Jump to main content.

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

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

 
PDF Version (1 pp, 66K, About PDF)


[Federal Register: August 6, 2008 (Volume 73, Number 152)]
[Notices]
[Page 45768]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06au08-63]

-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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) NOX 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]
BILLING CODE 6560-50-P

 
 

Local Navigation

Jump to main content.