the National Ambient Air Quality 
Standards for SO2 cannot be assured; and, (2) KDAQ cannot 
delete the three-hour averaging time from the particulate matter (PM) 
emission limit for certain coal handling equipment because the emission 
limit must have an averaging time; therefore, the three-hour averaging 
time should be placed back into the permit, and the permit should be 
required to include monitoring and reporting adequate to assure 
compliance with the PM limit.
    On December 14, 2009, the Administrator issued an Order denying the 
petition. The Order explains EPA's rationale for denying the petition 
with respect to the issues raised.

    Dated: December 18, 2009.
Beverly H. Banister,
Acting Regional Administrator, Region 4.
[FR Doc. E9-31175 Filed 12-31-09; 8:45 am]
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