[Federal Register Volume 65, Number 67 (Thursday, April 6, 2000)]
[Rules and Regulations]
[Page 18009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-8538]



[[Page 18009]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[FRL-6572-5]


Notice of Prevention of Significant Deterioration (PSD) Final 
Determination for Delta Energy Center, Pittsburg, CA

AGENCY: Environmental Protection Agency.

ACTION: Notice of final action.

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SUMMARY: The purpose of this document is to announce that on February 
9, 2000, the U.S. Environmental Protection Agency (EPA) Environmental 
Appeals Board (Board) dismissed a petition for review of a permit 
issued for the Delta Energy Center by the Bay Area Air Quality 
Management District (District) pursuant to the Prevention of 
Significant Deterioration of Air Quality (PSD) regulations under 40 CFR 
52.21.

DATES: The effective date for the Board's decision is February 9, 2000.

FOR FURTHER INFORMATION CONTACT: Martha Larson, Permits Office, Air 
Division, U.S. EPA Region IX, 75 Hawthorne Street, San Francisco, CA 
94105, (415) 744-1170.

SUPPLEMENTARY INFORMATION: On October 21, 1999, the District issued a 
Final Determination of Compliance (Application Number 19414) to Delta 
Energy Center for the construction of a new power plant in Pittsburg, 
CA. The Final Determination of Compliance also constituted a final PSD 
Permit under 40 CFR 52.21 and the terms of the District's delegation of 
authority from the U.S. EPA under 40 CFR 52.21(u). On November 16, 
1999, Californians for Renewable Energy, Inc. (``CRE'') petitioned the 
Board to review this permit. On February 9, 2000, the Board dismissed 
CRE's petition due to failure to meet the standing requirements 
necessary for obtaining review of PSD permits as set forth in 40 CFR 
part 124 (see In re: Delta Energy Center, PSD Appeal No. 99-76).
    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 FR, 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 CAA 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 FR. Under section 307(b)(2) of this 
Act, this determination shall not be subject to later judicial review 
in any civil or criminal proceedings for enforcement.

    Dated: March 24, 2000.
David P. Howekamp,
Director, Air Division, Region IX.
[FR Doc. 00-8538 Filed 4-5-00; 8:45 am]
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