[Federal Register Volume 68, Number 13 (Tuesday, January 21, 2003)]
[Notices]
[Pages 2763-2765]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-964]


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ENVIRONMENTAL PROTECTION AGENCY

[Regional Docket Nos. II-2000-08, -09, II-2001-01, -03, -04; FRL-7439-
6]


Clean Air Act Operating Permit Program; Petitions for Objection 
to State Operating Permits for Columbia University; Starrett City Power 
Plant; Elmhurst Hospital; Maimonides Medical Center; and the Bergen 
Point Sewage Treatment Plant

AGENCY: Environmental Protection Agency (EPA).

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

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SUMMARY: This document announces that the EPA Administrator has 
responded to five citizen petitions asking EPA to object to operating 
permits issued to five facilities by the New York State Department of 
Environmental Conservation (NYSDEC). Specifically, the Administrator 
has partially granted and partially denied each of the petitions 
submitted by the New York Public Interest Research Group (NYPIRG) to 
object to each of the State operating permits issued to the following 
facilities: Columbia University in New York, NY; Starrett City Power 
Plant in Brooklyn, NY; Elmhurst Hospital in Elmhurst, NY; Maimonides 
Medical Center in Brooklyn, NY; and Bergen Point Sewage Treatment Plant 
in West Babylon, 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. 
Additionally, the final orders for Columbia University, Starrett City 
and Elmhurst Hospital are available electronically at: http://www.epa.gov/region07/programs/artd/air/title5/petitiondb/petitiondb2000.htm, and the final orders for Maimonides Medical Center 
and Bergen Point Sewage Treatment Plant are available electronically 
at: http://www.epa.gov/region07/programs/artd/air/title5/petitiondb/petitiondb2001.htm.

[[Page 2764]]


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. Columbia University

    On October 2, 2000, the EPA received a petition from NYPIRG, 
requesting that EPA object to the issuance of the title V operating 
permit to Columbia University. 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 
an adequate statement of basis as required by 40 CFR 70.7(a)(5); (4) 
the permit distorts the annual compliance certification requirement of 
CAA section 114(a)(3) and 40 CFR 70.6(c)(5); (5) 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; (6) 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 (7) 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 monitoring and are not practically 
enforceable.
    On December 16, 2002, the Administrator issued an order partially 
granting and partially denying the petition on Columbia University. The 
order explains the reasons behind EPA's conclusion that the NYSDEC must 
reopen the permit to: (1) Enforceably prohibit operation of all four 
boilers simultaneously, (2) specify that continuous opacity monitors 
are used, (3) incorporate monitoring for fuel sulfur content, (4) 
incorporate sulfur requirements of the New Source Performance 
Standards, (5) include monitoring to support the annual and hourly 
NOX limits, and (6) incorporate operational restrictions to 
limit the annual SO2 emissions and include monitoring to 
support the hourly SO2 limits. The order also explains the 
reasons for denying NYPIRG's remaining claims.
    NYPIRG raises each of the above seven issues in the petitions on 
Starrett City Power Plant and Elmhurst Hospital, as well. NYPIRG raises 
each of the above issues except the public hearing issue in the 
petitions on Maimonides Medical Center and Bergen Point Sewage 
Treatment Plant. Further, in the Starrett City and Maimonides 
petitions, NYPIRG raises an additional issue: the permit fails to 
include the applicable particulate matter limitation that is part of 
New York's State Implementation Plan. Finally, in the petition on 
Bergen Point, NYPIRG raises a new issue: the permit lacks federally 
enforceable conditions that govern the procedures for permit renewal. 
In each of these petitions, the issue on monitoring is subdivided into 
several detailed points, some of which are permit-specific and some of 
which are shared among the other permits.

II. Starrett City Power Plant

    On January 3, 2001, the EPA received a petition from NYPIRG, 
requesting that EPA object to the issuance of the title V operating 
permit to Starrett City, on the grounds listed above. On December 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: (1) Revise 
the permit's sulfur-in-fuel provisions to incorporate the applicable 
SIP citation; (2) add the requirement for annual tune-ups for the 
facility's four boilers; (3) add operational restrictions for the 
facility's three reciprocating engines; (4) add recordkeeping and 
operational limits based on the most recent stack test for the 
facility's three reciprocating engines; (5) add the requirement for 
annual tune-ups for the facility's three reciprocating engines; and (6) 
add the applicable SIP particulate matter limit and appropriate 
monitoring for the facility's four boilers and three reciprocating 
engines. The order also explains the reasons for denying NYPIRG's 
remaining claims.

III. Elmhurst Hospital

    On October 10, 2000, the EPA received a petition from NYPIRG, 
requesting that EPA object to the issuance of the title V operating 
permit to Elmhurst Hospital on the grounds listed above. On December 
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 add 
requirements for prompt reporting of temperature excursions at the 
ethylene oxide abatement system. The order also explains the reasons 
for denying NYPIRG's remaining claims.

IV. Maimonides Medical Center

    On October 29, 2001, the EPA received a petition from NYPIRG, 
requesting that EPA object to the issuance of the title V operating 
permit to the Maimonides Medical Center on the grounds listed above. On 
December 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: (1) 
Add the requirements for annual tune-ups for the facility's five 
boilers; (2) add the applicable SIP particulate matter limit and 
appropriate monitoring and recordkeeping; (3) move compliance 
requirements relating to the ethylene oxide control device from the 
State side to the federally enforceable side of the permit; (4) revise 
monitoring compliance requirements to express permissible emission 
rates in terms of those same units that are expressed in the SIP; (5) 
specify which of two proposed emission control scenarios, stated in the 
permit, is being retained for implementation regarding the ethylene 
oxide operation; (6) upgrade the existing monitoring relating to the 
ethylene oxide operation; and (7) add opacity monitoring requirements 
to the ethylene oxide operation. The order also explains the reasons 
for denying NYPIRG's remaining claims.

V. Bergen Point Sewage Treatment Plant

    On October 15, 2001, the EPA received a petition from NYPIRG, 
requesting that EPA object to the issuance of the title V operating 
permit to Bergen Point on the grounds listed above. On December 16, 
2002, the Administrator issued an order partially granting and 
partially denying the petition. The order explains the reasons

[[Page 2765]]

behind EPA's conclusion that the NYSDEC must reopen the permit to: (1) 
Upgrade existing monitoring relating to stack testing and stack 
emissions; (2) include both particulate matter emission limits (State 
and Federal) as applicable requirements of the incinerators; (3) 
require permittee to keep a log of the incinerators' operating hours; 
(4) incorporate calibration methods and frequencies for monitoring 
devices; (5) specify a test method and appropriate recordkeeping for 
the sludge sampling activity; (6) incorporate the average scrubber 
pressure drop from the most recent performance test; and (7) specify 
QA/QC requirements with respect to the continuous opacity monitors. The 
order also explains the reasons for denying NYPIRG's remaining claims.

    Dated: January 7, 2003.
Jane M. Kenny,
Regional Administrator, Region 2.
[FR Doc. 03-964 Filed 1-17-03; 8:45 am]
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