Clean Air Act Operating Permit Program: Petition for Objection to State Operating Permit for Thoroughbred Generating Co., LLC; Central City (Muhlenberg County), KY


Federal Register: January 29, 2009 (Volume 74, Number 18)


Page 5157

From the Federal Register Online via GPO Access []



Petition IV-2003-2; FRL-8769-3

Clean Air Act Operating Permit Program; Petition for Objection to

State Operating Permit for Thoroughbred Generating Company, LLC--

Thoroughbred Generating Station; Central City (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 section 505(b)(2) and 40 CFR 70.8(d), the EPA Administrator signed an Order, dated January 8, 2009, denying a petition to object to a state operating permit issued by the

Kentucky Division for Air Quality (KDAQ) to Thoroughbred Generating

Company, LLC--Thoroughbred Generating Station (TGS) located near

Central City, Muhlenberg County, Kentucky. This Order constitutes final action on the petition submitted by the Natural Resources Defense

Council, Sierra Club, Valley Watch, the National Parks Conservation

Association, the Ohio Valley Environmental Coalition, and Elizabeth and

Hannah Crowe (Petitioners) on January 24, 2003. Pursuant to section 505(b)(2) of the Clean Air Act (the Act), any person may seek judicial review of the Order in the United States Court of Appeals for the appropriate circuit within 60 days of this notice under section 307(b) of the Act.

ADDRESSES: Copies of the final 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 final Order is also available electronically at the following address: region7/programs/artd/air/title5/petitiondb/petitions/thoroughbred_ decision2003.pdf.

FOR FURTHER INFORMATION CONTACT: Art Hofmeister, Air Permits Section,

EPA Region 4, at (404) 562-9115 or

SUPPLEMENTARY INFORMATION: The Act affords EPA a 45-day period to review and, as appropriate, to object to operating permits proposed by state permitting authorities under title V of the Act, 42 U.S.C. 7661- 7661f. Section 505(b)(2) of the Act 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.

Petitioners submitted a petition on January 24, 2003, requesting that EPA object to a state title V operating permit issued by KDAQ to

TGS. However, on December 15, 2008, Thoroughbred Generating Company relinquished the permit at issue in the petition. Therefore, on January 8, 2009, the Administrator issued an Order denying the petition as moot since no permit about which EPA could object existed. The Order further explains EPA's rationale for denying the petition.

Dated: January 20, 2009.

J.I. Palmer, Jr.,

Regional Administrator, Region 4.

FR Doc. E9-1918 Filed 1-28-09; 8:45 am