[Federal Register: October 29, 2003 (Volume 68, Number 209)]
[Notices]
[Page 61661-61662]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29oc03-33]
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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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