[Federal Register Volume 65, Number 148 (Tuesday, August 1, 2000)]
[Notices]
[Pages 46910-46911]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-19374]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6843-4]


Notice of Prevention of Significant Deterioration (PSD) Final 
Determination for RockGen Energy Center, Town of Christiana, Dane 
County, Wisconsin

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final action.

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SUMMARY: The purpose of this notice is to announce that on March 3, 
2000, the Environmental Appeals Board (EAB) of the United States 
Environmental Protection Agency (EPA) dismissed a petition for review 
of a revised permit issued for the RockGen Energy Center by the 
Wisconsin Department of Natural Resources (WDNR) pursuant to the

[[Page 46911]]

Prevention of Significant Deterioration of Air Quality (PSD) 
regulations under 40 CFR 52.21.

DATES: The effective date for the Board's decision is March 3, 2000. 
Judicial review of this permit decision, to the extent it is available 
pursuant to section 307(b)(1) of the Clean Air Act, may be sought by 
filing a petition for review in the United States Court of Appeals for 
the Seventh Circuit within 60 days of today's date.

ADDRESSES: The documents relevant to the above action are available for 
public inspection during normal business hours at the following address 
by calling Raj Vakharia at (608) 267-2015 to arrange a visit: 
Department of Natural Resources, Bureau of Air Management, 101 South 
Webster Street, 7th Floor, Madison, WI.

FOR FURTHER INFORMATION CONTACT: Mr. Constantine Blathras (AR-18J), 
United States Environmental Protection Agency, Region 5, 77 West 
Jackson Boulevard, Chicago, Illinois 60604, at (312) 886-0671.

SUPPLEMENTARY INFORMATION: On January 25, 1999, the WDNR issued PSD 
permit 98-RV-150 to RockGen Energy Center for the construction of a new 
525 MW electric power generating facility in the Town of Christiana, 
Dane County, Wisconsin. The facility will include three 175-MW simple 
cycle combustion turbines using natural gas as a primary fuel and low 
sulfur No. 2 fuel oil as a back-up. The facility is subject to PSD for 
nitrogen oxides (NOX) and carbon monoxide (CO).
    On April 5, 1999, the Responsible Use of Rural and Agricultural 
Land (RURAL) petitioned the EAB to review this permit alleging: (i) 
WDNR's selection of BACT for NOX was clearly erroneous; (ii) 
WDNR abused its discretion by failing to consider demand side 
management alternatives to the construction of the facility; (iii) 
WDNR's characterization of the facility as a ``peak power generating 
facility'' and its inclusion in the final permit of a continuous 
emission monitoring (CEM) exemption provision are inconsistent with 
applicable regulations; (iv) the start-up and shut-down provision in 
the final permit is not federally enforceable; and (5) WDNR failed to 
adequately reply to written comments on the draft permit or to explain 
changes to the draft permit.
    On June 11, 1999, EPA filed an Amicus Brief that commented on (i) 
WDNR's BACT analysis, (ii) WDNR's conclusion that DLN was technically 
feasible as a control option, (iii) the permit provision regarding 
emissions during start-up and shutdown, and (iii) demand-side 
management or other alternatives.
    On August 25, the EAB issued its order remanding the permit as to 
(i) the conditions under which NOX estimation procedures may 
be used in lieu of CEM, (ii) the permit provision relating to 
exceedances of the permit's emission limitations during start-up or 
shutdown of the facility, and (iii) WDNR's reply to written comments, 
and denying review as to the BACT determination issue and the demand-
side alternatives issue, which were not properly preserved for review, 
and all other issues raised in the petition.
    On October 15, 1999, WDNR issued revised permit 98-RV-150-R1 to 
RockGen Energy Center and a revised response to comments. The revised 
permit strikes the permit condition concerning exceedances of emissions 
limits during start-up and shut-down and amends the permit conditions 
under which NOX estimation procedures may be used in lieu of 
CEM to reflect the language of applicable regulatory language under 40 
CFR 72.2.
    RURAL filed a petition for review of the revised permit on November 
17, 1999, alleging that WDNR erroneously refused to consider the 
opposition of local and county zoning authorities to the permit. On 
March 3, 2000, the EAB denied the petition for review on the grounds 
that the issue had not been properly preserved.

    Dated: July 21, 2000.
Francis X. Lyons,
Regional Administrator, Region 5.
[FR Doc. 00-19374 Filed 7-31-00; 8:45 am]
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