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Proposed Rule

Special Exemption From Requirements of the Clean Air Act for the Territory of United States Virgin Islands

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Information about this document as published in the Federal Register.

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Environmental Protection Agency.


Proposed rule.


The Environmental Protection Agency (EPA) is proposing to approve a July 21, 2003, petition (petition), from the Governor of the Virgin Islands (US VI), which seeks an exemption of the Clean Air Act (CAA) section 165(a) requirement to obtain a Prevention of Significant Deterioration (PSD) permit to construct prior to commencing construction of a new gas turbine, Unit 23, at the Virgin Islands Water and Power Authority's (VIWAPA's) St. Thomas facility. This exemption will allow for the construction, but not the operation, of Unit 23 prior to issuance of a final PSD permit.

In the same separate part of this Federal Register, EPA is also approving the petition as a direct final rule without prior proposal because the Agency views this action as noncontroversial and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule.

If EPA receives no adverse comments, EPA will not take further action on this proposed rule. If EPA receives adverse comments, EPA will withdraw the direct final rule and it will not take effect. EPA will address all public comments in a subsequent final rule based on this proposed rule. The EPA will not institute a second comment period on this action. Any parties interested in commenting on this action should do so at this time.


Written comments must be received on or before January 30, 2004.


Comments may be submitted either by mail or electronically. Written comments should be mailed to Steven C. Riva, Chief, Permitting Section, Air Programs Branch, Environmental Protection Agency, Region 2 Office, 290 Broadway, New York, New York 10007-1866. Electronic comments could be sent either to or to, which is an alternative method for submitting electronic comments to EPA. Go directly to, then select “Environmental Protection Agency” at the top of the page and use the “go” button. Please follow the on-line instructions for submitting comments.

Copies of the petition and supporting submittals are available at the following addresses for inspection during normal business hours: Environmental Protection Agency, Region 2 Office, 290 Broadway, 25th Floor, New York, New York 10007-1866, Attn: Umesh Dholakia.

Environmental Protection Agency, Region 2 Office, Caribbean Field Office, Centro Europa Building, Suite 417, 1492 Ponce de Leon Avenue, Stop 22, San Juan, Puerto Rico 00907-4127, Attn: John Aponte.

The U.S. Virgin Islands Department of Planning and Natural Resources (VIDPNR), Division of Environmental Protection, Cyril E. King Airport, Terminal Building, Second Floor, St. Thomas, U.S. Virgin Islands 00802, Attn: Leslie Leonard.

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Umesh Dholakia, Air Programs Branch, Environmental Protection Agency, Region 2 office, 290 Broadway, 25th Floor, New York, New York 10278, (212) 637-4023 or at

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For additional information see the direct final rule which is located in the same separate part of this Federal Register.

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Dated: December 23, 2003.

Michael O. Leavitt,


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[FR Doc. 03-32206 Filed 12-30-03; 8:45 am]