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EPA ISSUES NESHAP (HAZ AIR EMISSIONS) FINAL RULE FOR LANDFILLS
DEC ISSUES GUIDANCE ON SUSPENDING PERMIT TIME FRAMES
PROPOSED FARMERSVILLE LANDFILL COMPANY DECLARES BANKRUPTCY
NEW YORK TO REVISE STATE SOLID WASTE MANAGEMENT PLAN
DEC REVISES RULES FOR LAND SPREADING OF SLUDGE
OTHER SOLID WASTE NEWS

Landfills in the news and related solid waste policy news

EPA ISSUES FINAL NESHAP RULE FOR MSW LANDFILLS

A final NESHAP for MSW landfills imposes more stringent regular and deviation reporting and SSM plan requirements than NSPS/EG rules, which are otherwise incorporated into the final rule. The NESHAP makes it a violation of the Clean Air Act to fail to report any action that is inconsistent with the landfill’s Startup, Shutdown and Malfunction (SSM) plan within 2 working days followed by a letter within 7 working days of the event. 68 Fed.Reg. 2227 (Jan. 16, 2003).

The landfill NESHAP applies to landfills that are “either: (1) A major source of HAP; (2) collocated with a major source of HAP; (3) an area source with a design capacity greater than or equal to 2.5 million Mg and 2.5 million cubic meters and with estimated uncontrolled NMOC emissions equal to or greater than 50 Mg/yr; or (4) an active area source landfill with a design capacity greater than or equal to 2.5 million Mg and 2.5 million cubic meters that operates an anaerobic bioreactor, as defined in the final rule.” 68 Fed.Reg. at 2229. See sections 63.1935 through 63.1945 of the final rule.

Compliance with the NESHAP is required immediately for landfills that have installed a collection and control system as required by the NSPS. Existing landfills must comply with the final rule by January 16, 2004. NSPS Landfills with Title V permits have 18 months to reopen the permit to incorporate the NESHAP. Landfills in the process of obtaining a Title V permit must now supplement the information in their application.

DEC ISSUES NEW GUIDANCE ON PERMIT SUSPENSION
On Nov. 27, 2002, the DEC issued a guidance document setting forth the conditions and procedures it will use to suspend permit review and time frames. Under the Uniform Procedures Act, implemented at 6 NYCRR Part 621, time periods are prescribed for a Complete Application Determination, a Determination to Convene a Public Hearing, and a Final Decision on Permit Issuance. A completeness determination, for example, is due to the applicant within 15 days for a state permit, such as a Part 360 permit to construct and operate a landfill, and within 60 days for a federally delegated permit, such as a SPDES discharge permit under the Clean Water Act or a Title V operating permit under the Clean Air Act. If the applicant does not receive either the determination or a notice of intent to deny the permit, the application is deemed complete and moves forward in the permitting process.

Under the policy guidance, federally delegated permits for major projects will be suspended upon notice to the applicant requesting its consent to suspend, if consent is given. The review process is again suspended until, following a completeness determination, the applicant submits proof of publication of a public notice. This presumably suspends the 60 days from the time of the completeness determination for holding a public hearing. (Part 621.7). Without the applicant’s consent, an adjudicatory hearing suspends the DEC’s duty to decide whether to issue a permit until 60 days following receipt of the completed hearing record. This provision can be expected to impose considerable delay on the review process, as adjudicatory hearings may be repeatedly adjourned and parties may request the record be kept open for some time following a hearing. As with landfills, where financial assurance is required of the applicant for an environmental permit, the permit decision is suspended until such assurance is actually provided. Where the DEC is not the lead agency preparing an environmental impact statement under SEQRA, but a local or other agency takes that role, the DEC's final decision on a permit can be indefinitely delayed, until the lead agency submits a final EIS.

PROPOSED FARMERSVILLE LANDFILL COMPANY DECLARES BANKRUPTCY
Southern Tier Waste Services has declared bankruptcy to avoid foreclosure on 440 acres in Farmersville where it plans to locate a 3,000 ton-per-day MSW landfill. STWS purchased Integrated Waste Systems of Buffalo, the applicant for a Part 360 landfill permit, in 1999 in a bank sale for one dollar, and IWS asserts it retains an option to purchase the land back from STWS once a permit is obtained. The IWS application continues to be processed by the DEC, which has notified the company final staff comments on the application will be returned in February, following which a public hearing may be scheduled.

NEW YORK TO REVISE STATE SOLID WASTE MANAGEMENT PLAN
Draft New York State Solid Waste Management Plan 2001/2002 Update is available for review at the nine DEC Regional Offices, the DEC's Central Office, and a number of depository libraries Statewide. A March 10, 2003 at 2:00 PM at the DEC's Central Office in Albany, and comments must be directed to the DEC no later than March 17, 2003.

DEC REVISES RULES FOR LAND SPREADING OF SLUDGE
Effective March 10, 2003, Part 360 rules (subsections 4 and 5) governing the composting and land spreading of sewage and residential septage sludge and food wastes are revised to be consistent with the federal biosolids program.

OTHER SOLID WASTE NEWS
The Riverhead Town Board (Suffolk Co.) as lead agency has determined a new solid waste and C&D transfer station in the town will have no significant environmental impact. Comments must be directed to the DEC no later than Jan. 31, 2003.

Sterilogic Waste Systems proposes a new regulated medical waste transfer station in DeWitt (Onon. Co.). No lead agency has been designated. Comments must be directed to the DEC no later than Jan. 31, 2003.

The Brighton Town Board (Monroe Co.) as lead agency has determined that adding a composting facility on top of the town's former landfill will have no significant environmental impact. Comments must be directed to the DEC no later than Jan. 31, 2003.

Waste Management of New York proposes to add 59 acres to its High Acres Landfill in the Town of Perinton (Monroe Co.), increasing the permitted life of its current 3500 tons-per-day landfill 8-9 years. A draft EIS is available for review, and comments must be directed to the DEC no later than Feb. 14, 2003.

A draft renewal permit for Waste Management of New York's CWM hazardous waste landfill in the Towns of Lewiston and Porter (Niagara Co.) is available for public comment. Last June CWM's Model City landfill (also Niagara Co.) was fined by the EPA a second time for failing to visually inspect 180 large capacitors containing cancer-causing polychlorinated biphenyls above the levels that legally could be accepted at the landfill, and Waste Management's chaffee Landfill is current the subject of litigation for numerous environmental violations. Public meetings at which the DEC will answer questions will be held on Feb. 4, 2003 from 3:00 PM to 5:00 PM and from 7:00 PM to 9:00 PM at the Town of Porter Town Hall, 3265 Creek Road, Youngstown, New York. Comments must be directed to the DEC no later than March 3, 2003.

The NYC Dept. of Sanitation is proposing a 3,600 ton-per-year composting facility at Soundview Park, on the 12-acre site of a former landfill, located off Randall Avenue in the Bronx.  The comment period closed Jan. 10, 2003.

The NYC Dept. of Sanitation is proposing a 3,600 ton-per-year composting facility at Spring Creek  Park, on the 20-acre site of a former landfill, located southeast of the intersection of Fountain and Flatlands Avenues, Brooklyn.  The comment period closed Jan. 10, 2003.

Mahar Excavating proposes to dispose of residential septage by land application on an additional 16 acre field owned by Sylvia Mahar located at 8505 Chapman Road, approximately 2000 feet east of Hartland Road in the Town of Hartland (Niagara Co.). Comments must be directed to the DEC no later than Jan. 27 2003.

The shutdown of three engines at the Oceanside Landfill in January 1, 2002 at the Oceanside Landfill Gas Recovery Facility has led the facility to apply for certified emission reduction credits for 15.86 tons per year of NOx. The comment period closed Jan. 17, 2003.

The shutdown of two engines at the Old Bethpage Landfill in January 1, 2002 at the Old Bethpage Landfill Gas Recovery Facility has led the facility to apply for certified emission reduction credits for 25.06 tons per year of NOx. The comment period closed Jan. 17, 2003.

Finne Brothers Refuse Systems applied for a 500 ton-per-day C&D processing facility at Bedford Hills (Westchester Co.). The comment period closed Jan. 17, 2003.

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--Gary Abraham
Concerned Citizens of Cattaraugus County, Inc.
http://concernedcitizens.homestead.com