[Federal Register Volume 66, Number 187 (Wednesday, September 26, 2001)]
[Notices]
[Page 49178]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-24062]



[[Page 49178]]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7065-6]


Notice of Prevention of Significant Deterioration Final 
Determination for Chehalis Generating Facility

AGENCY: Environmental Protection Agency (``EPA'')

ACTION: Notice of Final Action

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SUMMARY: This document announces that on August 20, 2001, the 
Environmental Appeals Board (``EAB'') of EPA denied a petition for 
review of a permit issued for the Chehalis Generating Facility by EPA, 
Region 10 and the State of Washington's Energy Facility Site Evaluation 
Council (``EFSEC'') pursuant to EPA's Prevention of Significant 
Deterioration of Air Quality (``PSD'') regulations, under 40 CFR 52.21.

DATES: The effective date for the EAB's decision is August 20, 2001. 
Judicial review of this permit decision, to the extent it is available 
pursuant to section 307(b)(1) of the Clean Air Act (``CAA''), may be 
sought by filing a petition for review in the United States Court of 
Appeals for the Ninth Circuit within 60 days of September 26, 2001.

ADDRESSES: The documents relevant to the above action are available for 
public inspection during normal business hours at the following 
address: EPA, Region 10, 1200 Sixth Avenue, Seattle, Washington 98101. 
To arrange viewing of these documents, call Daniel Meyer at (206) 553-
4150.

FOR FURTHER INFORMATION CONTACT: Daniel Meyer, EPA, Region 10, 1200 
Sixth Avenue (OAQ-107), Seattle, Washington, 98101.

SUPPLEMENTARY INFORMATION: This supplemental information is organized 
as follows:

    A. What Action is EPA Taking?
    B. What is the Background Information?
    C. What did the EAB Decide?

A. What Action Is EPA Taking?

    We are notifying the public of a final decision by EPA's EAB on a 
permit issued by EPA Region 10 and EFSEC (``permitting authorities'') 
pursuant to the PSD regulations found at 40 CFR 52.21.

B. What Is the Background Information?

    In 1997, the permitting authorities jointly issued a PSD permit 
pursuant to Section 165 of the CAA, 42 U.S.C. 7475, 40 CFR 52.21, and 
the terms and conditions of EFSEC's delegation of authority from EPA 
Region 10 under 40 CFR 52.21(u), for what ultimately will be a 520-
megawatt electric power generation facility. The facility is subject to 
PSD for nitrogen oxides (`` NOX''), carbon monoxide 
(``CO''), volatile organic compounds (``VOC''), and particulate matter 
(``PM''). The original PSD permit required installation of Best 
Available Control Technology (``BACT'') which was determined to be 
advanced dry-low NOX combuster technology and included a 
short-term emission limit for NOX of 9.9 parts per million 
dry volume (``ppmdv''). In November, 1998, the permitting authorities 
jointly extended the original PSD permit. The extension authorized 
Chehalis Power to commence construction by no later than June 18, 2000. 
On May 18, 2000, EFSEC published a notice informing the public of a 
proposed permit amendment for the Chehalis Generating Facility. In 
March, 2001, EPA Region 10 and Chehalis Power signed an administrative 
order on consent that required Chehalis Power to request additional 
revisions to its PSD permit, including the installation of select 
catalytic reduction (``SCR'') to control NOX emissions, as 
well as a reduction in both annual and short-term NOX 
emissions. The permitting authorities approved an amended PSD permit in 
April, 2001, reflecting these changes. Subsequent to issuance of the 
PSD permit amendment, REBOUND (``Petitioner''), which represents the 
Seattle/King County Building & Construction Trades Council, filed a 
petition challenging the PSD permit amendment.

C. What Did the EAB Decide?

    On August 20, 2001, the EAB denied review of the petition because 
Petitioner failed to show clear error or other reason for the EAB to 
grant review with respect to: (1) the permitting authorities' 
determination that no new BACT analysis was required for 
NOX, CO, VOC, or PM, in light of Chehalis Power's agreement 
to install SCR and to reduce its short-term emission limit for 
NOX from 9.9 to 3 ppmdv with 10ppmdv ammonia slip; (2) the 
permitting authorities' decision not to reopen the public comment 
period in order to allow for comment on changes made to the amended PSD 
permit relating to startup and shutdown NOX emissions and 
ammonia emissions, because Petitioner had previously commented on 
startup and shutdown NOX emissions and ammonia emissions; 
and (3) EFSEC's failure to include a description of appeal rights in 
the amended PSD permit as mandated by the 1992 delegation of authority 
from EPA Region 10 to EFSEC, because Petitioner did not properly 
preserve this issue for review. The EAB did not address the merits of 
Petitioner's claim that Chehalis Power had not commenced construction 
within 18 months of receiving its PSD permit extension because 
Petitioner did not address any of the specific factors discussed in 
EFSEC's response to comments explaining its commencement of 
construction determination.
    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 notice 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 notice 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 permitting authorities' 
issuance of an amended PSD permit No. EFSEC/95-02 Amendment 1 to 
Chehalis Power. 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 
Ninth 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 any 
civil or criminal proceedings for enforcement.

    Dated: September 17, 2001.
Ronald A. Kreizenbeck,
Acting Regional Administrator, Region 10.
[FR Doc. 01-24062 Filed 9-25-01; 8:45 am]
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