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Please see www.epa.gov/nsr for the latest information on EPA's New Source Review program.

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. ***

BEFORE THE ADMINISTRATOR
U.S. ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C.


In the Matter of:

Bio Energy Corporation
West Hopkinton, NH

PSD File No. 041-121-NH07
)
)
)
) PSD Appeal No. 89-6
)
)
)
)

REMAND 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.
All further action by the Administrator with respect to Bio Energy's PSD appeal is stayed until Region I notifies the Administrator that the Region has reached a final determination in response to the remand.
Pursuant to this remand, Bio Energy will be allowed to submit further information requested by the Region to supplement the administrative record, and the Region will be allowed to reopen the comment period and to consider revising its permit determination.

2

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.
Region I's determination on remand will be subject to review under 40 CFR .124.19, and appeal of its decision on remand will be required to exhaust administrative remedies under 40 CFR .124.19(f).
So ordered.

Dated:1-4-90

___________________________________
William K. Reilly
Administrator


                           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

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