[Federal Register Volume 67, Number 94 (Wednesday, May 15, 2002)]
[Notices]
[Pages 34706-34707]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12147]


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ENVIRONMENTAL PROTECTION AGENCY

[Regional Docket No. II-2001-05; FRL-7212-1]


Clean Air Act Operating Permit Program; Petitions for Objection 
to State Operating Permit for the Orange Recycling and Ethanol 
Production Facility of Pencor-Masada Oxynol, LLC

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final order on petitions to object to a State 
operating permit.

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SUMMARY: This document announces that the EPA Administrator has 
responded to several citizen petitions asking EPA to object to an 
operating permit issued by the New York State Department of 
Environmental Conservation (NYSDEC). Specifically, the Administrator 
has denied 14 petitions asking EPA to object to the State operating 
permit issued to the Orange Recycling and Ethanol Production Facility, 
proposed by Pencor-Masada Oxynol, LLC (Masada), for construction and 
operation in Middletown, NY.
    Pursuant to section 505(b)(2) of the Clean Air Act (Act), 
petitioners may seek judicial review of this petition

[[Page 34707]]

response in the United States Court of Appeals for the second 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 petitions, and 
other supporting information at the EPA, Region 2, 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. The 
final order is also available electronically at: http://www.epa.gov/region07/programs/artd/air/title5/petitiondb/petitiondb2001.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.
    In October and November 2001, the EPA received four petitions from 
14 different petitioners, requesting that EPA object to the issuance of 
the modified title V permit to Masada's facility. Specifically, we 
received separate petitions from Jeanette Nebus, Robert C. LaFleur, 
president of Spectra Environmental Group, Inc. (Spectra), and Deborah 
Glover. We also received a fourth petition with 11 signatories: Talkini 
Alves, Vidal Milland, Kristin Hannon, Bridgette Coppola, Nicole Young, 
Kathleen House, Campbell House, Susan Cohen, Debbie Carlisle, Roberta 
Constantino, and Elizabeth Collard.
    These petitions challenged a revised permit issued on October 1, 
2001, by NYSDEC for the Masada facility. NYSDEC revised the permit 
pursuant to a May 2, 2001 EPA order denying in part and granting in 
part prior title V petitions involving this facility. See 66 FR 30904, 
June 8, 2001. See also 
http://www.epa.gov/region07/programs /artd/air/title5/petitiondb/
petitions/masada_decision2000.pdf. In the new petitions challenging the 
adequacy of the permit revisions, the petitioners allege that (1) the 
permit fails to include the physical or operational limits necessary to 
properly limit the source's PTE; (2) the permit limits actual emissions 
instead of potential emissions; (3) the annual emissions limits are set 
too close to major thresholds; (4) the hourly emissions limits have too 
long an averaging period; (5) the consequences of deviations from or 
exceedances of permit limits are not severe enough; and (6) the 
inspection & maintenance measures for data from continuous emissions 
monitors (CEM) should be clarified. Additionally, the petitioners raise 
issues with respect to the applicable requirements of the Standards of 
Performance for Industrial-Commercial-Institutional Steam Generating 
Units (NSPS) Subpart Db and Executive Order 12898 on Environmental 
Justice. Some of the petitioners also repeat issues previously 
addressed in the May 2001 Order.
    On April 8, 2002, the Administrator issued an order denying the 
petitions. The order explains the reasons behind EPA's conclusion that 
petitioners have failed to demonstrate that Masada's permit does not 
assure compliance with the Act on the grounds raised.

    Dated: May 8, 2002.
Jane M. Kenny,
Regional Administrator, Region 2.
[FR Doc. 02-12147 Filed 5-14-02; 8:45 am]
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