Prevention of Significant Deterioration of Air Quality (PSD) Patowmack Power Partners, L.P. Loudoun County, Virginia

ENVIRONMENTAL PROTECTION AGENCY

[FRL-4878-1]

Prevention of Significant Deterioration of Air Quality (PSD)

Patowmack Power Partners, L.P. Loudoun County, Virginia

AGENCY: United States Environmental Protection Agency.

ACTION: Notice of final action.

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SUMMARY: The purpose of this notice is to announce the finalAgency

action regarding the Prevention of SignificantDeterioration (PSD)

permit issued by the Virginia Department of Environmental Quality on

September 15, 1993 to Patowmack Power Partners, L.P. in Loudoun County,

Virginia. Thisdetermination was appealed to the Environmental

Protection Agency (EPA).

DATES: The Environmental Appeals Board of the EPA issued an Order

Denying Review on February 24, 1994.

FOR FURTHER INFORMATION CONTACT: Ms. Eileen M. Glen, Chief, New Source

Review Section, Air Enforcement Branch, Air, Radiation and Toxics

Division, U.S. Environmental Protection Agency, Region III, Mail Code

3AT22, 841 Chestnut Building, Philadelphia, Pennsylvania, 19107, (215)

597-8379.

SUPPLEMENTARY INFORMATION: On October 6, 1993 and October 8, 1993,

petitions were submitted to the Environmental Appeals Board requesting

review of a PSD permit issued to Patowmack Power Partners, L.P. for

construction of a 315-megawatt gas/oil fired electric generating

facility in Loudoun County, Virginia. These petitions were submitted by

Edward A. Mainland and Mary Fraser-Priest, respectively. The PSD permit

was issued by the Virginia Department of Environmental Quality (VDEQ)

on September 15, 1993, pursuant to a delegation of authority from the

EPA, Region III, Philadelphia, Pennsylvania. Because of the delegation,

any PSD permit issued by the VDEQ is an EPA-issued permit for purposes

of Federal law (40 CFR 124.41; 45 FR 33413 (May 19, 1980)), and is

subject to review by the Agency under 40 CFR 124.19 before becoming

final.

The Environmental Appeals Board issued an Order Denying Review of

the permit on February 24, 1994, concluding that review of VDEQ's

permit determination was not warranted and that it met all necessary

requirements of Federal law.

Anyone wishing to review the final permit, petitions, Order Denying

Review, or related materials should contact one of the following

offices:

U.S. Environmental Protection Agency, Region III, Air Enforcement

Branch, New Source Review Section (3AT22), 841 Chestnut Building,

Philadelphia, Pennsylvania 19107.

Virginia Department of Environmental Quality, P.O. Box 10089,

Richmond, Virginia 23240.

Pursuant to 40 CFR 124.19(f)(2), for purposes of judicial review,

final Agency action occurs when a final PSD permit is issued and Agency

review procedures are exhausted. This notice,being published today in

the Federal Register, constitutes notice of the final Agency action

denying review of the PSD permit. If available, judicial review of

these determinations under section 307(b)(1) of the Clean Air Act (Act)

may be sought only bythe 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, this determination shall

not be subject to later judicial review in any civil or criminal

proceedings for enforcement.

Dated: April 15, 1994.

W.T. Wisniewski,

Acting Regional Administrator.

[FR Doc. 94-10054 Filed 4-25-94; 8:45 am]

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