81_FR_86179 81 FR 85950 - Clean Air Act Operating Permit Program; Petition for Objection to State Operating Permit for Tennessee Valley Authority-Bull Run (Anderson County, Tennessee)

81 FR 85950 - Clean Air Act Operating Permit Program; Petition for Objection to State Operating Permit for Tennessee Valley Authority-Bull Run (Anderson County, Tennessee)

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 229 (November 29, 2016)

Page Range85950-85950
FR Document2016-28742

The EPA Administrator signed an Order, dated November 10, 2016, granting petition to object to Clean Air Act (CAA) title V operating permit issued by the Tennessee Department of Environment and Conservation (TDEC) to the Tennessee Valley Authority (TVA) Bull Run facility located in Clinton, Anderson County, Tennessee. This Order constitutes a final action on the petition submitted by Sierra Club and Environmental Integrity Project (Petitioners) and received by EPA on September 29, 2015.

Federal Register, Volume 81 Issue 229 (Tuesday, November 29, 2016)
[Federal Register Volume 81, Number 229 (Tuesday, November 29, 2016)]
[Notices]
[Page 85950]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-28742]


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ENVIRONMENTAL PROTECTION AGENCY

[Petition IV-2015-3; FRL-9955-79-Region 4]


Clean Air Act Operating Permit Program; Petition for Objection to 
State Operating Permit for Tennessee Valley Authority--Bull Run 
(Anderson County, Tennessee)

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 November 10, 
2016, granting petition to object to Clean Air Act (CAA) title V 
operating permit issued by the Tennessee Department of Environment and 
Conservation (TDEC) to the Tennessee Valley Authority (TVA) Bull Run 
facility located in Clinton, Anderson County, Tennessee. This Order 
constitutes a final action on the petition submitted by Sierra Club and 
Environmental Integrity Project (Petitioners) and received by EPA on 
September 29, 2015.

ADDRESSES: Copies of the 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 Order is also available 
electronically at the following address: https://www.epa.gov/sites/production/files/2016-11/documents/tva_bull_run_order_granting_petition_to_object_to_permit_.pdf.

FOR FURTHER INFORMATION CONTACT: Art Hofmeister, Air Permits Section, 
EPA Region 4, at (404) 562-9115 or [email protected].

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 impracticable to raise these issues during the 
comment period or the grounds for the issues arose after this period.
    Petitioners submitted a petition regarding the aforementioned TVA 
Bull Run facility, requesting that EPA object to the CAA title V 
operating permit (#01-0009/567519). Petitioners alleged that the permit 
was not consistent with the CAA because it lacks sufficient monitoring 
to assure compliance with the opacity limit established pursuant to 
Tennessee Comprehensive Rules & Regulations 1200-03-05-.01.
    On November 10, 2016, the Administrator issued an Order granting 
the petition. The Order explains EPA's rationale for granting the 
petition.

    Dated: November 18, 2016.
Heather McTeer Toney,
Regional Administrator, Region 4.
[FR Doc. 2016-28742 Filed 11-28-16; 8:45 am]
 BILLING CODE 6560-50-P



                                                    85950                      Federal Register / Vol. 81, No. 229 / Tuesday, November 29, 2016 / Notices

                                                    Procedural Requirements                                 SUMMARY:   The EPA Administrator                        Dated: November 18, 2016.
                                                    Environmental Compliance                                signed an Order, dated November 10,                   Heather McTeer Toney,
                                                                                                            2016, granting petition to object to Clean            Regional Administrator, Region 4.
                                                      In compliance with the National                       Air Act (CAA) title V operating permit                [FR Doc. 2016–28742 Filed 11–28–16; 8:45 am]
                                                    Environmental Policy Act (NEPA) of                      issued by the Tennessee Department of                 BILLING CODE 6560–50–P
                                                    1969, 42 U.S.C. 4321, et seq., the                      Environment and Conservation (TDEC)
                                                    Council on Environmental Quality                        to the Tennessee Valley Authority
                                                    Regulations for implementing NEPA, 40                   (TVA) Bull Run facility located in                    ENVIRONMENTAL PROTECTION
                                                    CFR parts 1500 through 1508, and the                    Clinton, Anderson County, Tennessee.                  AGENCY
                                                    Integrated DOE NEPA Implementing                        This Order constitutes a final action on
                                                    Procedures, 10 CFR part 1021, WAPA                      the petition submitted by Sierra Club                 [EPA–HQ–OAR–2013–0246; FRL—9955–81–
                                                    has determined this action is                                                                                 OEI]
                                                                                                            and Environmental Integrity Project
                                                    categorically excluded from the                         (Petitioners) and received by EPA on
                                                    preparation of an environmental                                                                               Information Collection Request
                                                                                                            September 29, 2015.                                   Submitted to OMB for Review and
                                                    assessment or an EIS.
                                                                                                            ADDRESSES: Copies of the Order, the                   Approval; Comment Request;
                                                    Determination Under Executive Order                     petition, and all pertinent information               Information Requirements for New
                                                    12866                                                   relating thereto are on file at the                   Marine Compression Ignition Engines
                                                      WAPA has an exemption from                            following location: EPA Region 4; Air,                at or Above 30 Liters per Cylinder
                                                    centralized regulatory review under                     Pesticides and Toxics Management                      (Renewal)
                                                    Executive Order 12866; accordingly, no                  Division; 61 Forsyth Street SW.; Atlanta,
                                                                                                            Georgia 30303–8960. The Order is also                 AGENCY: Environmental Protection
                                                    clearance of this notice by the Office of                                                                     Agency (EPA).
                                                    Management and Budget is required.                      available electronically at the following
                                                                                                            address: https://www.epa.gov/sites/                   ACTION: Notice.
                                                    Regulatory Flexibility Analysis                         production/files/2016-11/documents/                   SUMMARY:   The Environmental Protection
                                                       The Regulatory Flexibility Act of 1980               tva_bull_run_order_granting_petition_                 Agency has submitted an information
                                                    (RFA), 5 U.S.C. 601, et seq., requires a                to_object_to_permit_.pdf.                             collection request (ICR), ‘‘Information
                                                    Federal agency to perform a regulatory                  FOR FURTHER INFORMATION CONTACT: Art                  Requirements for New Marine
                                                    flexibility analysis whenever the agency                Hofmeister, Air Permits Section, EPA                  Compression Ignition Engines at or
                                                    is required by law to publish a general                 Region 4, at (404) 562–9115 or                        Above 30 Liters per Cylinder
                                                    notice of proposed rulemaking for any                   hofmeister.art@epa.gov.                               (Revision),’’ EPA ICR Number 2345.04,
                                                    proposed rule, unless the agency can                                                                          OMB Number 2060–00641, to the Office
                                                    certify that the rule will not have a                   SUPPLEMENTARY INFORMATION:      The CAA
                                                                                                            affords EPA a 45-day period to review                 of Management and Budget (OMB) for
                                                    significant economic impact on a                                                                              review and approval in accordance with
                                                    substantial number of small entities. In                and, as appropriate, the authority to
                                                                                                            object to operating permits proposed by               the Paperwork Reduction Act. This is a
                                                    defining the term ‘‘rule,’’ the RFA                                                                           proposed extension of the ICR, which is
                                                    specifies that a ‘‘rule’’ does not include              state permitting authorities under title V
                                                                                                            of the CAA, 42 U.S.C. 7661–7661f.                     currently approved through November
                                                    ‘‘a rule of particular applicability                                                                          30, 2016. Public comments were
                                                    relating to rates [and] services . . . or to            Section 505(b)(2) of the CAA and 40
                                                                                                            CFR 70.8(d) authorize any person to                   previously requested via the Federal
                                                    valuations, costs or accounting, or                                                                           Register (81 FR 65634) on September
                                                    practices relating to such rates [and]                  petition the EPA Administrator to object
                                                                                                            to a title V operating permit within 60               23, 2016 during a 60-day comment
                                                    services . . . .’’ 5 U.S.C. 601. WAPA                                                                         period. This notice allows for an
                                                    has determined that this action relates                 days after the expiration of EPA’s 45-
                                                                                                            day review period if EPA has not                      additional 30 days for public comments.
                                                    to rates or services offered by WAPA                                                                          A fuller description of the ICR is given
                                                    and, therefore, is not a rule within the                objected on its own initiative. Petitions
                                                                                                            must be based only on objections to the               below, including its estimated burden
                                                    purview of the RFA.                                                                                           and cost to the public. An Agency may
                                                                                                            permit that were raised with reasonable
                                                     Dated: November 18, 2016.                                                                                    not conduct or sponsor and a person is
                                                                                                            specificity during the public comment
                                                    Mark A. Gabriel,
                                                                                                            period provided by the state, unless the              not required to respond to a collection
                                                    Administrator.                                          petitioner demonstrates that it was                   of information unless it displays a
                                                    [FR Doc. 2016–28690 Filed 11–28–16; 8:45 am]            impracticable to raise these issues                   currently valid OMB control number.
                                                    BILLING CODE 6450–01–P                                  during the comment period or the                      DATES: Additional comments may be
                                                                                                            grounds for the issues arose after this               submitted on or before December 29,
                                                                                                            period.                                               2016.
                                                    ENVIRONMENTAL PROTECTION                                   Petitioners submitted a petition                   ADDRESSES:   Submit your comments,
                                                    AGENCY                                                  regarding the aforementioned TVA Bull                 referencing Docket ID Number Docket
                                                    [Petition IV–2015–3; FRL–9955–79–Region                 Run facility, requesting that EPA object              ID No. EPA–HQ–OAR–2013–0246, to (1)
                                                    4]                                                      to the CAA title V operating permit                   EPA online using www.regulations.gov
                                                                                                            (#01–0009/567519). Petitioners alleged                (our preferred method), by email to a-
                                                    Clean Air Act Operating Permit                          that the permit was not consistent with               and-r-Docket@epa.gov, or by mail to:
                                                    Program; Petition for Objection to                      the CAA because it lacks sufficient                   EPA Docket Center, Environmental
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    State Operating Permit for Tennessee                    monitoring to assure compliance with                  Protection Agency, Mail Code 28221T,
                                                    Valley Authority—Bull Run (Anderson                     the opacity limit established pursuant to             1200 Pennsylvania Ave. NW.,
                                                    County, Tennessee)                                      Tennessee Comprehensive Rules &                       Washington, DC 20460, and (2) OMB via
                                                                                                            Regulations 1200–03–05–.01.                           email to oira_submission@omb.eop.gov.
                                                    AGENCY:   Environmental Protection
                                                    Agency (EPA).                                              On November 10, 2016, the                          Address comments to OMB Desk Officer
                                                                                                            Administrator issued an Order granting                for EPA.
                                                    ACTION: Notice of final order on petition
                                                                                                            the petition. The Order explains EPA’s                  EPA’s policy is that all comments
                                                    to object to state operating permit.
                                                                                                            rationale for granting the petition.                  received will be included in the public


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Document Created: 2016-11-29 00:33:29
Document Modified: 2016-11-29 00:33:29
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of final order on petition to object to state operating permit.
ContactArt Hofmeister, Air Permits Section, EPA Region 4, at (404) 562-9115 or [email protected]
FR Citation81 FR 85950 

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