[Federal Register Volume 68, Number 169 (Tuesday, September 2, 2003)]
[Notices]
[Pages 52208-52209]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-22316]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

Regional Docket Nos. II-2002-01, -02 FRL-7552-1]


Clean Air Act Operating Permit Program; Petitions for Objection 
to State Operating Permits for the Dunkirk Steam Generating Station; 
the Huntley Generating Station

AGENCY: Environmental Protection Agency (EPA).

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

-----------------------------------------------------------------------

SUMMARY: This document announces that the EPA Administrator has 
responded to two citizen petitions asking EPA to object to operating 
permits issued to two 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: Dunkirk Steam Generating Station in Dunkirk, NY, and 
Huntley Generating Station in Tonawanda, 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 Dunkirk Steam 
Generating Station, and the Huntley Generating Station are available 
electronically at: http://www.epa.gov/region07/programs/artd/air/title5/petitiondb/petitiondb2002.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. Dunkirk Steam Generating Station

    On January 11, 2002, the EPA received a petition from NYPIRG, 
requesting that EPA object to the issuance of the title V operating 
permit for Dunkirk Steam Generating Station. The petition raises issues 
regarding the permit application, the permit issuance process, and the 
permit itself. NYPIRG asserts that: (1) The permit lacks a compliance 
schedule to address notices of violations issued for alleged opacity 
violations and violations under the Prevention of Significant 
Deterioration of Air Quality (PSD) regulations; (2) DEC improperly 
denied NYPIRG's request for a public hearing on the permit; (3) the 
permit is based on an incomplete permit application in violation of 40 
CFR 70.5(c); (4) the permit distorts annual certification requirements; 
(5) the permit does not require prompt reporting of any deviations from 
permit requirements as mandated by 40 CFR 70.6(a)(3)(iii)(B); (6) the 
permit's startup/shutdown, malfunction, maintenance, and upset 
provision violates part 70; (7) the permit fails to include federally 
enforceable emission limits established under pre-existing permits; and 
(8) the permit lacks monitoring sufficient to assure the facility's 
compliance with all applicable requirements.
    On July 31, 2003, the Administrator issued an order partially 
granting and partially denying the petition on the Dunkirk Steam 
Generating Station. The order explains the reasons behind EPA's 
conclusion that the NYSDEC must reopen the permit to: (1) Move a 
startup/shutdown, malfunction, maintenance, and upset provision from 
the federal

[[Page 52209]]

side to the State-side of the permit; (2) either incorporate into the 
title V permits provisions from pre-existing permits, or delete such 
applicable requirements by following the requisite public participation 
procedures (pre-existing permit conditions relating to the ash silo, 
spray paint booth, emergency generators, amount of sludge burned, and 
boilers 1 through 4); and (3) establish and monitor operating 
parameters at each electrostatic precipitator to assure compliance of 
particulate matter emissions from the facility boilers. The order also 
explains the reasons for denying NYPIRG's remaining claims.

II. Huntley Generating Station

    On January 7, 2002, the EPA received a petition from NYPIRG, 
requesting that EPA object to the issuance of the title V operating 
permit for the Huntley Generating Station. NYPIRG raises each of the 
above eight issues in its petition for the Huntley Generating Station, 
as well. In addition, NYPIRG raises three additional issues in the 
petition for the Huntley Generating Station: (1) The permit lacks 
federally enforceable conditions that govern the procedures for permit 
renewal; (2) the permit inappropriately placed compliance requirements 
that pertain to the ash silo in the State-only side of the permit; and 
(3) the proposed permit improperly describes the annual compliance 
certification process. On July 31, 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 into the permit prompt reporting 
of violations relating to boiler particulate matter requirements; (2) 
move a startup/shutdown, malfunction, maintenance, and upset provision 
from the federal side to the State-side of the permit; (3) either 
incorporate into the title V permits provisions from pre-existing 
permits, or delete such requirements by following the requisite public 
participation procedures (pre-existing permit conditions relating to 
the facility boilers, welding booths and tables, and the wastewater 
treatment plant lime silo); (4) incorporate additional parametric 
monitoring of particulate matter emissions from the facility boilers; 
and (5) incorporate additional monitoring, recordkeeping and reporting 
of fugitive particulate matter emissions from the coal handling 
processes. The order also explains the reasons for denying NYPIRG's 
remaining claims.

    Dated: August 8, 2003.
William J. Muszynski,
Acting Regional Administrator, Region 2.
[FR Doc. 03-22316 Filed 8-29-03; 8:45 am]
BILLING CODE 6560-50-P