[Federal Register: December 30, 2002 (Volume 67, Number 250)]
[Notices]
[Page 79610]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30de02-82]
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ENVIRONMENTAL PROTECTION AGENCY
[Petition IV-2002-1; FRL-7432-5]
Clean Air Act Operating Permit Program; Petition for Objection to
State Operating Permit for Oglethorpe Power Company--Wansley Combined
Cycle Energy Facility; Roopville (Heard County), GA
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 section 505(b)(2) and 40 CFR
70.8(d), the EPA Administrator signed an order, dated November 15,
2002, denying a petition to object to a state operating permit issued
by the Georgia Environmental Protection Division (EPD) to Oglethorpe
Power Company--Wansley Combined Cycle Energy Facility (WCCEF) located
in Roopville, Heard County, Georgia. This order constitutes final
action on the petition submitted by the Georgia Center for Law in the
Public Interest (GCLPI) on behalf of the Sierra Club (Petitioner).
Pursuant to section 505(b)(2) of the Clean Air Act (the Act) any person
may seek judicial review in the United States Court of Appeals for the
appropriate circuit within 60 days of this notice under section 307 of
the Act.
ADDRESSES: Copies of the final 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 final order is also
available electronically at the following address: http://www.epa.gov/region07/programs/artd/air/title5/petitiondb/petitions/
oglethorpewansley--decision2002.pdf.
FOR FURTHER INFORMATION CONTACT: Art Hofmeister, Air Permits Section,
EPA Region 4, at (404) 562-9115 or hofmeister.art@epa.gov.
SUPPLEMENTARY INFORMATION: The Act affords EPA a 45-day period to
review and, as appropriate, to object to operating permits proposed by
state permitting authorities under title V of the Act, 42 U.S.C. 7661-
7661f. Section 505(b)(2) of the Act 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.
GCLPI submitted a petition on behalf of the Sierra Club to the
Administrator on February 4, 2002, requesting that EPA object to a
state title V operating permit issued by EPD to WCCEF. The Petitioner
maintains that the WCCEF permit is inconsistent with the Act because
of: (1) The permit's lack of a requirement for a case-by-case maximum
achievable control technology determination; (2) the inadequacy of the
test method used to determine compliance with a carbon monoxide
emission limit; (3) the identification of Georgia Rule 391-3-
1-.03(2)(c) as ``State Only Enforceable''; (4) the omission of a short-
term best available control technology limit covering startup and
shutdown periods; and (5) EPD's improper issuance of the permit to a
company with other facilities that are operating out of compliance with
their respective permits.
On November 15, 2002, the Administrator issued an order denying
this petition. The order explains the reasons behind EPA's conclusion
that the Petitioner has failed to demonstrate that the WCCEF permit is
not in compliance with the requirements of the Act on the grounds
raised.
Dated: December 6, 2002.
A. Stanley Meiburg,
Deputy Regional Administrator, Region 4.
[FR Doc. 02-32904 Filed 12-27-02; 8:45 am]
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