80 FR 55061 - Petition for Objection to State Operating Permit; NY; Seneca Energy II, LLC

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 177 (September 14, 2015)

Page Range		55061-55061
FR Document		2015-23076

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.

Federal Register, Volume 80 Issue 177 (Monday, September 14, 2015)

[Federal Register Volume 80, Number 177 (Monday, September 14, 2015)]
[Proposed Rules]
[Page 55061]
From the Federal Register Online  [www.thefederalregister.org]
[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

Federal Register / Vol. 80, No. 177 / Monday, September 14, 2015 / Proposed Rules 55061

Technology Transfer and Advancement Department of Environmental Dated: August 26, 2015.
Act of 1995 (15 U.S.C. 272 note) because Conservation (DEC) to Seneca Energy II, Catherine McCabe,
application of those requirements would LLC (Seneca) relating to the Ontario Deputy Regional Administrator.
be inconsistent with the CAA; and, County Landfill Gas-to-Energy Facility [FR Doc. 2015–23076 Filed 9–11–15; 8:45 am]
• Does not provide EPA with the (Facility) in western New York. Sections BILLING CODE 6560–50–P
discretionary authority to address, as 307(b) and 505(b)(2) of the CAA provide
appropriate, disproportionate human that the petitioner may ask for judicial
health or environmental effects, using review by the United States Court of ENVIRONMENTAL PROTECTION
practicable and legally permissible Appeals for the appropriate circuit of AGENCY
methods, under Executive Order 12898 those portions of the Order that deny
[FRL–9933–86–OAR]
(59 FR 7629, February 16, 1994). objections raised in the petition.
The SIP is not approved to apply on DATES: Any such petition for review of 40 CFR Part 97
any Indian reservation land or in any this Order must be received by
other area where EPA or an Indian tribe November 13, 2015 pursuant to section Allocations of Cross-State Air
has demonstrated that a tribe has 307(b) of the CAA. Pollution Rule Allowances From New
jurisdiction. In those areas of Indian ADDRESSES: You may review copies of Unit Set-Asides for 2015 Control
country, the rule does not have tribal the final Order, the petitions, and other Periods
implications and will not impose supporting information during normal AGENCY: Environmental Protection
substantial direct costs on tribal business hours at EPA Region 2, 290 Agency (EPA).
governments or preempt tribal law as Broadway, New York, New York. If you
specified by Executive Order 13175 (65 ACTION: Notice of data availability
wish to examine these documents, you
FR 67249, November 9, 2000). should make an appointment at least 24 (NODA).
hours before the visiting day. SUMMARY: The Environmental Protection
List of Subjects in 40 CFR Part 52
Additionally, the final Order is available Agency (EPA) is providing notice of the
Environmental protection, Air electronically at: http://www.epa.gov/ availability of preliminary lists of units
pollution control, Carbon monoxide, region7/air/title5/petitiondb/petitions/ eligible for allocations of emission
Incorporation by reference, seneca_response2012.pdf. allowances under the Cross-State Air
Intergovernmental relations, FOR FURTHER INFORMATION CONTACT: Pollution Rule (CSAPR). Under the
Greenhouse gases, Lead, Nitrogen Steven Riva, Chief, Permitting Section, CSAPR federal implementation plans
dioxide, Ozone, Particulate matter, Air Programs Branch, Clean Air and (FIPs), portions of each covered state’s
Reporting and recordkeeping Sustainability Division, EPA, Region 2, annual emissions budgets for each of the
requirements, Sulfur oxides, Volatile 290 Broadway, 25th Floor, New York, four CSAPR emissions trading programs
organic compounds. New York 10007, telephone (212) 637– are reserved for allocation to electricity
Authority: 42 U.S.C. 7401 et seq 4074, email address: Riva.Steven@ generating units that commenced
Dated: September 1, 2015.
epa.gov, or the above EPA Region 2 commercial operation on or after
address. January 1, 2010 (new units) and certain
Debra H. Thomas,
SUPPLEMENTARY INFORMATION: The CAA other units not otherwise obtaining
Acting Regional Administrator, Region 8.
affords the EPA a 45-day period to allowance allocations under the FIPs.
[FR Doc. 2015–23075 Filed 9–11–15; 8:45 am]
review, and object to, as appropriate, a The quantities of allowances allocated
BILLING CODE 6560–50–P to eligible units from each new unit set-
title V operating permit proposed by a
state permitting authority. Section aside (NUSA) under the FIPs are
505(b)(2) of the CAA authorizes any calculated in an annual one- or two-
ENVIRONMENTAL PROTECTION
person to petition the EPA round allocation process. EPA
AGENCY
Administrator, within 60 days after the previously completed the first round of
40 CFR Part 70 expiration of this review period, to NUSA allowance allocations for the
object to a Title V operating permit if 2015 control periods for all four CSAPR
[Regional Docket No. II–2012–01; FRL– the EPA has not done so. Petitions must trading programs and is now making
9933–81–Region 2] be based only on objections to the available preliminary lists of units
permit that were raised with reasonable eligible for allocations in the second
Petition for Objection to State
specificity during the public comment round of the NUSA allocation process
Operating Permit; NY; Seneca Energy
period provided by the state, unless the for the CSAPR NOX Ozone Season
II, LLC
petitioner demonstrates that it was Trading Program. EPA has posted a
AGENCY: Environmental Protection impracticable to raise these issues spreadsheet containing the preliminary
Agency (EPA). during the comment period or that the lists on EPA’s Web site. EPA will
ACTION: Notice of final action. grounds for the objection or other issues consider timely objections to the lists of
arose after this period. The claims are eligible units contained in the
SUMMARY: Pursuant to Clean Air Act described in detail in Section IV of the spreadsheet and will promulgate a
(CAA) Section 505(b)(2) and 40 CFR Order. In summary, the issues raised are document responding to any such
70.8(d), the Environmental Protection that: (1) The Title V permit does not objections no later than November 15,
Agency (EPA) Administrator signed an consider the Ontario County Landfill 2015, the deadline for recording the
tkelley on DSK3SPTVN1PROD with PROPOSALS

Order, dated June 29, 2015, granting in (Landfill) and the Facility a single second-round allocations of CSAPR
part and denying in part a petition filed source even though they together meet NOX Ozone Season allowances in
by Gary A. Abraham on behalf of Finger the 3-factor source determination test; sources’ Allowance Management
Lakes Zero Waste Coalition, Inc. (dated and (2) the Facility’s Title V permit is System accounts. This notice of
December 22, 2012) asking the EPA to a ‘‘sham permit.’’ The EPA’s rationale availability may concern CSAPR-
object to the Title V operating permit for partially granting and partially affected units in the following states:
(Permit No. 8–3244–00040/00002) denying the claims raised in the petition Alabama, Arkansas, Florida, Georgia,
issued by the New York State are described in the Order. Illinois, Indiana, Iowa, Kentucky,

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Document Created: 2018-02-26 10:14:53
Document Modified: 2018-02-26 10:14:53

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Notice of final action.
Dates		Any such petition for review of this Order must be received by November 13, 2015 pursuant to section 307(b) of the CAA.
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,
FR Citation		80 FR 55061