[Federal Register Volume 68, Number 56 (Monday, March 24, 2003)]
[Rules and Regulations]
[Pages 14163-14164]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-7049]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 70

[Regional Docket Nos. II-2001-02, -06, -07; FRL-7472-1]


Clean Air Act Operating Permit Program; Petitions for Objection 
to State Operating Permits for Consolidated Edison Company's 74th 
Street Station; the Danskammer Generating Station; and the Lovett 
Generating Station

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 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 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: Consolidated Edison's 74th Street Station in New York, NY; 
Dynegy Northeast Generation's Danskammer Generating Station in 
Newburgh, NY; and Mirant New York's Lovett Generating Station in 
Tomkins Cove, 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 Office, 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 the Con Edison 74th 
Street Station, the Danskammer Generating Station, and the Lovett

[[Page 14164]]

Generating Station are available electronically at: http://www.epa.gov/region07/programs/artd/air/title5/petitiondb/petitiondb2001.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. Con Edison's 74th Street Station

    On May 14, 2001, the EPA received a petition from NYPIRG, 
requesting that EPA object to the issuance of the title V operating 
permit for the Consolidated Edison 74th Street Station. The petition 
raises issues regarding the permit application, the permit issuance 
process, and the permit itself. NYPIRG asserts that: (1) 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; (2) DEC violated the public participation requirements of 
40 CFR 70.7(h) by inappropriately denying NYPIRG's request for a public 
hearing; (3) the permit is based on an incomplete permit application in 
violation of 40 CFR 70.5(c); (4) the permit is accompanied by an 
insufficient statement of basis as required by 40 CFR 70.7(a)(5); (5) 
the permit distorts the annual compliance certification requirement of 
Clean Air Act 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; and (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).
    On February 19, 2003, the Administrator issued an order partially 
granting and partially denying the petition on the Con Edison 74th 
Street Station. The order explains the reasons behind EPA's conclusion 
that the NYSDEC must reopen the permit to: (1) Include annual tune-ups 
and necessary parametric monitoring to ensure the turbines' compliance 
with their NOX RACT emission limits; (2) revise 
recordkeeping provisions to require that records relating to sulfur 
monitoring be kept for five years; (3) include appropriate conditions 
for particulate matter monitoring that meets the requirements of Sec.  
70.6(a)(3)(i)(B); (4) include record keeping and reporting requirements 
with regard to the use of architectural coatings and sealers; (5) note 
the existence and applicability of the Episodic Action Plan; and (6) 
incorporate ``Appendix A'' of the opacity consent order. The order also 
explains the reasons for denying NYPIRG's remaining claims.
    NYPIRG raises each of the above seven issues, except for the public 
hearing issue, in the petitions for the Danskammer Generating Station 
and the Lovett Generating Station, as well. In the Danskammer 
Generating Station petition, NYPIRG raises five additional issues: (1) 
The permit lacks federally enforceable conditions that govern the 
procedures for permit renewal; (2) the permit fails to include 
federally enforceable emission limits established under pre-existing 
permits; (3) the permit does not properly include CAA section 112(r) 
requirements; (4) the permit improperly describes the annual compliance 
certification due date; and (5) the permit does not assure Danskammer's 
compliance with applicable sulfur dioxide (SO2) emission 
limitations. In the petition on the Lovett Generating Station, NYPIRG 
raises three additional issues: (1) The proposed permit lacks a 
compliance schedule designed to bring the Lovett Generating Station 
into compliance with PSD requirements; (2) the proposed permit fails to 
include federally enforceable emission limits established under pre-
existing permits; and (3) the proposed permit does not correctly 
include the CAA section 112(r) requirements. 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. Danskammer Generating Station

    On December 10, 2001, the EPA received a petition from NYPIRG, 
requesting that EPA object to the issuance of the title V operating 
permit for the Danskammer Generating Station, on the grounds listed 
above. On February 14, 2003, 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) Specify normal operating ranges for ESP 
parameters and (2) delete language allowing digital recording of COM 
data to be replaced by manual recording. The order also explains the 
reasons for denying NYPIRG's remaining claims.

III. Lovett Generating Station

    On November 26, 2001, the EPA received a petition from NYPIRG, 
requesting that EPA object to the issuance of the title V operating 
permit for the Lovett Generating Station, on the grounds listed above. 
On February 19, 2003, 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) Incorporate opacity monitoring to assure compliance with New 
York State regulations at 6 NYCRR section 211.3; and (2) incorporate 
all necessary requirements from the opacity consent order. The order 
also explains the reasons for denying NYPIRG's remaining claims.

    Dated: March 6, 2003.
Jane M. Kenny,
Regional Administrator, Region 2.
[FR Doc. 03-7049 Filed 3-21-03; 8:45 am]
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