
[Federal Register Volume 77, Number 187 (Wednesday, September 26, 2012)]
[Notices]
[Page 59186]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-23690]


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ENVIRONMENTAL PROTECTION AGENCY

[Petition IV-2011-1; FRL-9734-2]


Clean Air Act Operating Permit Program; Petition for Objection to 
State Operating Permit for Tennessee Valley Authority's Shawnee Fossil 
Plant; McCracken 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), the EPA 
Administrator signed an Order, dated August 31, 2012, denying a 
petition to object to a CAA title V operating permit issued by the 
Kentucky Division for Air Quality (KDAQ) to Tennessee Valley Authority 
for its Shawnee Fossil Plant (SFP) facility located in West Paducah, 
Kentucky. This Order constitutes a final action on the petition dated 
February 28, 2011, and submitted by the Environmental Integrity Project 
and the Southern Alliance for Clean Energy (Petitioners). 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 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.

ADDRESSES: Copies of the Order, the petition, and 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/shawnee_response2011.pdf.

FOR FURTHER INFORMATION CONTACT: James Purvis, Air Permits Section, EPA 
Region 4, at (404) 562-9139 or purvis.james@epa.gov.

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.
    Petitioners submitted a petition regarding SFP (received by the EPA 
on March 1, 2011), requesting that the EPA object to the CAA title V 
operating permit (V-09-002 R1). Petitioners alleged that the 
permit was not consistent with the CAA for four primary reasons 
described in the petition. On August 31, 2012, the Administrator issued 
an Order denying the petition. In summary, the Petition was denied 
because the EPA interprets its regulations to limit the scope of 
petitions to object on permit revisions resulting from reopening for 
cause. The scope of petitions to object is limited to issues related to 
the parts of the permit for which the permitting authority has 
determined that cause to reopen exists. Because the Petitioners' 
objections apply to parts of the Shawnee Permit that are beyond the 
scope of the reopening for cause resulting in Permit Revision 1, the 
EPA is denying the Petition. The Order further explains the EPA's 
rationale for denying the petition.

    Dated: September 17, 2012.
A. Stanley Meiburg,
Deputy Regional Administrator, Region 4.
[FR Doc. 2012-23690 Filed 9-25-12; 8:45 am]
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