[Federal Register: August 13, 2003 (Volume 68, Number 156)]
[Notices]
[Page 48359]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13au03-76]
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ENVIRONMENTAL PROTECTION AGENCY
[IN 150-1; FRL-7543-5]
Notice of Final Determination for Alcoa-Warrick Power Plant in
Newburgh, Indiana
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of final action.
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SUMMARY: This notice announces that on March 5, 2003, the Environmental
Appeals Board (EAB) of the EPA dismissed a petition for review of a
permit issued for the Alcoa-Warrick Power Plant (Alcoa) by the Indiana
Department of Environmental Management (IDEM). The EAB dismissed the
petition because it determined that it does not have jurisdiction to
review permits that are issued solely under a state's federally
approved Title V permit program.
DATES: The effective date for the EAB's decision is March 5, 2003.
Judicial review of this permit decision, to the extent it is available
pursuant to section 307(b)(1) of the Clean Air Act, 42 U.S.C.
7607(b)(1), may be sought by filing a petition for review in the United
States Court of Appeals for the Seventh Circuit within 60 days of
August 13, 2003.
ADDRESSES: The documents relevant to the above action are available for
public inspection during normal business hours at the following
address: EPA, Region 5, 77 West Jackson Boulevard (AR-18J), Chicago,
Illinois 60604. To arrange viewing of these documents, call Sam
Portanova at (312) 886-3189.
FOR FURTHER INFORMATION CONTACT: Sam Portanova, EPA, Region 5, 77 W.
Jackson Boulevard (AR-18J), Chicago, Illinois 60604. Anyone who wishes
to review the EAB decision can obtain it at http://www.epa.gov/eab/orders/alcoa.pdf
.
SUPPLEMENTARY INFORMATION: This supplemental information is organized
as follows:
A. What Action Is EPA Taking?
B. What Is The Background Information?
C. What did EPA Determine?
A. What Action Is EPA Taking?
We are notifying the public of a final decision by EPA's EAB on a
permit issued by IDEM.
B. What Is the Background Information?
On November 6, 2002, IDEM issued a Part 70 Significant Source
Modification permit (permit number 173-16275-00002) to Alcoa to modify
three pulverized dry bottom wall-fired boilers by installing low
NOX burners. The permit allows the boilers to fire
bituminous coal or natural gas and requires the use of low
NOX burners to control nitrogen oxide (NOX)
emissions. IDEM determined that this project qualified as a pollution
control project and was not subject to PSD.
Stephen A. Loeschner subsequently filed a petition for review of
the permit with the EAB on December 10, 2002. Mr. Loeschner argued that
IDEM improperly exempted this modification from PSD review by granting
it a pollution control project exemption. He also argued that this
permit should require carbon monoxide continuous emissions monitors.
In two previous rulings, Carlton, Inc. N. Shore Power Plant, 9
E.A.D. 690 (EAB 2001), and DPL Energy Montpelier Electric Generating
Station, 9 E.A.D. 695 (EAB 2001), as in the Alcoa case, the petitioners
challenged the state agency's decision to issue state minor source
permits rather than federal PSD permits. In denying review in both of
these permits, the EAB ruled that its jurisdiction is limited to
federal PSD permits that are actually issued under the PSD program, and
does not extend to a state's decision not to issue a PSD permit.
C. What Did the EAB Determine?
On March 5, 2003, the EAB dismissed the petition for review on the
grounds that the Board lacks authority to review the Alcoa permit,
which was issued solely under Indiana's federally approved Title V
program and was not a federal PSD permit.
Dated: July 24, 2003.
Bharat Mathur,
Acting Regional Administrator, Region 5.
[FR Doc. 03-20526 Filed 8-12-03; 8:45 am]
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