[Federal Register Volume 69, Number 220 (Tuesday, November 16, 2004)]
[Notices]
[Page 67144]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25399]


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ENVIRONMENTAL PROTECTION AGENCY

[MN 84; FRL-7838-1]


Notice of Final Determination for Rochester Public Utilities' 
Silver Lake Plant in Rochester, MN

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final action.

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SUMMARY: This notice announces that on August 3, 2004, the 
Environmental Appeals Board (EAB) of the EPA dismissed a petition for 
review of a permit issued for the Rochester Public Utilities' Silver 
Lake Plant (RPU) by the Minnesota Pollution Control Agency (MPCA). The 
EAB dismissed the petition because it determined that MPCA did not need 
to require best available control technology (BACT) for the permitted 
major modification.

DATES: The effective date for the EAB's decision is August 3, 2004. 
Judicial review of this permit decision, to the extent it is available 
pursuant to section 307(b)(1) of the Clean Air Act, 42 U.S.C. 
7607(b)(1), may be sought by filing a petition for review in the United 
States Court of Appeals for the Eighth Circuit within 60 days of 
November 16, 2004.

ADDRESSES: The documents relevant to the above action are available for 
public inspection during normal business hours at the following 
address: EPA, Region 5, 77 West Jackson Boulevard (AR-18J), Chicago, 
Illinois 60604. To arrange viewing of these documents, call Jennifer 
Darrow at (312) 886-6315.

FOR FURTHER INFORMATION CONTACT: Jennifer Darrow, EPA, Region 5, 77 W. 
Jackson Boulevard (AR-18J), Chicago, Illinois 60604 or 
<a href="/cdn-cgi/l/email-protection#0d696c7f7f627a2367686363646b687f4d687d6c236a627b"><span class="__cf_email__" data-cfemail="f2969380809d85dc98979c9c9b949780b2978293dc959d84">[email protected]</span></a>. Anyone who wishes to review the EAB decision 
can obtain it at http://www.epa.gov/eab/disk11/rochester.pdf.

SUPPLEMENTARY INFORMATION: This supplemental information is organized 
as follows:

A. What Action Is EPA Taking?
B. What Is the Background Information?
C. What Did EPA Determine?

A. What Action Is EPA Taking?

    We are notifying the public of a final decision by EPA's EAB on a 
permit issued by MPCA.

B. What Is The Background Information?

    On June 27, 2003, MPCA issued a Prevention of Significant 
Deterioration (PSD) permit (permit number 10900006-007) to RPU to 
construct and operate an underground high-pressure steam line from its 
Silver Lake Plant to the Mayo Clinic's Prospect Utility Plant (Mayo 
Plant). The permit allows RPU to tap into existing steam lines at the 
Silver Lake Plant that currently provide steam for four boilers; and to 
route that steam through a single pipeline to provide steam to the Mayo 
Plant. This change does not alter the boilers themselves, but results 
in annual burning of approximately 73,700 additional tons of coal at 
RPU. MPCA determined that this project would constitute a ``major 
modification'' subject to PSD. MPCA did not require the use of BACT, 
determining that there would not be a modification to an ``emissions 
unit.''
    The Minnesota Center for Environmental Advocacy (MCEA) filed a 
petition for review of this permit with the EAB on July 24, 2003. MCEA 
argued that the term ``emissions unit'' encompasses the steam lines as 
well as the boilers, based on a change to the regulatory definition of 
``emissions unit'' in revisions to the PSD regulations promulgated at 
67 FR 80186 (December 31, 2002). MCEA further argued that MPCA erred by 
not requiring BACT under this revised definition.

C. What Did the EAB Determine?

    On August 3, 2004, the EAB dismissed the petition for review on the 
grounds that the revised PSD regulations did not change the meaning of 
``emissions unit,'' and therefore did not make it necessary for MPCA to 
require BACT.

    Dated: October 26, 2004.
Gary Gulezian,
Acting Regional Administrator, Region 5.
[FR Doc. 04-25399 Filed 11-15-04; 8:45 am]
BILLING CODE 6560-50-P


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