[Federal Register Volume 77, Number 139 (Thursday, July 19, 2012)]
[Notices]
[Page 42492]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-17632]


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ENVIRONMENTAL PROTECTION AGENCY

[Petition IV-2010-9; FRL-9700-9]


Clean Air Act Operating Permit Program; Petition for Objection to 
State Operating Permit for Kentucky Syngas, LLC; Muhlenberg 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) the EPA Administrator signed 
an Order, dated June 22, 2012, partially granting and partially denying 
a petition to object to a CAA merged prevention of significant 
deterioration and title V operating permit issued by the Kentucky 
Division for Air Quality (KDAQ) to Kentucky Syngas, LLC (KSG) for its 
facility located near Central City in Muhlenberg County, Kentucky. This 
Order constitutes a final action on the petition submitted by 
Environmental Policy & Law Center on behalf of Sierra Club and Valley 
Watch (Petitioners) and received by EPA on October 27, 2010. 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 is 
published in the Federal Register.

DATES: September 17, 2012.

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/air/title5/petitiondb/petitions/kentuckysyngas_response2010.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 KSG (received by EPA on 
October 27, 2010), requesting that EPA object to the CAA title V 
operating permit (V-09-001). Petitioners alleged that the 
permit was not consistent with the CAA because: (1) KDAQ failed to 
provide an opportunity for meaningful public participation; (2) KDAQ 
failed to consider and respond to comments on alternatives; (3) KDAQ's 
decision to permit the KSG facility and the Thoroughbred Mine 
separately was arbitrary and capricious; (4) the best available control 
technology (BACT) analyses omitted consideration of clean fuels and 
processes; (5) emissions estimates from the flare and BACT for the 
flare were in error; (6) the permit failed to meet certain requirements 
for hazardous air pollutants; (7) KDAQ failed to accurately account for 
all emissions of volatile organic compounds in the potential-to-emit 
calculation; (8) the permit's monitoring requirements for a variety of 
different units and pollutants were inadequate; (9) KSG failed to 
accurately estimate, sufficiently control and adequately model 
particulate matter; (10) KDAQ failed to demonstrate that the proposed 
facility will not cause or contribute to violations of the ozone 
national ambient air quality standard; and (11) the permit lacked the 
necessary PM2.5 limit.
    On June 22, 2012, the Administrator issued an Order partially 
granting and partially denying the petition. The Order explains EPA's 
rationale for partially granting and partially denying the petition.

    Dated: July 6, 2012.
A. Stanley Meiburg,
Deputy Regional Administrator. Region 4.
[FR Doc. 2012-17632 Filed 7-18-12; 8:45 am]
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