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###### Environmental Protection Agency

          - [Petition IV-2008-4; FRL-8971-3]

# 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 (CAA) Section 505(b)(2) and 40 CFR 70.8(d), the EPA Administrator signed an Order, dated September 21, 2009, granting, in part, a petition to object to a merged prevention of significant deterioration (PSD) and state operating permit issued by the Kentucky Division for Air Quality (KDAQ) to East Kentucky Power Cooperative, Inc. (EKPC) for its Hugh L. Spurlock Generating Station located in Maysville, Mason County, Kentucky. This Order constitutes a final action on one of the three issues raised in the petition submitted by Sierra Club (Petitioner) on April 28, 2008. Pursuant to section 505(b)(2) of the CAA, 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 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:                         *http://www.epa.gov/​region07/​programs/​artd/​air/​title5/​petitiondb/​petitions/​ spurlock_​response2008.pdf*.                    

# FOR FURTHER INFORMATION CONTACT:

                        Art Hofmeister, Air Permits Section, EPA Region 4, at (404) 562-9115 or                         *hofmeister.art@epa.gov.*

# 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.

Petitioner submitted a petition regarding the EKPC Spurlock Generating Station on April 28, 2008, requesting that EPA object to Revision 2 to the EKPC merged PSD and title V operating permit. Pursuant to a proposed Consent Decree, EPA agreed to address the issue regarding the lack of hazardous air pollutant emission limits under section 112(g) of the CAA in an order due by September 21, 2009. The remaining two issues will be addressed in a subsequent Order.

On September 21, 2009, the Administrator issued an Order granting the petition. The Order explains EPA's rationale for granting the petition with respect to the issue described above.

Dated: October 7, 2009.

J. Scott Gordon,

Acting Regional Administrator, Region 4.

[FR Doc. E9-25584 Filed 10-22-09; 8:45 am]

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