[Federal Register Volume 69, Number 186 (Monday, September 27, 2004)]
[Notices]
[Page 57695]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-21583]


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ENVIRONMENTAL PROTECTION AGENCY

[Regional Docket Nos. II-2000-01, -03; FRL-7819-1]


Notice of Final Orders on Remand; Clean Air Act Operating Permit 
Program; Petitions for Objection to State Operating Permits for the 
Albert Einstein College of Medicine at Yeshiva University and the Kings 
Plaza Total Energy Plant

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final order on remand, addressing two State operating 
permits.

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SUMMARY: This document announces that the EPA Administrator has 
addressed on remand two citizen petitions asking EPA to object to 
operating permits issued to two facilities by the New York State 
Department of Environmental Conservation (NYSDEC). On February 27, 
2003, the United States Court of Appeals for the Second Circuit granted 
a petition for review brought by NYPIRG challenging the EPA's final 
Orders denying its administrative petitions seeking objections to the 
Action Packaging, Kings Plaza, and Yeshiva permits. New York Public 
Interest Research Group, Inc. v. Whitman, 321 F.3d 316 (2nd Cir.) 
(hereinafter ``NYPIRG''). The court vacated EPA's denial of NYPIRG's 
petitions and remanded the decisions for further proceedings consistent 
with the court's opinion. Specifically, in response to the court's 
remand, the Administrator has partially granted and partially denied 
the petitions submitted by the New York Public Interest Research Group 
(NYPIRG) to object to the state operating permits issued to the Albert 
Einstein College of Medicine at Yeshiva University and the Kings Plaza 
Total Energy Plant. The facility operated by Action Packaging ceased 
operations as of September 31, 2002, surrendered its permit, and will 
not be seeking a renewal permit.
    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 order, 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 order is 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. Yeshiva

    On March 15, 2000, the EPA received a petition from NYPIRG, 
requesting that EPA object to the issuance of the title V operating 
permit for the Albert Einstein College of Medicine at Yeshiva 
University. The EPA administrator first responded to this petition on 
January 16, 2002, denying it on all counts. In the Matter of the Albert 
Einstein College of Medicine of Yeshiva University (``Yeshiva''), 
Petition No. II-2000-01, January 16, 2002. On August 26, 2004, in 
response to the NYPIRG decision remanding the January 16 Order to EPA, 
the Administrator issued an order partially granting and partially 
denying the Yeshiva petition. The order explains the reasons behind 
EPA's conclusion that the NYSDEC must reopen the permit to: (1) Publish 
a public notice for the Yeshiva permit with language on how to request 
a hearing; (2) apply the proper standard when deciding whether to hold 
a hearing, if one is requested; (3) prepare a statement of basis with 
the draft permit; and (4) describe the applicability of 40 CFR part 68. 
The order also explains the reasons for denying the initial compliance 
certification issue, which is the fifth petition issue addressed per 
the remand.

II. Kings Plaza

    On May 5, 2000, the EPA received a petition from NYPIRG, requesting 
that EPA object to the issuance of the title V operating permit for the 
Kings Plaza Total Energy Plant. The EPA Administrator first responded 
to this petition on January 16, 2002, granting it in part and denying 
it in part. In the Matter of Kings Plaza Total Energy Plant, Petition 
Number II-2000-03, January 16, 2002 (``Kings Plaza''). On August 26, 
2004, in response to the NYPIRG decision remanding the January 16 Order 
to EPA, 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 require the permittee to submit a 
new compliance certification in accordance with 40 CFR 70.5(c)(9)(i). 
The Order also explains the reasons for denying the other four remand 
issues.

    Dated: September 16, 2004.
Jane M. Kenny,
Regional Administrator, Region 2.
[FR Doc. 04-21583 Filed 9-24-04; 8:45 am]
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