[Federal Register Volume 78, Number 71 (Friday, April 12, 2013)]
[Notices]
[Page 21938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-08697]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-R3-PAL-001; FRL-9801-9]


Notice of Issuance of Final Air Permit; Architect of the 
Capitol--Capitol Power Plant

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final agency action.

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SUMMARY: This action is to provide notice that on January 23, 2013, EPA 
issued a final air permit to the Architect of the Capitol for the 
Capitol Power Plant (CPP). This permit became effective on February 25, 
2013.
    The CPP permit establishes a plantwide applicability limit (PAL) 
for emissions of oxides of nitrogen as an indicator for nitrogen 
dioxide, particulate matter less than or equal to ten micrometers in 
diameter, and greenhouse gases. This action is being taken in 
accordance with EPA's procedures for decision making set forth at 40 
CFR part 124 and the Clean Air Act (CAA).

ADDRESSES: The final permit, EPA's response to public comments, and 
additional supporting information are available at http://www.epa.gov/reg3artd/permitting/capitol_power.html. Copies of the final permit and 
EPA's response to comments are also available for review at the EPA 
Region III office and upon request in writing. EPA requests that you 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section to schedule your inspection. The Regional Office's official 
hours of business are Monday through Friday, 8:30 to 4:30 excluding 
federal holidays.

FOR FURTHER INFORMATION CONTACT: Mike Gordon, (215) 814-2039, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: On August 29, 2012, EPA published a request 
for public comment and notice of a public hearing for the CPP permit in 
the Washington Times. EPA received over 200 comments during the public 
comment period, which ended on October 1, 2012. EPA carefully reviewed 
each of the comments submitted, and after consideration of the 
expressed view of all interested persons, the pertinent federal 
statutes and regulations, the applications and additional material 
relevant to the applications and contained in the administrative 
record, EPA made a decision in accordance with 40 CFR 52.21 and 40 CFR 
part 124 to issue the final PAL permit to CPP. The permit was signed on 
January 23, 2013, and notice of the final permit decision was provided 
in accordance with the requirements of 40 CFR 124.15. The District 
Department of the Environment (DDOE) is also in the process of issuing 
permits to CPP, however, the DDOE's permits are not part of this 
action.
    Under 40 CFR 124.19(f)(2), notice of any final EPA action regarding 
a permit issued under the authority of 40 CFR 52.21 must be published 
in the Federal Register. Section 307(b)(1) of the CAA provides for 
review of any final EPA action in the United States Court of Appeals 
for the appropriate circuit. Such a petition for review of final EPA 
action must be filed within 60 days from the date of notice of such 
action in the Federal Register. For purposes of judicial review under 
the CAA, final EPA action occurs when a final Prevention of Significant 
Deterioration permit is issued or denied by EPA, and EPA review 
procedures are exhausted under 40 CFR 124.19(f)(1).
    Any person who filed comments on the draft CPP permit was provided 
the opportunity to petition the Environmental Appeals Board by February 
25, 2013. No petitions were submitted; therefore the CPP permit became 
effective on February 25, 2013.

    Dated: March 28, 2013.
Diana Esher,
Director, Air Protection Division, Region III.
[FR Doc. 2013-08697 Filed 4-11-13; 8:45 am]
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