[Federal Register Volume 69, Number 40 (Monday, March 1, 2004)]
[Rules and Regulations]
[Pages 9557-9558]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4463]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 70

[Regional Docket Nos. II-2002-13-A; FRL-7627-6]


Clean Air Act Operating Permit Program; Petition for Objection to 
State Operating Permit for the Al Turi Landfill

AGENCY: Environmental Protection Agency (EPA).

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

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SUMMARY: This document announces that the EPA Administrator has 
responded to a citizen petition asking EPA to object to an operating 
permit issued to a facility by the New York State Department of 
Environmental Conservation (NYSDEC). Specifically, the Administrator 
has partially granted and partially denied the petition submitted by 
the New York Public Interest Research Group (NYPIRG) to object to the 
State operating permit issued to the following facility: Al Turi 
Landfill in Goshen, NY.
    Pursuant to section 505(b)(2) of the Clean Air Act (Act), 
Petitioner may seek judicial review of those 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 
other supporting 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 Al Turi Landfill is available 
electronically at: http://www.epa.gov/region07/programs/artd/air/title5/petitiondb/petitions/al_turi_decision2002.pdf.

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 the State operating 
permit 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 4, 2002, the EPA received a petition from NYPIRG, 
requesting that EPA object to the issuance of the title V operating 
permit for Al Turi Landfill. The petition raises issues regarding the 
permit application, the permit issuance process, and the permit itself. 
NYPIRG asserts that: (1) the permit does not comply with 40 CFR part 70 
because the permit's expiration limits the effective date of many 
permit conditions; and (2) the final permit fails to correct 
deficiencies noted in NYPIRG's comments to NYSDEC on the draft Al Turi 
permit, including that (i) the permit is based on an inadequate permit 
application in violation of 40 CFR 70.5(c); (ii) the permit is not 
supported by an adequate statement of basis as required by 40 CFR 
70.7(a)(5); (iii) the permit fails to specify whether or not the 
facility must submit an accidental release plan under section 112(r) of 
the

[[Page 9558]]

CAA, 42 U.S.C. 7412(r); (iv) the permit distorts the annual compliance 
certification requirement of section 114(a)(3) of the CAA, 42 U.S.C. 
7414(a)(3), and 40 CFR 70.6(c)(5); (v) the permit does not require 
prompt reporting of all deviations from permit requirements as mandated 
by 40 CFR 70.6(a)(3)(iii)(B); (vi) the permit's startup/shutdown, 
malfunction, maintenance, and upset provision violates 40 CFR part 70; 
(vii) the permit has an inadequate compliance schedule in violation of 
40 CFR 70.5(c)(8) and 70.6(c)(3); and (viii) the permit does not assure 
compliance with all applicable requirements as mandated by 40 CFR 
70.1(b) and 70.6(a)(1) because many individual permit conditions lack 
adequate periodic monitoring and are not practically enforceable.
    On January 30, 2004, the Administrator issued an order partially 
granting and partially denying the petition on the Al Turi Landfill. 
The order explains the reasons behind EPA's conclusion that the NYSDEC 
must reopen the permit to: (1) Include the New York State 
Implementation Plan (SIP) version of the provision that allows the 
NYSDEC Commissioner to excuse certain unavoidable start-up, 
maintenance, and malfunction violations per criteria set in 6 
N.Y.C.R.R. section 201.5; (2) clarify how the requirement to maintain 
and repair emission control equipment applies to the equipment located 
at the neighboring gas conversion facility; (3) clarify how the 
requirement regarding reintroduction of air contaminants from an air 
control device to outside air applies to the control equipment at the 
neighboring gas conversion facility; and (4) clarify that the internal 
combustion engines serving as control devices are ``enclosed 
combustors'' rather than ``other control devices,'' that the 
requirements for the enclosed combustors apply to these engines, and 
that there are no ``other control devices'' in use for control of 
landfill gas emissions from this landfill. The order also explains the 
reasons for denying NYPIRG's remaining claims. In conjunction with the 
reopening, EPA has directed NYSDEC to add Maximum Achievable Control 
Technology (MACT) requirements and to re-examine whether or not the 
landfill and the gas conversion facility must be treated as a single 
source for non-attainment New Source Review, Prevention of Significant 
Deterioration, and title V applicability purposes.

    Dated: February 20, 2004.
Kathleen C. Callahan,
Acting Regional Administrator, Region 2.
[FR Doc. 04-4463 Filed 2-27-04; 8:45 am]
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