[Federal Register Volume 75, Number 9 (Thursday, January 14, 2010)]
[Notices]
[Pages 2140-2141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-621]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9102-9]


Clean Air Act Operating Permit Program; Petition for Objection to 
Federal Operating Permit for American Electric Power Service 
Corporation, Southwest Electric Power Company

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final action.

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SUMMARY: This document announces that the EPA Administrator has 
responded to a citizen petition asking EPA to object to the American 
Electric Power Service Corporation, Southwest Electric Power Company 
(AEP) operating permit issued by the Arkansas Department of 
Environmental Quality. Specifically, the Administrator has partially 
granted and partially denied the petition submitted by Environmental 
Integrity Project, Sierra Club and Audubon (Petitioners), to object to 
the title V operating permit for AEP to operate the John W. Turk, Jr. 
power plant in Fulton, Hempstead County, Arkansas (Turk plant).
    Pursuant to section 505(b)(2) of the Clean Air Act (Act), the 
petitioner may seek judicial review of those portions of the petition 
which EPA denied in the United States Court of Appeals for the 
appropriate circuit. Any petition for review shall be filed within 60 
days from the date this notice appears in the Federal Register, 
pursuant to section 307 of the Act.

ADDRESSES: You may review copies of the final order, the petition, and 
other supporting information at EPA Region 6, 1445 Ross Avenue, Dallas, 
Texas 75202-2733. EPA requests that if at all possible, you contact the 
individual listed in the FOR FURTHER INFORMATION CONTACT section to 
view copies of the final order, petition, and other supporting 
information. If you wish to examine these documents, you should make an 
appointment at least 24 hours before visiting day. The final order is 
also available electronically at: http://www.epa.gov/region07/programs/artd/air/title5/petitiondb/petitions/aep_turk_response2008.pdf.

FOR FURTHER INFORMATION CONTACT: Richard Barrett, Air Permits Section, 
Multimedia Planning and Permitting Division, EPA Region 6, 1445 Ross 
Avenue, Dallas, Texas 75202-2733, telephone (214) 665-7227, or e-mail 
at [email protected].

SUPPLEMENTARY INFORMATION: The Act affords EPA a 45-day period to 
review, and, as appropriate, object to operating

[[Page 2141]]

permits proposed by State permitting authorities under title V of the 
Act. Section 505(b)(2) of the Act authorizes any person to petition the 
EPA Administrator within 60 days after the expiration of this review 
period to object to title V operating permits if EPA has not done so. 
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.
    On November 24, 2008, EPA received a petition from the Petitioners 
requesting that EPA object to the issuance of the title V operating 
permit to AEP for the operation of the Turk plant. Specifically, the 
Petitioners claimed that: (1) The best available control technology 
(BACT) analysis for the Turk plant's prevention of significant 
deterioration (PSD) permit was flawed; (2) the maximum available 
control technology (MACT) analysis was flawed; (3) the permit failed to 
assure compliance with, and practical enforceability of, the emission 
limits and standards required for PSD permits and title V of the Act; 
and (4) EPA should object to the permit because it failed to regulate 
carbon dioxide (CO2) and greenhouse gas (GHG) emissions from 
the Turk plant.
    On December 15, 2009, the Administrator issued an order partially 
granting and partially denying the petition. The order explains the 
reasons behind EPA's conclusion to partially grant and partially deny 
the petition for objection.

    Dated: January 6, 2010.
Lawrence E. Starfield,
Deputy Regional Administrator, Region 6.
[FR Doc. 2010-621 Filed 1-13-10; 8:45 am]
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