Posted by: Lawyer Sanders | February 26, 2009

Environmental attorney Sanders says U.S. EPA denys 2003 petition objecting to a permit for Thoroughbred’s coal-fired plant in Muhlenberg County, Kentucky.

The following notice was published in the Federal Register on January 29, 2009.  It appears to be just a house keeping measure at Region 4, but that may not be the case because of the Kentucky Court of Appeals decision allowing the air permit to be issued for Peabody’s coal-fired electric generating plant.

In December 2008, Peabody announced that it was withdrawing its plan to build two 750 MW pulverized coal-burning plants at their Thoroughbred Campus.  Instead, Peabody wanted to build a coal to gas plant on the same property.  In any event, pursuant to Clean Air Act section 505(b)(2) and 40 CFR 70.8(d), the EPA Administrator signed an Order, dated January 8, 2009, denying a petition to object to a state operating permit issued by the Kentucky Division for Air Quality (KDAQ) to Thoroughbred Generating Company, LLC–Thoroughbred Generating Station (TGS) located near Central City, Muhlenberg County, Kentucky.


EPA’s Order constitutes final action on the petition submitted by the Natural Resources Defense Council, Sierra Club, Valley Watch, the National Parks Conservation Association, the Ohio Valley Environmental Coalition, and Elizabeth and Hannah Crowe (Petitioners) on January 24, 2003.


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:


Pursuant to section 505(b)(2) of the Clean Air Act (the Act), 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.


Petitioners submitted a petition on January 24, 2003, requesting that EPA object to a state title V operating permit issued by KDAQ to TGS. However, on December 15, 2008, Thoroughbred Generating Company relinquished the permit at issue in the petition. Therefore, on January 8, 2009, the Administrator issued an Order denying the petition as moot since no permit about which EPA could object existed. The Order further explains EPA’s rationale for denying the petition.


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

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