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ENB Region 9 Completed Applications 05/28/2008

Chautauqua County

Applicant:

Dunkirk Power LLC
211 Carnegie Center
Princeton, NJ 08540

Facility:

Dunkirk Steam Generating Station
106 Point Dr North
Dunkirk, NY 14048

Application ID:

9-0603-00021/00030

Permit(s) Applied for:

Article 19 Air Title V Facility

Project is Located:

Dunkirk, Chautauqua County


Project Description:

The Department (DEC) has prepared a Draft Permit and has made a tentative determination to approve this application for renewal and modification of the existing Air Title V Facility Permit for the permittee's Dunkirk Steam Generating Station located at 106 Point Drive North. Modifications to the Title V Permit include adding: State Acid Deposition Reduction Regulations, State Clean Air Interstate Rules, State Mercury Reduction Rule, Federal Compliance Assurance Monitoring Rule for particulates, and compliance requirements from an existing Order on Consent for alleged violations of the Title V Permit and allegations of operating with a deficient Title V Permit. The compliance requirements from the Order on Consent for alleged opacity violations have been incorporated into the draft permit with a schedule to install pollution control equipment. The Draft Permit also includes approval for the installation of new air pollution control equipment to meet the above regulations and compliance requirements.

In accordance with 6 NYCRR Parts 621.7(b)(9) and 201-6.4(c), the Administrator of the US Environmental Protection Agency has the authority to bar issuance of any Title V Facility Permit if it is determined not to be in compliance with applicable requirements of the Clean Air Act or 6 NYCRR Part 201.

Persons wishing to inspect the subject Title V files, including the application with all relevant supporting materials, the Draft Permit, and all other materials available to the DEC (the "permitting authority") that are relevant to this permitting decision should contact the DEC representative listed below. The Draft Permit and Permit Review Report may be viewed and printed from the DEC web site at: http://www.dec.ny.gov/chemical/32249.html.

DEC will evaluate the application and the comments received on it to determine whether to hold a public hearing. Comments and requests for a public hearing should be in writing and addressed to the DEC representative listed below. A copy of the DEC's permit hearing procedures is available upon request or on the DEC web site at: http://www.dec.ny.gov/permits/6234.html.

Availability of Application Documents:

Filed application documents, and Department draft permits where applicable, are available for inspection during normal business hours at the address of the contact person. To ensure timely service at the time of inspection, it is recommended that an appointment be made with the contact person.

State Environmental Quality Review (SEQR) Determination:

Project is not subject to SEQR because it is a Type II action.

SEQR Lead Agency: None Designated

State Historic Preservation Act (SHPA) Determination:

The proposed activity is not subject to review in accordance with SHPA. The permit type is exempt or the activity is being reviewed in accordance with federal historic preservation regulations.

Coastal Management:

This project is located in a Coastal Management area and is subject to the Waterfront Revitalization and Coastal Resources Act.

Opportunity for Public Comment:

Comments on this project must be submitted in writing to the Contact Person no later than Jun 30, 2008.

Contact:

David S Denk
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
r9dep@gw.dec.state.ny.us


Applicant:

Dunkirk Power LLC
211 Carnegie Center
Princeton, NJ 08540

Facility:

Dunkirk Steam Generating Station
106 Point Dr North
Dunkirk, NY 14048

Application ID:

9-0603-00021/00035

Permit(s) Applied for:

Article 19 Title IV (Phase II Acid Rain)

Project is Located:

Dunkirk, Chautauqua County


Project Description:

The Department (DEC) has prepared a Draft Permit and has made a tentative determination to approve this application for renewal of the existing Acid Rain Title IV Permit for the applicant's Dunkirk Steam Generating Station located at 106 Point Drive North. The Title IV Permit is required by 40 CFR Part 72 and will allow the US Environmental Protection Agency (EPA) and DEC to continue to enforce the requirements of the Acid Rain Program. Emissions will not increase as a result of the Title IV Permit renewal. The applicant will be required to have sufficient sulfur dioxide (SO2) allowances in its possession to cover SO2 emissions from this facility. The applicant shall submit annual compliance certification reports to EPA and DEC. The applicant shall monitor, maintain and certify monitoring systems for opacity, SO2 emissions, nitrogen oxide emissions, carbon monoxide emissions, oxygen emissions and volumetric flow rates in accordance with the requirements of 40 CFR Part 75.

Persons wishing to inspect the subject Title IV files, including the application with all relevant supporting materials, the Draft Permit, and all other materials available to the DEC (the "permitting authority") that are relevant to this permitting decision should contact the DEC representative listed below.

DEC will evaluate the application and the comments received on it to determine whether to hold a public hearing. Comments and requests for a public hearing should be in writing and addressed to the DEC representative listed below. A copy of the DEC's permit hearing procedures is available upon request or on theDEC web site at: http://www.dec.ny.gov/permits/6234.html.

Availability of Application Documents:

Filed application documents, and Department draft permits where applicable, are available for inspection during normal business hours at the address of the contact person. To ensure timely service at the time of inspection, it is recommended that an appointment be made with the contact person.

State Environmental Quality Review (SEQR) Determination:

Project is not subject to SEQR because it is a Type II action.

SEQR Lead Agency: None Designated

State Historic Preservation Act (SHPA) Determination:

The proposed activity is not subject to review in accordance with SHPA. The permit type is exempt or the activity is being reviewed in accordance with federal historic preservation regulations.

Coastal Management:

This project is located in a Coastal Management area and is subject to the Waterfront Revitalization and Coastal Resources Act.

Opportunity for Public Comment:

Comments on this project must be submitted in writing to the Contact Person no later than Jun 30, 2008.

Contact:

David S Denk
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
r9dep@gw.dec.state.ny.us


Applicant:

Bemus Point Investments LLC
12434 Cedar Rd Ste 3
Cleveland, OH 44106

Facility:

Bemus Bay Condominiums
Lakeside Ave
Bemus Point, NY

Application ID:

9-0636-00199/00003

Permit(s) Applied for:

Section 401 - Clean Water Act Water Quality Certification
Article 15 Title 15 Water Supply
Article 15 Title 5 Excavation & Fill in Navigable Waters

Project is Located:

Ellery, Chautauqua County


Project Description:

The applicant proposes installation of a complete water supply and distribution system to serve the new Bemus Bay Condominiums and the taking of a supply of water in amounts estimated to average 7,440 gallons per day (gpd)(16,000 gpd maximum daily demand) from 2 wells having tested capacities of 20 gallons per minute (gpm) each. Both wells are installed to a depth of 400 feet and draw from a deep confined aquifer. The applicant also proposes installation of two dry hydrants, non-pressurized pipe system installed in Chautauqua Lake that provides a suction supply of water to fire department tank trucks, and enlarging an existing 12-inch stormwater outfall to Chautauqua Lake to an 18-inch outfall. The 40-unit (two buildings, 20 three-bedroom units in each) condominium development is located on approximately 3-acres of land on Lakeside Avenue in the Village of Bemus Point near the Hotel Lenhart.

Availability of Application Documents:

Filed application documents, and Department draft permits where applicable, are available for inspection during normal business hours at the address of the contact person. To ensure timely service at the time of inspection, it is recommended that an appointment be made with the contact person.

State Environmental Quality Review (SEQR) Determination:

Project is an Unlisted Action and will not have a significant impact on the environment. A Negative Declaration is on file. A coordinated review was performed.

SEQR Lead Agency: Bemus Point Village Planning Board

State Historic Preservation Act (SHPA) Determination:

A cultural resources survey has been completed. Based on information provided in the survey report, the New York State Office of Parks, Recreation and Historic Preservation (OPRHP) has determined that the proposed activity will have no impact on registered or eligible archaeological sites or historic structures. No further review in accordance with SHPA is required.

Coastal Management:

This project is not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act.

Opportunity for Public Comment:

Comments on this project must be submitted in writing to the Contact Person no later than Jun 12, 2008.

Contact:

Mary E Hohmann
NYSDEC Region 9 Allegany SUB-OFFICE
182 East Union - Suite 3
Allegany, NY 14706
(716)372-6242
r9dep@gw.dec.state.ny.us


Erie County

Applicant:

Erie County
95 Franklin St
Buffalo, NY 14202 -3904

Facility:

Tonawanda Creek Rd
Tonawanda Creek Rd - W of Westphalinger Rd for 750 Ft
Clarence, NY

Application ID:

9-1432-00345/00001

Permit(s) Applied for:

Section 401 - Clean Water Act Water Quality Certification
Article 15 Title 5 Stream Disturbance

Project is Located:

Clarence, Erie County


Project Description:

The applicant proposes the replacement of a segment of Tonawanda Creek Road that collapsed in June 2004. The road will be reconstructed within the existing ROW west of Westphalinger Road for approximately 750 feet adjacent to Tonawanda Creek.

Availability of Application Documents:

Filed application documents, and Department draft permits where applicable, are available for inspection during normal business hours at the address of the contact person. To ensure timely service at the time of inspection, it is recommended that an appointment be made with the contact person.

State Environmental Quality Review (SEQR) Determination:

Project is not subject to SEQR because it is a Type II action.

SEQR Lead Agency: None Designated

State Historic Preservation Act (SHPA) Determination:

The proposed activity is not subject to review in accordance with SHPA. The permit type is exempt or the activity is being reviewed in accordance with federal historic preservation regulations.

Coastal Management:

This project is not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act.

Opportunity for Public Comment:

Comments on this project must be submitted in writing to the Contact Person no later than Jun 13, 2008.

Contact:

Joseph R Murray
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
r9dep@gw.dec.state.ny.us


Applicant:

Huntley Power LLC
211 Carnegie Center
Princeton, NJ 08540

Facility:

Huntley Steam Generating Station
3500 River Rd
Tonawanda, NY 14150

Application ID:

9-1464-00130/00020

Permit(s) Applied for:

Article 19 Air Title V Facility

Project is Located:

Tonawanda, Erie County


Project Description:

The Department (DEC) has prepared a Draft Permit and has made a tentative determination to approve this application for renewal and modification of the existing Air Title V Facility Permit for the applicant's C R Huntley Steam Generating Station located at 3500 River Road. Modifications to the Title V Permit include adding: State Acid Deposition Reduction Regulations, State Clean Air Interstate Rules, State Mercury Reduction Rule, Federal Compliance Assurance Monitoring Rule for particulates, and compliance requirements from an existing Order on Consent for alleged violations of the Title V Permit and allegations of operating with a deficient Title V Permit. The compliance requirements from the Order on Consent for alleged opacity violations have been incorporated into the Draft Permit with a schedule to install pollution control equipment. The Draft Permit also includes approval for the installation of new air pollution control equipment to meet the above regulations and compliance requirements.

In accordance with 6 NYCRR Parts 621.7(b)(9) and 201-6.4(c), the Administrator of the US Environmental Protection Agency has the authority to bar issuance of any Title V Facility Permit if it is determined not to be in compliance with applicable requirements of the Clean Air Act or 6 NYCRR Part 201.

Persons wishing to inspect the subject Title V files, including the application with all relevant supporting materials, the Draft Permit, and all other materials available to the DEC (the "permitting authority") that are relevant to this permitting decision should contact the DEC representative listed below. The Draft Permit and Permit Review Report may be viewed and printed from the DEC web site at: http://www.dec.ny.gov/chemical/32249.html.

DEC will evaluate the application and the comments received on it to determine whether to hold a public hearing. Comments and requests for a public hearing should be in writing and addressed to the DEC representative listed below. A copy of the DEC's permit hearing procedures is available upon request or on the DEC web site at: http://www.dec.ny.gov/permits/6234.html.

Availability of Application Documents:

Filed application documents, and Department draft permits where applicable, are available for inspection during normal business hours at the address of the contact person. To ensure timely service at the time of inspection, it is recommended that an appointment be made with the contact person.

State Environmental Quality Review (SEQR) Determination:

Project is not subject to SEQR because it is a Type II action.

SEQR Lead Agency: None Designated

State Historic Preservation Act (SHPA) Determination:

The proposed activity is not subject to review in accordance with SHPA. The permit type is exempt or the activity is being reviewed in accordance with federal historic preservation regulations.

Coastal Management:

This project is located in a Coastal Management area and is subject to the Waterfront Revitalization and Coastal Resources Act.

Opportunity for Public Comment:

Comments on this project must be submitted in writing to the Contact Person no later than Jun 30, 2008.

Contact:

Jeffrey E Dietz
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
r9dep@gw.dec.state.ny.us


Applicant:

Huntley Power LLC
211 Carnegie Center
Princeton, NJ 08540

Facility:

Huntley Steam Generating Station
3500 River Rd
Tonawanda, NY 14150

Application ID:

9-1464-00130/00034

Permit(s) Applied for:

Article 19 Title IV (Phase II Acid Rain)

Project is Located:

Tonawanda, Erie County


Project Description:

The Department (DEC) has prepared a Draft Permit and has made a tentative determination to approve this application for renewal of the existing Acid Rain Title IV Permit for the applicant's C R Huntley Steam Generating Station located at 3500 River Road. The Title IV Permit is required by 40 CFR Part 72 and will allow the US Environmental Protection Agency (EPA) and DEC to continue to enforce the requirements of the Acid Rain Program. Emissions will not increase as a result of the Title IV Permit renewal. The applicant will be required to have sufficient sulfur dioxide (SO2) allowances in its possession to cover SO2 emissions from this facility. The applicant shall submit annual compliance certification reports to EPA and DEC. The applicant shall monitor, maintain and certify monitoring systems for opacity, SO2 emissions, nitrogen oxide emissions, carbon monoxide emissions, oxygen emissions and volumetric flow rates in accordance with the requirements of 40 CFR Part 75.

Persons wishing to inspect the subject Title IV files, including the application with all relevant supporting materials, the Draft Permit, and all other materials available to the DEC (the "permitting authority") that are relevant to this permitting decision should contact the DEC representative listed below.

DEC will evaluate the application and the comments received on it to determine whether to hold a public hearing. Comments and requests for a public hearing should be in writing and addressed to the DEC representative listed below. A copy of the DEC's permit hearing procedures is available upon request or on the DEC web site at: http://www.dec.ny.gov/permits/6234.html .

Availability of Application Documents:

Filed application documents, and Department draft permits where applicable, are available for inspection during normal business hours at the address of the contact person. To ensure timely service at the time of inspection, it is recommended that an appointment be made with the contact person.

State Environmental Quality Review (SEQR) Determination:

Project is not subject to SEQR because it is a Type II action.

SEQR Lead Agency: None Designated

State Historic Preservation Act (SHPA) Determination:

The proposed activity is not subject to review in accordance with SHPA. The permit type is exempt or the activity is being reviewed in accordance with federal historic preservation regulations.

Coastal Management:

This project is located in a Coastal Management area and is subject to the Waterfront Revitalization and Coastal Resources Act.

Opportunity for Public Comment:

Comments on this project must be submitted in writing to the Contact Person no later than Jun 30, 2008.

Contact:

Jeffrey E Dietz
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
r9dep@gw.dec.state.ny.us


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