[Federal Register Volume 72, Number 7 (Thursday, January 11, 2007)]
[Notices]
[Page 1320]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-251]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8267-5]


Clean Air Act Operating Permit Program; Petition for Objection to 
State Operating Permit for Denver Regional Landfill South, Weld County, 
CO

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final order on 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 a Clean Air Act 
(Act) title V operating permit issued by the Colorado Department of 
Public Health and Environment (CDPHE). Specifically, the Administrator 
has denied the March 9, 2006 petition submitted by Rocky Mountain Clean 
Air Action and Jeremy Nichols (Petitioners) to object to the March 1, 
2006 operating permit issued to Denver Regional Landfill South (DRLS).
    Pursuant to section 505(b)(2) of the Act, a petitioner may seek 
judicial review of EPA's denial of a petition 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 8 Office, 999 18th 
Street, Suite 200, Denver, Colorado 80202-2466, and following the 
relocation of Region 8 at 1595 Wynkoop Street, Denver, Colorado 80202-
1129. EPA requests that if at all possible, you contact the individual 
listed in the FOR FURTHER INFORMATION CONTACT section to view the 
copies of the final order, the petition, and other supporting 
information. You may view the hard copies Monday through Friday, 8 a.m. 
to 4 p.m., excluding Federal holidays. If you wish to examine these 
documents, you should make an appointment at least 24 hours before 
visiting. Additionally, the final order for Denver Regional Landfill 
South is available electronically at: http://www.epa.gov/region7/programs/artd/air/title5/petitiondb/petitiondb2006.htm.

FOR FURTHER INFORMATION CONTACT: Christopher Razzazian, Office of 
Partnership and Regulatory Assistance, EPA, Region 8, 999 18th Street, 
Suite 200, Denver, Colorado 80202-2466, (303) 312-6648, 
[email protected].

SUPPLEMENTARY INFORMATION: The Act affords EPA a 45-day period to 
review, and object to, as appropriate, a title V operating permit 
proposed by a state permitting authority. Section 505(b)(2) of the Act 
authorizes any person to petition the EPA Administrator, within 60 days 
after the expiration of the EPA review period, to object to a title V 
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 March 9, 2006, EPA received a petition from Petitioners 
requesting that EPA object to the title V operating permit for Denver 
Regional Landfill South. The request was based on various allegations 
related to permit-specific procedural and substantive issues. The 
following is a summary of the main objections raised by the 
Petitioners: (1) Colorado did not respond to significant comments 
Petitioners raised during a second comment period on the permit, which 
resulted in deficiencies in the permit; (2) the operating permit fails 
to ensure compliance with the New Source Performance Standards (NSPS) 
for municipal solid waste landfills; (3) the operating permit fails to 
ensure compliance with startup, shutdown, and malfunction plan 
requirements in relation to the control of hazardous air pollutants; 
and (4) the operating permit contains an inappropriate exemption from 
emission limits during upset conditions and thus, fails to ensure 
compliance with applicable requirements related to NAAQS and PSD 
increments.
    On December 22, 2006, the Administrator issued an order denying the 
petition. The order explains the reasons behind EPA's conclusion to 
deny the petition for objection on all grounds.

    Dated: December 28, 2006.
Robert E. Roberts,
Regional Administrator, Region 8.
 [FR Doc. E7-251 Filed 1-10-07; 8:45 am]
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