[Federal Register: June 8, 2001 (Volume 66, Number 111)]
[Notices]
[Page 30904]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08jn01-52]
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ENVIRONMENTAL PROTECTION AGENCY
[Docket A-2001-13; FRL 6992-9]
Clean Air Act Operating Permit Program; Petitions for Objection
to State Operating Permit for Orange Recycling and Ethanol Production
Facility Pencor-Masada Oxynol, LLC; Orange County; Middletown, NY
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of final order on petitions to object to State operating
permit.
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SUMMARY: This document announces that the EPA Administrator has
partially granted and partially denied petitions to object to a State
operating permit issued by the New York State Department of
Environmental Conservation (NYSDEC) to the Orange Recycling and Ethanol
Production Facility (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 those portions of the petitions which EPA denied in
the United States Court of Appeals for the appropriate circuit within
60 days of this decision under 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 the following
address: http://www.epa.gov/region07/programs/artd/air/title5/
petitiondb/petitions/masada_decision2000.pdf
FOR FURTHER INFORMATION CONTACT: Steven C. 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.
Between June and September, 2000, the EPA received 35 petitions
from 29 different petitioners, requesting that EPA object to the
issuance of the title V operating permit to the Facility owned and
operated by Masada and located in the city of Middletown, Orange
County, New York. Robert C. LaFleur, president of Spectra Environmental
Group, Inc. (Spectra), submitted the most detailed petition. Spectra's
petition raised many of the same issues posed by other petitioners.
Other petitions were submitted by Lois Broughton, Wanda Brown, Louisa
and George Centeno with Leslie Mongilia, Maria Dellasandro, R. Dimieri,
Lori Dimieri, Dawn Evesfield, Marvin Feman, Deborah Glover, Anne
Jacobs, Barbara Javalli-Lesiuk, Marie Karr, June Lee, Ruth MacDonald,
Bernice Mapes, Donald Maurizzio, Alice Meola, Daniel Nebus, Jeanette
Nebus, Mr. and Mrs. Hillary Ragin, M. Schoonover, Mildred Sherlock,
LaVinnie Sprague, Matthew Sprague, Hubert van Meurs, Alfred and
Catherine Viggiani, Paul Weimer and Leonard Wodka.
The petitions with respect to this facility raised a number of
distinct claims, characterized as either administrative/public
participation issues or technical/regulatory issues. The petitioners
alleged that the NYSDEC did not comply with the applicable public
participation requirements in issuing the Masada permit because NYSDEC
did not: (1) Notify the public of the extended opportunity for comment;
(2) make available to the public requisite information necessary to
review the permit; (3) offer the public an opportunity to comment on
significant changes to the draft permit; (4) properly inform the public
of its right to petition to the EPA Administrator; (5) substantively
review public comments; (6) grant requests for a second public hearing,
and (7) translate the public notices and key documents for the non-
English speaking members of the community. The petitioners also assert
that the Masada permit did not comply with the applicable technical/
regulatory requirements in that the permit: (1) Fails to assure
compliance with major source preconstruction permitting requirements
under the Act; (2) does not assure compliance with several allegedly
applicable federal emissions standards, (3) omits required provisions
governing chemical accident prevention requirements, namely section
112(r) of the Act and EPA's implementing regulations at 40 CFR part 68,
and (4) does not comply with the Executive Order 12898 on environmental
justice.
On May 2, 2001, the Administrator issued an order partially
granting and partially denying the petitions. The order explains the
reasons behind EPA's conclusion that NYSDEC must provide an opportunity
for public review of certain operational requirements in the final
permit issued to Masada, namely the methodology which limits the
potential annual emissions of NOX and SO2 from
the facility. The order also requires the inclusion of certain
provisions of the New Source Performance Standards (NSPS) for
Industrial, Commercial and Institutional Steam Generating Units,
specifically the applicable reporting and recordkeeping requirements of
NSPS Subpart Db. The order provides an explanation on the reasons for
denying the petitioners' remaining claims.
Date: May 24, 2001.
William J. Muszynski,
Acting Regional Administrator, Region 2.
[FR Doc. 01-14482 Filed 6-7-01; 8:45 am]
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