[Federal Register Volume 73, Number 152 (Wednesday, August 6, 2008)]
[Notices]
[Page 45768]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-18141]



[[Page 45768]]

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ENVIRONMENTAL PROTECTION AGENCY

[Regional Docket No. II-2005-07; FRL-8701-3]


Clean Air Act Operating Permit Program--Petition for Objection to 
State Operating Permit for Pouch Terminal Plant

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final decision concerning State operating permit.

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SUMMARY: This document announces the EPA Administrator's decision, 
responding to a petition submitted by the office of James P. Molinaro, 
President of the Borough of Staten Island, New York, requesting that 
EPA object to an operating permit issued by the New York State 
Department of Environmental Conservation (NYSDEC) to the New York Power 
Authority's Pouch Terminal plant. The petition, requesting an objection 
to the issuance of the Pouch Terminal title V permit is denied.
    Pursuant to section 505(b)(2) of the Clean Air Act (Act), 
Petitioner may seek judicial review of any portions of the petition 
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 order, the petition, and 
all relevant 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 order for the Pouch Terminal plant is 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.
    On October 26, 2005, the EPA received a petition from the office of 
James P. Molinaro, President of the Borough of Staten Island, New York, 
requesting that EPA object to the issuance of the title V operating 
permit for the Pouch Terminal facility based on the following 
allegations: (1) NYPA performed an environmental impact statement (EIS) 
for the site only because a lawsuit was brought against it by the 
community, and ignored the Sun Chemical company in performing the EIS; 
(2) statements made by applicant, regarding the facility's projected 
hours of operation, are conflicting; (3) NO<INF>X</INF> and CO emission 
limits originally pledged by NYPA are absent in the permit; (4) the 
public was not informed of the facility's documented air emission 
violations until after the public hearing; (5) amendment of the title V 
application to include ``less restrictive'' air emissions limitations 
was effected without any public involvement, and enforcement action 
against the facility, through two consent orders, involved no public 
participation; (6) DEC ignored the known industry fact that startups 
and shutdowns are the worst case situations; (7) acknowledgment by DEC 
of the facility's air emissions violations was due to the fact that 
this information was about to be divulged in the newspaper; (8) 
eighteen months passed before a DEC enforcement action was instituted 
for the violations to the facility's operating air permit; (9) the 
community living across the street from the plant should receive any 
and all information on environmental violations occurring at the 
facility; (10) in response to the facility's 18-month violations, NYPA 
provided no explanation why it stated ``No Action is Needed''; (11) the 
air emissions under the proposed draft title V permit were less 
stringent than those under the state facility air permit; (12) it took 
a long time, 22 months, following the public hearing/comment period, 
before DEC released its Responsiveness Summary; and (13) DEC allowed 
more than 18 months, too long a time span, for the ``shakedown'' 
period. The Petitioner has requested that EPA object to the issuance of 
the Pouch Terminal permit, pursuant to CAA section 505(b)(2) and 40 CFR 
70.8(d), for any or all of the above reasons.
    On June 23, 2008, the Administrator issued an order denying the 
petition on the Pouch Terminal plant. The order explains EPA's reasons 
for denying petitioner's claims.

    Dated: July 25, 2008.
Alan J. Steinberg,
Regional Administrator, Region 2.
 [FR Doc. E8-18141 Filed 8-5-08; 8:45 am]
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