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January 4, 1990 PSD Appeal No. 89-6 11.15
THE TEXT YOU ARE VIEWING IS A COMPUTER-GENERATED OR RETYPED VERSION OF A
PAPER PHOTOCOPY OF THE ORIGINAL. ALTHOUGH CONSIDERABLE EFFORT HAS BEEN
EXPENDED TO QUALITY ASSURE THE CONVERSION, IT MAY CONTAIN TYPOGRAPHICAL
ERRORS. TO OBTAIN A LEGAL COPY OF THE ORIGINAL DOCUMENT, AS IT
CURRENTLY EXISTS, THE READER SHOULD CONTACT THE OFFICE THAT ORIGINATED
THE CORRESPONDENCE OR PROVIDED THE RESPONSE.
11.15 *** NOTE: The following text does NOT contain the footnotes that appear in the original text. These footenotes are necessary for a comprehensive understanding of basis for the denial. Please contact your Regional NSR contact if you wish a complete copy of the order. ***
Upon the joint request of the Regional Administrator of
Region I of the U.S. Environmental Protection Agency and Bio
Energy Corporation, and pursuant to 40 CFR .124.19, all matters
regarding the PSD Permit Denial Decision dated November 15, 1989,
concerning Bio Energy's PSD application for its wood-fired power
plant located in West Hopkinton, New Hampshire, are remanded to
the Regional Administrator of Region I so that further comments
and technical information may be received to supplement the
administrative record.
This remand to the Regional Administrator shall be without
prejudice to Bio Energy's rights under its Petition for Review by
the Administrator, and to the Regional Administrator's findings
in the final determination dated November 15, 1989, to the extent
the supplemental administrative record on remand does not address
or modify those findings.
Dated:1-4-90
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing Remand Order in the matter of Bio Energy Corporation, PSD APpeal No. 89-6 were mailed to the following persons in the manner indicated: First Class Mail Timothy Williamson Postage prepaid: Office of Regional Counsel U.S. EPA, Region I John F. Kennedy Federal Building Boston, MA 02203 Paul Keough Acting Regional Administrator U.S. EPA, Region I John F. Kennedy Federal Building Boston, MA 02203 Donald L. Anglehart Cuddy, Lynch, Manzi & Bixby One Financial Center, 43rd Floor Boston, MA 02111 William Dell Orfano, President Bio Energy Corporation Route 127 Rural Route 2 Box 85 West Hopkinton, NH 03229 Dated: January 8, 1990 __________________________________________ Brenda H. Selden, Secretary to the Chief Judicial Officer Notebook Entries: 10.47 |