[Federal Register Volume 68, Number 209 (Wednesday, October 29, 2003)]
[Notices]
[Pages 61661-61662]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-27260]


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ENVIRONMENTAL PROTECTION AGENCY

[Regional Docket Nos. II-2002-10, II-2001-08; FRL-7580-2]


Clean Air Act Operating Permit Program; Petitions for Objection 
to State Operating Permits for the Consolidated Edison Company Hudson 
Avenue Station and the Ravenswood Steam Plant

AGENCY: Environmental Protection Agency (EPA).

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

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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:
    (1) Consolidated Edison's Hudson Avenue Station in Brooklyn, NY.
    (2) Consolidated Edison's Ravenswood Steam Plant in Long Island 
City, 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 order for the Con Edison Hudson Avenue Station 
is available electronically at:
http://www.epa.gov/region07/programs/artd/air/title5/petitiondb/petitiondb2002.htm. The final order for the Ravenswood Steam Plant is 
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 Hudson Avenue Station

    On September 27, 2002, the EPA received a petition from NYPIRG, 
requesting that EPA object to the issuance of the title V operating 
permit to the Consolidated Edison Hudson Avenue Station. The petition 
raises issues regarding the permit application, the permit issuance 
process, and the permit itself. NYPIRG asserts that: (1) The permit was 
issued in violation of the requirements of the New Source Review 
program; (2) the permit is deficient because it fails to incorporate 
the requirements from pre-existing

[[Page 61662]]

permits issued to the facility; (3) the permit distorts the annual 
compliance certification requirement of Clean Air Act section 114(a)(3) 
and 40 CFR 70.6(c)(5); (4) the permit does not require prompt reporting 
of all deviations from permit requirements as mandated by 40 CFR 
70.6(a)(3)(iii)(B); (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 is not supported by an adequate 
statement of basis; (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 periodic 
monitoring and are not practically enforceable; (8) the permit lacks 
federally enforceable conditions that govern the procedures for permit 
renewal in accordance with 40 CFR 70.5(a)(1)(iii); (9) the permit is 
based upon an inadequate permit application; (10) the final permit 
improperly limits the dates during which the permit conditions apply; 
(11) the permit does not include an adequate compliance schedule for an 
opacity violation; and (12) the permit should include language 
indicating the availability of any credible evidence to demonstrate 
non-compliance.
    On September 30, 2003, the Administrator issued an order partially 
granting and partially denying the petition on the Con Edison Hudson 
Avenue Street Station. The order explains the reasons behind EPA's 
conclusion that the NYSDEC must reopen the permit to: (1) Adequately 
address Petitioner's comments on non-attainment NSR; (2) work with EPA 
to identify items that may be excluded from annual certification 
requirements; (3) supplement the PM monitoring requirements for the 
boilers; (4) include the SIP version of the excuse provision on the 
federally enforceable side of the permit; (5) revise the statement of 
basis to include a detailed explanation regarding the basis of granting 
a permit shield for 6 NYCRR Part 231 and (6) require record keeping to 
assure compliance with the facility's episode action plan. The order 
also explains the reasons for denying NYPIRG's remaining claims.

II. Ravenswood Steam Plant

    On December 17, 2001, the EPA received a petition from NYPIRG, 
requesting that EPA object to the issuance of the title V operating 
permit to the Consolidated Edison Ravenswood Steam Plant, on the 
grounds listed above except for the New Source Review, permit condition 
effective date, adequacy of compliance schedule and credible evidence 
issues. On September 30, 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) Remove the ``excuse provision'' that cites 6 
NYCRR section 201-1.4 from the federal side of the permit; (2) 
supplement the PM monitoring requirements for the boilers; (3) 
establish a relationship between any of the permit holders or operators 
and the system of fossil-fuel fired facilities that satisfies the 
criteria of 6 NYCRR section 227-2.5; (4) list, in the permit, those 
units that are defined as ``NOX Budget Units''; (5) 
prescribe an analytical method for monitoring the sulfur-in-fuel limit; 
(6) specify the applicable compliance method that is used in the 
monitoring of sulfur dioxide emissions; and (7) identify in the permit 
the correct SIP version that constitutes the legal basis for the 
sulfur-in-fuel limit. The order also explains the reasons for denying 
NYPIRG's remaining claims.

    Dated: October 20, 2003.
Jane M. Kenny,
Regional Administrator, Region 2.
[FR Doc. 03-27260 Filed 10-28-03; 8:45 am]
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