Regulacje i polityka gospodarcza · 12.10.2005

Clean Air Act Operating Permit Program; Petition for Objection to State Operating Permit for Oglethorpe Power Company-Wansley Combined Cycle Energy Facility; Roopville (Heard County), GA

On September 15, 2005, the Administrator issued an Order Responding to Remand denying a petition to object to a state operating permit issued to Oglethorpe Power Company (Oglethorpe)--Wansley Combined Cycle Energy Facility (Block 8) located in Roopville, Heard County, Georgia, pursuant to title V of the Clean Air Act (the Act), 42 U.S.C. 7661-7661f. On February 4, 2002, Sierra Club had filed a petition seeking EPA's objection to the title V operating permit for Block 8 issued by the Georgia Environmental Protection Division (EPD). The Administrator denied the petition in an Order dated November 15, 2002. Pursuant to Section 502(b) of the Act, Sierra Club appealed to the U.S. Court of Appeals for the Eleventh Circuit (the Court), arguing that Oglethorpe was not entitled to a permit for Block 8 (in accordance with Georgia's Statewide Compliance Rule) because it owns part of another major stationary source that has been cited for non-compliance with the Act. On May 5, 2004, the Court granted Sierra Club's petition for review, vacated the November 12, 2002, Order, and remanded to EPA for further explanation of the manner in which the Georgia rule should be applied in cases of partial o