[Federal Register Volume 64, Number 133 (Tuesday, July 13, 1999)]
[Notices]
[Pages 37772-37773]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-17770]


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ENVIRONMENTAL PROTECTION AGENCY

[IL 192;FRL-6377-2]


Final Determination for Prevention of Significant Deterioration 
Air Quality Permit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final action.

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SUMMARY: The purpose of this document is to announce that on March 10, 
1999, the EPA Environmental Appeals Board (EAB) issued a Remand Order 
finding that the West Suburban Recycling and

[[Page 37773]]

Energy Center, L.P. (WSREC), in the Village of Summit, Illinois, had 
failed to establish that the incinerator described in its prevention of 
significant deterioration (PSD) permit application is still viable, and 
concluded that no PSD permit to construct should be issued to WSREC 
under these circumstances. The EAB remanded the matter to the Illinois 
Environmental Protection Agency (Illinois EPA) to issue a final permit 
decision denying the federal PSD permit. On April 22, 1999, the 
Illinois EPA denied the WSREC application for a federal PSD permit.

DATES: Judicial review of the PSD permit denial is available pursuant 
to 307(b)(1) of the Clean Air Act and only by filing a petition for 
review in the United States Court of Appeals for the Seventh Circuit by 
September 13, 1999.

ADDRESSES: Documents relevant to the above action are available for 
public inspection during normal business hours at the following 
addresses:

Illinois Environmental Protection Agency, Bureau of Air, Permit 
Section, 1021 N. Grand Ave. East, Springfield, Illinois 62794
United States Environmental Protection Agency, Region 5, 77 West 
Jackson Blvd. (AR-18J), Chicago, IL 60604

FOR FURTHER INFORMATION CONTACT: Mr. Steve Marquardt, United States 
Environmental Protection Agency, Region 5, 77 West Jackson (AR-18J), 
Chicago, Illinois 60604. (312) 353-3214.

SUPPLEMENTARY INFORMATION: On November 4, 1998 the EAB issued an Order 
to Show Cause Why Appeal Should Not Be Dismissed As Moot (``Show Cause 
Order'') in this case. The Show Cause Order directed the permittee/
petitioner, WSREC, to ``affirm that it is presently committed to 
construct the resource recovery facility'' that is the subject of this 
appeal. Show Cause Order at 7. In particular, WSREC was to 
``demonstrate that it has the means to obtain control over the 
properties identified in its site plan for purposes of construction.''. 
Id. At 8. The purpose of the Show Cause Order was to give WSREC an 
opportunity to defend against the dismissal of this appeal on the 
ground that ``WSREC does not intend, or is unable, to construct the 
facility identified in its permit application.'' Id.
    In light of WSREC's failure to affirm that it intends to construct 
the facility described in its PSD permit application and the evidence 
of property transfers covering the proposed project site, the EAB 
concluded that there is no realistic prospect that construction will 
commence within the regulatory time frame specified in 40 CFR 52.21(r). 
Further, the EAB found that WSREC failed to show cause why this appeal 
should not be dismissed as moot. The appeal was dismissed by the EAB 
and the matter was remanded to the Illinois EPA for the purpose of 
issuing a final permit decision denying the permit. The EAB instructed 
that the Illinois EPA's final decision shall be considered final agency 
action for the purposes of judicial review.

    Dated: June 23, 1999
Jerri-anne Garl,
Acting Regional Administrator, Region 5.
[FR Doc. 99-17770 Filed 7-12-99; 8:45 am]
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