[Federal Register Volume 69, Number 216 (Tuesday, November 9, 2004)]
[Notices]
[Pages 64924-64925]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24923]
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ENVIRONMENTAL PROTECTION AGENCY
[Regional Docket Nos. II-2002-05, -06, -11; FRL-7835-8]
Clean Air Act Operating Permit Program; Petitions for Objection
to State Operating Permits for the Keyspan Generation Far Rockaway
Station, Motiva Enterprises, LLC, and the New York City Department of
Environmental Protection North River Water Pollution Control Plant
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of final orders, addressing three State operating
permits.
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SUMMARY: This document announces that the EPA Administrator has
addressed four citizen petitions asking
[[Page 64925]]
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 three petitions submitted by the New York Public Interest
Research Group (NYPIRG) to object to the state operating permits issued
to the Keyspan Generation Far Rockaway Station, Motiva Enterprises,
LLC, and the New York City Department of Environmental Protection
(NYCDEP) North River Water Pollution Control Plant. Additionally, the
Administrator has partially granted and partially denied a petition
submitted by the NYCDEP, requesting our objection to its own operating
permit for the North River plant. Pursuant to section 505(b)(2) of the
Clean Air Act (Act), petitioners 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 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. Keyspan
On July 5, 2002, the EPA received a petition from NYPIRG,
requesting that EPA object to the issuance of the title V operating
permit for the Keyspan Generation Far Rockaway Station. On September
24, 2004, the Administrator issued an order partially granting and
partially denying the Keyspan petition. The order explains the reasons
behind EPA's conclusion that the NYSDEC must determine whether to
retain or delete a condition relating to burning waste-oil in the
utility boiler. If this condition is to be retained, the NYSDEC must
incorporate additional requirements, and discuss applicability in the
corresponding Permit Review Report. The order also explains EPA's
reasons for denying NYPIRG's remaining claims.
II. Motiva
On May 23, 2002, the EPA received a petition from NYPIRG,
requesting that EPA object to the issuance of the title V operating
permit for Motiva Enterprises, LLC. On September 24, 2004, the
Administrator issued an order partially granting and partially denying
the Motiva petition. The order explains the reasons behind EPA's
conclusion that the NYSDEC must: (1) Provide information on the methods
used in creating the emission statement; (2) prescribe opacity
monitoring for the Vapor Recovery Unit; (3) include additional
requirements that are applicable to bulk gasoline terminals; (4) state
that reporting is due semi-annually for the facility's average daily
gasoline throughput; (5) specify which type of control is in place at
the Fixed Roof storage tanks; (6) specify that a record will be
generated whenever activities pertaining to the replacement of any
liquid mounted seal are performed; (7) state that facility is subject
to a gasoline throughput limit of 526,900,000 gallons/yr; and (8)
reference emission calculations together with any applicable technical
basis. The order also explains EPA's reasons for denying NYPIRG's
remaining claims.
III. North River
On October 1 and 4, 2002, the EPA received petitions from NYPIRG
and the NYCDEP, requesting that EPA object to the issuance of the title
V operating permit for the NYCDEP North River Water Pollution Control
Plant. On September 24, 2004, the Administrator issued an order
partially granting and partially denying both North River petitions.
The order explains the reasons behind EPA's conclusion that the NYSDEC
must reopen the permit to: (1) Move the hydrogen sulfide requirements
to the state-only enforceable portion of the permit; (2) include
requirements for exempt activities where applicable; (3) require annual
certification of federally enforceable terms as directed by EPA; (4)
include the SIP ``excuse'' provision codified at 6 NYCRR section
201.5(e); (5) include additional monitoring for NOX from the
engines; (6) specify the degree of air cleaning required by 6 NYCRR
section 212.4(a) for the wastewater, sludge and miscellaneous
processes, and include appropriate monitoring; and (7) clarify the
applicability of 6 NYCRR section 230.2 and include appropriate permit
conditions. In addition, several issues require the NYSDEC to provide a
revised statement of basis that: (1) Explains how the sulfur in fuel
monitoring is consistent with the city's contract; (2) clarifies the
rationale for including multiple monitoring requirements for opacity
from the engines; (3) clarifies the applicability of exempt and trivial
activities as well as the general opacity regulation; (4) explains its
reasons for concluding the facility is a non-industrial POTW; and (5)
clarifies the applicability of CAA section 112(r). The order also
explains EPA's reasons for denying the petitioners' remaining claims.
Dated: November 1, 2004.
Jane M. Kenny,
Regional Administrator, Region 2.
[FR Doc. 04-24923 Filed 11-8-04; 8:45 am]
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