[Federal Register Volume 68, Number 116 (Tuesday, June 17, 2003)]
[Notices]
[Page 35882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-15258]


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ENVIRONMENTAL PROTECTION AGENCY

[IL217-1;FRL-7513-7]


Notice of Prevention of Significant Deterioration (PSD); Final 
Determination for Kendall New Century Development, Plano, Kendall 
County, IL

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 April 29, 
2003, the Environmental Appeals Board (EAB) of the United States 
Environmental Protection Agency (EPA) dismissed a petition for review 
of certain conditions of a permit issued by the Illinois Environmental 
Protection Agency (IEPA) pursuant to the Prevention of Significant 
Deterioration of Air Quality (PSD) regulations.

DATES: The effective date for the Board's decision is April 29, 2003. 
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 to arrange a visit: IEPA, Bureau of Air, 1021 North Grand 
Avenue East, Springfield, Illinois 62702, at (217) 782-3397.

FOR FURTHER INFORMATION CONTACT: Constantine Blathras (AR-18J), EPA 
Region 5, 77 W. Jackson Boulevard., Chicago, Illinois, 60604 at (312) 
886-0671.

SUPPLEMENTARY INFORMATION: On January 14, 2000, IEPA issued a PSD 
permit to Kendall New Century Development (Kendall). However, Kendall 
did not begin construction of the facility within the 18-month period 
allowed by the PSD regulations. Shortly before the construction period 
expired, on June 28, 2001, Kendall submitted an application for 
extension of the PSD permit for an additional 18-month period. IEPA 
required Kendall to submit a new Best Available Control Technology 
(BACT) demonstration and air quality impact analysis, and it reviewed 
the application as if it were a new PSD permit. IEPA issued the new PSD 
permit on November 27, 2002 (PSD permit number 093801AAN).
    On January 7, 2003, the EAB received an undated petition filed by 
Verena Owen, asking the EAB to review a PSD determination by IEPA. Ms. 
Owen argues (1) that the carbon monoxide (CO) BACT limit of 25 parts 
per million on a dry volume basis (ppmdv) is too high (she contends it 
should be as low as 7.4 ppmdv); (2) that IEPA improperly eliminated use 
of a catalyst as BACT for CO; (3) that the CO BACT limit should take 
into account the size and magnitude of this facility; and (4) that IEPA 
should have processed the permit as a request for an extension of 
Kendall's previous PSD permit, rather than as a new permit application.
    On April 29, 2003, the EAB denied the petition for review on the 
grounds that: (1) The reasons stated in general terms in IEPA's 
response to comments are not clearly erroneous nor otherwise warrant 
review; (2) the issues were not raised during the public comment 
period; and (3) the plaintiff had not shown clear error in IEPA's 
decision.

    Dated: June 6, 2003.
Bharat Mathur,
Acting Regional Administrator, Region 5.
[FR Doc. 03-15258 Filed 6-16-03; 8:45 am]
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