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ENB Region 8 Completed Applications 05/11/2016

Genesee County

Applicant:

Seneca Power Partners LP
163 Cedar St
Batavia, NY 14020

Facility:

Batavia Power Plant
163 Cedar St
Batavia, NY 14020

Application ID:

8-1802-00045/00022

Permit(s) Applied for:

Article 19 Air Title V Facility
Article 19 Title IV (Phase II Acid Rain)

Project is Located:

Batavia, Genesee County

Project Description:

The Department has prepared draft permits and has made a tentative determination to issue a renewal of the Title IV (Acid Rain) permit and Title V Facility Permit originally issued August 13, 2007 for a 57 megawatt steam and electrical power cogeneration facility. The single Facility Emission Unit includes a 551.3 MMBTU/hr natural gas fired turbine generator, two 16 MMBTU/hr natural gas fired steam backup boilers, a 10.9 MMBTU/hr distillate powered backup plant electrical supply generator, a distillate powered starting engine for the gas turbine, and a 1,100 kW backup generator. The facility remains subject to the requirements of 6NYCRR Part 201-6 (Title V) for Major Stationary Sources due to potential emissions of oxides of nitrogen (NOx) and carbon monoxide (CO) in excess of 100 tons per year each.

No change in operations is authorized in this Title IV/Title V Permit renewal. The applicant has demonstrated compliance with NOx RACT pursuant to 6 NYCRR Part 227-2 including the submittal of a NOx RACT Plan in 2012. The renewed Permit retains the NOx cap in the initial Title V Permit, restricting NOx emissions to 499,800 pounds per year calculated on a rolling 12 month basis. This caps the facility's NOx emissions below the 250 tons per year applicability threshold for federal 40 CFR 52.21 Prevention of Significant Deterioration (PSD) regulations. Since facility construction in 1990, the facility has operated with NOx emissions restricted to below 250 tons per year.

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 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 application type is exempt and/or the project involves the continuation of an existing operational activity.

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.

Opportunity for Public Comment:

Comments on this project must be submitted in writing to the Contact Person no later than Jun 10, 2016.

Contact:

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


Wayne County

Applicant:

Hanson Aggregates New York LLC
4800 Jamesville Rd
PO Box 513
Jamesville, NY 13078 -0513

Facility:

Hanson Butler Quarry
5465 Reitz Rd
Red Creek, NY 13143

Application ID:

8-5422-00016/00010

Permit(s) Applied for:

Article 15 Title 15 Water Withdrawal Non-public

Project is Located:

Butler, Wayne County

Project Description:

The applicant has applied for an initial permit for the continued withdrawal of 3.63 million gallons of water per day from on-site ponds and a tributary to Mill Pond for potable water supply, aggregate washing, and quarry dewatering. The mine has been in operation for decades. No changes in current operations from recent years are proposed.

The Department has determined that the facility is eligible for an Initial Permit under Section 15-1501.9 of the Environmental Conservation Law. Initial Permits are limited to existing facilities for existing water withdrawals over 100,000 gallons per day which were properly reported to the Department prior to February 15, 2012. Section 15-501.9 requires the Department to issue Initial Water Withdrawal Permits for the reported volume.

The Department has determined that the issuance of "initial permits" under ECL section 15-501.9 as implemented by 6 NYCRR 601.7 is a ministerial action and therefore subject to the Type II exemption set out in 6 NYCRR 617.5(c)(19).

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 application type is exempt and/or the project involves the continuation of an existing operational activity.

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.

Opportunity for Public Comment:

Comments on this project must be submitted in writing to the Contact Person no later than May 26, 2016.

Contact:

Karyn Hanson
NYSDEC Headquarters
625 Broadway
Albany, NY 12233
(518)402-9167
DEPPermitting@dec.ny.gov


Yates County

Applicant:

Dale McIntee

Facility:

McIntee Property
3387-3389 N Plumpoint Rd
Himrod, NY

Application ID:

8-5730-00282/00001

Permit(s) Applied for:

Article 15 Title 5 Excavation & Fill in Navigable Waters

Project is Located:

Milo, Yates County

Project Description:

The Department proposes to issue a permit to authorize the placement of approximately 45 cubic yards of 12" to 18" rock rip rap, in two locations, for distances of approximately 60 ft and 55 ft, above and at the mean high water line of Seneca Lake to prevent bank erosion, at 3387-3389 N Plum Point Road, including the point, using an excavator. As a tentative determination, the Department is seeking comments, prior to making a final decision.

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:

Cultural resource lists and maps have been checked. The proposed activity is not in an area of identified archaeological sensitivity and no known registered, eligible or inventoried archaeological sites or historic structures were identified or documented for 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.

DEC Commissioner Policy 29, Environmental Justice and Permitting (CP-29)

It has been determined that the proposed action is not subject to CP-29.

Opportunity for Public Comment:

Comments on this project must be submitted in writing to the Contact Person no later than May 26, 2016.

Contact:

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


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