[Federal Register Volume 89, Number 90 (Wednesday, May 8, 2024)]
[Notices]
[Page 38897]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10029]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-R02-OAR-2023-0522; FRL 11887-01-R2]


Issuance of Outer Continental Shelf Air Permit for Empire 
Offshore Wind, LLC; Notice of Final Action

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final action.

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SUMMARY: This notice announces that the EPA issued a final Outer 
Continental Shelf (OCS) air permit decision under section 328 of the 
Clean Air Act (CAA) and the implementing Outer Continental Shelf (OCS) 
air regulations of the Code of Federal Regulations (CFR) for Empire 
Offshore Wind, LLC to construct and operate an offshore wind farm. This 
final permit is for the construction and operation of the Empire Wind 
Project, an offshore wind farm located on the OCS within Renewable 
Energy Lease Area OCS-A 0512 about 12 nautical miles south of Long 
Island, New York, and 17 nautical miles east of Long Branch, New 
Jersey.

DATES: The EPA issued OCS air permit No. OCS-EPA-R2 NY 01 to Empire 
Offshore Wind, LLC on February 15, 2024. The permit became effective on 
March 16, 2024.

FOR FURTHER INFORMATION CONTACT: Viorica Petriman, Environmental 
Engineer, Air and Radiation Division, EPA, Region 2, at (212) 637-4021 
or at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we'', 
``us'', or ``our'' is used, we mean EPA. This SUPPLEMENTARY INFORMATION 
section is arranged as follows:

I. How can I get copies of this document and other related information?

    Docket. The EPA has established a docket for this action under 
Docket ID Number EPA-R02-OAR-2023-0522. Publicly available docket 
materials, including the final OCS air permit, the EPA's response to 
comments and all additional related information, are available 
electronically in the docket at https://www.regulations.gov.

II. Background

    On December 1, 2023, the EPA Region 2 proposed a draft OCS air 
permit (draft permit) to Empire Offshore Wind, LLC, to construct and 
operate an offshore wind farm on Renewable Energy Lease Area OCS-A 0512 
and requested public comment on the draft permit. During the public 
comment period, which ended on January 5, 2024, we received only one 
comment letter, from Empire Offshore Wind, LLC. The letter's comments 
addressed only very specific permit conditions and did not raise any 
substantial questions. The EPA carefully reviewed the comments from 
Empire Offshore Wind, LLC and made only minor revisions and/or updates 
to a limited number of the draft permit conditions, and on February 15, 
2024, issued the final OCS air permit in accordance with 40 CFR part 
55. The EPA provided to the commenter and all attendees at the January 
3, 2024 public hearing, among others, notice of this final permit 
issuance and information regarding the opportunity to appeal the final 
OCS air permit administratively by filing a petition with the 
Environmental Appeals Board (EAB) within thirty (30) days of the EPA's 
notice of the final permit decision, consistent with 40 CFR 124.19.
    40 CFR 124.19(l)(3)(ii) requires that the EPA provide notice in the 
Federal Register of any final agency action regarding OCS Air Permits 
issued pursuant to 40 CFR part 55.
    Section 307(b)(1) of the CAA provides for judicial review of the 
final agency action within sixty (60) days from the date on which 
notice of the action appears in the Federal Register. A petition to the 
EAB for administrative review is a prerequisite to seeking judicial 
review. 40 CFR 124.19(l). Since no such petitions for administrative 
review were submitted for the Empire Offshore Wind final OCS air 
permit, no judicial review for this final OCS air permit may be sought. 
Under section 307(b)(2) of the CAA, this determination to issue a final 
OCS air permit shall not be subject to later judicial review in civil 
or criminal proceedings for enforcement.

III. Effect of This Action

    Since changes were made from draft to the final permit, but no 
petition for review was filed with the EAB, the final OCS air permit 
became effective on March 16, 2024, consistent with 40 CFR 124.15(b). 
This final OCS air permit will expire as provided within its permit 
conditions.
    Authority: 42 U.S.C. 7401 et seq.

Lisa Garcia,
Regional Administrator, Region 2.
[FR Doc. 2024-10029 Filed 5-7-24; 8:45 am]
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