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ENB - Region 4 Notices 10/20/2010

Public Notice

New York State Department of Environmental Conservation (NYSDEC)
New York City Department of Environmental Protection (NYCDEP)

Joint Notice of Extension of Public Comment Period

Applicant and SEQR Lead Agency:

New York City Department of Environmental Protection, 59-17 Junction Boulevard, Flushing, NY 11373 (NYSDEC Application #0-9999-00051/00001/ NYCDEP CEQR No: 10DEP046U)

Title of Action: New York State Department of Environmental Conservation: Water Supply Permit Application Decision
New York City Department of Environmental Protection: Continued funding and implementation of the New York City Watershed Land Acquisition Program

Public Notice and Public Comment: A notice of public hearing was published on June 23, 2010 in NYSDEC's Environmental Notice Bulletin, the City Record, and in local newspapers located within the New York City Watershed. The notice provided for written comments to be submitted by the public by July 30, 2010. The public comment period was extended to September 15, 2010 and subsequently to October 22, 2010. The public comment period is now being extended until November 22, 2010. All other public comments procedures remain the same. Public hearings were held at 6:00 p.m. at the following locations and dates: 1) Monday July 12, 2010 at SUNY Delhi, Evenden Tower, Room 104, 2 Main Street, Delhi, NY 13753; 2) Tuesday July 13, 2010 at Hunter Elementary School, 7794 Main Street, Hunter, NY 12442; 3) Wednesday July 14, 2010 at Tri Valley High School, 34 Moore Hill Road, Grahamsville, NY 12740.

Written Comments: All comments must be filed with the New York State Department of Environmental Conservation, Division of Environmental Permits, Region 4 Field Office, 65561 State Highway 10, Stamford, NY 12167, Attn: Martha A. Wood, Project Manager.

All written comments must be submitted (postmarked) by no later than November 22, 2010. Comments may also be submitted in electronic form to r4dep@gw.dec.state.ny.us.

For further information, please contact: Martha A. Wood, NYS DEC - Region 4 Stamford Sub Office, Division of Environmental Permits, 65561 State Highway 10, Stamford, NY 12167, Phone: (607) 652-7741, E-mail: mawood@gw.dec.state.ny.us or Sangamithra Iyer, NYC DEP - Bureau of Environmental Planning and Analysis, 59-17 Junction Boulevard, 11th Floor, Flushing, NY 11373-5108, Phone: (718) 595-3585, E-mail: siyer@dep.nyc.gov.


The New York State Department of Environmental Conservation has determined that site ID # 447018, known as the United Plating site, may be deleted from the New York State Registry of Inactive Hazardous Waste Disposal Sites. This site is located in the City of Schenectady, within the County of Schenectady, and is located at 1776 Foster Avenue. Comments regarding this action must be submitted no later than November 19, 2010. Information regarding the site, the proposed delisting, and how to submit comments electronically can be found at: http://www.dec.ny.gov/chemical/60063.html or send comments to: Jeff Trad, NYS DEC - Division of Environmental Remediation, Remedial Bureau E, 625 Broadway, Albany, New York 12233-7013, Phone: (518) 402-9814, E-mail: jetrad@gw.dec.state.ny.us.


Notice of Complete Application
Notice of Completion of Draft EIS

Applicant: Albany Energy, LLC
Address: 5087 Junction Road
Lockport, NY 14094

Facility:
Albany Energy Gas to Energy Facility

Permit applied for and application number:

NYS Air Title V permit (6NYCRR Part 200)
New York State Department of Enviornmental Conservation (NYS DEC) # 4-0101-00426/00001

Project description and location:

The proposed project involves the construction of a gas-to-energy facility located on the grounds of the City of Albany Landfill, located at 525 Rapp Road, City of Albany, Albany County, New York. The facility is designed to recover methane gas generated from the landfill and use it as fuel to operate four lean burn internal combustion engines that will produce electricity. The engines will be housed inside a building on the landfill property and the methane gas will be piped directly from the landfill's gas collection system to the generators. This proposed facility is being designed to beneficially use methane gas that is currently being burned-off through a flare at the landfill.

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.

The 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.

State Environmental Quality Review (SEQR) Determination:

The project is classified as an Unlisted action and may have a significant impact on the environment. A coordinated review was not performed and a positive declaration was issued was issued by the DEC. The applicant has prepared Draft Environmental Impact Statement (DEIS) for this action which updates a previously prepared DEIS for the expansion of the landfill facility by the City of Albany. The DEC, as the SEQR Lead Agency, has accepted this DEIS document as being complete.

SEQR Lead Agency: NYS Department of Environmental Conservation

Uniform Procedures Act: This project is considered a Major action under this act.

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 adverse 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.

DEC Commissioner Policy 29, Environmental Justice and Permitting (CP-29):
It has been determined that the proposed action is not subject to CP-29.

Statutory and Regulatory Provisions:

This application was filed and reviewed pursuant to Environmental Conservation Law (ECL) Article 3, Title 3 (General Functions), Article 8 (State Environmental Quality Review), and Article 70 (Uniform Procedures); and pursuant to Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (6NYCRR) Part 617 (State Environmental Quality Review), Part 621 (Uniform Procedures),

Availability of Documents:

NYS DEC has prepared a draft Air Title V permit which may be reviewed, along with the Draft Environmental Impact Statement, and supporting documentation, at the locations listed below during normal business hours:

• NYS DEC Region 4 Office, 1130 North Westcott Road, Schenectady, NY 12306
• City of Albany, Office of General Services, 1 Connors Blvd., Albany, NY 12205
• City of Albany, Main Library, 161 Washington Ave., Albany, NY 12210
• William K. Sanford Library, Town of Colonie, 629 Albany-Shaker Road, Loudonville, NY 12211

In addition, the documents are posted on the world wide web for accessibility by interested parties on the following website: http://www.fortistar.com/PublicDocs/Forms/AllItems.aspx.

Opportunity for Public Comment:

Written comments may be submitted as follows:
1) Mailed to the NYS DEC - Region 4 Office listed in this Notice;
2) Faxed to the NYS DEC - Region 4 Office at (518) 357-2460;
3) E-mailed to NYS DEC - Region 4 Office at: r4dep@gw.dec.state.ny.us


All comments should be addressed to the attention of the NYS DEC Contact person listed at the bottom of this Notice and must be received by NYS DEC no later than close of business (4:45 p.m.) on November 19, 2010. Comments should include specific information relative to the project.

NYS DEC Contact Person:

Angelo Marcuccio
NYS DEC - Region 4 Office
1130 North Westcott Road
Schenectady, New York 12306
Phone: (518) 357-2446



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