Notice2024-10029
Issuance of Outer Continental Shelf Air Permit for Empire Offshore Wind, LLC; Notice of Final Action
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 8, 2024
Effective
March 16, 2024
Issuing agencies
Environmental Protection Agency
Abstract
This notice announces that the EPA issued a final Outer Continental Shelf (OCS) air permit decision under section 328 of the Clean Air Act (CAA) and the implementing Outer Continental Shelf (OCS) air regulations of the Code of Federal Regulations (CFR) for Empire Offshore Wind, LLC to construct and operate an offshore wind farm. This final permit is for the construction and operation of the Empire Wind Project, an offshore wind farm located on the OCS within Renewable Energy Lease Area OCS-A 0512 about 12 nautical miles south of Long Island, New York, and 17 nautical miles east of Long Branch, New Jersey.
Full Text
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<title>Federal Register, Volume 89 Issue 90 (Wednesday, May 8, 2024)</title>
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[Federal Register Volume 89, Number 90 (Wednesday, May 8, 2024)]
[Notices]
[Page 38897]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-10029]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-R02-OAR-2023-0522; FRL 11887-01-R2]
Issuance of Outer Continental Shelf Air Permit for Empire
Offshore Wind, LLC; Notice of Final Action
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of final action.
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SUMMARY: This notice announces that the EPA issued a final Outer
Continental Shelf (OCS) air permit decision under section 328 of the
Clean Air Act (CAA) and the implementing Outer Continental Shelf (OCS)
air regulations of the Code of Federal Regulations (CFR) for Empire
Offshore Wind, LLC to construct and operate an offshore wind farm. This
final permit is for the construction and operation of the Empire Wind
Project, an offshore wind farm located on the OCS within Renewable
Energy Lease Area OCS-A 0512 about 12 nautical miles south of Long
Island, New York, and 17 nautical miles east of Long Branch, New
Jersey.
DATES: The EPA issued OCS air permit No. OCS-EPA-R2 NY 01 to Empire
Offshore Wind, LLC on February 15, 2024. The permit became effective on
March 16, 2024.
FOR FURTHER INFORMATION CONTACT: Viorica Petriman, Environmental
Engineer, Air and Radiation Division, EPA, Region 2, at (212) 637-4021
or at <a href="/cdn-cgi/l/email-protection#91e1f4e5e3f8fcf0ffbfe7f8fee3f8f2f0d1f4e1f0bff6fee7"><span class="__cf_email__" data-cfemail="92e2f7e6e0fbfff3fcbce4fbfde0fbf1f3d2f7e2f3bcf5fde4">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we'',
``us'', or ``our'' is used, we mean EPA. This SUPPLEMENTARY INFORMATION
section is arranged as follows:
I. How can I get copies of this document and other related information?
Docket. The EPA has established a docket for this action under
Docket ID Number EPA-R02-OAR-2023-0522. Publicly available docket
materials, including the final OCS air permit, the EPA's response to
comments and all additional related information, are available
electronically in the docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
II. Background
On December 1, 2023, the EPA Region 2 proposed a draft OCS air
permit (draft permit) to Empire Offshore Wind, LLC, to construct and
operate an offshore wind farm on Renewable Energy Lease Area OCS-A 0512
and requested public comment on the draft permit. During the public
comment period, which ended on January 5, 2024, we received only one
comment letter, from Empire Offshore Wind, LLC. The letter's comments
addressed only very specific permit conditions and did not raise any
substantial questions. The EPA carefully reviewed the comments from
Empire Offshore Wind, LLC and made only minor revisions and/or updates
to a limited number of the draft permit conditions, and on February 15,
2024, issued the final OCS air permit in accordance with 40 CFR part
55. The EPA provided to the commenter and all attendees at the January
3, 2024 public hearing, among others, notice of this final permit
issuance and information regarding the opportunity to appeal the final
OCS air permit administratively by filing a petition with the
Environmental Appeals Board (EAB) within thirty (30) days of the EPA's
notice of the final permit decision, consistent with 40 CFR 124.19.
40 CFR 124.19(l)(3)(ii) requires that the EPA provide notice in the
Federal Register of any final agency action regarding OCS Air Permits
issued pursuant to 40 CFR part 55.
Section 307(b)(1) of the CAA provides for judicial review of the
final agency action within sixty (60) days from the date on which
notice of the action appears in the Federal Register. A petition to the
EAB for administrative review is a prerequisite to seeking judicial
review. 40 CFR 124.19(l). Since no such petitions for administrative
review were submitted for the Empire Offshore Wind final OCS air
permit, no judicial review for this final OCS air permit may be sought.
Under section 307(b)(2) of the CAA, this determination to issue a final
OCS air permit shall not be subject to later judicial review in civil
or criminal proceedings for enforcement.
III. Effect of This Action
Since changes were made from draft to the final permit, but no
petition for review was filed with the EAB, the final OCS air permit
became effective on March 16, 2024, consistent with 40 CFR 124.15(b).
This final OCS air permit will expire as provided within its permit
conditions.
Authority: 42 U.S.C. 7401 et seq.
Lisa Garcia,
Regional Administrator, Region 2.
[FR Doc. 2024-10029 Filed 5-7-24; 8:45 am]
BILLING CODE 6560-50-P
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