[Federal Register Volume 84, Number 100 (Thursday, May 23, 2019)]
[Notices]
[Pages 23788-23789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10818]


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ENVIRONMENTAL PROTECTION AGENCY

[Regional Docket No. II-2016-3; FRL-9993-76-Region 2]


Clean Air Act Operating Permit Program; Petitions on State 
Operating Permit for Hyland Landfill

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final Order on Petitions on Clean Air Act title V 
operating permit.

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SUMMARY: The Environmental Protection Agency (EPA) Administrator signed 
an Order dated April 10, 2019 denying two Petitions, each dated March 
21, 2016, from Gudrun Scott and from Frederick Sinclair on behalf of 
the Concerned Citizens of Allegany County (CCAC). The Petitions relate 
to a Clean Air Act (CAA) title V operating permit issued by the New 
York State Department of Environmental Conservation (NYSDEC) to Hyland 
Facility Associates for the Hyland Landfill located in Allegany County, 
New York.

ADDRESSES: The EPA requests that you contact the individual listed in 
the FOR FURTHER INFORMATION CONTACT section to view copies of the final 
Order, the Petitions, and other supporting information. You may review 
copies of the final Order, the Petitions, and other supporting 
information at the EPA Region 2 Office, 290 Broadway, 25th Floor, New 
York, New York 10007-1866.
    You may view the hard copies Monday through Friday, from 9:00 a.m. 
to 3:00 p.m., excluding federal holidays. If you wish to examine these 
documents, you should make an appointment at least 24 hours before the 
visiting day. Additionally, the final Order and Petitions are available 
electronically at: https://www.epa.gov/title-v-operating-permits/title-v-petition-database.

FOR FURTHER INFORMATION CONTACT: Suilin Chan, EPA Region 2, 212-637-
4019, Chan.Suilin@epa.gov.

SUPPLEMENTARY INFORMATION: The CAA affords the EPA a 45-day period to 
review and object to, as appropriate, operating permits proposed by 
state permitting authorities under title V of the CAA. Section 
505(b)(2) of the CAA authorizes any person to petition the EPA 
Administrator to object to a title V operating permit within 60 days 
after the expiration of the EPA's 45-day review period if the 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 unless the grounds for the issues arose 
after this period.
    The EPA received Petitions from Gudrun Scott and from Frederick 
Sinclair on behalf of the CCAC, each dated March 21, 2016, relating to 
the issuance of operating Permit No. 9-0232-00003/00012, issued by the 
NYSDEC to the Hyland Landfill, in Allegany County, New York. The Order 
more fully summarizes the issues raised in the Petitions. The Scott 
Petition expresses various concerns related to Hyland Landfill's 
acceptance of drill cuttings and other drilling wastes from natural gas 
drilling operations in Pennsylvania, and the possibility that the 
deposition of these wastes will ultimately result in air emissions of 
radon from the Hyland Landfill. The

[[Page 23789]]

CCAC Petition asserts that the permit contains a material mistake or 
that inaccurate statements were made in establishing the emissions 
standards or other terms or conditions of the permit.
    On April 10, 2019, the EPA Administrator issued an Order denying 
the Petitions. The Order explains the basis for the EPA's decision.
    Sections 307(b) and 505(b)(2) of the CAA provide that a petitioner 
may request judicial review of those portions of an order that deny 
issues in a title V petition. Any petition for review shall be filed in 
the United States Court of Appeals for the appropriate circuit no later 
than July 22, 2019.

    Dated: May 6, 2019.
Peter Lopez,
Regional Administrator, Region 2.
[FR Doc. 2019-10818 Filed 5-22-19; 8:45 am]
 BILLING CODE 6560-50-P


