The dump haters lost another one
As you read this keep in mind that the CCSC and Waterloo Container's lawyer filed the same petition for SMI.
EPA denies Zero Waste’s petition
By DAVID L. SHAW firstname.lastname@example.org
4 hrs ago
 SENECA — Finger Lakes Zero Waste Coalition sought to reopen the debate on a 2012 air-quality permit issued to an electricity-generating plant at the Ontario County Landfill.
The U.S. Environmental Protection Agency’s response: No.
EPA Administrator Gina McCarthy denied FLZWC’s petition in a July 29 ruling.
FLZWC argued that the air-quality standards reflected in the permit should include emissions from not only the methane-fueled Seneca Energy II plant, but the landfill as well. The group argued that the two operations are under “common control” and should be considered together in setting air quality limits.
McCarthy disagreed, saying the group failed to demonstrate that the permit does not comply with Clean Air Act requirements.
“None of the petitioners arguments suffice to show that cause exists for the EPA to reopen the 2012 final permit,” McCarthy wrote. “The petitioner has not presented sufficient evidence, or even alleged, that the permit contains a material mistake related to emission standards or other terms or conditions of the permit, or that the permit must be revised or reopened to assure compliance with applicable requirements.
“Moreover, the information in the permit record does not support a determination that cause exists to reopen the 2012 final permit on these bases or on any other basis.”
FLZWC’s petition asked the EPA to reopen the Title V permit on the basis that there is a “rebuttable presumption” of common control when one entity locates on another entity’s property.
McCarthy stated that it was not clear whether the petition sought to reopen the permit or to object to the permit. She said there are numerous differences between the two petitions under the Clean Air Act.
In either case, McCarthy said her decision would be the same: denial.
FLZWC’s was given permission to object to the permit in June 2015 after the EPA determined that the state Department of Environmental Conservation record was inadequate to support its conclusion that the Seneca Energy II plant and the landfill were not under common control. The EPA directed the DEC to provide more documentation to support its conclusion that the two facilities are not under common control. That information was provided in October 2015.
Before the EPA could rule on that documentation, FLZWC filed its petition in February 2016.
Zero Waste officials did not respond to requests for comment.