Air quality; prevention of significant deterioration (PSD): Permit determinations, etc.— Milford Power Plant, CT,

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Federal Register: November 10, 1999 (Volume 64, Number 217)NoticesPage 61332From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr10no99-76

ENVIRONMENTAL PROTECTION AGENCY

FRL-6473-5Prevention of Significant Deterioration of Air Quality (PSD) Final Determination

AGENCY: Environmental Protection Agency.

ACTION: Notice of final action.

SUMMARY: The purpose of this notice is to announce that, on October 18, 1999, the U.S. Environmental Protection Agency (EPA) Environmental Appeals Board (Board) dismissed an appeal of a permit issued for the Milford Power Plant by the Connecticut Department of Environmental Protection (CT-DEP) pursuant to the Prevention of Significant Deterioration of Air Quality (PSD) regulations in the Connecticut State Implementation Plan (SIP).

DATES: The effective date for the Board's decision is October 18, 1999.

FOR FURTHER INFORMATION CONTACT: Jonathan Averback, Office of Regional Counsel, U.S. EPA Region 1, One Congress St.--Suite 1100, Boston, MA, 02114, 617-918-1078.

SUPPLEMENTARY INFORMATION: On April 16, 1999, CT-DEP issued CT PSD Permit Numbers 105-0068 and 105-0069 to PDC--El Paso Milford, L.L.C. for the construction of a new power plant in Milford, CT. On May 17, 1999, Goal Line Environmental Technologies, L.L.C. (Goal Line) petitioned the Board to review these permits. The substance of Goal Line's petition was to challenge portions of the permit that were issued under an approved PSD program incorporated into the SIP for Connecticut at 40 CFR 52.370(c)(56). On October 18, 1999, the Board dismissed the petition of Goal Line due to lack of jurisdiction (see In re: Milford Power Plant, PSD Appeal No. 99-2).

The effective date of the permit is determined by Connecticut state law because the permit was issued by the State under its SIP-approved program. The effective date for the Board's decision is October 18, 1999. If available pursuant to the Consolidated Permit Regulations (40 CFR 124), judicial review of this determination under Section 307(b)(1) of the Clean Air Act (the Act) may be sought only by the filing of a petition for review in the United States Court of Appeals for the appropriate circuit within 60 days from the date on which this determination is published in the Federal Register. Under Section 307(b)(2) of the Act, these determinations shall not be subject to later judicial review in civil or criminal proceedings for enforcement.

Dated: November 2, 1999. John P. DeVillars, Regional Administrator, Region I.

FR Doc. 99-29448Filed11-9-99; 8:45 amBILLING CODE 6560-50-P

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