[Federal Register: September 26, 2001 (Volume 66, Number 187)]
[Notices]
[Page 49178]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26se01-54]
[[Page 49178]]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-7065-6]
Notice of Prevention of Significant Deterioration Final
Determination for Chehalis Generating Facility
AGENCY: Environmental Protection Agency (``EPA'')
ACTION: Notice of Final Action
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SUMMARY: This document announces that on August 20, 2001, the
Environmental Appeals Board (``EAB'') of EPA denied a petition for
review of a permit issued for the Chehalis Generating Facility by EPA,
Region 10 and the State of Washington's Energy Facility Site Evaluation
Council (``EFSEC'') pursuant to EPA's Prevention of Significant
Deterioration of Air Quality (``PSD'') regulations, under 40 CFR 52.21.
DATES: The effective date for the EAB's decision is August 20, 2001.
Judicial review of this permit decision, to the extent it is available
pursuant to section 307(b)(1) of the Clean Air Act (``CAA''), may be
sought by filing a petition for review in the United States Court of
Appeals for the Ninth Circuit within 60 days of September 26, 2001.
ADDRESSES: The documents relevant to the above action are available for
public inspection during normal business hours at the following
address: EPA, Region 10, 1200 Sixth Avenue, Seattle, Washington 98101.
To arrange viewing of these documents, call Daniel Meyer at (206) 553-
4150.
FOR FURTHER INFORMATION CONTACT: Daniel Meyer, EPA, Region 10, 1200
Sixth Avenue (OAQ-107), Seattle, Washington, 98101.
SUPPLEMENTARY INFORMATION: This supplemental information is organized
as follows:
A. What Action is EPA Taking?
B. What is the Background Information?
C. What did the EAB Decide?
A. What Action Is EPA Taking?
We are notifying the public of a final decision by EPA's EAB on a
permit issued by EPA Region 10 and EFSEC (``permitting authorities'')
pursuant to the PSD regulations found at 40 CFR 52.21.
B. What Is the Background Information?
In 1997, the permitting authorities jointly issued a PSD permit
pursuant to Section 165 of the CAA, 42 U.S.C. 7475, 40 CFR 52.21, and
the terms and conditions of EFSEC's delegation of authority from EPA
Region 10 under 40 CFR 52.21(u), for what ultimately will be a 520-
megawatt electric power generation facility. The facility is subject to
PSD for nitrogen oxides (`` NOX''), carbon monoxide
(``CO''), volatile organic compounds (``VOC''), and particulate matter
(``PM''). The original PSD permit required installation of Best
Available Control Technology (``BACT'') which was determined to be
advanced dry-low NOX combuster technology and included a
short-term emission limit for NOX of 9.9 parts per million
dry volume (``ppmdv''). In November, 1998, the permitting authorities
jointly extended the original PSD permit. The extension authorized
Chehalis Power to commence construction by no later than June 18, 2000.
On May 18, 2000, EFSEC published a notice informing the public of a
proposed permit amendment for the Chehalis Generating Facility. In
March, 2001, EPA Region 10 and Chehalis Power signed an administrative
order on consent that required Chehalis Power to request additional
revisions to its PSD permit, including the installation of select
catalytic reduction (``SCR'') to control NOX emissions, as
well as a reduction in both annual and short-term NOX
emissions. The permitting authorities approved an amended PSD permit in
April, 2001, reflecting these changes. Subsequent to issuance of the
PSD permit amendment, REBOUND (``Petitioner''), which represents the
Seattle/King County Building & Construction Trades Council, filed a
petition challenging the PSD permit amendment.
C. What Did the EAB Decide?
On August 20, 2001, the EAB denied review of the petition because
Petitioner failed to show clear error or other reason for the EAB to
grant review with respect to: (1) the permitting authorities'
determination that no new BACT analysis was required for
NOX, CO, VOC, or PM, in light of Chehalis Power's agreement
to install SCR and to reduce its short-term emission limit for
NOX from 9.9 to 3 ppmdv with 10ppmdv ammonia slip; (2) the
permitting authorities' decision not to reopen the public comment
period in order to allow for comment on changes made to the amended PSD
permit relating to startup and shutdown NOX emissions and
ammonia emissions, because Petitioner had previously commented on
startup and shutdown NOX emissions and ammonia emissions;
and (3) EFSEC's failure to include a description of appeal rights in
the amended PSD permit as mandated by the 1992 delegation of authority
from EPA Region 10 to EFSEC, because Petitioner did not properly
preserve this issue for review. The EAB did not address the merits of
Petitioner's claim that Chehalis Power had not commenced construction
within 18 months of receiving its PSD permit extension because
Petitioner did not address any of the specific factors discussed in
EFSEC's response to comments explaining its commencement of
construction determination.
Pursuant to 40 CFR 124.19(f)(1), for purposes of judicial review,
final Agency action occurs when a final PSD permit is issued and Agency
review procedures are exhausted. This notice is being published
pursuant to 40 CFR 124.19(f)(2), which requires notice of any final
agency action regarding a permit to be published in the Federal
Register. This notice being published today in the Federal Register
constitutes notice of the final Agency action denying review of the PSD
permit and, consequently, notice of the permitting authorities'
issuance of an amended PSD permit No. EFSEC/95-02 Amendment 1 to
Chehalis Power. If available, judicial review of these determinations
under section 307(b)(1) of the CAA may be sought only by the filing of
a petition for review in the United States Court of Appeals for the
Ninth Circuit, within 60 days from the date on which this notice is
published in the Federal Register. Under section 307(b)(2) of the Act,
this determination shall not be subject to later judicial review in any
civil or criminal proceedings for enforcement.
Dated: September 17, 2001.
Ronald A. Kreizenbeck,
Acting Regional Administrator, Region 10.
[FR Doc. 01-24062 Filed 9-25-01; 8:45 am]
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