
[Federal Register Volume 81, Number 174 (Thursday, September 8, 2016)]
[Notices]
[Pages 62123-62124]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21614]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 70

[Regional Docket No. II-2016-01; FRL-9952-01-Region 2]


Petition To Reopen 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 July 29, 2016, denying a petition filed by Finger Lakes 
Zero Waste Coalition, Inc., dated February 8, 2016, asking the EPA to 
``reopen'' 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-

[[Page 62124]]

Energy Facility in western New York. The process by which the EPA may 
initiate the reopening process for such a title V permit is explained 
at 40 CFR 70.7(g)(1).

DATES: Any such petition for review of this Order filed under the CAA 
must be received by November 7, 2016 pursuant to section 307 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.

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: In the context of a petition to reopen, the 
threshold determination is the Administrator's ``find[ing] that cause 
exists to terminate, modify, or revoke and reissue a permit'' pursuant 
to 40 CFR 70.7(f). If, and only if, the Administrator makes that 
finding, the EPA ``will notify'' the relevant entities to initiate the 
reopening process. In light of the discretionary threshold finding 
applicable to reopening for cause by the EPA, a petition to reopen a 
title V permit should present evidence (e.g., factual information, 
citation, analysis) explaining why there is cause to reopen the title V 
permit pursuant to 40 CFR 70.7(f). In this instance, the Petitioner has 
not presented sufficient evidence that the title V permit fails to 
comply with the CAA, or that it should be reopened for cause pursuant 
to 40 CFR 70.7(f).

    Dated: August 29, 2016.
Catherine McCabe,
Acting Regional Administrator, Region 2.
[FR Doc. 2016-21614 Filed 9-7-16; 8:45 am]
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