Federal Register / Vol. 69, No. 216 / Tuesday, November 9, 2004 / Notices 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 semiannually 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] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRC–7835–1] 

Notice of Disclosure of Confidential 

Business Information Obtained Under 

the Comprehensive Environmental 

Response, Compensation and Liability 

Act to EPA Contractor Techlaw, 

Incorporated and its Subcontractors

AGENCY: Environmental Protection 

Agency.

ACTION: Notice, request for comment.

SUMMARY: The U.S. Environmental 

Protection Agency (‘‘EPA’’) hereby 

complies with the requirements of 40 

CFR 2.310(h) for authorization to 

disclose to TechLaw, Inc. of San 

Francisco, California, and its 

subcontractors, Superfund confidential 

business information (‘‘CBI’’) submitted 

to EPA Region 9.

DATES: Comments may be submitted by 

November 24, 2004.

64926 Federal Register / Vol. 69, No. 216 / Tuesday, November 9, 2004 / Notices 

ADDRESSES: Comments should be sent 

to: Environmental Protection Agency, 

Region 9, Peggy De La Torre (PMD–8), 

75 Hawthorne Street, San Francisco, CA 

94105.

FOR FURTHER INFORMATION CONTACT:

Peggy De La Torre, Policy & 

Management Division, Environmental 

Protection Agency, Region 9, 75 

Hawthorne Street, San Francisco, CA 

94105, (415) 972–3717. 

Notice of Required Determinations, 

Contract Provisions and Opportunity to 

Comment: The Comprehensive 

Environmental Response, 

Compensation, and Liability Act of 1980 

(‘‘CERCAL’’) as amended, (commonly 

known as ‘‘Superfund’’) requires 

completion of enforcement activities at 

Superfund sites in concert with other 

site events. EPA has entered into a 

contract, No. GS–10F–0168J, delivery 

order No. 0901, with TechLaw, Inc. for 

Superfund Enforcement Support 

Services-Emergency Response 

Enforcement (‘‘SESS9–ERE’’). These 

services will be provided to EPA by 

SAIC and its subcontractors: Jonas and 

Associates, Inc. of Martinez, CA and 

PPC Land Consultants, Inc. of Dixon, 

CA. EPA has determined that disclosure 

of CBI to SAIC employees, and its 

subcontractors’ employees, is necessary 

in order that SAIC may carry out the 

work required by that contract with 

EPA. The information EPA intends to 

disclose includes submissions made by 

Potentially Responsible Parties to EPA 

in accordance with EPA’s enforcement 

activities at Superfund sites. The 

information would be disclosed to the 

contractor and its subcontractor for any 

of the following reasons: to assist with 

document handling, inventory, and 

indexing; to assist with document 

review and analysis; to verify 

completeness; and to provide technical 

review of submittals. The contract 

complies with all requirements of 40 

CFR 2.310(h)(2). EPA Region 9 will 

require that each SAIC employee and 

subcontractor employee sign a written 

agreement that he or she: (1) Will use 

the information only for the purpose of 

carrying out the work required by the 

contract, (2) shall refrain from 

disclosing the information to anyone 

other than EPA without prior written 

approval of each affected business or of 

an EPA legal office, and (3) shall return 

to EPA all copies of the information 

(and any abstracts or extracts therefrom) 

upon request from the EPA program 

office, whenever the information is no 

longer required by SAIC and its 

subcontractors for performance of the 

work required by the contract or upon 

completion of the contract or 

subcontract.

Dated: October 25, 2004. 

Nancy Lindsay, 

Deputy Director, Superfund Division, Region 

9.

[FR Doc. 04–24925 Filed 11–8–04; 8:45 am] 

BILLING CODE 6560–50–M

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–7836–2] 

Workshop on Lead in Drinking Water 

in Schools and Child Care Facilities

AGENCY: Environmental Protection 

Agency.

ACTION: Notice.

SUMMARY: The U.S. Environmental 

Protection Agency (EPA) is holding a 

workshop to discuss issues concerning 

lead in drinking water in schools and 

child care facilities. The EPA recognizes 

that lead in drinking water most often 

occurs within the distribution system 

and the Agency is especially concerned 

about its effects on vulnerable 

populations, such as children. The EPA 

is hosting this workshop to discuss 

experiences and options with national 

experts in drinking water and children’s 

health and education. The workshop 

participants will discuss best practices 

to promote awareness and water testing 

in schools and child care facilities, 

linkages between water suppliers and 

school officials, school and child care 

facilities participation in voluntary 

programs, and the Lead and Copper 

Rule and Lead Contamination Control 

Act as they apply to schools and child 

care facilities. The EPA has been 

working with the Department of 

Education to plan this event.

DATES: The workshop will be held on 

December 7, 2004, 8:30 a.m. to 5:30 p.m. 

Eastern time.

ADDRESSES: The workshop will be held 

at the Wyndham Washington Hotel, 

1400 M Street NW., Washington, DC 

20005.

FOR FURTHER INFORMATION CONTACT: To 

attend this workshop as an observer 

registration is required. Attendance as 

an observer is limited to the first 50 

people to register. To register by phone, 

please contact Sarah Koppel at 202–

564–3859, or register by e-mail at 

koppel.sarah@epa.gov. For 

administrative meeting information and 

technical information contact Lisa 

Christ, Office of Water, Office of Ground 

Water and Drinking Water, U.S. EPA, 

1200 Pennsylvania Ave., NW., (MC 

4606M), Washington, DC 20460, at 202–

564–8354 or by e-mail at 

christ.lisa@epa.gov.

SUPPLEMENTARY INFORMATION: There is 

no charge for attending this workshop as 

an observer, but seats are limited, so 

register as soon as possible. Any person 

needing special accommodations at the 

meeting, including wheelchair access, 

should make this known at the time of 

registration.

Dated: November 1, 2004. 

Cynthia C. Dougherty, 

Director, Office of Ground Water and Drinking 

Water.

[FR Doc. 04–24922 Filed 11–8–04; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–7835–4] 

Air Quality Criteria Document for Lead

AGENCY: Environmental Protection 

Agency.

ACTION: Notice; call for information.

SUMMARY: The U.S. Environmental 

Protection Agency (EPA) Office of 

Research and Development’s National 

Center for Environmental Assessment 

(NCEA) is updating and revising, where 

appropriate, the Air Quality Criteria for 

Lead, EPA–600/8–83/028aF–dF, 

published in June 1986, and the 

associated supplement (EPA–600/8–89/

049F) published in 1990. Interested 

parties are invited to assist the EPA in 

developing and refining the scientific 

information base for updating the Air 

Quality Criteria for Lead by submitting 

research studies that have been 

published, accepted for publication, or 

presented at a public scientific meeting.

DATES: The sixty-day period for 

submission of this information begins 

November 15, 2004, and ends January 

15, 2005.

ADDRESSES: Information may be 

submitted electronically, by mail, by 

facsimile, or by hand delivery/courier. 

Please follow the detailed instructions 

as provided in the section of this notice 

entitled SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: For 

details on the period for submission of 

research information from the public, 

contact the Office of Environmental 

Information Docket; telephone: 202–

566–1752; facsimile: 202–566–1753; or 

e-mail: ORD.Docket@epa.gov. 

For technical information, contact 

Robert Elias, Ph.D., NCEA, facsimile: 

919–541–1818 or e-mail: 

elias.robert@epa.gov.