Notice of Prevention of Significant Deterioration Final Determination for Newmont Nevada Energy Investment, 38880 [E6-10742]

Download as PDF sroberts on PROD1PC70 with NOTICES 38880 Federal Register / Vol. 71, No. 131 / Monday, July 10, 2006 / Notices denied in the United States Court of Appeals for the appropriate circuit. Any petition for review shall be filed within 60 days from the date this notice appears in the Federal Register, pursuant to section 307 of the Act. ADDRESSES: You may review copies of the final order, the petition, and all relevant information at the EPA Region 2 Office, 290 Broadway, New York, New York 10007–1866. If you wish to examine these documents, you should make an appointment at least 24 hours before visiting day. Additionally, the final order for CCP is available electronically at: https://www.epa.gov/ region07/programs/artd/air/title5/ petitiondb/petitiondb2005.htm. FOR FURTHER INFORMATION CONTACT: Steven Riva, Chief, Permitting Section, Air Programs Branch, Division of Environmental Planning and Protection, EPA, Region 2, 290 Broadway, 25th Floor, New York, New York 10007– 1866, telephone (212) 637–4074. SUPPLEMENTARY INFORMATION: The Act affords EPA a 45-day period to review, and object to as appropriate, operating permits proposed by State permitting authorities. Section 505(b)(2) of the Act authorizes any person to petition the EPA Administrator within 60 days after the expiration of this review period to object to State operating permits if EPA has not done so. Petitions must be based only on objections to the permit that were raised with reasonable specificity during the public comment period provided by the State, unless the petitioner demonstrates that it was impracticable to raise these issues during the comment period or the grounds for the issues arose after this period. On October 26, 2005, the EPA received a petition from Petitioners, requesting that EPA object to the issuance of the title V operating permit for the CCP based on the following allegations: (1) The permit lacks a statement of basis; (2) the permit fails to include a compliance schedule; (3) CCP’s past violations are not properly addressed through permit enforcement action and in the permitting process; (4) the permit needs additional monitoring, recordkeeping and reporting provisions; (5) the permit failed to adequately limit emissions of particulate matter; and (6) the permit failed to enforce environmental justice requirements. On May 25, 2006, the Administrator issued an order partially granting and partially denying the petition on CCP. The order explains the reasons behind EPA’s conclusion that the NJDEP must re-issue the permit to include annual tune-up requirements for the turbine. VerDate Aug<31>2005 17:10 Jul 07, 2006 Jkt 208001 The order also explains the reasons for denying Petitioners’ remaining claims. Dated: June 15, 2006. Alan J. Steinberg, Regional Administrator, Region 2. [FR Doc. E6–10735 Filed 7–7–06; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [FRL–8191–1] Notice of Prevention of Significant Deterioration Final Determination for Newmont Nevada Energy Investment Environmental Protection Agency (‘‘EPA’’). ACTION: Notice of Final Action; correction. AGENCY: SUMMARY: This document corrects information published in the Federal Register on May 5, 2006 concerning the issuance of a Prevention of Significant Deterioration (‘‘PSD’’) permit for Newmont Nevada Energy Investment, LLC (‘‘Newmont’’). We are also providing additional information regarding the issuance of the permit, as well as the denial of review of the permit by EPA’s Environmental Appeals Board (‘‘EAB’’), that was not published in our May 5, 2006 Federal Register notice. FOR FURTHER INFORMATION CONTACT: Copies of the permit are available for public inspection and can be obtained by contacting: Roger Kohn (AIR–3), U.S. Environmental Protection Agency, Region 9, 75 Hawthorne Street, San Francisco, CA 94105. (415) 972–3973. email: kohn.roger@epa.gov. Readers interested in more detail on the appeal issues raised by the petitioner and the reasons for the EAB’s denial of review may download EAB’s Order Denying Review from the EAB Web site: https://yosemite.epa.gov/oa/ EAB_Web_Docket.nsf/ PSD+Permit+Appeals+ (CAA)?OpenView. Notification of EAB Final Decision The Nevada Department of Conservation and Natural Resources, Division of Environmental Protection, acting under authority of a PSD delegation agreement, issued a PSD permit to Newmont on May 5, 2005, granting approval to construct the TS Power Plant, a 200 megawatt pulverized coal-fired boiler plant to be located near Dunphy, NV. The Association for Clean Energy (‘‘ACE’’) filed a petition for review with the EAB on June 3, 2005. The EAB denied review of the petition PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 on December 21, 2005. The permit became effective on December 21, 2005, not on June 4, 2005 as stated in our May 5, 2006 Federal Register notice. Judicial review of the 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 our May 5, 2006 Federal Register notice. Dated: June 23, 2006. Deborah Jordan, Director, Air Division, Region 9. [FR Doc. E6–10742 Filed 7–7–06; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [FRL–8192–2] Availability of Fiscal Year 2005 Grantee Performance Evaluation Reports for Iowa, Kansas, Nebraska, and the Unified Government of Wyandotte County, KS Environmental Protection Agency (EPA). ACTION: Notice of availability of Clean Air Act, section 105 grantee performance evaluation reports. AGENCY: SUMMARY: EPA’s grant regulations (40 CFR 35.115) require the Agency to evaluate the performance of agencies which receive grants. EPA’s regulations for regional consistency (40 CFR 56.7) require that the Agency notify the public of the availability of the reports of such evaluation. EPA performed endof-year evaluations of three state air pollution control programs (Iowa Department of Natural Resources; Kansas Department of Health and Environment; Nebraska Department of Environmental Quality); and one local air pollution control program (Unified Government of Wyandotte County, Kansas). These evaluations were conducted to assess the agencies’ performance under the grants awarded by EPA under authority of section 105 of the Clean Air Act. ADDRESSES: Copies of the evaluation reports are available for public inspection at EPA’s Region 7 office, 901 North 5th Street, Kansas City, Kansas 66101, in the Air Planning and Development Branch of the Air, RCRA and Toxics Division. FOR FURTHER INFORMATION CONTACT: Evelyn VanGoethem, (913) 551–7659, or by e-mail at vangoethem.evelyn@epa.gov. E:\FR\FM\10JYN1.SGM 10JYN1

Agencies

[Federal Register Volume 71, Number 131 (Monday, July 10, 2006)]
[Notices]
[Page 38880]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-10742]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8191-1]


Notice of Prevention of Significant Deterioration Final 
Determination for Newmont Nevada Energy Investment

AGENCY: Environmental Protection Agency (``EPA'').

ACTION: Notice of Final Action; correction.

-----------------------------------------------------------------------

SUMMARY: This document corrects information published in the Federal 
Register on May 5, 2006 concerning the issuance of a Prevention of 
Significant Deterioration (``PSD'') permit for Newmont Nevada Energy 
Investment, LLC (``Newmont''). We are also providing additional 
information regarding the issuance of the permit, as well as the denial 
of review of the permit by EPA's Environmental Appeals Board (``EAB''), 
that was not published in our May 5, 2006 Federal Register notice.

FOR FURTHER INFORMATION CONTACT: Copies of the permit are available for 
public inspection and can be obtained by contacting: Roger Kohn (AIR-
3), U.S. Environmental Protection Agency, Region 9, 75 Hawthorne 
Street, San Francisco, CA 94105. (415) 972-3973. e-mail: 
kohn.roger@epa.gov.
    Readers interested in more detail on the appeal issues raised by 
the petitioner and the reasons for the EAB's denial of review may 
download EAB's Order Denying Review from the EAB Web site: https://
yosemite.epa.gov/oa/EAB_Web_Docket.nsf/ PSD+Permit+Appeals+ 
(CAA)?OpenView.

Notification of EAB Final Decision

    The Nevada Department of Conservation and Natural Resources, 
Division of Environmental Protection, acting under authority of a PSD 
delegation agreement, issued a PSD permit to Newmont on May 5, 2005, 
granting approval to construct the TS Power Plant, a 200 megawatt 
pulverized coal-fired boiler plant to be located near Dunphy, NV. The 
Association for Clean Energy (``ACE'') filed a petition for review with 
the EAB on June 3, 2005. The EAB denied review of the petition on 
December 21, 2005. The permit became effective on December 21, 2005, 
not on June 4, 2005 as stated in our May 5, 2006 Federal Register 
notice.
    Judicial review of the 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 our May 5, 
2006 Federal Register notice.

    Dated: June 23, 2006.
Deborah Jordan,
Director, Air Division, Region 9.
[FR Doc. E6-10742 Filed 7-7-06; 8:45 am]
BILLING CODE 6560-50-P
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