[Federal Register Volume 64, Number 217 (Wednesday, November 10, 1999)]
[Notices]
[Page 61332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-29448]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6473-5]


Prevention of Significant Deterioration of Air Quality (PSD) 
Final Determination

AGENCY: Environmental Protection Agency.

ACTION: Notice of final action.

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SUMMARY: The purpose of this notice is to announce that, on October 18, 
1999, the U.S. Environmental Protection Agency (EPA) Environmental 
Appeals Board (Board) dismissed an appeal of a permit issued for the 
Milford Power Plant by the Connecticut Department of Environmental 
Protection (CT-DEP) pursuant to the Prevention of Significant 
Deterioration of Air Quality (PSD) regulations in the Connecticut State 
Implementation Plan (SIP).

DATES: The effective date for the Board's decision is October 18, 1999.

FOR FURTHER INFORMATION CONTACT: Jonathan Averback, Office of Regional 
Counsel, U.S. EPA Region 1, One Congress St.--Suite 1100, Boston, MA, 
02114, 617-918-1078.

SUPPLEMENTARY INFORMATION: On April 16, 1999, CT-DEP issued CT PSD 
Permit Numbers 105-0068 and 105-0069 to PDC--El Paso Milford, L.L.C. 
for the construction of a new power plant in Milford, CT. On May 17, 
1999, Goal Line Environmental Technologies, L.L.C. (Goal Line) 
petitioned the Board to review these permits. The substance of Goal 
Line's petition was to challenge portions of the permit that were 
issued under an approved PSD program incorporated into the SIP for 
Connecticut at 40 CFR 52.370(c)(56). On October 18, 1999, the Board 
dismissed the petition of Goal Line due to lack of jurisdiction (see In 
re: Milford Power Plant, PSD Appeal No. 99-2).
    The effective date of the permit is determined by Connecticut state 
law because the permit was issued by the State under its SIP-approved 
program. The effective date for the Board's decision is October 18, 
1999. If available pursuant to the Consolidated Permit Regulations (40 
CFR 124), judicial review of this determination under Section 307(b)(1) 
of the Clean Air Act (the Act) may be sought only by the 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, these determinations shall not be subject to 
later judicial review in civil or criminal proceedings for enforcement.

    Dated: November 2, 1999.
John P. DeVillars,
Regional Administrator, Region I.
[FR Doc. 99-29448 Filed 11-9-99; 8:45 am]
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