[Federal Register Volume 69, Number 118 (Monday, June 21, 2004)]
[Rules and Regulations]
[Pages 34301-34302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-13933]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 70
[Regional Docket Nos. II-2002-03, -04, -12; FRL -7776-3]
Clean Air Act Operating Permit Program; Petitions for Objection
to State Operating Permits for Sirmos Division of Bromante; the New
York City Transit Authority's East New York Bus Depot; and the New York
Organic Fertilizer Company
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: Sirmos Division of Bromante Corp. (Sirmos) in Long Island
City, NY; New York City Transit Authority's (NYCTA) East NY Bus Depot
in Brooklyn, NY; and New York Organic Fertilizer Company's (NYOFCO)
sludge pelletization facility in the Bronx, 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 Sirmos, the NYCTA, and
NYFCO 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. Sirmos
On April 11, 2002, the EPA received a petition from NYPIRG,
requesting that EPA object to the issuance of the title V operating
permit for Sirmos. The petition raises issues regarding the permit
application, the permit issuance process, and the permit itself. NYPIRG
asserts that: (1) The permit was issued without adequate opportunity
for public comment through a public hearing; (2) the permit is based on
an inadequate permit application; (3) the permit lacks an adequate
statement of basis; (4) the permit distorts the annual certification
requirements; (5) the permit does not require prompt reporting of all
deviations; (6) the permit's startup/shutdown, malfunction,
maintenance, and upset provision violates part 70; (7) the emergency
defense provision is in violation of 40 CFR 70.6(g); (8) the permit
lacks federally enforceable conditions that govern the procedures for
permit renewal; and (9) the permit lacks monitoring that is sufficient
to assure the facility's compliance with all applicable requirements
and many individual permit conditions are not practicably enforceable.
On May 24, 2004, the Administrator issued an order partially granting
and partially denying the petition on Sirmos. The order explains the
reasons behind EPA's conclusion that the NYSDEC must reopen the permit
to: (1) Include adequate monitoring to assure
[[Page 34302]]
compliance with the facility's opacity limits; (2) include periodic
monitoring to assure compliance with the VOC handling, storage and
disposal requirements of 6 NYCRR section 228.10; and (3) indicate the
environmental rating for each air contaminant from each emission source
as required under 6 NYCRR section 212.2. The order also explains the
reasons for denying NYPIRG's remaining claims.
II. NYCTA
On May 16, 2002, the EPA received a petition from NYPIRG,
requesting that EPA object to the issuance of the title V operating
permit for the NYCTA's East New York Bus Depot facility. NYPIRG raises
8 of the 9 issues raised in the Sirmos petition (all except for issue
7, above). On May 24, 2004, 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) hold permittee responsible for complying with the sulfur-in-
fuel limit; (2) require daily inspection of solvent storage containers
to ensure compliance with 6 NYCRR section 226; (3) require periodic
monitoring for opacity during operation of the spray paint booths to
assure compliance with 6 NYCRR section 228; (4) require periodic
testing for VOC content of surface coating materials to assure
compliance with 6 NYCRR section 228; and (5) address an old PM emission
limit that applies to any oil fired stationary combustion installation.
The order also explains the reasons for denying NYPIRG's remaining
claims.
III. NYOFCO
On October 4, 2002, the EPA received a petition from NYPIRG,
requesting that EPA object to the issuance of the title V operating
permit for the NYOFCO's sludge pelletization facility. NYPIRG raises 7
of the 9 issues raised in the Sirmos petition (issues 2 through 6, 8,
and 9, above). In addition, NYPIRG raises four additional issues in the
petition for NYOFCO: (1) NYSDEC violated the public participation and
record requirements; (2) the permit incorrectly states that the
facility is not subject to new source review; (3) the permit fails to
include an adequate compliance schedule; and (4) the final permit
contains errors that were noted in a document presented by NYPIRG and
local community groups to NYSDEC Region 2. On May 24, 2004, 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) add to the ``federal-
side'' of the permit the SIP-approved ``excuse'' provision of 6 NYCRR
section 201.5(e); (2) add opacity requirements pursuant to 6 NYCRR
section 212.6 or explain why NYOFCO is not subject to this requirement;
(3) add particulate matter requirements pursuant to 6 NYCRR section
212.4(b) or explain why NYOFCO is not subject to this requirement; (4)
for the sulfur-in-fuel provision, correct the citation to the SIP-
approved requirement, explain that certain requirements came from the
previously issued State permit to construct and certificate to operate,
and add monitoring based on fuel supplier reports; and (5) revise the
mercury provision to specify the emission limitation and the required
periodic monitoring. The order also explains the reasons for denying
NYPIRG's remaining claims.
Dated: June 8, 2004.
Jane M. Kenny,
Regional Administrator, Region 2.
[FR Doc. 04-13933 Filed 6-18-04; 8:45 am]
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