Prevention of Significant Deterioration of Air Quality (PSD); SEI Birchwood, Inc., King George County, VA

ENVIRONMENTAL PROTECTION AGENCY

[FRL-4851-7]

Prevention of Significant Deterioration of Air Quality (PSD); SEI

Birchwood, Inc., King George County, VA

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 final Agency

action regarding the Prevention of Significant Deterioration (PSD)

permit issued by the Virginia Department of Environmental Quality on

August 23, 1993 to SEI Birchwood, Inc. in King George County, Virginia,

This determination was appealed to the Environmental Protection Agency

(EPA).

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

Denying Review on January 27, 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 September 24, 1993 and September 29,

1993, petitions were submitted to the Environmental Appeals Board

requesting review of a PSD permit issued to SEI Birchwood, Inc. (SEI)

for construction of a 220-megawatt coal-fired electric generating

facility in King George County, Virginia. These petitions were

submitted by Sarah Nasta and Citizens for Sensible Power (CSP),

respectively. The PSD permit was issued by the Virginia Department of

Environmental Quality (VDEQ) on August 23, 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 January 27, 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 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, this determination shall

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

proceedings for enforcement.

Dated: March 4, 1994.

Elaine B. Wright,

Acting Regional Administrator.

[FR Doc. 94-6155 Filed 3-16-94; 8:45 am]

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