[Federal Register: July 15, 2002 (Volume 67, Number 135)]
[Proposed Rules]
[Page 46439-46440]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15jy02-24]
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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 hofmeister.art@epa.gov.
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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