[Federal Register Volume 65, Number 239 (Tuesday, December 12, 2000)]
[Notices]
[Pages 77623-77624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-31617]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6915-4]


Prevention of Significant Deterioration of Air Quality (PSD) 
Applicability Determination.

AGENCY: Environmental Protection Agency.

ACTION: Notice of applicability determination.

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SUMMARY: This notice announces that on May 23, 2000, the Environmental 
Protection Agency (EPA) Region 5, issued an applicability determination 
for Detroit Edison Company's Monroe Power Plant pursuant to the 
Prevention of Significant Deterioration of Air Quality (PSD) 
requirements under the Clean Air Act (Act) and regulations codified at 
40 CFR 52.21.

DATES: Region 5 initially issued the above determination on May 23, 
2000. The Administrator affirmed the determination on August 30, 2000.

FOR FURTHER INFORMATION CONTACT: Laura Hartman, Environmental Engineer, 
Permits and Grants Section, Air Programs Branch (AR-18J), Air and 
Radiation Division, United States Environmental Protection Agency, 
Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 
353-5703, [email protected].
    Anyone who wishes to review this determination and related 
materials can obtain this determination at http://www.epa.gov/region5/air/permits/permits.htm or http://www.epa.gov/region07/programs/artd/air/nsr/nsrpg.htm.

SUPPLEMENTARY INFORMATION: This supplementary information section is 
organized as follows:

A. What Action is EPA Taking?
B. What did EPA Determine?

A. What Action Is EPA Taking?

    We are notifying the public that EPA has made a provisional 
determination regarding the applicability of the PSD regulations to the 
proposed replacement and reconfiguration of the high pressure section 
of two steam turbines at Detroit Edison's Monroe Power Plant, referred 
to as the Dense Pack project. Specifically, Detroit Edison Company 
requested EPA to determine: (1) Whether the Dense Pack project is a 
routine or non-routine change under the PSD regulations, and (2) if the 
project is not routine, whether it will require a PSD permit.

B. What Did EPA Determine?

    Considering the nature, extent, purpose, frequency, and cost of the 
work, as well as other relevant factors, EPA found that the proposed 
Dense Pack project would not be routine maintenance, repair, and 
replacement. Consequently, EPA determined that the project would not be 
exempt from the PSD program on that basis.
    However, the Dense Pack project must undergo PSD review only if the 
project would result in a significant net emissions increase of 
regulated pollutants. Under the applicable PSD regulatory provisions 
commonly known as the ``WEPCO rule'', see 57 FR 32314 (July 21, 1992), 
in determining if a physical change will result in a significant 
emissions increase at an electric utility plant, a company may use an 
``actual'' to ``representative actual annual emissions'' test for 
emissions from the electric utility steam generating unit. Under this 
test, the company must calculate baseline emissions and project future 
emissions after the change. Because EPA has no information to dispute 
Detroit Edison's contention that actual emissions will not 
significantly increase at the modified units as a result of the Dense 
Pack project, and as long as the State permitting agency concurs with 
Detroit Edison's projection that emissions will not increase as a 
result of the project, Detroit Edison may proceed at any time with the 
project without first obtaining a PSD permit. EPA's determination is 
provisional because Detroit Edison has not provided a calculation of 
baseline emissions or projected future emissions to the State 
permitting agency for evaluation as is called for under the WEPCO rule. 
The company should do so before starting construction.

[[Page 77624]]

    If, after the project is completed and the affected units resume 
regular operation, data reflecting actual emissions show a significant 
emissions increase resulting from the project, PSD would apply at that 
time.

C. How May Interested Parties Seek Judicial Review of this Action?

    Interested parties with standing may seek judicial review of this 
decision under Section 307(b)(1) of the Act only by the filing of a 
petition for review in the United States Court of Appeals for the 
appropriate regional circuit within 60 days from the date on which this 
notice is published in the Federal Register. Under Section 307(b)(2) of 
the Act, this determination shall not be subject to later judicial 
review in civil or criminal proceedings for enforcement.

    Dated: November 21, 2000.
Francis X. Lyons,
Regional Administrator, Region 5.
[FR Doc. 00-31617 Filed 12-11-00; 8:45 am]
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