[Federal Register Volume 67, Number 135 (Monday, July 15, 2002)]
[Proposed Rules]
[Pages 46439-46440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-17693]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 70

[Petition IV-2001-3; FRL-7245-6]


Clean Air Act Operating Permit Program; Petition for Objection to 
State Operating Permit for Seminole Road Landfill; Ellenwood (Dekalb 
County), GA

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final order on petition to object to a state 
operating permit.

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[[Page 46440]]

SUMMARY: Pursuant to Clean Air Act section 505(b)(2) and 40 CFR 
70.8(d), the EPA Administrator signed an order, dated June 5, 2002, 
denying a petition to object to a state operating permit issued by the 
Georgia Environmental Protection Division (EPD) to Seminole Road 
Landfill (Seminole Landfill) located in Ellenwood, Dekalb County, 
Georgia. This order constitutes final action on the petition submitted 
by the Georgia Center for Law in the Public Interest (GCLPI or 
Petitioner) on behalf of the Sierra Club. Pursuant to section 505(b)(2) 
of the Clean Air Act (the Act) any person may seek judicial review in 
the United States Court of Appeals for the appropriate circuit within 
60 days of this notice under section 307 of the Act.

ADDRESSES: Copies of the final order, the petition, and all pertinent 
information relating thereto are on file at the following location: EPA 
Region 4, Air, Pesticides and Toxics Management Division, 61 Forsyth 
Street, SW., Atlanta, Georgia 30303-8960. The final order is also 
available electronically at the following address: http://www.epa.gov/
region07/programs/artd/air/title5/petitiondb/petitions/seminole--
decision2001.pdf.

FOR FURTHER INFORMATION CONTACT: Art Hofmeister, Air Permits Section, 
EPA Region 4, at (404) 562-9115 or [email protected].

SUPPLEMENTARY INFORMATION: The Act affords EPA a 45-day period to 
review and, as appropriate, object to operating permits proposed by 
state permitting authorities under title V of the Act, 42 U.S.C. 7661-
7661f. Section 505(b)(2) of the Act and 40 CFR 70.8(d) authorize any 
person to petition the EPA Administrator to object to a title V 
operating permit within 60 days after the expiration of EPA's 45-day 
review period if EPA has not objected on its own initiative. 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.
    GCLPI submitted a petition on behalf of the Sierra Club to the 
Administrator on August 22, 2001, requesting that EPA object to a state 
title V operating permit issued by EPD to Seminole Landfill. The 
Petitioner maintains that the Seminole Landfill permit is inconsistent 
with the Act because of: (1) The inaccuracy of the permit application; 
(2) the incompleteness of the permit narrative and the permit itself; 
(3) the permit's apparent limitation of enforcement authority and 
credible evidence; (4) inadequate reporting requirements relating to 
monitoring; and (5) inadequate public notice procedures.
    On June 5, 2002, the Administrator issued an order denying this 
petition. The order explains the reasons behind EPA's conclusion that 
the Petitioner has failed to demonstrate that the Seminole Landfill 
permit is not in compliance with the requirements of the Act on the 
grounds raised.

    Dated: June 24, 2002.
A. Stanley Meiburg,
Deputy Regional Administrator, Region 4.
[FR Doc. 02-17693 Filed 7-12-02; 8:45 am]
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