[Federal Register Volume 84, Number 206 (Thursday, October 24, 2019)]
[Notices]
[Page 57018]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23223]


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ENVIRONMENTAL PROTECTION AGENCY

[Petition IV-2017-10; FRL-10001-39-Region 4]


Clean Air Act Operating Permit Program; Petition for Objection to 
State Operating Permit for Mill Creek Generating Station (Jefferson 
County, Kentucky)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final order on petitions to object to state operating 
permits.

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SUMMARY: The EPA Administrator signed an Order, dated October 3, 2019, 
denying the petition submitted by Sierra Club (Petitioner) objecting to 
a proposed Clean Air Act (CAA) title V operating permit issued to Mill 
Creek Generating Station (Mill Creek) located in Jefferson County, 
Kentucky. The Order responds to a June 2, 2017, petition requesting 
that the EPA object to the final operating permit number O-0127-16-V. 
This permitting action was issued by the Louisville Metro Air Pollution 
Control District (LMAPCD). The Order constitutes a final action on the 
petition addressed therein.

ADDRESSES: Copies of the Order, the petition, and all pertinent 
information relating thereto are on file at the following location: EPA 
Region 4; Air and Radiation Division; 61 Forsyth Street SW; Atlanta, 
Georgia 30303-8960. The Order is also available electronically at the 
following address: https://www.epa.gov/title-v-operating-permits/2019-order-denying-petition-object-title-v-operating-permit-mill-creek.

FOR FURTHER INFORMATION CONTACT: Art Hofmeister, Air Permits Section, 
EPA Region 4, at (404) 562-9115 or [email protected].

SUPPLEMENTARY INFORMATION: The CAA affords the 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 the EPA's 45-day review period if the 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. 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 is published in the Federal Register.
    Petitioner submitted a petition requesting that the EPA object to 
the proposed CAA title V operating permit no. O-0127-16-V issued by 
LMAPCD to Mill Creek. Petitioner claims that this permitting action: 
Includes an impermissible long-term emission limit that is inadequate 
to protect the 1-hour sulfur dioxide National Ambient Air Quality 
Standards (NAAQS) and, even if it were permissible, the long-term limit 
is too high to protect the NAAQS.
    On October 3, 2019, the Administrator issued an Order denying the 
petition. The Order explains the EPA's basis for denying the petition.

    Dated: October 10, 2019.
Mary S. Walker,
Acting Regional Administrator, Region 4.
[FR Doc. 2019-23223 Filed 10-23-19; 8:45 am]
 BILLING CODE 6560-50-P