05-23720. 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.

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 The September 15th Order, which is superseded by this Order, is being amended to correct certain clerical errors and to address a factual error in note 13 of that order regarding whether Oglethorpe Power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 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 [phone] or [e-mail].

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.