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E-M:/ Last Chance to Litigate Central Wayne County MSW Incinerator



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Enviro-Mich message from "Alex J. Sagady & Associates" <ajs@sagady.com>
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Date: Tue, 22 Dec 1998 17:38:24 -0500 (EST)
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Subject: Final Determination for Prevention of Significant 
X-Listprocessor-Version: 6.0c -- ListProcessor by Anastasios Kotsikonas
X-Comment: U.S. EPA FEDERAL REGISTER AIR documents

[Federal Register: December 21, 1998 (Volume 63, Number 244)]
[Notices]               
[Page 70404]
>From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21de98-79]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6204-2]

 
Final Determination for Prevention of Significant Deterioration 
Air Quality Permit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final action.

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SUMMARY: The purpose of this document is to announce that on November 
24, 1997, the Michigan Department of Environmental Quality (MDEQ) 
issued Central Wayne Limited Partnership a Prevention of Significant 
Deterioration (PSD) permit approving the modification of two municipal 
waste incinerators, the reopening and modification of the third waste 
incinerator and the additional of air pollution equipment, three waste 
heat steam generators and one turbine generator at 4901 Inkster Road, 
Dearborn Heights, Michigan. The final action was issued pursuant to the 
Prevention of Significant Deterioration of Air Quality (PSD) 
regulations codified at 40 CFR 52.21 (43 FR 26403). The time for 
appealing this decision to the U.S. EPA has expired. Judicial review of 
the permit decision is available only pursuant to section 307(b)(1) of 
the Clean Air Act and only by filing a petition for review in the 
United States Court of Appeals for the Sixth Circuit within sixty (60) 
days of today's date.

DATES: Judicial review of the issuance of the permit is available only 
pursuant to section 307(b)(1) of the Clean Air Act and only by filing a 
petition for review in the United States Court of Appeals for the Sixth 
Circuit on or before February 19, 1999.

ADDRESSES: Documents relevant to the above action are available for 
public inspection during normal business hours at the following address 
(Note: It is recommended that you telephone ahead before visiting the 
MDEQ): State of Michigan, Department of Environmental Quality, Air 
Quality Division, Hollister Building, P.O. Box 30473, Lansing, Michigan 
48909-7973.
    Questions on this document may be directed to: Ms. Laura Gerleman, 
United States Environmental Protection Agency, Region V, 77 West 
Jackson Boulevard (AR-18J), Chicago, Illinois 60604-3590, telephone 
(312) 353-5703.

SUPPLEMENTARY INFORMATION: Central Wayne Energy Limited Partnership 
owns and operates a municipal waste incinerator facility in Dearborn 
Heights, Michigan. On November 24, 1997, the Michigan Department of 
Environmental Quality issued Central Wayne a Prevention of Significant 
Deterioration (PSD) permit approving certain changes to its municipal 
waste incinerator facility. The permit was first issued on October 30, 
1997, but was then later revised and reissued on November 24 1997.
    Only one individual attempted to file a petition for review with 
the Environmental Appeals Board (Board) objecting to the issuance of 
the Central Wayne PSD permit. That petition was denied by the Board 
since it was not timely filed. The Board dismissed the petition with 
prejudice on February 26, 1998 (PSD Appeal No. 98-1). The Board also 
denied and dismissed the petitioner's Motion for Reconsideration on 
March 26, 1998.
    The time period established by the Permit Regulations at 40 CFR 
124.19 for petitioning the Administrator to review any condition of the 
permit decision has expired. Such a petition to the Administrator is, 
under 5 U.S.C. 704, a prerequisite to seek judicial review of the final 
agency action. No petitions for review of this permit have been timely 
filed with the Administrator.
    Under section 307(b)(1) of the Clean Air Act, judicial review of 
the approval of this action is available, if at all, only by the filing 
of a petition for a review in the United States Sixth Circuit Court of 
Appeals within 60 days of publication of today's document. Under 
section 307(b)(2) of the Clean Air Act, the requirements, which are the 
subject of today's document, may not be challenged later in civil or 
criminal proceedings brought by EPA to enforce these requirements.
Jo Lynn Traub,
Acting Regional Administrator, Region 5.
[FR Doc. 98-33741 Filed 12-18-98; 8:45 am]
BILLING CODE 6560-50-U




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Alex J. Sagady & Associates        Email:  ajs@sagady.com
Environmental Consulting and Database Systems
PO Box 39  East Lansing, MI  48826-0039  
(517) 332-6971 (voice); (517) 332-8987 (fax)

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