HOPEWELL — The Finger Lakes Zero Waste Coalition has petitioned the U.S. Second Circuit Court of Appeals for a review of an order denying its request to reopen Seneca Energy II’s Title V air quality permit.
The Ontario County Board of Supervisors’ Environmental Quality Committee will hear about it at its regular meeting Wednesday afternoon.
The FLZWC requested the court review the July 29 decision by U.S. Environmental Protection Agency Administrator Gina McCarthy not to reopen deliberations on the landfill gas to energy plant’s permit issued by the state Department of Environmental Conservation in 2012.
The FLZWC claims there is an issue involving common control of emissions when one entity locates on another entity’s property. The Seneca Energy II plant is on the property of the Ontario County Landfill.
The FLZWC argued that the emissions from the two facilities should be combined for air quality permit purposes. The county said they should be considered separately.
The EPA, in June 2015, determined that the DEC’s record was inadequate to support its conclusion that the two facilities were not under common control. The EPA directed the DEC to explain what case specific facts and factors it considered as part of its determination analysis.
In October 2015, the DEC provided a document to the EPA citing how it came to its determination the two were not under common control.
The FLZWC petitioned the EPA in February to reopen the permit discussions. That request was denied in July, with the EPA saying the FLZWC did not present sufficient evidence to support its claim of common control.
That denial is now being appealed to federal court.
Also on Wednesday’s agenda:
• The committee will consider a motion to apply to the state DEC for a $20,000 grant to assist with e-waste.
• County Planning Director Tom Harvey will update the committee on proposed revisions to the state’s solid-waste-disposal regulations.