[Federal Register Volume 70, Number 234 (Wednesday, December 7, 2005)]
[Notices]
[Pages 72826-72827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23720]
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ENVIRONMENTAL PROTECTION AGENCY
[Petition IV-2002-1; FRL-8005-7]
Clean Air Act Operating Permit Program; Petition for Objection to
State Operating Permit for Oglethorpe Power Company--Wansley Combined
Cycle Energy Facility; Roopville (Heard County), GA
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of amended final order denying petition to object to a
state operating permit in response to remand.
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SUMMARY: This Amended Order Responding to Remand corrects certain
errors that were found in the Order Responding to Remand that was
issued on September 15, 2005. The September 15th Order, which is
superseded by this Order, is being amended to correct certain clerical
errors and to address a factual error in note 13 of that order
regarding whether Oglethorpe Power Company (Oglethorpe) had any
[[Page 72827]]
ownership interest in units at Plant Wansley operated by Georgia Power
Company. The Administrator issued the preceding Order Responding to
Remand denying a petition to object to a state operating permit issued
to Oglethorpe--Wansley Combined Cycle Energy Facility (Block 8) located
in Roopville, Heard County, Georgia, pursuant to title V of the Clean
Air Act (the Act), 42 U.S.C. 7661-7661f. On February 4, 2002, Sierra
Club had filed a petition seeking EPA's objection to the title V
operating permit for Block 8 issued by the Georgia Environmental
Protection Division (EPD). The Administrator denied the petition in an
Order dated November 15, 2002. Pursuant to Section 502(b) of the Act,
Sierra Club appealed to the U.S. Court of Appeals for the Eleventh
Circuit (the Court), arguing that Oglethorpe was not entitled to a
permit for Block 8 (in accordance with Georgia's Statewide Compliance
Rule) because it owns part of another major stationary source that has
been cited for non-compliance with the Act. On May 5, 2004, the Court
granted Sierra Club's petition for review, vacated the November 12,
2002, Order, and remanded to EPA for further explanation of the manner
in which the Georgia rule should be applied in cases of partial
ownership. After considering the issues raised by the Court, the
Amended Order Responding to Remand (like the Order Responding to
Remand) reached the same conclusion as EPA's original Order, but
provided a more detailed explanation.
ADDRESSES: Copies of the Amended Order Responding to Remand, 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 amended final order is also available electronically at the
following address: http://www.epa.gov/region7/programs/artd/air/title5/petitiondb/petitions/opcwansley_decision2002_amendedremand.pdf.
FOR FURTHER INFORMATION CONTACT: Art Hofmeister, Air Permits Section,
EPA Region 4, at (404) 562-9115 or [email protected].
SUPPLEMENTARY INFORMATION: The Georgia Center for Law in the Public
Interest originally submitted a petition on behalf of the Sierra Club
(Petitioner) to the Administrator on February 4, 2002, requesting that
EPA object to a state title V operating permit issued by the EPD to
Oglethorpe. Other inconsistencies (with the Act) alleged by the
Petitioner were: (1) That the permit failed to require a case-by-case
maximum achievable control technology determination for the emissions
of hazardous air pollutants; (2) that the permit failed to include
adequate monitoring of carbon monoxide; (3) that the permit
impermissibly limited the enforceability of a federal stack height
provision; and (4) that the permit failed to include short-term best
available control technology limits. EPA's responses to the above
issues in the November 12, 2002, Order were upheld by the Court;
therefore, sections IV.B. through IV.E. of the November 12, 2002, Order
are incorporated by reference into the Amended Order Responding to
Remand.
Dated: November 27, 2005.
A. Stanley Meiburg,
Deputy Regional Administrator, Region 4.
[FR Doc. 05-23720 Filed 12-6-05; 8:45 am]
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