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ENB Region 9 Completed Applications 06/11/2008

Niagara County

Applicant:

AES Somerset LLC
7725 Lake Rd
Barker, NY 14012 -9600

Facility:

AES Somerset LLC
7725 Lake Rd
Barker, NY 14012

Application ID:

9-2938-00003/00002

Permit(s) Applied for:

Article 19 Air Title V Facility

Project is Located:

Somerset, Niagara County


Project Description:

The Department 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 AES Somerset, LLC, which is a 675 megawatt (MW) electric generating facility. Modifications to the Title V Permit include adding: State Acid Deposition Reduction Regulations, State Clean Air Interstate Rules, State Mercury Reduction Rule and Federal Compliance Assurance Monitoring Rule for particulates. 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 6NYCRR Parts 621.7(b)(9) and 201-6.4(c), the Administrator of the United States Environmental Protection Agency (USEPA) 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 6NYCRR 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 Department 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 Department representative listed below. A copy of the Department's permit hearing procedures is available upon request or on the Department 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 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 Jul 11, 2008.

Contact:

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


Applicant:

AES Somerset LLC
7725 Lake Rd
Barker, NY 14012 -9600

Facility:

AES Somerset LLC
7725 Lake Rd
Barker, NY 14012

Application ID:

9-2938-00003/00003

Permit(s) Applied for:

Article 19 Title IV (Phase II Acid Rain)

Project is Located:

Somerset, Niagara County


Project Description:

The Department has prepared a draft permit and has made a tentative determination to approve this renewal application for an Air Title IV (Phase II), Acid Rain Permit as required by 40 CFR Part 72. AES Somerset, LLC Unit 1 is a 675 Megawatt electric generating facility. 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 is required to have sufficient Sulfur Dioxide (SO2) allowances in its possession to cover SO2 emissions from this facility. The applicant will monitor, maintain and certify monitoring systems for opacity, SO2 emissions, Nitrogen Oxide (NOx) emissions, SO2 removal (if applicable), Carbon Dioxide (CO2) emissions and volumetric flow rates in accordance with the requirements of 40 CFR Part 75.

In accordance with 6NYCRR Parts 621.7(b)(9) and 201-6.4(c), the Administrator of the United States Environmental Protection Agency (USEPA) 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 6NYCRR Part 201. |

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 Department's permit hearing procedures is available upon request or on the Department 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 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 Jul 11, 2008.

Contact:

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


Wyoming County

Applicant:

Michael J Backus

Facility:

Backus Property
6287 Bauer Rd
Warsaw, NY 14569

Application ID:

9-5642-00103/00001

Permit(s) Applied for:

Article 24 Freshwater Wetlands

Project is Located:

Perry, Wyoming County


Project Description:

The applicant proposes to construct a driveway inWetland WY-19 for access to his property. The size of the driveway will be approximately 123 feet long and 25 feet wide. There is an area proposed for mitigation that will match the size of the disturbance (about 1/16th of an acre). The project is located North of Bauer Road in the Village of Perry.

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 not performed.

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 26, 2008.

Contact:

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


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