[Federal Register: March 24, 2003 (Volume 68, Number 56)]
[Rules and Regulations]
[Page 14163-14164]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24mr03-17]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 70
[Regional Docket Nos. II-2001-02, -06, -07; FRL-7472-1]
Clean Air Act Operating Permit Program; Petitions for Objection
to State Operating Permits for Consolidated Edison Company's 74th
Street Station; the Danskammer Generating Station; and the Lovett
Generating Station
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of final orders on petitions to object to three State
operating permits.
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SUMMARY: This document announces that the EPA Administrator has
responded to three citizen petitions asking 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 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: Consolidated Edison's 74th Street Station in New York, NY;
Dynegy Northeast Generation's Danskammer Generating Station in
Newburgh, NY; and Mirant New York's Lovett Generating Station in
Tomkins Cove, 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 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 for the Con Edison 74th
Street Station, the Danskammer Generating Station, and the Lovett
[[Page 14164]]
Generating Station are 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 74th Street Station
On May 14, 2001, the EPA received a petition from NYPIRG,
requesting that EPA object to the issuance of the title V operating
permit for the Consolidated Edison 74th Street Station. The petition
raises issues regarding the permit application, the permit issuance
process, and the permit itself. NYPIRG asserts that: (1) 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 monitoring and are not practically
enforceable; (2) DEC violated the public participation requirements of
40 CFR 70.7(h) by inappropriately denying NYPIRG's request for a public
hearing; (3) the permit is based on an incomplete permit application in
violation of 40 CFR 70.5(c); (4) the permit is accompanied by an
insufficient statement of basis as required by 40 CFR 70.7(a)(5); (5)
the permit distorts the annual compliance certification requirement of
Clean Air Act section 114(a)(3) and 40 CFR 70.6(c)(5); (6) 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; and (7) the
permit does not require prompt reporting of all deviations from permit
requirements as mandated by 40 CFR 70.6(a)(3)(iii)(B).
On February 19, 2003, the Administrator issued an order partially
granting and partially denying the petition on the Con Edison 74th
Street Station. The order explains the reasons behind EPA's conclusion
that the NYSDEC must reopen the permit to: (1) Include annual tune-ups
and necessary parametric monitoring to ensure the turbines' compliance
with their NOX RACT emission limits; (2) revise
recordkeeping provisions to require that records relating to sulfur
monitoring be kept for five years; (3) include appropriate conditions
for particulate matter monitoring that meets the requirements of Sec.
70.6(a)(3)(i)(B); (4) include record keeping and reporting requirements
with regard to the use of architectural coatings and sealers; (5) note
the existence and applicability of the Episodic Action Plan; and (6)
incorporate ``Appendix A'' of the opacity consent order. The order also
explains the reasons for denying NYPIRG's remaining claims.
NYPIRG raises each of the above seven issues, except for the public
hearing issue, in the petitions for the Danskammer Generating Station
and the Lovett Generating Station, as well. In the Danskammer
Generating Station petition, NYPIRG raises five additional issues: (1)
The permit lacks federally enforceable conditions that govern the
procedures for permit renewal; (2) the permit fails to include
federally enforceable emission limits established under pre-existing
permits; (3) the permit does not properly include CAA section 112(r)
requirements; (4) the permit improperly describes the annual compliance
certification due date; and (5) the permit does not assure Danskammer's
compliance with applicable sulfur dioxide (SO2) emission
limitations. In the petition on the Lovett Generating Station, NYPIRG
raises three additional issues: (1) The proposed permit lacks a
compliance schedule designed to bring the Lovett Generating Station
into compliance with PSD requirements; (2) the proposed permit fails to
include federally enforceable emission limits established under pre-
existing permits; and (3) the proposed permit does not correctly
include the CAA section 112(r) requirements. In each of these
petitions, the issue on monitoring is subdivided into several detailed
points, some of which are permit-specific and some of which are shared
among the other permits.
II. Danskammer Generating Station
On December 10, 2001, the EPA received a petition from NYPIRG,
requesting that EPA object to the issuance of the title V operating
permit for the Danskammer Generating Station, on the grounds listed
above. On February 14, 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) Specify normal operating ranges for ESP
parameters and (2) delete language allowing digital recording of COM
data to be replaced by manual recording. The order also explains the
reasons for denying NYPIRG's remaining claims.
III. Lovett Generating Station
On November 26, 2001, the EPA received a petition from NYPIRG,
requesting that EPA object to the issuance of the title V operating
permit for the Lovett Generating Station, on the grounds listed above.
On February 19, 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) Incorporate opacity monitoring to assure compliance with New
York State regulations at 6 NYCRR section 211.3; and (2) incorporate
all necessary requirements from the opacity consent order. The order
also explains the reasons for denying NYPIRG's remaining claims.
Dated: March 6, 2003.
Jane M. Kenny,
Regional Administrator, Region 2.
[FR Doc. 03-7049 Filed 3-21-03; 8:45 am]
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