60150 Federal Register / Vol. 69, No. 194 / Thursday, October 7, 2004 / Notices 

advise the Commissioners in the matters 

discussed will also be present.

Magalie R. Salas, 

Secretary.

[FR Doc. 04–22629 Filed 10–4–04; 4:23 pm] 

BILLING CODE 6717–01–P

ENVIRONMENTAL PROTECTION 

AGENCY 

[Petition IV–2003–4; FRL–7825–9] 

Clean Air Act Operating Permit 

Program; Petition for Objection To 

State Operating Permit for Tennessee 

Valley Authority—Gallatin Power Plant; 

Gallatin (Sumner County), Tennessee 

and Johnsonville Power Plant; New 

Johnsonville (Humphreys County), TN

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 July 29, 2004, partially granting 

and partially denying a petition to 

object to a state operating permit issued 

by the Tennessee Department of 

Environment and Conservation (TDEC) 

to the Tennessee Valley Authority 

(TVA), for its Gallatin Power Plant 

located in Gallatin, Sumner 

County,Tennessee and its Johnsonville 

Power Plant located in New 

Johnsonville, Humphreys County, 

Tennessee. Pursuant to section 505(b)(2) 

of the Clean Air Act (CAA or the Act), 

judicial review of any denial of the 

petition may be sought in the United 

States Court of Appeals for the 

appropriate circuit within 60 days of 

this notice under section 307 of the Act. 

No objection shall be subject to judicial 

review until final action is taken to 

issue or deny a permit under CAA 

section 505(c).

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: http://

www.epa.gov/region07/programs/artd/

air/title5/petitiondb/petitions/

tva_decision2003.pdf.

FOR FURTHER INFORMATION CONTACT:

Daphne Wilson, Air Permits Section, 

EPA Region 4, at (404) 562–9098 or 

wilson.daphne@epa.gov.

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. 

Mr. Reed Zars submitted a petition on 

behalf of the Sierra Club to the 

Administrator on April 9, 2003, 

requesting that EPA object to two state 

title V operating permits issued by 

TDEC to TVA. The Petitioner maintains 

that the TVA Gallatin and Johnsonville 

permits are inconsistent with the Act 

because: 

(1) Certain permit conditions fail to 

ensure compliance with applicable 

opacity limits; (2) the permit conditions 

improperly shield TVA from its 

requirement to independently certify 

compliance; (3) the permit conditions 

allow TDEC to make changes to the 

Tennessee State Implementation Plan 

(SIP) without EPA approval; and (4) the 

Johnsonville permit contains a less 

stringent opacity limit than is required 

by the SIP. 

On July 29, 2004, the Administrator 

issued an order partially granting and 

partially denying this petition. The 

order explains the detailed reasons 

behind EPA’s conclusion that the 

Petitioner adequately demonstrated that 

the TVA Gallatin and Johnsonville 

permits are not in compliance with the 

requirements of the Act. EPA agreed 

that certain permit conditions fail to 

ensure compliance with the applicable 

opacity limit and that these conditions 

improperly shield TVA from its 

requirement to independently certify 

compliance. The petitioner’s claim that 

the Johnsonville permit contains a less 

stringent opacity limit than is required 

in the SIP was denied because the limit 

established in the permit is not less 

stringent than required by the SIP. As a 

result of the EPA’s objections, TDEC is 

required to reopen the permit in 

accordance with 40 CFR 70.7(g)(4) or 

(g)(5)(i) and (ii).

Dated: September 30, 2004. 

Stanley Meiburg, 

Acting Regional Administrator, Region 4.

[FR Doc. 04–22589 Filed 10–6–04; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL 7825–4] 

Notice of Final NPDES General Permit 

for New and Existing Sources and New 

Dischargers in the Offshore 

Subcategory of the Oil and Gas 

Extraction Category for the Western 

Portion of the Outer Continental Shelf 

of the Gulf of Mexico (GMG290000)

SUMMARY: EPA Region 6 today issues a 

final National Pollutant Discharge 

Elimination System (NPDES) general 

permit for the Western Portion of the 

Outer Continental Shelf of the Gulf of 

Mexico (No. GMG290000). The general 

permit authorizes discharges from new 

sources, existing sources, and new 

dischargers in the Offshore Subcategory 

of the Oil and Gas Extraction Point 

Source Category (40 CFR part 435, 

subpart A). The reissued permit will 

become effective November 8, 2004. The 

existing permit published in the Federal 

Register, at 64 FR 19156 on April 19, 

1999 and modified on January 22, 2001 

(66 FR 6850), authorizes discharges 

from exploration, development, and 

production facilities located in and 

discharging to Federal waters of the Gulf 

of Mexico seaward of the outer 

boundary of the territorial seas offshore 

of Louisiana and Texas. Today’s action 

reissues the permit which expired on 

November 3, 2003. 

A copy of the Region’s responses to 

comments and the final permit may be 

obtained from the EPA Region 6 Internet 

site: http://www.epa.gov/earth1r6/6wq/

6wq.htm.

A Record of Decision which 

completes the Environmental 

Assessment process required by the 

National Environmental Policy Act is 

also available at the above Internet 

address.

FOR FURTHER INFORMATION CONTACT: Ms. 

Diane Smith, EPA Region 6, 1445 Ross 

Avenue, Dallas, Texas 75202, 

Telephone: (214) 665 7191, or via e-mail 

to the following address: 

smith.diane@epa.gov.

SUPPLEMENTARY INFORMATION: 

Regulated Entities. Entities potentially 

regulated by this action are those which 

operate offshore oil and gas extraction 

facilities located in the Outer 

Continental Shelf Offshore of Louisiana 

and Texas.