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

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 allocatedto eligible units from each new unit setaside (NUSA) under the FIPs arecalculated 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 NO X 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 NO X Ozone Season allowances in sources’ Allowance Management System accounts. This notice ofavailability may concern CSAPRaffected units in the following states: Alabama, Arkansas, Florida, Georgia, Illinois, Indiana, Iowa, Kentucky,