[Federal Register Volume 71, Number 67 (Friday, April 7, 2006)]
[Notices]
[Pages 17844-17845]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-5109]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-8055-9]
Notice of Prevention of Significant Deterioration Final
Determination for Wanapa Energy Center
AGENCY: Environmental Protection Agency (``EPA'').
ACTION: Notice of final action.
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SUMMARY: This document announces that on February 9, 2006, the
Environmental Appeals Board (``EAB'') of EPA denied review of a
petition for review of a Prevention of Significant Deterioration
(``PSD'') permit (``Permit'') that EPA Region 10 issued to Diamond
Wanapa I, L.P. (``Diamond'') for construction and operation of the
Wanapa Energy Center (``Facility''), a natural gas-fired combined cycle
electric generating facility. The Permit was issued pursuant to 40 CFR
52.21.
DATES: The effective date of the EAB's decision was February 9, 2006.
Judicial review of this permit decision, to the extent it is available
pursuant to section 307(b)(1) of the Clean Air Act (``CAA''), may be
sought by filing a petition for review in the United States Court of
Appeals for the Ninth Circuit within 60 days of April 7, 2006.
ADDRESSES: The documents relevant to the above action are available for
public inspection during normal business hours at the following
address: EPA, Region 10, 1200 Sixth Avenue (AWT-107), Seattle,
Washington 98101. To arrange viewing of these documents, call Dan Meyer
at (206) 553-4150.
FOR FURTHER INFORMATION CONTACT: Dan Meyer, EPA, Region 10, 1200 Sixth
Avenue (AWT-107), Seattle, Washington 98101.
SUPPLEMENTARY INFORMATION: This supplementary information is organized
as follows:
A. What Action Is EPA Taking?
B. What Is the Background Information?
C. What Did the EAB Decide?
A. What Action Is EPA Taking?
We are notifying the public of a final decision by the EAB on the
Permit issued by EPA Region 10 pursuant to the PSD regulations found at
40 CFR 52.21.
B. What Is the Background Information?
The Facility will be a 1200-megawatt natural gas-fired, combined
cycle electric generating facility located near Umatilla, Oregon on
land held in trust by the federal government for the benefit of the
Confederated Tribes of the Umatilla Indian Reservation. The Facility
will combust natural gas and will employ selective catalytic reduction
(SCR) and an oxidation catalyst to reduce emissions.
On November 23, 2004, EPA Region 10 issued the draft PSD permit for
public review and comment. On August 8, 2005, after providing an
opportunity for public comment and a public hearing, EPA Region 10
approved the Permit. On September 9, 2005, Mr. K.E.
[[Page 17845]]
Thompson (``Petitioner'') petitioned the EAB for review of the Permit.
C. What Did the EAB Decide?
Petitioner, acting pro se, raised the following issues on appeal:
(1) EPA Region 10 failed to address the human health or environmental
effects of the proposed facility on ``both majority and minority
populations''; (2) EPA Region 10 improperly treated emission from
nonroad heavy duty diesel engines differently than emission from power
plants such as the Facility; (3) Region 10 failed to perform a
cumulative impact analysis; (4) EPA Region 10 improperly considered
meteorological data from Spokane and Walla Walla, Washington; (5) EPA
Region 10 should have treated the airshed around the proposed Facility
in the same manner as a Class I or Class II wilderness or scenic area;
(6) EPA Region 10 did not consider a Bonneville Power Administration
(BPA) study of regional air quality; (7) EPA Region 10 erred in
establishing the Permit's volatile organic compound (VOC) emissions
limitation; and (8) EPA Region 10 erred by failing to include permit
conditions addressing emissions from nonroad heavy-duty diesel engines
that will be used during construction of the proposed Facility.
The EAB denied review of the following four issues because these
issues were not raised during the public comment period on the draft
Permit or during the public hearing on the draft Permit: (1) EPA Region
10 failed to address the human health or environmental effects of the
proposed facility on ``both majority and minority populations''; (2)
EPA Region 10 did not consider a BPA study of regional air quality; (3)
EPA Region 10 erred in establishing the Permit's VOC emissions
limitation; and (4) EPA Region 10 erred by failing to include permit
conditions addressing emissions from nonroad heavy-duty diesel engines
that will be used during construction of the proposed Facility.
Moreover, the EAB found that, even if these four issues had been
preserved for review, Petitioner failed to demonstrate that EPA Region
10's permit determination was clearly erroneous or otherwise warranted
review.
The EAB denied review of the following four remaining issues
because the Petitioner failed to demonstrate why the Region's response
to public comments was clearly erroneous or otherwise warrants review:
(1) EPA Region 10 improperly treated emission from nonroad heavy duty
diesel engines differently than emission from power plants such as the
Facility; (2) Region 10 failed to perform a cumulative impact analysis;
(3) EPA Region 10 improperly considered meteorological data from
Spokane and Walla Walla, Washington; and (4) EPA Region 10 should have
treated the airshed around the proposed Facility in the same manner as
a Class I or Class II wilderness or scenic area. For these reasons, the
EAB denied review of the petition for review in its entirety.
Pursuant to 40 CFR 124.19(f)(1), for purposes of judicial review,
final agency action occurs when a final PSD permit is issued and agency
review procedures are exhausted. This notice is being published
pursuant to 40 CFR 124.19(f)(2), which requires notice of any final
agency action regarding a PSD permit to be published in the Federal
Register. This notice constitutes notice of the final agency action
denying review of the PSD Permit and, consequently, notice of the EPA
Region 10's issuance of PSD Permit No. R10PSD-OR-05-01 to Diamond. If
available, judicial review of these determinations under section
307(b)(1) of the CAA may be sought only by the filing of a petition for
review in the United States Court of Appeals for the Ninth Circuit,
within 60 days from the date on which this notice is published in the
Federal Register. Under section 307(b)(2) of the Clean Air Act, this
determination shall not be subject to later judicial review in any
civil or criminal proceedings for enforcement.
Dated: March 1, 2006.
L. Michael Bogert,
Regional Administrator, Region 10.
[FR Doc. E6-5109 Filed 4-6-06; 8:45 am]
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