[Federal Register Volume 78, Number 38 (Tuesday, February 26, 2013)]
[Notices]
[Pages 13055-13056]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-04296]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-9784-7]
Clean Air Act Operating Permit Program; Petition for Objection to
State Operating Permit for Luminant Generation Company--Sandow 5
Generating Plant
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of final order on petition to object to Clean Air Act
(CAA or Act) operating permit.
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SUMMARY: This document announces that the EPA Administrator has
responded to a citizen petition asking EPA to object to an operating
permit (Permit Number O3025) issued by the Texas Commission on
Environmental Quality (TCEQ). Specifically, the Administrator has
denied the October 5, 2011 petition, submitted by the Environmental
Integrity Project (EIP), Sierra Club, Public Citizen, Texas Campaign
for the Environment, Environment Texas, and the SEED Coalition
(Petitioners), to object to the operating permit issued on August 18,
2011, to Luminant Generation Company, for the operation of the Sandow 5
Generating Plant located near Rockdale, Milam County, Texas. Sections
307(b) and 505(b)(2) of the Act provide that a petitioner may ask for
judicial review of those portions of the petition which EPA denies in
the United States Court of Appeals for the appropriate circuit. Any
petition for review shall be filed within 60 days from the date this
notice appears in the Federal Register, pursuant to section 307 of the
Act.
ADDRESSES: You may review copies of the final Order, the petition, and
other supporting information at EPA Region 6, 1445 Ross Avenue, Dallas,
Texas 75202-2733.
EPA requests that if at all possible, you contact the individual
listed in the FOR FURTHER INFORMATION CONTACT section to view copies of
the final Order, petition, and other supporting information. You may
view the hard copies Monday through Friday, from 9:00 a.m. to 3:00
p.m., excluding Federal holidays. If you wish to examine these
documents, you should make an appointment at least 24 hours before the
visiting day. Additionally, the final Order for Luminant Generation
Company, for the operation of the Sandow 5 Generating Plant is
available electronically at: http://www.epa.gov/region07/air/title5/petitiondb/petitions/sandow_response2011.pdf.
FOR FURTHER INFORMATION CONTACT: Dinesh Senghani at (214) 665-7221,
email address: [email protected] or the above EPA, Region 6
address.
SUPPLEMENTARY INFORMATION: The CAA affords EPA a 45-day period to
review, and object to as appropriate, a title V operating permit
proposed by State permitting authorities. Section 505(b)(2) of the CAA
authorizes any person to petition the EPA Administrator, within 60 days
after the expiration of this review period, to object to a title V
operating permit if EPA has not done so. 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 issue
arose after this period.
EPA received a petition from the Petitioners dated October 4, 2011,
requesting that EPA object to the issuance of the title V operating
permit to Luminant Generation Company--Sandow 5 Generating Plant
located near Rockdale, Milam County, Texas based on the following
contentions: (1) The Sandow 5 title V permit impermissibly incorporates
by reference emission limitations established in a major New Source
Review permit, (2) the Sandow 5 title V permit impermissibly
incorporates by reference the EPA-disapproved Pollution Control Project
Standard Permit, (3) the permit impermissibly incorporates permit by
rules (this claim is divided into 7 sub-claims), and (4) the permit
lacks a Maximum Achievable Control Technology determination as required
by CAA section 112(g).
On January 15, 2013, the Administrator issued an Order denying the
petition. The Order explains the reasons behind EPA's conclusion to
deny the petition.
[[Page 13056]]
Dated: February 12, 2013.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2013-04296 Filed 2-25-13; 8:45 am]
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