ENB Region 9 Completed Applications 02/12/2003

The Department has prepared a draft permit (SPDES No. NY0170747) and made a tentative determination to renew the applicant's permit to discharge 2,000 gallons per day of treated sanitary waste water to Twomile Creek a tributary of the Allegany River identified as PA 53-51. The tributary has a classification of C and a standard of C. The facility is located in the immediate vicinity of the intersection of Route 16, Indian Creek Road, and Doc McDuffy Road, three miles south of the City of Olean. The draft permit is available for review at the regional office during normal business hours.

The Department has prepared a Draft Permit and has made a tentative determination to approve this renewal application for an Air Title IV (Phase II), Acid Rain Permit as required by 40 CFR Part 72 for the applicant’s AES Somerset LLC Steam Station facility located at 7725 Lake Road, Barker NY 14012.  AES Somerset, LLC Unit 1 is a 691 Megawatt bituminous coal fired electric generating facility which was originally permitted and operated under Subpart Da New Source Performance Standards.  The facility also currently holds an Air Title V Permit.  The applicant will be required to have sufficient Sulfur dioxide (SO₂₎ allowances in its possession to cover SO₂ emissions from this facility. The applicant will monitor, maintain and certify monitoring systems for opacity, SO₂ emissions, Nitrogen Oxide (NO_x) emissions, SO₂ removal (if applicable), Carbon dioxide (CO₂) emissions and volumetric flow rates in accordance with the requirements of 40 CFR Part 75.  Pursuant to the Phase II requirements of Title IV of the Clean Air Act and 40 CFR §72.6(a)(3), DEC staff have  reviewed the Applicant's Acid Rain permit application and have found it approvable.  Application materials and the draft permits are available for review during normal business hours at the NYSDEC Region 9 Headquarters in Buffalo.  In accordance with 6NYCRR 621.5(d)(9) and 2016.4(c) the Administrator of the USEPA has the authority to bar issuance of any Title IV or V permit if it  is determined not to be in compliance with applicable requirements of the Clean Air Act or 6NYCRR 201.

The applicant proposes a 43.5 acre addition to the Johnson Gravel Pit, currently permitted for 5.5 acres, and to mine deeper throughout the mine.  It is also proposed to add a portable crusher that has a processing capacity less than 150 tons per hour to the processing operation, which is currently authorized for a portable dry-screen.  The estimated life of the expanded mine is 50 years and the reclamation objective is agriculture.  The site is north of Evans Road and west of Silver Springs Road (Wyoming County Route 43) at their intersection.