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