[Federal Register Volume 80, Number 177 (Monday, September 14, 2015)]
[Proposed Rules]
[Page 55061]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-23076]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 70

[Regional Docket No. II-2012-01; FRL-9933-81-Region 2]


Petition for Objection to State Operating Permit; NY; Seneca 
Energy II, LLC

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final action.

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SUMMARY: Pursuant to Clean Air Act (CAA) Section 505(b)(2) and 40 CFR 
70.8(d), the Environmental Protection Agency (EPA) Administrator signed 
an Order, dated June 29, 2015, granting in part and denying in part a 
petition filed by Gary A. Abraham on behalf of Finger Lakes Zero Waste 
Coalition, Inc. (dated December 22, 2012) asking the EPA to object to 
the Title V operating permit (Permit No. 8-3244-00040/00002) issued by 
the New York State Department of Environmental Conservation (DEC) to 
Seneca Energy II, LLC (Seneca) relating to the Ontario County Landfill 
Gas-to-Energy Facility (Facility) in western New York. Sections 307(b) 
and 505(b)(2) of the CAA provide that the petitioner may ask for 
judicial review by the United States Court of Appeals for the 
appropriate circuit of those portions of the Order that deny objections 
raised in the petition.

DATES: Any such petition for review of this Order must be received by 
November 13, 2015 pursuant to section 307(b) of the CAA.

ADDRESSES: You may review copies of the final Order, the petitions, and 
other supporting information during normal business hours at EPA Region 
2, 290 Broadway, New York, New York. If you wish to examine these 
documents, you should make an appointment at least 24 hours before the 
visiting day. Additionally, the final Order is available electronically 
at: http://www.epa.gov/region7/air/title5/petitiondb/petitions/seneca_response2012.pdf.

FOR FURTHER INFORMATION CONTACT: Steven Riva, Chief, Permitting 
Section, Air Programs Branch, Clean Air and Sustainability Division, 
EPA, Region 2, 290 Broadway, 25th Floor, New York, New York 10007, 
telephone (212) 637- 4074, email address: [email protected], or the 
above EPA Region 2 address.

SUPPLEMENTARY INFORMATION: The CAA affords the EPA a 45-day period to 
review, and object to, as appropriate, a title V operating permit 
proposed by a state permitting authority. Section 505(b)(2) of the CAA 
authorizes any person to petition the EPA Administrator, within 60 days 
after the expiration of this review period, to object to a Title V 
operating permit if the 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 that the grounds for the 
objection or other issues arose after this period. The claims are 
described in detail in Section IV of the Order. In summary, the issues 
raised are that: (1) The Title V permit does not consider the Ontario 
County Landfill (Landfill) and the Facility a single source even though 
they together meet the 3-factor source determination test; and (2) the 
Facility's Title V permit is a ``sham permit.'' The EPA's rationale for 
partially granting and partially denying the claims raised in the 
petition are described in the Order.

    Dated: August 26, 2015.
Catherine McCabe,
Deputy Regional Administrator.
[FR Doc. 2015-23076 Filed 9-11-15; 8:45 am]
 BILLING CODE 6560-50-P