[Federal Register Volume 78, Number 38 (Tuesday, February 26, 2013)]
[Pages 13055-13056]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-04296]




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.


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 

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 

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]