[Federal Register Volume 59, Number 80 (Tuesday, April 26, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10054]


[[Page Unknown]]

[Federal Register: April 26, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-4878-1]

 

Prevention of Significant Deterioration of Air Quality (PSD) 
Patowmack Power Partners, L.P. Loudoun County, Virginia

AGENCY: United States Environmental Protection Agency.

ACTION: Notice of final action.

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SUMMARY: The purpose of this notice is to announce the finalAgency 
action regarding the Prevention of SignificantDeterioration (PSD) 
permit issued by the Virginia Department of Environmental Quality on 
September 15, 1993 to Patowmack Power Partners, L.P. in Loudoun County, 
Virginia. Thisdetermination was appealed to the Environmental 
Protection Agency (EPA).
DATES: The Environmental Appeals Board of the EPA issued an Order 
Denying Review on February 24, 1994.

FOR FURTHER INFORMATION CONTACT: Ms. Eileen M. Glen, Chief, New Source 
Review Section, Air Enforcement Branch, Air, Radiation and Toxics 
Division, U.S. Environmental Protection Agency, Region III, Mail Code 
3AT22, 841 Chestnut Building, Philadelphia, Pennsylvania, 19107, (215) 
597-8379.

SUPPLEMENTARY INFORMATION: On October 6, 1993 and October 8, 1993, 
petitions were submitted to the Environmental Appeals Board requesting 
review of a PSD permit issued to Patowmack Power Partners, L.P. for 
construction of a 315-megawatt gas/oil fired electric generating 
facility in Loudoun County, Virginia. These petitions were submitted by 
Edward A. Mainland and Mary Fraser-Priest, respectively. The PSD permit 
was issued by the Virginia Department of Environmental Quality (VDEQ) 
on September 15, 1993, pursuant to a delegation of authority from the 
EPA, Region III, Philadelphia, Pennsylvania. Because of the delegation, 
any PSD permit issued by the VDEQ is an EPA-issued permit for purposes 
of Federal law (40 CFR 124.41; 45 FR 33413 (May 19, 1980)), and is 
subject to review by the Agency under 40 CFR 124.19 before becoming 
final.
    The Environmental Appeals Board issued an Order Denying Review of 
the permit on February 24, 1994, concluding that review of VDEQ's 
permit determination was not warranted and that it met all necessary 
requirements of Federal law.
    Anyone wishing to review the final permit, petitions, Order Denying 
Review, or related materials should contact one of the following 
offices:

    U.S. Environmental Protection Agency, Region III, Air Enforcement 
Branch, New Source Review Section (3AT22), 841 Chestnut Building, 
Philadelphia, Pennsylvania 19107.
    Virginia Department of Environmental Quality, P.O. Box 10089, 
Richmond, Virginia 23240.
    Pursuant to 40 CFR 124.19(f)(2), for purposes of judicial review, 
final Agency action occurs when a final PSD permit is issued and Agency 
review procedures are exhausted. This notice,being published today in 
the Federal Register, constitutes notice of the final Agency action 
denying review of the PSD permit. If available, judicial review of 
these determinations under section 307(b)(1) of the Clean Air Act (Act) 
may be sought only bythe filing of a petition for review in the United 
States Court of Appeals for the appropriate circuit within 60 days from 
the date on which this determination 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: April 15, 1994.
W.T. Wisniewski,
Acting Regional Administrator.
[FR Doc. 94-10054 Filed 4-25-94; 8:45 am]
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