[Federal Register Volume 67, Number 151 (Tuesday, August 6, 2002)]
[Notices]
[Pages 50878-50879]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-19795]


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ENVIRONMENTAL PROTECTION AGENCY

[Regional Docket Nos. II-2000-04, 05, 06; FRL-7256-2]


Clean Air Act Operating Permit Program; Petitions for Objection 
to State Operating Permits for the Rochdale Village Power Plant; 
Tanagraphics, Inc.; and the North Shore Towers Apartments Total Energy 
Plant

AGENCY: Environmental Protection Agency (EPA).

[[Page 50879]]


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 three citizen petitions asking EPA to object to operating 
permits issued to three facilities by the New York State Department of 
Environmental Conservation (NYSDEC). Specifically, the Administrator 
has partially granted and partially denied a petition submitted by the 
New York Public Interest Research Group (NYPIRG) to object to the State 
operating permit issued to the power plant operated by Rochdale 
Village, Inc. in Queens, NY. Second, the Administrator has partially 
granted and partially denied a petition submitted by NYPIRG to object 
to the State operating permit issued to Tanagraphics, Inc., in New 
York, NY. Third, the Administrator has partially granted and partially 
denied a petition submitted by NYPIRG to object to the State operating 
permit issued to North Shore Towers Apartments Total Energy Plant, in 
Floral Park, NY.
    Pursuant to section 505(b)(2) of the Clean Air Act (Act), 
petitioner 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. Rochdale Village

    On June 7, 2000, the EPA received a petition from NYPIRG, 
requesting that EPA object to the issuance of the title V operating 
permit to Rochdale Village. 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 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 violation 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 Tanagraphics 
and North Shore Towers Apartments, 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 July 3, 2002, the Administrator issued an order partially 
granting and partially denying the petition on Rochdale Village. The 
order explains the reasons behind EPA's conclusion that the NYSDEC must 
reopen the permit to: (1) Indicate the facility employs continuous 
opacity monitors, and to require quarterly reporting of opacity data; 
(2) require quarterly reporting of natural gas and fuel oil consumption 
data, as required by the approved plan for complying with the 
Reasonably Available Control Technology requirements for nitrogen 
oxides; and (3) remove a condition that improperly applies an 
inapplicable sulfur requirement to the facility. The order also 
explains the reasons for denying NYPIRG's remaining claims.

II. Tanagraphics

    On July 7, 2000, the EPA received a petition from NYPIRG, 
requesting that EPA object to the issuance of the title V operating 
permit to Tanagraphics, on the grounds listed above. On July 3, 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: (1) Include 
periodic monitoring to assure compliance with DEC's rules on the use of 
open containers; (2) require testing of fountain solutions, inks, and 
coatings more frequently than one time; and (3) include two opacity 
conditions (with periodic monitoring) that were omitted from the 
original permit. The order also explains the reasons for denying 
NYPIRG's remaining claims.

III. North Shore Towers Apartments

    On August 1, 2000, the EPA received a petition from NYPIRG, 
requesting that EPA object to the issuance of the title V operating 
permit to North Shore Towers Apartments on the grounds listed above. On 
July 3, 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: (1) Revise 
a nitrogen oxides monitoring provision to reference the most recently 
approved stack test results; and (2) revise a sulfur-in-fuel 
recordkeeping requirement to retain records on-site for 5-years. The 
order also explains the reasons for denying NYPIRG's remaining claims.

    Dated: July 23, 2002.
Jane M. Kenny,
Regional Administrator, Region 2.
[FR Doc. 02-19795 Filed 8-5-02; 8:45 am]
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