[Federal Register Volume 65, Number 18 (Thursday, January 27, 2000)]
[Notices]
[Page 4424]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-1961]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[FRL-6530-1]


Acid Rain Program; Notice of the Filing of Petitions for 
Administrative Review and Notice of Final Action

AGENCY:  Environmental Protection Agency (EPA).

ACTION:  Notice of the filing of petitions for administrative review 
and notice of final action.

-----------------------------------------------------------------------

SUMMARY:  The purpose of this document is to announce the filing, with 
EPA's Environmental Appeals Board (EAB), of two petitions for review by 
UtiliCorp United, Inc. (UCU) of two decisions issued by EPA's Office of 
Air and Radiation, Acid Rain Division, and to announce the final agency 
action regarding one of these decisions. These decisions and petitions 
for review concern a request submitted by UCU for approval of a method 
for apportionment of the nitrogen oxide (NOX) emissions from 
a common stack at UCU's Sibley, Missouri facility.

DATES:  The EAB issued its Order Consolidating Petitions For Review, 
Denying Request For Interim Relief, And Denying Review Of Petition No. 
99-3 on December 29, 1999.

FOR FURTHER INFORMATION CONTACT:  Dwight C. Alpern, Attorney-Advisor, 
Clean Air Markets Division (formerly called ``Acid Rain Division'') 
(6204J), U.S. Environmental Protection Agency, Ariel Rios Building, 
1200 Pennsylvania Avenue, NW., Washington, DC 20460 at (202) 564-9151.

SUPPLEMENTARY INFORMATION:  On November 16, 1999, UCU filed, with the 
EAB, a petition for review (CAA Appeal No. 99-2) of a decision by EPA's 
Office of Air and Radiation, Acid Rain Division, dated October 15, 
1999, disapproving UCU's petition for approval of a method for 
apportionment of (NOX emissions from a common stack at UCU's 
facility located at Sibley, Missouri. The appeal raises issues 
regarding the requirement of 40 CFR 75.17(a)(2)(iii). On December 17, 
1999, UCU filed, with the EAB, another petition for review (CAA Appeal 
No. 99-3) of a second decision issued by EPA's Office of Air and 
Radiation, Acid Rain Division, dated November 19, 1999, denying UCU's 
November 10, 1999 request for a stay of 40 CFR 75.17(a)(3)(iii) with 
respect to Unit 3 at UCU's Sibley, Missouri, facility. Both of these 
appeals were filed under 40 CFR part 78 of the Acid Rain regulations, 
and both petitions for review requested evidentiary hearings. On 
December 29, 1999, the EAB issued an order consolidating the two 
petitions for review, denying UCU's request for interim relief in CAA 
Appeal No. 99-2, and denying review of CAA Appeal No. 99-3. Motions for 
leave to intervene in the remaining administrative proceeding regarding 
CAA Appeal No. 99-2 under 40 CFR 78.11 must be filed by February 11, 
2000 with the EAB.
    Pursuant to 40 CFR 78.1(a)(2), for purposes of judicial review, 
final agency action occurs when a decision appealable under part 78 is 
issued and the procedure for appealing the decision are exhausted. This 
notice, being published today in the Federal Register, constitutes 
notice of the final agency action denying UCU's request for interim 
relief and review of CAA Appeal No. 93-3. If available, judicial review 
of this decision under section 307(b)(1) of the Clean Air Act (Act) may 
be brought 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 today's notice is published in the Federal Register. 
Under section 307(b)(2) of the Act, this decision shall not be subject 
to later judicial review in any civil or criminal proceeding for 
enforcement.

    Dated: January 20, 2000.
Brian J. McLean,
Director, Clean Air Markets Division.
[FR Doc. 00-1961 Filed 1-26-00 8:45 am]
BILLING CODE 6560-50-M