[Federal Register: September 2, 1999 (Volume 64, Number 170)]
[Notices]               
[Page 48162-48163]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02se99-65]                         

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6432-5]

 
Clean Air Act Operating Permit Program; Petition for Objection to 
State Operating Permit for Maui Electric Company, Limited for the 
Maalaea Generating Station Units M17 & M19 (Hawaii CSP No. 0067-01-C) 
at Maalaea, Maui, Hawaii

AGENCY: Environmental Protection Agency (EPA), Region 9.

ACTION: Notice of final order on petition to object to state operating 
permit.

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SUMMARY: Pursuant to Clean Air Act Section 505(b)(2) and 40 CFR 
70.8(d), the EPA Administrator is hereby denying a petition to object 
to a state operating permit issued by the Hawaii Department of Health 
to Maui Electric Company, Limited for the Maalaea Generating Station 
Units M17 & M19 at Maalaea, Maui, Hawaii. This order constitutes final 
action on the petition submitted by Kawaihae Cogeneration Partners 
(KCP). Pursuant to Section 505(b)(2) of the Clean Air Act (``Act''), 
petitioner may seek judicial review in the United States Court of 
Appeals for the appropriate circuit within 60 days of this decision 
under section 307 of the Act.

ADDRESSES: Copies of the final order, the petition and all pertinent 
information relating thereto are on file at the following location: 
Environmental Protection Agency, Region IX, Air Division, 75 Hawthorne 
Street, San Francisco, California, 94105. The final order is also 
available electronically at the following address: http://www.epa.gov/
ttn/nsr/poly__gui.html.

FOR FURTHER INFORMATION CONTACT: Robert Baker (AIR-3), U.S. 
Environmental Protection Agency, Region 9, Telephone (415) 744-1258, E-
mail Baker.Robert@epa.gov. Interested parties may also contact the 
Hawaii Department of Health, Clean Air Branch, 919 Ala Moana Blvd.--
Room 203, Honolulu, Hawaii 96814.

SUPPLEMENTARY INFORMATION: The Clean Air Act affords EPA the 
opportunity for a 45-day period to review, and object to as 
appropriate, operating permits proposed by State permitting

[[Page 48163]]

authorities. Section 505(b)(2) of the Act authorizes any person to 
petition the EPA Administrator within 60 days after the expiration of 
this review period to object to State operating permits if EPA has not 
done so. 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.
    Kawaihae Cogeneration Partners (KCP) submitted a petition to the 
Administrator on February 17, 1998, seeking EPA's objection to the PSD/
Covered Source Permit issued to Maui Electric Company (MECO) for the 
construction and operation of two 20 megawatt combustion turbine 
generators at MECO's Maalaea Generating Station at Maalaea, Maui, 
Hawaii. KCP's petition alleges that the Covered Source Permit's 
requirement of water injection and low sulfur fuel oil is not BACT for 
oxides of nitrogen and sulfur dioxide. The order denying this petition 
explains the reasons behind EPA's conclusion that the petitioner has 
failed to demonstrate that the Maui Electric permit is not in 
compliance with the requirements of the Clean Air Act.

    Dated: August 22, 1999.
Nora L. McGee,
Acting Regional Administrator, Region 9.
[FR Doc. 99-22931 Filed 9-1-99; 8:45 am]
BILLING CODE 6560-50-P