[Federal Register Volume 71, Number 225 (Wednesday, November 22, 2006)]
[Notices]
[Page 67560]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-19785]


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ENVIRONMENTAL PROTECTION AGENCY

[IL228-1; FRL-8245-4]


Notice of Prevention of Significant Deterioration Final 
Determination for Indeck Elwood, LLC

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final action.

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SUMMARY: This notice announces that on September 27, 2006, the 
Environmental Appeals Board (EAB) of the EPA denied in part, and 
remanded in part, a petition for review of a federal Prevention of 
Significant Deterioration (PSD) permit issued to Indeck-Elwood, LLC by 
the Illinois Environmental Protection Agency (IEPA).

DATES: The effective date for the EAB's decision is September 27, 2006. 
Pursuant to Section 307(b)(1) of the Clean Air Act, 42 U.S.C. 
7607(b)(1), judicial review of this permit decision, to the extent it 
is available, may be sought by filing a petition for review in the 
United States Court of Appeals for the Seventh Circuit within 60 days 
of January 22, 2007.

ADDRESSES: The documents relevant to the above action are available for 
public inspection during normal business hours at the following 
address: Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard (AR-18J), Chicago, Illinois 60604. To arrange viewing of 
these documents, call Constantine Blathras at (312) 886-0671.

FOR FURTHER INFORMATION CONTACT: Constantine Blathras, Air and 
Radiation Division, Air Programs Branch, Environmental Protection 
Agency, Region 5, 77 W. Jackson Boulevard (AR-18J), Chicago, Illinois 
60604. Anyone who wishes to review the EAB decision can obtain it at 
http://www.epa.gov/eab/.

SUPPLEMENTARY INFORMATION:

Notification of EAB Final Decision

    The IEPA, acting under authority of a PSD delegation agreement, 
issued a PSD permit to Indeck-Elwood, LLC on October 10, 2003, granting 
approval to construct a coal-fired steam electric generating station in 
Elwood, Will County, Illinois. The American Lung Association of 
Metropolitan Chicago, Citizens Against Ruining the Environment, the 
Clean Air Task Force, Lake County Conservation Alliance, and the Sierra 
Club filed a petition for review with the EAB on November 17, 2003. The 
EAB denied in part, and remanded in part, the petition on September 27, 
2006. The EAB remands the permit on the following issues: The inclusion 
of Source-Wide Condition 9, which allows Indeck Elwood to construct a 
power plant with less capacity than addressed by the permit applicant; 
IEPA's soils and vegetation analysis; the permit's substitution of work 
and operational practices for Best Available Control Technology numeric 
limits during start-up, shut-down, and malfunction events; and the 
permit's particulate matter emissions limits and the absence of a 
limitation for condensable particulate matter. On all other issues, 
review is denied.

    Dated: November 13, 2006.
Jo Lynn Traub,
Acting Regional Administrator, Region 5.
[FR Doc. E6-19785 Filed 11-21-06; 8:45 am]
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