[Federal Register Volume 76, Number 94 (Monday, May 16, 2011)]
[Notices]
[Pages 28223-28224]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-11948]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[Petition IV-2010-1; FRL-9306-2]


Clean Air Act Operating Permit Program; Petition for Objection to 
State Operating Permit for Tennessee Valley Authority--Paradise Fossil 
Fuel Plant; Muhlenberg County, KY

AGENCY: Environmental Protection Agency (EPA).

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

-----------------------------------------------------------------------

SUMMARY: Pursuant to Clean Air Act (CAA) Section 505(b)(2) and 40 CFR

[[Page 28224]]

70.8(d), the EPA Administrator signed an Order, dated May 2, 2011, 
denying a petition to object to a CAA title V operating permit issued 
by the Kentucky Division for Air Quality to Tennessee Valley Authority 
(TVA) for its Paradise Fossil Fuel Plant located near Drakesboro in 
Muhlenberg County, Kentucky. This Order constitutes a final action on 
the petition submitted by Sierra Club (Petitioner) on January 9, 2010. 
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 appears in 
the Federal Register.

ADDRESSES: Copies of the 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 Order is also available 
electronically at the following address: http://www.epa.gov/region07/air/title5/petitiondb/petitions/tva_paradise_response2010.pdf.

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 impracticable to raise these issues during the 
comment period or the grounds for the issues arose after this period.
    Petitioner submitted a petition regarding the Paradise Fossil Fuel 
Plant on January 9, 2010, requesting that EPA object to the CAA title V 
operating permit (V-07-018R1). Petitioner alleged that the 
permit was not consistent with the CAA because it failed to include a 
prevention of significant deterioration (PSD) analysis for the three 
main boilers (Units 1-3) due to alleged major modifications undertaken 
at Paradise Fossil Fuel Plant beginning in 1984 without TVA obtaining 
required PSD permits.
    On May 2, 2011, the Administrator issued an Order denying the 
petition. The Order explains EPA's rationale for denying the petition.

    Dated: May 9, 2011.
A. Stanley Meiburg,
Deputy Regional Administrator, Region 4.
[FR Doc. 2011-11948 Filed 5-13-11; 8:45 am]
BILLING CODE 6560-50-P