Air quality; prevention of significant deterioration (PSD): Permit determinations, etc.— West Suburban Recycling & Energy Center, L.P, IL; permit denied,

[Federal Register: July 13, 1999 (Volume 64, Number 133)]

[Notices]

[Page 37772-37773]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr13jy99-101]

ENVIRONMENTAL PROTECTION AGENCY

[IL 192;FRL-6377-2]

Final Determination for Prevention of Significant Deterioration Air Quality Permit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final action.

SUMMARY: The purpose of this document is to announce that on March 10, 1999, the EPA Environmental Appeals Board (EAB) issued a Remand Order finding that the West Suburban Recycling and

[[Page 37773]]

Energy Center, L.P. (WSREC), in the Village of Summit, Illinois, had failed to establish that the incinerator described in its prevention of significant deterioration (PSD) permit application is still viable, and concluded that no PSD permit to construct should be issued to WSREC under these circumstances. The EAB remanded the matter to the Illinois Environmental Protection Agency (Illinois EPA) to issue a final permit decision denying the federal PSD permit. On April 22, 1999, the Illinois EPA denied the WSREC application for a federal PSD permit.

DATES: Judicial review of the PSD permit denial is available pursuant to 307(b)(1) of the Clean Air Act and only by filing a petition for review in the United States Court of Appeals for the Seventh Circuit by September 13, 1999.

ADDRESSES: Documents relevant to the above action are available for public inspection during normal business hours at the following addresses:

Illinois Environmental Protection Agency, Bureau of Air, Permit Section, 1021 N. Grand Ave. East, Springfield, Illinois 62794 United States Environmental Protection Agency, Region 5, 77 West Jackson Blvd. (AR-18J), Chicago, IL 60604

FOR FURTHER INFORMATION CONTACT: Mr. Steve Marquardt, United States Environmental Protection Agency, Region 5, 77 West Jackson (AR-18J), Chicago, Illinois 60604. (312) 353-3214.

SUPPLEMENTARY INFORMATION: On November 4, 1998 the EAB issued an Order to Show Cause Why Appeal Should Not Be Dismissed As Moot (``Show Cause Order'') in this case. The Show Cause Order directed the permittee/ petitioner, WSREC, to ``affirm that it is presently committed to construct the resource recovery facility'' that is the subject of this appeal. Show Cause Order at 7. In particular, WSREC was to ``demonstrate that it has the means to obtain control over the properties identified in its site plan for purposes of construction.''. Id. At 8. The purpose of the Show Cause Order was to give WSREC an opportunity to defend against the dismissal of this appeal on the ground that ``WSREC does not intend, or is unable, to construct the facility identified in its permit application.'' Id.

In light of WSREC's failure to affirm that it intends to construct the facility described in its PSD permit application and the evidence of property transfers covering the proposed project site, the EAB concluded that there is no realistic prospect that construction will commence within the regulatory time frame specified in 40 CFR 52.21(r). Further, the EAB found that WSREC failed to show cause why this appeal should not be dismissed as moot. The appeal was dismissed by the EAB and the matter was remanded to the Illinois EPA for the purpose of issuing a final permit decision denying the permit. The EAB instructed that the Illinois EPA's final decision shall be considered final agency action for the purposes of judicial review.

Dated: June 23, 1999 Jerri-anne Garl, Acting Regional Administrator, Region 5.

[FR Doc. 99-17770Filed7-12-99; 8:45 am]

BILLING CODE 6560-50-P