[Federal Register Volume 67, Number 35 (Thursday, February 21, 2002)]
[Notices]
[Pages 8016-8017]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-4258]


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ENVIRONMENTAL PROTECTION AGENCY

[Regional Docket Nos. II-2000-01, 02, 03; FRL-7148-6]


Clean Air Act Operating Permit Program; Petitions for Objection 
to State Operating Permits for the Albert Einstein College of Medicine 
at Yeshiva University; Action Packaging Corporation; and Kings Plaza 
Total Energy Plant

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final orders on petitions to object to three State 
operating permits.

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SUMMARY: This document announces that the EPA Administrator has 
responded to several citizen petitions asking EPA to object to 
operating permits issued to three facilities by the

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New York State Department of Environmental Conservation (NYSDEC). 
Specifically, the Administrator has denied a petition submitted by the 
New York Public Interest Research Group (NYPIRG) to object to the State 
operating permit issued to the Albert Einstein College of Medicine at 
Yeshiva University (Yeshiva), in Bronx, NY. The Administrator has 
partially granted and partially denied a petition submitted by NYPIRG 
to object to the State operating permit issued to Action Packaging 
Corporation (Action Packaging), in Brooklyn, NY. The Administrator has 
also partially granted and partially denied a petition submitted by 
NYPIRG to object to the State operating permit issued to Kings Plaza 
Total Energy Plant (Kings Plaza), in Brooklyn, NY.
    Pursuant to section 505(b)(2) of the Clean Air Act (Act), 
petitioners may seek judicial review of those portions of the petitions 
which EPA 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 orders, the petitions, 
and other supporting information at the EPA, Region 2, 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. 
Each of the final orders is also available electronically at: http://www.epa.gov/region07/programs/artd/air/title5/petitiondb/petitiondb2000.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.

I. Yeshiva

    On March 15, 2000, the EPA received a petition from NYPIRG, 
requesting that EPA object to the issuance of the title V operating 
permit to Yeshiva. The petition raises issues regarding the permit 
application, the permit issuance process, and the permit itself. NYPIRG 
asserts that (1) NYSDEC violated the public participation requirements 
of 40 CFR 70.7(h) by inappropriately denying NYPIRG's request for a 
public hearing; (2) the permit is based on an incomplete permit 
application in violation of 40 CFR 70.5(c); (3) the permit entirely 
lacks a statement of basis as required by 40 CFR 70.7(a)(5); (4) the 
permit repeatedly violates the 40 CFR 70.6(a)(3)(iii)(A) requirement 
that the permittee submit reports of any required monitoring at least 
every six months; (5) the permit distorts the annual compliance 
certification requirement of CAA section 114(a)(3) and 40 CFR 
70.6(c)(5); (6) the permit does not assure compliance with all 
applicable requirements as mandated by 40 CFR 70.1(b) and 70.6(a)(1) 
because it illegally sanctions the systematic violations of applicable 
requirements during startup/shutdown, malfunction, maintenance, and 
upset conditions; (7) the permit does not require prompt reporting of 
all deviations from permit requirements as mandated by 40 CFR 
70.6(a)(3)(iii)(B); and (8) the permit does not assure compliance with 
all applicable requirements as mandated by 40 CFR 70.1(b) and 
70.6(a)(1) because many individual permit conditions lack adequate 
periodic monitoring and are not practically enforceable.
    NYPIRG raises each of these issues in the petitions on Action 
Packaging and Kings Plaza, as well. In each of these petitions, the 
eighth issue is subdivided into several detailed points, some which are 
permit-specific and some which are shared among the other permits.
    On January 16, 2002, the Administrator issued an order denying the 
petition on Yeshiva. The order explains the reasons behind EPA's 
conclusion that NYPIRG has failed to demonstrate that Yeshiva's permit 
does not assure compliance with the Act on the grounds raised.

II. Action Packaging

    On April 7, 2000, the EPA received a petition from NYPIRG, 
requesting that EPA object to the issuance of the title V operating 
permit to Action Packaging, on the grounds listed above. On January 16, 
2002, the Administrator issued an order partially granting and 
partially denying the petition. The order explains the reasons behind 
EPA's conclusion that the NYSDEC must reopen the permit to require 
adequate monitoring of the exhaust gas temperature from the facility's 
incinerator, and to properly address the applicable requirements of the 
Maximum Achievable Control Technology standard regulating air toxics 
from this industry. The order also explains the reasons for denying 
NYPIRG's remaining claims.

III. Kings Plaza

    On May 5, 2000, the EPA received a petition from NYPIRG, requesting 
that EPA object to the issuance of the title V operating permit to 
Kings Plaza on the grounds listed above. On January 16, 2002, the 
Administrator issued an order partially granting and partially denying 
the petition. The order explains the reasons behind EPA's conclusion 
that the NYSDEC must reopen the permit to properly reference the 
facility's plan for complying with the Reasonably Available Control 
Technology requirements for nitrogen oxides (NOX), and 
resolve discrepancies in the monitoring for NOX. The order 
also explains the reasons for denying NYPIRG's remaining claims.

    Dated: February 11, 2002.
Jane M. Kenny,
Regional Administrator, Region 2.
[FR Doc. 02-4258 Filed 2-20-02; 8:45 am]
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