[Federal Register Volume 67, Number 145 (Monday, July 29, 2002)]
[Notices]
[Pages 49021-49022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-19107]


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ENVIRONMENTAL PROTECTION AGENCY

[Petition IV-2001-2; FRL-7252-1]


Clean Air Act Operating Permit Program; Petition for Objection to 
State Operating Permit for Dougherty County Landfill, Flemming/Gaissert 
Road Facility; Albany (Dougherty 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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SUMMARY: Pursuant to Clean Air Act section 505(b)(2) and 40 CFR 
70.8(d), the EPA Administrator signed an order, dated July 3, 2002, 
denying a petition to object to a state operating permit issued by the 
Georgia Environmental Protection Division (EPD) to Dougherty County 
Landfill, Flemming/Gaissert Road Facility (Dougherty) located in 
Albany, Dougherty 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 document under section 307 
of the Act.

[[Page 49022]]


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/dougherty_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 Dougherty. The Petitioner 
maintains that the Dougherty permit is inconsistent with the Act 
because of: (1) Inadequate reporting requirements related to 
monitoring; (2) the permit's apparent limitation of enforcement 
authority; (3) inadequate public notice procedures; and (4) the 
permit's apparent limitation of credible evidence.
    On July 3, 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 Dougherty permit is 
not in compliance with the requirements of the Act on the grounds 
raised.

    Dated: July 19, 2002.
A. Stanley Meiburg,
Deputy Regional Administrator, Region 4.
[FR Doc. 02-19107 Filed 7-26-02; 8:45 am]
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