Rules and Regulations. Final Action
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/register/2011/09/09/2011-22834A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
BILLING CODE 7710-12-P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [FRL-9460-3] Approval of Clean Air Act Prevention of Significant Deterioration Permit Issued to Avenal Power Center, LLC To Construct the Avenal Energy Project AGENCY: Environmental Protection Agency (EPA). ACTION: Final Action. SUMMARY: This document announces that EPA has issued a final permit decision granting the Clean Air Act Prevention of Significant Deterioration
(PSD)permit application submitted by Avenal Power Center, LLC to authorize construction of the Avenal Energy Project. DATES: The EPA's PSD permit for the Avenal Energy Project became effective and final agency action on August 18, 2011, when administrative review procedures were exhausted. Pursuant to section 307(b)(1) of the Clean Air Act, 42 U.S.C. 7607(b)(1), judicial review of this permit decision, to the extent it is available, may be sought by filing a petition for review in the United States Court of Appeals for the Ninth Circuit within 60 days of September 9, 2011. ADDRESSES: The documents relevant to the above-referenced action are available for public inspection during normal business hours at the following address: U.S. Environmental Protection Agency, Region 9, 75 Hawthorne St., San Francisco, CA 94105. To arrange for viewing of these documents, call Shirley Rivera at
(415)972-3966. FOR FURTHER INFORMATION CONTACT: Shirley Rivera, Air Division, U.S. Environmental Protection Agency, Region 9, 75 Hawthorne St., San Francisco, CA 94105. The EPA Environmental Appeals Board
(EAB)decision described below is available at the following Web site: *http://www.epa.gov/eab/.* SUPPLEMENTARY INFORMATION: The EPA issued a PSD permit on May 27, 2011, to Avenal Power Center, LLC for the Avenal Energy Project, granting approval to construct a new 600-megawatt natural gas-fired combined-cycle power plant in Kings County, California. The EPA issued an administrative amendment to the permit on June 21, 2011, to correct typographical errors. The EPA's Environmental Appeals Board
(EAB)received four petitions for review of the permit from the following entities within 30 days of the EPA's service of notice of the issuance of the permit:
(1)El Pueblo Para El Aire y Agua Limpio;
(2)Greenaction for Health & Environmental Justice;
(3)Sierra Club and Center for Biological Diversity; and
(4)Mr. Rob Simpson. The EAB denied review of these petitions on August 18, 2011. All conditions of the Avenal Power Center, LLC permit for the Avenal Energy Project, as amended on June 21, 2011, are final and effective. Pursuant to 40 CFR 124.19(f)(1), final agency action by EPA has occurred because of the exhaustion of the agency review procedures before the EAB. The EPA Administrator has delegated authority to the EAB to issue final decisions in PSD permit appeals filed under 40 CFR part 124. 40 CFR 124.2(a). Dated: August 31, 2011. Gina McCarthy, Assistant Administrator. Office of Air and Radiation. [FR Doc. 2011-22834 Filed 9-8-11; 8:45 am]
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- 40 CFR 52
- 40 CFR 124.19(f)(1)
- 40 CFR 124
- 40 CFR 124.2(a)
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