[Federal Register: December 14, 2006 (Volume 71, Number 240)]
[Notices]               
[Page 75244]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14de06-49]                         

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ENVIRONMENTAL PROTECTION AGENCY

[Petition IV-2005-1; FRL-8255-8]

 
Clean Air Act Operating Permit Program; Petition for Objection to 
State Operating Permit for Tennessee Valley Authority--Paradise Fossil 
Plant; Drakesboro (Muhlenberg 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 Section 505(b)(2) and 40 CFR 
70.8(d), the EPA Administrator signed an Order, dated October 20, 2006, 
denying a petition to object to a state operating permit proposed by 
the Kentucky Division for Air Quality (KDAQ) for Tennessee Valley 
Authority (TVA) Paradise Fossil Plant (TVA Paradise) located in 
Drakesboro, Muhlenberg County, Kentucky. This Order constitutes final 
action on the petition submitted by Preston Forsyth, the Center for 
Biological Diversity, Kentucky Heartwood, and Hillary Lambert 
(Petitioners). Pursuant to section 505(b)(2) of the Clean Air Act (the 
Act) any person may seek judicial review of the Order 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/
 tvaparadise--

decision2005.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.
    Petitioners submitted a petition on April 21, 2005, requesting that 
EPA object to a state title V operating permit proposed by KDAQ for TVA 
Paradise. This action followed an objection (to the proposed permit) 
issued by EPA on February 18, 2005. On August 18, 2006, at the source's 
request, KDAQ subsequently withdrew the proposed permit. On October 20, 
2006, the Administrator issued an Order denying the petition on the 
basis of it being moot since a permit (about which EPA could further 
object) no longer existed. The Order further explains EPA's rationale 
for denying the petition.

    Dated: December 5, 2006.
A. Stanley Meiburg,
Deputy Regional Administrator, Region 4.
[FR Doc. E6-21289 Filed 12-13-06; 8:45 am]

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