[Federal Register Volume 74, Number 189 (Thursday, October 1, 2009)]
[Notices]
[Pages 50794-50795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-23634]


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ENVIRONMENTAL PROTECTION AGENCY

[A-1-FRL-8964-3]


Notice of Prevention of Significant Deterioration; Final 
Determination for Dominion Energy Brayton Point, Somerset, MA

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final action.

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SUMMARY: This notice announces that on May 13, 2009, the Environmental 
Appeals Board (``EAB'') of EPA denied review of the petition for review 
of a Prevention of Significant Deterioration (``PSD'') permit 
(``Permit'') that EPA New England issued to Dominion Energy Brayton 
Point, LLC (``Dominion''). The Permit was issued pursuant to the PSD 
regulations under 40 CFR 52.21.

DATES: The effective date of the EAB's decision, and the Permit, is May 
13, 2009. Pursuant to Section 307(b)(1) of the Clean Air Act (``CAA''), 
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 First Circuit within 
November 30, 2009.

ADDRESSES: The relevant documents for the Permit are available for 
public inspection during normal business hours at the following 
address: U.S. Environmental Protection Agency, EPA New England Regional 
Office, One Congress Street, Boston, MA 02114-2023. To arrange viewing 
of these documents, contact Donald Dahl at (617) 918-1657 or 
[email protected]. The Permit is also available at http://www.epa.gov/NE/communities/pdf/braytonpoint/CoolingTowerPermit.pdf.

FOR FURTHER INFORMATION CONTACT: Donald Dahl, U.S. Environmental 
Protection Agency, EPA New England Regional Office, One Congress 
Street, Suite 1100 (mail code CAP), Boston, MA 02114-2023.

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and 
``our'' refer to EPA.

I. What Action Is EPA Taking?
II. What Is the Background Information?
III. What Did the EAB Decide?

I. What Action Is EPA Taking?

    We are notifying the public of a final decision by the EAB on the 
Permit issued by EPA New England pursuant to the PSD regulations found 
at 40 CFR 52.21.

II. What Is the Background Information?

    Dominion operates an existing coal-fired electric generating 
station in Somerset, Massachusetts. In March 2003, Massachusetts ended 
its agreement with EPA to implement the PSD program. Based on this 
action and since Massachusetts did not subsequently request PSD 
delegation, EPA is currently the PSD permitting authority within 
Massachusetts.
    Dominion submitted a PSD application to EPA New England requesting 
approval to construct and operate two new cooling water towers at its 
facility in Somerset, Massachusetts. After consideration of the PSD 
application, EPA New England issued the draft Permit on January 28, 
2009, for public review and comment. On April 2, 2009, after providing 
an opportunity for public comment and a public hearing on March 2, 
2009, EPA issued the final Permit. The Permit limits particulate matter 
of 10 microns or less in size and particulate matter of 2.5 microns or 
less in size from each cooling water towers to 1,066 pounds per day. 
Subsequent to the issuance of the revised Permit, the EAB received a 
petition requesting review of the Permit. The EAB denied review of the 
petition.

III. What Did the EAB Decide?

    The petition, which was filed by Bristol County Broadcasting, 
Incorporated, argued that the cooling water towers would have a 
significant adverse affect on the petitioner's AM radio transmissions. 
The EAB denied review of this petition on two points. First, the 
petition did not challenge any provision of the Permit governing air 
emissions of regulated pollutants. Second, the petitioner did not 
participate in the permitting process during the public comment period 
for the Permit. Readers interested in more detail on the appeal issues 
raised by the petitioner and the reasons for the EAB's denial of review 
may download EAB's Order Denying Review from the EAB Web site at http://www.epa.gov/eab.
    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

[[Page 50795]]

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 PSD permit to be published in the Federal Register. This 
notice constitutes notice of the final agency action denying review of 
the revised Permit and, consequently, notice of EPA New England's 
issuance of the Permit (PSD Permit No. 052-120-MA14) to Dominion. 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 First Circuit, 
within 60 days from the date on which this notice is published in the 
Federal Register. Under section 307(b)(2) of the CAA, this 
determination shall not be subject to later judicial review in any 
civil or criminal proceedings for enforcement.

    Dated: August 5, 2009.
Ira W. Leighton,
Acting Regional Administrator, EPA New England.
[FR Doc. E9-23634 Filed 9-30-09; 8:45 am]
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