[Federal Register Volume 81, Number 42 (Thursday, March 3, 2016)]
[Notices]
[Page 11209]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04752]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9943-28-Region 6]


Clean Air Act Operating Permit Program; Petition for Objection to 
State Operating Permit for Southwestern Electric Power Company H.W. 
Pirkey Power Plant in Texas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final action.

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SUMMARY: Pursuant to Clean Air Act (CAA) Section 505(b)(2) and 40 CFR 
70.8(d), the Environmental Protection Agency (EPA) Administrator signed 
an Order, dated February 3, 2016, granting in part and denying in part 
the petition asking EPA to object to an operating permit issued by the 
Texas Commission on Environmental Quality for the Southwestern Electric 
Power Company (SWEPCO) H.W. Pirkey Power Plant (Title V operating 
permit number O31). The EPA's February 3, 2016 Order responds to the 
petition, dated October 30, 2014, submitted by the Environmental 
Integrity Project (EIP) and Sierra Club. Sections 307(b) and 505(b)(2) 
of the CAA provide that a petitioner may ask for judicial review by the 
United States Court of Appeals for the appropriate circuit of those 
portions of the Order that deny issues raised in the petition. Any 
petition for review shall be filed within 60 days from the date this 
notice appears in the Federal Register, pursuant to section 307(b) of 
the CAA.

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. Contact the individual listed below to view 
documents. You may view the hard copies Monday through Friday, from 
9:00 a.m. to 3:00 p.m., excluding Federal holidays. If you wish to 
examine these documents, you should make an appointment at least 24 
hours before the visiting day. Additionally, the final February 3, 2016 
Order is available electronically at: http://www.epa.gov/title-v-operating-permits/order-responding-2014-petition-requesting-administrator-object-title-v.

FOR FURTHER INFORMATION CONTACT: Aimee Wilson at (214) 665-7596, email 
address: [email protected] or the above EPA, Region 6 address.

SUPPLEMENTARY INFORMATION: The CAA affords EPA a 45-day period to 
review, and object, as appropriate, to a title V operating permit 
proposed by a state permitting authority. Section 505(b)(2) of the CAA 
authorizes any person to petition the EPA Administrator, within 60 days 
after the expiration of this review period, to object to a title V 
operating permit 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 
such objections during the comment period or unless the grounds for the 
objection arose after this period.
    The Petitioners maintain that the SWEPCO title V operating permit 
is inconsistent with the Act based on the following contentions: (1) 
The proposed permit for the Pirkey Power Plant impermissibly provides 
for exemptions from title V applicable requirements during planned 
maintenance, startup, and shutdown (MSS) activities; and (2) the 
proposed permit must clarify that credible evidence may be used by 
citizens to enforce the terms and conditions of the permit. The claims 
are described in detail in Section IV of the Order.
    Pursuant to sections 505(b) and 505(e) of the Clean Air Act (42 
U.S.C. 7661d(b) and (e)) and 40 CFR 70.7(g) and 70.8(d), the Texas 
Commission on Environmental Quality (TCEQ) has 90 days from the receipt 
of the Administrator's order to resolve the objections identified in 
Claim 1 of the Order and submit a proposed determination or 
termination, modification, or revocation and reissuance of the SWEPCO 
title V permit in accordance with EPA's objection. The Order issued on 
February 3, 2016 responds to the Petition and explains the basis for 
EPA's decision.

    Dated: February 24, 2016.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2016-04752 Filed 3-2-16; 8:45 am]
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