[Federal Register Volume 62, Number 96 (Monday, May 19, 1997)]
[Notices]
[Pages 27252-27253]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-13037]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5826-9]


Prevention of Significant Deterioration of Air Quality (PSD); 
Commonwealth Chesapeake Corporation Accomack County, Virginia

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

ACTION: Notice of order denying review.

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SUMMARY: This action announces that the Environmental Appeals Board of 
the United States Environmental Protection Agency issued an order 
denying review, pursuant to the Prevention of Significant Deterioration 
of Air Quality (PSD) regulations codified at 40 CFR 52.21 and the 
procedures for Decisionmaking codified at 40 CFR part 124, regarding 
Commonwealth Chesapeake Corporation--Accomack County, Virginia.

DATES: The effective date of the Environmental Appeals Board's decision 
was February 19, 1997.

FOR FURTHER INFORMATION CONTACT: Ms. Kathleen Henry, Chief, Permit 
Programs Section, Air, Radiation & Toxics Division, U.S. Environmental 
Protection Agency, Region III, Mail Code 3AT23, 841 Chestnut Building, 
Philadelphia, Pennsylvania, 19107 at (215) 566-2175, or by e-mail to 
Henry. Kathleen @epamail.epa.gov.

SUPPLEMENTARY INFORMATION: Four petitions were filed with the 
Environmental Appeals Board seeking

[[Page 27253]]

review of a Prevention of Significant Deterioration (PSD) permit issued 
to Commonwealth Chesapeake Corporation for construction of a 397.5 MW 
simple cycle peaker power plant in Accomack County, Virginia. Pursuant 
to a delegation of authority from EPA, the Virginia Department of 
Environmental Quality (VDEQ) issued the final permit on May 21, 1996. 
Because of the delegation, the Virginia permit is considered an EPA-
issued permit for purposes of federal law (40 CFR 124.41 (1991)); 45 FR 
33413 (May 19, 1980)), and is subject to review by the Agency under 40 
CFR 124.19 (1991).
    Four private citizens, residents of Accomack county, petitioned the 
Board for review of the PSD permit. PSD Appeal No. 96-2 was filed by 
Elizabeth Trader; PSD Appeal No. 96-3 was filed by Dorothy Bonney; PSD 
Appeal No. 96-4 was filed by Marvel Wimbrow; and PSD Appeal No. 96-5 
was filed by William Reese.
    The Board issued an Order denying review in the above case on 
February 19, 1997. The Board held that: (1) One petitioner (Appeal No. 
96-5) lacks standing to petition for review of the permit because he 
failed to participate in the public hearing or provide comments on the 
draft permit, and therefore that petition must be dismissed; (2) with 
respect to Appeals No. 96-2, No. 96-3 and No. 96-4, the Board concludes 
that petitioners have not met their burden of showing that VDEQ's 
decision should be reviewed.
    Anyone wishing to review the permit, petitions, order denying 
review, or related materials should contact the following offices:

U.S. Environmental Protection Agency, Region III, Air, Radiation and 
Toxics Division, Permit Programs Section (3AT23), 841 Chestnut 
Building, Philadelphia, Pennsylvania 19107

    or

Virginia Department of Environmental Quality, Tidewater Regional 
Office, 5636 Southern Boulevard, Virginia Beach, Virginia 23462.

    Dated: May 6, 1997.
Andrew Carlin,
Acting Regional Administrator Region III.
[FR Doc. 97-13037 Filed 5-16-97; 8:45 am]
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