[Federal Register Volume 70, Number 54 (Tuesday, March 22, 2005)]
[Notices]
[Pages 14463-14464]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-5615]
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ENVIRONMENTAL PROTECTION AGENCY
[Regional Docket Nos. II-2002-09, II-2003 -01, II-2003 -02; FRL-7887-8]
Clean Air Act Operating Permit Program; Petitions for Objection
to State Operating Permits for Bristol-Myers Squibb Co. Inc.; Eastman
Kodak Co., Kodak Park Facility; and Eastman Kodak Co., Kodak Power and
Steam Generation 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 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 three petitions submitted by
the New York Public Interest Research Group (NYPIRG) to object to the
state operating permits issued to Bristol-Myers Squibb Co. Inc.,
Eastman Kodak Co., Kodak Park Facility, and Eastman Kodak Co., Kodak
Power and Steam Generation Plant. 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 are available
electronically at: http://www.epa.gov/region07/programs/artd/air/title5/petitiondb/petitiondb.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 such issues during the
comment period or the grounds for the issues arose after this period.
I. Bristol-Myers Squibb
On September 12, 2002, the EPA received a petition from NYPIRG,
requesting that EPA object to the issuance of the title V operating
permit for Bristol-Myers Squibb Co., Inc. (BMS). On February 18, 2005,
the Administrator issued an order partially granting and partially
denying the BMS petition. The order explains the reasons behind EPA's
conclusion that the NYSDEC must: (1) Explain in the statement of basis
the scope of the Operational Flexibility Plan and the part
[[Page 14464]]
70 provisions it implements; re-open the permit to ensure that
conditions 6, 7, and 8 are consistent with the requirements of part 70
and NYSDEC's approved title V program; and revise the permit to clarify
that changes made at the BMS facility pursuant to the Operational
Flexibility Plan shall not be eligible for the permit shield; (2)
revise the ``general permittee obligations'' section of the permit
relative to the annual compliance certification requirements; and (3)
add appropriate periodic monitoring in certain permit conditions. The
order also explains EPA's reasons for denying NYPIRG's remaining
claims.
II. Kodak Park
On April 1, 2003, the EPA received a petition from NYPIRG,
requesting that EPA object to the issuance of the title V operating
permit for the Eastman Kodak Co., Kodak Park Facility. On February 18,
2005, the Administrator issued an order partially granting and
partially denying the Kodak Park petition. The order explains the
reasons behind EPA's conclusion that the NYSDEC must: (1) Explain in
the statement of basis the scope of the Operational Flexibility Plan
and the part 70 provisions it implements; re-open the permit to ensure
that condition 8 is consistent with the requirements of part 70 and
NYSDEC's approved title V program; and revise the permit to clarify
that changes made at the Kodak facility pursuant to the Operational
Flexibility Plan shall not be eligible for the permit shield; (2)
revise the ``general permittee obligations'' section of the permit
relative to the annual compliance certification requirements; (3) add
appropriate periodic monitoring in certain permit conditions; and (4)
move the sulfur dioxide provisions of 6 NYCRR 212.4(a) for U-00063 to
the federal/state side of the permit. The order also explains EPA's
reasons for denying NYPIRG's remaining claims.
III. Kodak Power
On April 1, 2003, the EPA received a petition from NYPIRG,
requesting that EPA object to the issuance of the title V operating
permit for the Eastman Kodak Co., Kodak Power and Steam Generation
Plant. On February 18, 2005, the Administrator issued an order
partially granting and partially denying the Kodak Power petition. The
order explains the reasons behind EPA's conclusion that the NYSDEC must
reopen the permit to: (1) Explain in the statement of basis the scope
of the Operational Flexibility Plan and the part 70 provisions it
implements; re-open the permit to ensure that condition 8 is consistent
with the requirements of part 70 and NYSDEC's approved title V program;
and revise the permit to clarify that changes made at the Kodak
facility pursuant to the Operational Flexibility Plan shall not be
eligible for the permit shield; and (2) revise the ``general permittee
obligations'' section of the permit relative to the annual compliance
certification requirements. The order also explains EPA's reasons for
denying NYPIRG's remaining claims.
Dated: March 10, 2005.
George Pavlou,
Acting Deputy Regional Administrator, Region 2.
[FR Doc. 05-5615 Filed 3-21-05; 8:45 am]
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