94-29151. Acid Rain Program; Notice of Final Permits

[Federal Register Volume 59, Number 227 (Monday, November 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-29151]


[Federal Register: November 28, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5113-3]


Acid Rain Program; Notice of Final Permits

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of permits.

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SUMMARY: The U.S. Environmental Protection Agency (EPA) is approving 5-
year sulfur dioxide compliance plans, according to the Acid Rain 
Program regulations (40 CFR part 72), for the following 15 utility 
plants: Collins, Crawford, Fisk, Joliet 9, Joliet 29, Powerton, 
Waukegan and Will County in Illinois; Petersburg and State Line in 
Indiana; Allen S King, Black Dog in Minnesota, High Bridge, Riverside, 
and Sherburne County in Minnesota; and Poston in Ohio.
    These final permits were initially issued as direct final actions 
and were subsequently withdrawn and re-proposed as draft permits 
because of the submission of significant, adverse comments objecting to 
the issuance of the direct final permits. EPA's responses to the 
original objections and to all comments submitted during the comment 
periods for these permits can be found in the public dockets for each 
permit. Contact the Regional staff listed below for more information.
    The final permits set forth in this notice are based on and are 
consistent with the Partial Settlement Agreement in Environmental 
Defense Fund v. Carol M. Browner, No. 93-1203 (D.C. Cir. 1993), which 
the Administrator determined to be a reasonable resolution of certain 
litigation issues concerning the Acid Rain regulations and which was 
signed on behalf of the Administrator on May 4, 1994. Further, the 
final permit for Petersburg is also consistent with provisions in 
Sec. 72.42 of the Acid Rain regulations that have been challenged in a 
petition for review. Pursuant to the delegation of authority from the 
Administrator, it has been found, under section 307(b)(1) of the Clean 
Air Act, that each of these permits is based on a determination of 
nationwide scope and effect. Consequently, under section 307(b)(1), 
petitions for judicial review of final agency action in these 
proceedings must be filed in the United States Court of Appeals for the 
District of Columbia Circuit within 60 days after the date that a 
notice of the final agency action is published in the Federal Register. 
Filing a petition for reconsideration of the Administrator of the final 
agency action does not affect the finality of the action for the 
purposes of judicial review, extend the time within which a petition 
for judicial review may be filed, or postpone the effectiveness of the 
action. Under section 307(b)(2) of the Act, the final agency action may 
not be challenged later in proceedings to enforce its requirements.

FOR FURTHER INFORMATION:  Contact the following persons for more 
information about a permit listed in this notice: For plants in 
Illinois, Cecilia Mijares, [phone]; in Indiana, Genevieve 
Nearmyer, [phone]; in Minnesota, Allan Batka, [phone]; 
and in Ohio, Franklin Echevarria, [phone].

ADDRESS: EPA Region 5, Air and Radiation Division, 77 West Jackson 
Boulevard, Chicago, Illinois, 60604.

    Dated: November 14, 1994.
Brian J. McLean,
Director, Acid Rain Division, Office of Atmospheric Programs, Office of 
Air and Radiation.
[FR Doc. 94-29151 Filed 11-25-94; 8:45 am]
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