[Federal Register Volume 66, Number 111 (Friday, June 8, 2001)]
[Notices]
[Page 30904]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-14482]


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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 NO<INF>X</INF> and SO<INF>2</INF> 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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