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Title V Petitions Update. Art Hofmeister Air Permits Section EPA Region IV. Petitions Update. Petitions received-to-date 1 : Nationally: 224 Region IV: 46 (third most) Regions II, IV, and IX account for approximately 65 percent of the national total

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Title v petitions update

Title V Petitions Update

Art Hofmeister

Air Permits Section

EPA Region IV


Petitions update
Petitions Update

  • Petitions received-to-date1:

    • Nationally: 224

    • Region IV: 46 (third most)

    • Regions II, IV, and IX account for approximately 65 percent of the national total

      1Based on data entered into the Petition Electronic Tracking System (or PETS)


Petitions update cont
Petitions Update (cont.)

  • Regional breakdown (by state):

    Alabama 8

    Florida 0

    Georgia 23

    Kentucky 4

    Mississippi 0

    N. Carolina 4

    S. Carolina 3

    Tennessee 4


Petitions update cont1
Petitions Update (cont.)

  • Regional breakdown (by year):

    1998 1

    1999 0

    2000 5

    2001 10

    2002 9

    2003 9

    2004 3

    2005 4

    2006 4

    2007 1


Petitions update cont2
Petitions Update (cont.)

  • Of 46 received, 30 have been resolved as follows:

    • Twenty-three (23) have been issued final, amended final, and/or remanded final Orders

      • Eight (8) since the last workshop

    • Five (5) have been deemed “untimely” in accordance with 40 CFR § 70.8(d)

    • Two (2) have been withdrawn by petitioner(s)


Petitions update cont3
Petitions Update (cont.)

  • Another Remanded final Order

    • King Finishing America

    • Originally petitioned by GCLPI (on behalf of the Sierra Club) on January 9, 2001

    • Issues raised:

      • Inadequate public notice

      • Inadequate public participation process

      • Limitation of credible evidence

      • Limitation of enforcement authority


Petitions update cont4
Petitions Update (cont.)

  • Inadequate reporting

  • Inadequate monitoring of NOx emissions

  • EPA denies petition (in-full) on January 9, 2002

  • Pursuant to section 502(b) of CAA, petitioner appeals EPA decision to U.S. 11th Circuit Court of Appeals (in Atlanta)

  • On January 20, 2006, the Court partially grants the petition for review and remands mailing list issue back to EPA for further consideration


  • Petitions update cont5
    Petitions Update (cont.)

    • The Court concluded that (by failing to object) EPA:

      “abused its discretion and acted arbitrarily and capriciously”

    • EPA’s rationale:

      “not convinced that the existence of a mailing list would have significantly increase the public participation related to previously issued permits”


    Petitions update cont6
    Petitions Update (cont.)

    • On September 21, 2006, EPA objects to the King Finishing permit for EPD’s failure to use a mailing list

    • No remedial action resulted – EPD had already begun regular use of a mailing list (as of June 2001)


    Petitions update cont7
    Petitions Update (cont.)

    • First petition by a source received

      • Filed by Georgia Power Company (GPC)

      • Relates to the renewal permit for the Wansley Steam-Electric Generating Plant

      • GPC requests that EPA object to the permit because it includes “misleading and potentially confusing” language relating to common control


    Petitions update cont8
    Petitions Update (cont.)

    • Permit gives the false impression that the following co-located facilities are under common control:

      • Wansley Steam-Electric Plant (“Blocks 6 and 7”)

      • Chattahoochee Energy Facility (“Block 8”)

      • Municipal Electric Authority of Georgia (MEAG) Unit 9 (“Block 9”)

    • In reality:

      • Block 8 is solely owned/operated by Oglethorpe Power Corporation

      • Block 9 is solely owned/operated by MEAG


    Petitions update cont9
    Petitions Update (cont.)

    • GPC requests that EPA direct EPD to use more accurate language in the permit


    Petitions update cont10
    Petitions Update (cont.)

    • To locate petitions and final Orders, use the following link:

      http://www.epa.gov/region7/programs/artd/air/title5/petitiondb/petitiondb.htm


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