[Federal Register Volume 66, Number 178 (Thursday, September 13, 2001)]
[Rules and Regulations]
[Pages 47578-47579]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-23000]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 039-PSD; FRL-7053-3]


Notice of Prevention of Significant Deterioration Final 
Determination for Metcalf Energy Center

AGENCY: Environmental Protection Agency.

ACTION: Notice of final action.

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SUMMARY: The purpose of this document is to announce that, on August 
10, 2001, the U.S. Environmental Protection Agency (EPA) Environmental 
Appeals Board (``Board'') dismissed the petition for review filed by 
the City of Morgan Hill, Santa Teresa Citizen Action Group, Demand 
Clean Air, and Californians for Renewable Energy, Inc. of a permit 
issued to Metcalf Energy Center (MEC) by the Bay Area Air Quality 
Management District (BAAQMD or ``District'') pursuant to the Prevention 
of Significant Deterioration of Air Quality (PSD) regulations under 40 
CFR 52.21. This document also announces that a final PSD permit has 
been issued to MEC by the BAAQMD pursuant to the terms and conditions 
of the District's delegation of authority from the U.S. EPA under 40 
CFR 52.21(u).

DATES: The effective date for the Board's decision is August 10, 2001.

FOR FURTHER INFORMATION CONTACT: David Wampler, Permits Office (AIR3), 
Air Division, U.S. EPA Region IX, 75

[[Page 47579]]

Hawthorne Street, San Francisco, CA 94105, (415) 744-1259.

SUPPLEMENTARY INFORMATION: On May 4, 2001, the District issued a final 
PSD permit to MEC for the construction of a new electricity generating 
plant in San Jose, California. The PSD permit was issued pursuant to 40 
CFR 52.21, the terms and conditions of the District's delegation of 
authority from the U.S. EPA under 40 CFR 52.21(u), and section 7 of the 
federal Endangered Species Act. Subsequent to the issuance of the PSD 
Permit, the Petitioners filed petitions for review of the PSD Permit 
with the Board on June 18, 2001. On August 10, 2001, the Board denied 
review of the petition because Petitioners failed to show clear error 
or other reason for the Board to grant review with respect to: (1) The 
District's BACT determinations for NOX and CO (2.5 ppm 
averaged over 1 hour and 6 ppm averaged over 3 hours, respectively); 
(2) the District's treatment of collateral issues, including an ammonia 
slip limit of 5 ppm, possible formation of secondary particulate 
matter, and the potential for accidental releases of ammonia during 
transport and storage; (3) the District's failure to reopen the public 
comment period to allow public comment on a supplemental BACT analysis 
that was submitted after the closure of the original public comment 
period; (4) the District's failure to respond to certain comments that 
do not rise to the level necessary to justify a remand; (5) the 
District's bifurcation of the PSD Permit and the Final Determination of 
Compliance (a licensing document issued by the California Energy 
Commission); and (6) miscellaneous other issues including the Bay 
Area's ozone attainment plan, meteorological data, the Endangered 
Species Act, state laws, air toxics, and environmental justice. For a 
complete discussion of the EAB's decision, see In re: Metcalf Energy 
Center, PSD Appeal Nos. 01-07 and 01-08.
    Pursuant to 40 CFR 124.19(f)(1), for purposes of judicial review, 
final Agency action occurs when a final PSD permit is issued and Agency 
review procedures are exhausted. This document is being published 
pursuant to 40 CFR 124.19(f)(2), which requires notice of any final 
agency action regarding a permit to be published in the Federal 
Register. This document being published today in the Federal Register 
constitutes notice of the final Agency action denying review of the PSD 
permit and, consequently, notice of the District's issuance of final 
PSD permit No. 99-AFC-3 to Metcalf Energy Center on May 4, 2001.
    The proposed power plant, located near San Jose, California, will 
have a nominal electrical output of 600 MW and will be fired on natural 
gas. The proposed facility is subject to PSD for Nitrogen Oxides 
(NOX), Carbon Monoxide (CO), Sulfur Dioxide 
(SO2), and Particulate Matter (PM10). The permit 
includes the following Best Available Control Technology (BACT) 
emission limits: NOX at 2.5 ppmvd (based on 1-hour averaging 
at 15% O2); 6 ppmvd CO (based on 3-hour averaging at 15% 
O2); SO at 1.28 pounds per hour or 0.0006 lb/MM BTU of 
natural gas fired; and PM10 at 12 pounds per hour or 0.00565 
lb/MM BTU of natural gas fired when duct burners are in operation. The 
BACT requirements include use of Selective Catalytic Reduction (SCR) 
for the control of NOX emissions and a combination of good 
combustion control and natural gas for the control of CO and 
PM10 emissions. Continuous emission monitoring is required 
for NOX and CO. The facility is also subject to New Source 
Performance Standards, subparts AA and GG, and the Acid Rain program 
under title IV of the Clean Air Act.
    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 document is 
published in the Federal Register. 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: August 20, 2001.
Jack P. Broadbent,
Director, Air Division, Region IX.
[FR Doc. 01-23000 Filed 9-12-01; 8:45 am]
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