[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 NO<INF>X</INF> 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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