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ENB Region 9 Completed Applications 08/17/2016

Erie County

Applicant:

New Enterprise Stone & Lime Co Inc
PO Box 77
New Enterprise, PA 16664 -0077

Facility:

Como Quarry
500 Como Park Blvd
Cheektowaga, NY 14227

Application ID:

9-1430-00014/00025

Permit(s) Applied for:

Article 15 Title 15 Water Withdrawal Non-public

Project is Located:

Cheektowaga, Erie County

Project Description:

The applicant has applied for an initial permit for the continued withdrawal of 5,000 gallons per minute of water for quarry dewatering. The mine has been in operation since 1929. 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 Sep 01, 2016.

Contact:

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


Applicant:

Indeck-Energy Services Inc
600 N Buffalo Grove Rd - Ste 300
Buffalo Grove, IL 60089 -2432

Facility:

Indeck-Yerkes Energy Services
1 Sheridan Dr
Tonawanda, NY 14150

Application ID:

9-1464-00153/00004

Permit(s) Applied for:

Article 19 Air Title V Facility

Project is Located:

Tonawanda, Erie County

Project Description:

The Department has prepared a draft permit and has made a tentative determination to issue a renewal of the Title V Operating Air Permit for the Indeck-Yerkes Energy Services (Indeck-Yerkes). A Title IV Acid Rain Permit has also been drafted in accordance with 40 CFR Part 72. The draft Title IV permit can be obtained through the Department contact person listed below.

Indeck-Yerkes is a combined cycle Cogeneration Plant, which produces both electricity and steam. The facility, which is located at 1 Sheridan Drive in the Town of Tonawanda, Erie County, New York, commenced operation in 1988. It generates up to 61.3 MW of electricity for sale and provides steam to the adjoining DuPont-Yerkes Plant, with a GE Frame 6 gas turbine (42 MW output), a heat recovery steam generator with duct burner (30 MMBtu/hr heat input) and a GE condensing steam turbine generator (19.3 MW output). A dual fueled (natural gas or No. 2 fuel oil) auxiliary boiler (99 MMBtu/hr heat input) is operated to produce steam for the DuPont-Yerkes Plant when the cogenerator is not operating. The gas turbine is fueled primarily with natural gas but may also be fired with No. 2 fuel oil as back-up or a combination of both natural gas and No. 2 fuel oil. Indeck-Yerkes is required to monitor oxides of nitrogen (NOx), carbon monoxide (CO) and oxygen (O2) levels in the exhaust gas in the stack with a Continuous Emissions Monitoring System (CEMS). Outputs from the CEM system are recorded and stored using a Data Acquisition and Handling System (DAHS). Indeck-Yerkes is subject to the Best Available Control Technology (BACT) requirements under 40CFR52.21(j), Prevention of significant deterioration of air quality (PSD) for sulfur dioxide (SO2), NOx, particulates (PM) and PM-10 (particulates with a diameter equal to or less than 10 micro-meters).

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 and 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. The Draft Title V Permit and Permit Review Report may be viewed and printed from the DEC 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 Sep 16, 2016.

Contact:

Mark F Passuite
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
DEP.R9@dec.ny.gov


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