[Federal Register Volume 81, Number 42 (Thursday, March 3, 2016)]
[Notices]
[Page 11209]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04752]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-9943-28-Region 6]
Clean Air Act Operating Permit Program; Petition for Objection to
State Operating Permit for Southwestern Electric Power Company H.W.
Pirkey Power Plant in Texas
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of final action.
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SUMMARY: Pursuant to Clean Air Act (CAA) Section 505(b)(2) and 40 CFR
70.8(d), the Environmental Protection Agency (EPA) Administrator signed
an Order, dated February 3, 2016, granting in part and denying in part
the petition asking EPA to object to an operating permit issued by the
Texas Commission on Environmental Quality for the Southwestern Electric
Power Company (SWEPCO) H.W. Pirkey Power Plant (Title V operating
permit number O31). The EPA's February 3, 2016 Order responds to the
petition, dated October 30, 2014, submitted by the Environmental
Integrity Project (EIP) and Sierra Club. Sections 307(b) and 505(b)(2)
of the CAA provide that a petitioner may ask for judicial review by the
United States Court of Appeals for the appropriate circuit of those
portions of the Order that deny issues raised in the petition. Any
petition for review shall be filed within 60 days from the date this
notice appears in the Federal Register, pursuant to section 307(b) of
the CAA.
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. Contact the individual listed below to view
documents. 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 February 3, 2016
Order is available electronically at: http://www.epa.gov/title-v-operating-permits/order-responding-2014-petition-requesting-administrator-object-title-v.
FOR FURTHER INFORMATION CONTACT: Aimee Wilson at (214) 665-7596, 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, as appropriate, to a title V operating permit
proposed by a state permitting authority. 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
such objections during the comment period or unless the grounds for the
objection arose after this period.
The Petitioners maintain that the SWEPCO title V operating permit
is inconsistent with the Act based on the following contentions: (1)
The proposed permit for the Pirkey Power Plant impermissibly provides
for exemptions from title V applicable requirements during planned
maintenance, startup, and shutdown (MSS) activities; and (2) the
proposed permit must clarify that credible evidence may be used by
citizens to enforce the terms and conditions of the permit. The claims
are described in detail in Section IV of the Order.
Pursuant to sections 505(b) and 505(e) of the Clean Air Act (42
U.S.C. 7661d(b) and (e)) and 40 CFR 70.7(g) and 70.8(d), the Texas
Commission on Environmental Quality (TCEQ) has 90 days from the receipt
of the Administrator's order to resolve the objections identified in
Claim 1 of the Order and submit a proposed determination or
termination, modification, or revocation and reissuance of the SWEPCO
title V permit in accordance with EPA's objection. The Order issued on
February 3, 2016 responds to the Petition and explains the basis for
EPA's decision.
Dated: February 24, 2016.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2016-04752 Filed 3-2-16; 8:45 am]
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