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ENB Region 8 Completed Applications 10/28/2015

Chemung County

Applicant:

Chemung County
PO Box 588
Elmira, NY 14902 -0588

Facility:

Chemung County Landfill
1488 Co Rte 60
Elmira, NY 14901

Application ID:

8-0728-00004/00017

Permit(s) Applied for:

Article 19 Air Title V Facility
Article 27 Title 7 Solid Waste Management

Project is Located:

Chemung, Chemung County

Project Description:

The Applicant proposes a lateral expansion of the Chemung County Municipal Solid Waste (MSW) Landfill facility which accepts municipal and non-hazardous mixed waste; certain oil and gas exploration wastes; commercial and industrial wastes; and other wastes included in the current Part 360 permit. The Applicant is not proposing a modification to the wastes that can be accepted at the facility.

The existing landfill site consists of Cells I, II, IIIA, IIIB, IVA, and IVB as well as closed landfill Area 3 and 5. The existing active MSW landfill footprint is approximately 30 acres. The overall facility is on a 434-acre site and consists of the existing landfill, the closed landfills, a Construction and Demolition Debris (C&D) landfill, perimeter berms, storm water channels and access roads, storm water ponds, leachate facility, and an existing soil borrow area.

The proposed project consists of the Cell V expansion, which involves the construction of approximately 44.5 acres of new liner system along the eastern boundary of the existing active landfill (existing Cells II and IIIA) including 2.6 acres of overlay liner over the previously developed unlined landfill Area 5 and 8.2 acres of overlay liner over the active lined MSW landfill (requiring 33.7 acres of liner over non-landfill area). The proposed rate of waste acceptance, which is currently an annual-permitted tonnage limit of 180,000 tons per year (tpy), would also be increased to 417,000 tons per year.

The application also proposes that the facility's current operating hours of 7:00 a.m.­­-6:00 p.m. be increased one hour to 7:00 a.m.-7:00 p.m. Furthermore, the proposed project includes the development of a new 18.9-acre soil borrow area as well as the construction of a storm water pond, leachate storage facilities, and access roads.

The proposed project would extend the life of the landfill approximately 16.6 years or more based on the proposed increased waste acceptance rate. The final height of the lateral expansion area would be 1152 feet MSL, which is the same as the approved final height of the existing landfill.

In addition, the Applicant has applied for a variance from 6 NYCRR Subpart 360-1.14(p)(4), to allow individual equipment located at the facility to exceed 80 dBA at 50 feet. This variance does not change Part 360's allowable noise limits at the property line which will remain at the rural standard of 57 dBA during daytime hours (7:00 a.m.-10 p.m.).

Please note that although the SEQR record reflects a Cell VI expansion (planned to be located adjacent to the southern boundary of the existing Area 5 landfill and the proposed Cell V and to include approximately 22 acres of new liner system), Cell VI is not included in the application before the Department. Similarly, although the SEQR record addresses the construction of a new landfill gas-to-energy facility (LFGTE), the proposed project before the Department does not include a LFGTE. Flares are proposed for controlling landfill gas. Cell VI and/or a LFGTE may be proposed in the future.

Draft Title V Permit and NYSDEC's Tentative Position: The NYSDEC has prepared a draft Air Title V Facility permit ("Draft Title V Permit") for the proposed landfill expansion. The Draft Title V Permit represents NYSDEC's tentative determination and does not signify NYSDEC's approval of/or endorsement of the proposal.

Chemung County submitted an application for the renewal and modification of the Title V Facility Permit for all air pollution processes at the Chemung County Landfill facility associated with the existing landfill and the proposed landfill expansion. The Draft Title V Permit includes a renewal and a modification which will allow for the construction of the proposed landfill expansion and the continued operation of the gas collection and control system to reduce emissions and limit odors at the facility. The Draft Title V Permit includes air pollutant emission limitations, compliance schedules, and periodic monitoring requirements to ensure and verify compliance with the applicable requirements.

Existing permitted emission points at the Landfill currently include 8 candlestick flares, a 793 cfm open flare, a 1,200 cfm open flare (authorized under Operational Flexibility provisions), and fugitive emissions from the Landfill and the leachate collection pond. Although the landfill is not yet subject to the gas collection and control requirements of 40 CFR 60 Subpart WWW, the landfill has installed an active gas collection system. The facility, however, remains subject to Title V permitting requirements due to the applicability of 40 CFR 60 Subpart WWW and remains a minor source pursuant to Non-Attainment New Source Review with the exception of greenhouse gases (GHGs) for which the facility will become a major source due to the expansion.

The proposed Title V permit modification is based on the new Potential to Emit (PTE), which includes: fugitive emissions from approximately 8,154,588 cubic yards of additional air space from the Cell V expansion; the existing candlestick flares; the existing 793 cfm open flare; the permitted 1,200 cfm open flare; a new 2,040 cfm enclosed flare (VFL01); and other miscellaneous and exempt sources.

In accordance with 6 NYCRR Subparts 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 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 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 an adjudicatory hearing. Comments and requests for an adjudicatory 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.

A Hearing Notice is posted in the Hearing Section of the ENB for this project: http://www.dec.ny.gov/enb/20151028_hearings.html

Document Availability:

The permit applications with supporting documents, and the draft Air Title V Facility permit, may be reviewed at the following locations during normal business hours:

  • New York State Department of Environmental Conservation, Region 8 Office, 6274 East Avon-Lima Road, Avon, New York, 14414;
  • Chemung County Office Building, 5th Floor, County Legislature's Clerk's Office, 203 Lake St. Elmira, NY 14901
  • Town of Chemung, 48 Rotary Road Extension Chemung NY 14825 (CD only)
  • Steele Memorial Library, 101 E Church St, Elmira, NY 14901 (CD only)
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:

A draft environmental impact statement has been prepared on this project and is on file.

SEQR Lead Agency: Chemung County Legislature

State Historic Preservation Act (SHPA) Determination:

Based on the information provided in cultural resources survey reports for this project, the New York State Office of Parks, Recreation and Historic Preservation (OPRHP) has determined that the proposed activity will have an impact on registered or eligible archaeological sites or historic structures. Measures have been undertaken in consultation with OPRHP to avoid or mitigate impacts to registered or eligible resources. These agreed upon measures conclude the SHPA review.

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 Dec 04, 2015.

Contact:

Kimberly A Merchant
NYSDEC Region 8 Headquarters
6274 E Avon-Lima Rd
Avon, NY 14414
(585)226-2466
DEP.R8@dec.ny.gov


Multiple Counties

Applicant:

NYS Dept of Environmental Conservation
625 Broadway
Albany, NY 12233

Facility:

Tonawanda WMA
Casey Rd
Niagara & Genesee Co, NY

Application ID:

8-9908-00023/00034

Permit(s) Applied for:

Article 24 Freshwater Wetlands

Project is Located:

Alabama, Multiple Counties

Project Description:

Applicant proposes to construct a new driveway and parking lot within the 100-foot adjacent area of State Freshwater Wetland AK-2 (Class 2). The new approximately 30-foot by 36-foot parking lot is meant to provide safer public access to the wildlife management area. Project will require some removal of soil, placement of fabric & stone, fence posts, and a culvert for the driveway.

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:

A cultural resources survey has been completed. The report of the survey is on file. No archaeological sites or historic structures were identified at the project location. 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 Nov 12, 2015.

Contact:

Peggy Norry
NYSDEC Region 8 Headquarters
6274 E Avon-Lima Rd
Avon, NY 14414
(585)226-2466
DEP.R8@dec.ny.gov


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