[Federal Register Volume 87, Number 133 (Wednesday, July 13, 2022)]
[Notices]
[Pages 41715-41716]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14900]


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ENVIRONMENTAL PROTECTION AGENCY

[Petition IV-2021-5; FRL-9978-01-R4]


Clean Air Act Operating Permit Program; Petition for Objection to 
State Operating Permit for Alabama Power Company--Barry Generating 
Plant (Mobile County, Alabama)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final Order on petition to object to state operating 
permit.

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SUMMARY: The EPA Administrator signed an Order, dated June 14, 2022, 
granting in part and denying in part the petition submitted by Sierra 
Club and Greater-Birmingham Alliance to Stop Pollution (Petitioners) 
objecting to a proposed Clean Air Act (CAA) title V operating permit 
issued to Alabama Power Company for its Barry Generating Plant located 
in Mobile County, Alabama. The Order responds to a March 30, 2021, 
petition requesting that EPA object to the final operating permit 
number 503-1001. The title V operating permit was issued by the Alabama 
Department of Environmental Management (ADEM). 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 and petition are also available 
electronically at the following addresses: https://www.epa.gov/system/files/documents/2022-06/APC%20Barry%20Order_6-14-22.pdf; https://www.epa.gov/title-v-operating-permits/title-v-petition-database.

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

[[Page 41716]]

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.
    Petitioners submitted a petition requesting that EPA object to 
proposed CAA title V operating permit number 503-1001 issued by ADEM to 
the Barry Generating Plant for the following reasons: the permit 
contained limits with the potential to exceed the National Ambient Air 
Quality Standard for sulfur dioxide, including inappropriate averaging 
limits for SO2, in contravention of applicable state 
implementation plan (SIP) provisions; the permit failed to include 
applicable SIP requirements to control fugitive emissions from the coal 
handling system and to ensure compliance with SIP opacity limit, 
including associated monitoring, recordkeeping, and reporting; the 
permit failed to include emission controls and work practice standards 
for the coal handling operations and ADEM failed to require that 
Alabama Power Company disclose all fugitive emissions from the coal 
handling system; ADEM failed to determine compliance of the facility; 
ADEM failed to require complete and accurate compliance certifications 
from Alabama Power Company in accordance with part 70; Alabama Power 
Company failed to include all applicable requirements in the 
application for a title V permit; and ADEM failed to provide a basis 
for granting a permit shield to the entire facility.
    On June 14, 2022, the Administrator issued an Order granting in 
part and denying in part the petition. The Order explains EPA's bases 
for granting in part and denying in part the petition.

    Dated: July 5, 2022.
Daniel Blackman,
Regional Administrator, Region 4.
[FR Doc. 2022-14900 Filed 7-12-22; 8:45 am]
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