Acid Rain Program; Notice of Final Permits

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and were subsequently withdrawn and re-proposed as draft permits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, (312) 886-0968; in Indiana, Genevieve

Nearmyer, (312) 353-4761; in Minnesota, Allan Batka, (312) 886-7316;

and in Ohio, Franklin Echevarria, (312) 886-9653.

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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