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

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and, 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

The SIP is not approved to apply on 

any Indian reservation land or in any 

other area where EPA or an Indian tribe 

has demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the rule does not have tribal 

implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, 

Greenhouse gases, Lead, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Authority: 42 U.S.C. 7401 et seq 

Dated: September 1, 2015. 

Debra H. Thomas, 

Acting Regional Administrator, Region 8. 

[FR Doc. 2015–23075 Filed 9–11–15; 8:45 am] 

BILLING CODE 6560–50–P 

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. 

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: Riva.Steven@

epa.gov, 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 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9933–86–OAR] 

40 CFR Part 97 

Allocations of Cross-State Air 

Pollution Rule Allowances From New 

Unit Set-Asides for 2015 Control 

Periods 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of data availability 

(NODA). 

SUMMARY: The Environmental Protection 

Agency (EPA) is providing notice of the 

availability of preliminary lists of units 

eligible for allocations of emission 

allowances under the Cross-State Air 

Pollution Rule (CSAPR). Under the 

CSAPR federal implementation plans 

(FIPs), portions of each covered state’s 

annual emissions budgets for each of the 

four CSAPR emissions trading programs 

are reserved for allocation to electricity 

generating units that commenced 

commercial operation on or after 

January 1, 2010 (new units) and certain 

other units not otherwise obtaining 

allowance allocations under the FIPs. 

The quantities of allowances allocated 

to eligible units from each new unit setaside (NUSA) under the FIPs are 

calculated in an annual one- or tworound allocation process. EPA 

previously completed the first round of 

NUSA allowance allocations for the 

2015 control periods for all four CSAPR 

trading programs and is now making 

available preliminary lists of units 

eligible for allocations in the second 

round of the NUSA allocation process 

for the CSAPR NOX Ozone Season 

Trading Program. EPA has posted a 

spreadsheet containing the preliminary 

lists on EPA’s Web site. EPA will 

consider timely objections to the lists of 

eligible units contained in the 

spreadsheet and will promulgate a 

document responding to any such 

objections no later than November 15, 

2015, the deadline for recording the 

second-round allocations of CSAPR 

NOX Ozone Season allowances in 

sources’ Allowance Management 

System accounts. This notice of 

availability may concern CSAPRaffected units in the following states: 

Alabama, Arkansas, Florida, Georgia, 

Illinois, Indiana, Iowa, Kentucky, 


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