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[Federal Register Volume 81, Number 228 (Monday, November 28, 2016)]
[Notices]
[Page 85560]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28435]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9955-63-Region 9]

Notice of Approval of Clean Air Act Prevention of Significant 
Deterioration Permit for Ocotillo Power Plant

AGENCY: United States Environmental Protection Agency (EPA).

ACTION: Notice of final agency action.

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SUMMARY: This notice announces that the Maricopa County Air Quality 
Department (MCAQD) issued a final permit decision to Arizona Public 
Service (APS) for a major modification of a Clean Air Act Prevention of 
Significant Deterioration (PSD) permit (Permit No. PSD16-01). The PSD 
permit decision authorizes a major modification at the Ocotillo Power 
Plant, located in Tempe, Arizona, primarily for the purposes of 
constructing five simple cycle natural gas-fired combustion turbines, 
including ancillary equipment. The MCAQD is authorized to issue PSD 
permit decisions pursuant to a delegation agreement with the EPA, in 
which the MCAQD ``stands in the shoes'' of the EPA when administering 
certain elements of the PSD permitting program. This MCAQD-issued PSD 
permit decision is considered to be a federally-issued PSD permit 
decision, and serves as a final agency action by the EPA.

DATES: The MCAQD issued a final PSD permit decision for the Ocotillo 
Power Plant on September 9, 2016. The permit became effective on that 
date. Pursuant to section 307(b)(1) of the Clean Air Act, 42 U.S.C. 
7607(b)(1), judicial review of this final 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 November 28, 2016.

ADDRESSES: Documents relevant to the above-referenced permit are 
available for public inspection during normal business hours at the 
following addresses:
    (1) Maricopa County Air Quality Department, 1001 North Central 
Avenue, Suite 124, Phoenix, Arizona 85004. To arrange for viewing of 
these documents, please call (602) 506-6010 or visit online at http://www.maricopa.gov/aq/contact_us/public_records/Default.aspx.
    (2) U.S. Environmental Protection Agency, Region 9, 75 Hawthorne 
Street, San Francisco, California 94105-3901. To arrange for viewing of 
these documents, call Eugene Chen at (415) 947-4304, 
chen.eugene@epa.gov. Due to building security procedures, at least 48 
hours advance notice is required.

FOR FURTHER INFORMATION CONTACT: Eugene Chen, EPA Region 9, (415) 947-
4304, chen.eugene@epa.gov. Anyone who wishes to review the EPA 
Environmental Appeals Board's (EAB) decision described below or 
documents in the EAB's electronic docket for its decision can obtain 
them at http://www.epa.gov/eab/.

NOTICE OF FINAL ACTION AND SUPPLEMENTARY INFORMATION: The MCAQD issued 
a final PSD permit to APS on March 22, 2016, authorizing a major 
modification to the Ocotillo Power Plant. EPA regulations at 40 CFR 
124.19 provided an opportunity for administrative review by the EPA's 
EAB of this initial permit decision.
    The EPA's EAB received one petition for review of the permit, and 
on September 1, 2016, the EAB issued an Order denying the petition for 
review. See In re Arizona Public Service Company Ocotillo Power Plant, 
PSD Appeal No. 16-01 (EAB, September 1, 2016) (Order Denying Review). 
Following the EAB's action, pursuant to 40 CFR 52.21(u) and the MCAQD's 
PSD delegation agreement with the EPA, the MCAQD issued a final permit 
decision on September 9, 2016. All conditions of PSD Permit No. PSD16-
01, as initially issued by the MCAQD on March 22, 2016, were final and 
effective as of September 9, 2016.

    Dated: November 3, 2016.
Elizabeth Adams,
Acting Director, Air Division, Region IX.
[FR Doc. 2016-28435 Filed 11-25-16; 8:45 am]
 BILLING CODE 6560-50-P
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