[Federal Register: September 4, 2003 (Volume 68, Number 171)]
[Rules and Regulations]
[Page 52517]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04se03-10]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 70
[Petition IV-2002-1; FRL-7552-6]
Clean Air Act Operating Permit Program; Petition for Partial
Objection and Partial Granting to State Operating Permits for TVA John
Sevier Fossil Plant, Rogersville, TN and TVA Kingston Fossil Plant,
Harriman, TN
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of final order on petition to partially object and
partially grant 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 July 2, 2003,
partially denying and partially granting a petition to object to a
state operating permit issued by the Tennessee Department of
Environment and Conservation (TDEC) to the TVA John Sevier Fossil Plant
located in Rogersville, Hawkins County, Tennessee and the TVA Kingston
Fossil Plant located in Harriman, Roane County, Tennessee. This order
constitutes final action on the petition submitted by attorney Reed
Zars on behalf of the National Parks Conservation Association
(Petitioner). Pursuant to section 505(b)(2) of the Clean Air Act (the
Act) judicial review of this action is available to the extent the
petition has been denied by the filing of a petition for 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:
FOR FURTHER INFORMATION CONTACT: Daphne Wilson, Air Permits Section,
EPA Region 4, at (404) 562-9098 or wilson.daphne@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.
Reed Zars submitted a petition on behalf of the National Parks
Conservation Association to the Administrator on November 18, 2002,
requesting that EPA object to a state Title V operating permit issued
by TDEC to TVA John Sevier Fossil Plant and Kingston Fossil Plant. The
Petitioner maintains that the TVA permit is inconsistent with the Act
because: (1) The permit condition fails to ensure compliance with the
applicable opacity limits; (2) TDEC improperly shields the source from
its requirement to independently certify compliance; (3) TDEC does not
have the ability to make changes to the SIP without EPA approval.
On July 2, 2003, the Administrator issued an order partially
denying and partially granting this petition. The order explains the
reasons behind EPA's conclusion that the petitioner has demonstrated
cause to reopen the permits based on the first and second issues. The
order also explains the reason for denying the remaining claim.
Dated: August 25, 2003.
J.I. Palmer, Jr.,
Regional Administrator, Region 4.
[FR Doc. 03-22545 Filed 9-3-03; 8:45 am]
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