Notice2022-14900
Clean Air Act Operating Permit Program; Petition for Objection to State Operating Permit for Alabama Power Company-Barry Generating Plant (Mobile County, Alabama)
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 13, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The EPA Administrator signed an Order, dated June 14, 2022, granting in part and denying in part the petition submitted by Sierra Club and Greater-Birmingham Alliance to Stop Pollution (Petitioners) objecting to a proposed Clean Air Act (CAA) title V operating permit issued to Alabama Power Company for its Barry Generating Plant located in Mobile County, Alabama. The Order responds to a March 30, 2021, petition requesting that EPA object to the final operating permit number 503-1001. The title V operating permit was issued by the Alabama Department of Environmental Management (ADEM). The Order constitutes a final action on the petition addressed therein.
Full Text
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<title>Federal Register, Volume 87 Issue 133 (Wednesday, July 13, 2022)</title>
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[Federal Register Volume 87, Number 133 (Wednesday, July 13, 2022)]
[Notices]
[Pages 41715-41716]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-14900]
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ENVIRONMENTAL PROTECTION AGENCY
[Petition IV-2021-5; FRL-9978-01-R4]
Clean Air Act Operating Permit Program; Petition for Objection to
State Operating Permit for Alabama Power Company--Barry Generating
Plant (Mobile County, Alabama)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of final Order on petition to object to state operating
permit.
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SUMMARY: The EPA Administrator signed an Order, dated June 14, 2022,
granting in part and denying in part the petition submitted by Sierra
Club and Greater-Birmingham Alliance to Stop Pollution (Petitioners)
objecting to a proposed Clean Air Act (CAA) title V operating permit
issued to Alabama Power Company for its Barry Generating Plant located
in Mobile County, Alabama. The Order responds to a March 30, 2021,
petition requesting that EPA object to the final operating permit
number 503-1001. The title V operating permit was issued by the Alabama
Department of Environmental Management (ADEM). The Order constitutes a
final action on the petition addressed therein.
ADDRESSES: Copies of the Order, the petition, and all pertinent
information relating thereto are on file at the following location: EPA
Region 4; Air and Radiation Division; 61 Forsyth Street SW; Atlanta,
Georgia 30303-8960. The Order and petition are also available
electronically at the following addresses: <a href="https://www.epa.gov/system/files/documents/2022-06/APC%20Barry%20Order_6-14-22.pdf">https://www.epa.gov/system/files/documents/2022-06/APC%20Barry%20Order_6-14-22.pdf</a>; <a href="https://www.epa.gov/title-v-operating-permits/title-v-petition-database">https://www.epa.gov/title-v-operating-permits/title-v-petition-database</a>.
FOR FURTHER INFORMATION CONTACT: Art Hofmeister, Air Permits Section,
EPA Region 4, at (404) 562-9115 or <a href="/cdn-cgi/l/email-protection#335b5c555e565a404756411d524147735643521d545c45"><span class="__cf_email__" data-cfemail="1d75727b7078746e69786f337c6f695d786d7c337a726b">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The CAA affords EPA a 45-day period to
review and, as appropriate, the authority to object to operating
permits proposed by state permitting authorities under title V of the
CAA, 42 U.S.C. 7661-7661f. Section 505(b)(2) of the CAA 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
[[Page 41716]]
impracticable to raise these issues during the comment period or the
grounds for the issues arose after this period. Pursuant to sections
307(b) and 505(b)(2) of the CAA, a petition for judicial review of
those parts of the Order that deny issues in the petition may be filed
in the United States Court of Appeals for the appropriate circuit
within 60 days from the date this notice is published in the Federal
Register.
Petitioners submitted a petition requesting that EPA object to
proposed CAA title V operating permit number 503-1001 issued by ADEM to
the Barry Generating Plant for the following reasons: the permit
contained limits with the potential to exceed the National Ambient Air
Quality Standard for sulfur dioxide, including inappropriate averaging
limits for SO<INF>2</INF>, in contravention of applicable state
implementation plan (SIP) provisions; the permit failed to include
applicable SIP requirements to control fugitive emissions from the coal
handling system and to ensure compliance with SIP opacity limit,
including associated monitoring, recordkeeping, and reporting; the
permit failed to include emission controls and work practice standards
for the coal handling operations and ADEM failed to require that
Alabama Power Company disclose all fugitive emissions from the coal
handling system; ADEM failed to determine compliance of the facility;
ADEM failed to require complete and accurate compliance certifications
from Alabama Power Company in accordance with part 70; Alabama Power
Company failed to include all applicable requirements in the
application for a title V permit; and ADEM failed to provide a basis
for granting a permit shield to the entire facility.
On June 14, 2022, the Administrator issued an Order granting in
part and denying in part the petition. The Order explains EPA's bases
for granting in part and denying in part the petition.
Dated: July 5, 2022.
Daniel Blackman,
Regional Administrator, Region 4.
[FR Doc. 2022-14900 Filed 7-12-22; 8:45 am]
BILLING CODE P
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