D E C banner
D E C banner


The New York State Department of Environmental Conservation has added a link to a translation service developed by Microsoft Inc., entitled Bing Translator, as a convenience to visitors to the DEC website who speak languages other than English.

Additional information can be found at DEC's Language Assistance Page.

ENB Region 8 Completed Applications 07/03/2013

Monroe County


Monroe County
39 W Main St
Rochester, NY 14614 -1476


Riga / Mill Seat Landfill
303 Brew Rd
Bergen, NY 14416

Application ID:


Permit(s) Applied for:

Article 19 Air Title V Facility

Project is Located:

Riga, Monroe County

Project Description:

The Department has received an application from Monroe County for renewal and modification of its Title V Facility Permit for the Mill Seat Landfill. The landfill is subject to federal New Source Performance Standards in 40 CFR Part 60, Subpart WWW, since its design capacity exceeds 2,500,000 megagrams (metric tons) and 2,500,000 cubic meters. The landfill therefore meets the applicability definition specified in 6 NYCRR Part 201‑6.1(a)(2), and is required to maintain a Title V Facility Permit.

Landfill emissions are from a 900‑cfm open flare, a 3500‑cfm enclosed flare, 4 candlestick flares at the vents of the leachate collection system for odor control, fugitive emissions from two 1.5 million gallon leachate storage tanks, and other exempt equipment. A landfill gas to energy (LFGTE) plant generates electrical power from eight 1148 horsepower landfill gas fired generators, reducing the landfill gas volume burned by the flares.

The initial Title V Facility Permit for the landfill was issued December 13, 1999. It was modified and renewed effective September 11, 2006 to authorize the addition of the eight engine LFGTE plant. Since the addition of the LFGTE plant, the Landfill also met the 6 NYCRR Part 201-2(b)(21)(v) definition of a Major Facility for the applicability of Part 231 New Source Review regulations, due to potential emissions of carbon monoxide (CO) of over 250 tons per year.

The 2006 Permit included conditions to allow flexibility in the combustion of landfill gas, by either the generators or the flares, sufficient to restrict the project potential to emit carbon monoxide (CO) to below the 250 ton per year increase applicability threshold of 40CFR 52.21 Prevention of Significant Deterioration (PSD), and to restrict the project potential to emit oxides of nitrogen (NOx) to below the 100 ton per year increase applicability threshold of 6 NYCRR Part 231‑2 New Source Review in Ozone Transport Regions.

As part of this application, Monroe County proposes to expand electrical generation capacity by adding 3 more generator engines in a new building to utilize additional landfill gas production.

Calculations indicate that with 3 additional engines, the combined landfill and LFGTE plant potential to emit NOx will increase by 38.2 tons per year. With a larger fraction of landfill gas going to generator engines, additional NOx from the new engines will be partially offset by lower NOx emissions from landfill gas flares. The 38.2 ton per year NOx increase is below the 40 ton per year increase applicability threshold of 6 NYCRR Part 231-8 Modifications to Existing Major Facilities in Attainment Areas (Prevention of Significant Deterioration). With stack testing indicating that emissions were lower than anticipated at the time of the 2006 Permit, the facility NOx emission limit will only increase by 33.1 tons, from 191.5 to 224.6 tons per year.

Stack testing also indicated lower CO emissions than anticipated at the time of the 2006 Permit. Calculations show emission levels such that after adding the 3 additional engines, allowable facility emissions of CO can be reduced from 480.3 to 466.7 tons per year.

In response to the application, the Department has generated a Draft Title V Facility Permit, and has made a tentative determination to issue the Draft as a Final Permit, if comments received do not raise significant issues that must be addressed before a permit can be issued.

To verify that facility emissions are within allowable limits, the Draft Permit specifies Monroe County will be required to perform emissions testing on the new engines, calculate monthly emissions of CO and NOx, and calculate 12 month rolling totals of emissions. These records are to be maintained for a minimum of five years, and must be made available with all supporting data to Department inspectors upon request.

The application and Draft Permit are available for review at the Region 8 NYSDEC office. The Draft Title V Facility Permit and Permit Review Report may be viewed or downloaded as .pdf files at: http://www.dec.ny.gov/dardata/boss/afs/draft_atv.html.

In accordance with 6NYCRR Parts 621.7(b)(9) and 201-6.3(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 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: Monroe County

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 Aug 02, 2013.


Roger T McDonough
NYSDEC Region 8 Headquarters
6274 E Avon-Lima Rd
Avon, NY 14414

  • Contact for this Page
  • ENB
    Division of Environmental Permits
    625 Broadway, 4th Floor
    Albany, NY 12233-1750
    Send us an email
  • This Page Covers
  • Page applies to all NYS regions