ENB Region 9 Completed Applications 02/18/2004

The Department (DEC) has prepared a Draft Permit and has made a tentative determination to approve this application for renewal of an existing Title V Permit for Laidlaw Energy and Environment, Inc. (Laidlaw).  Laidlaw operates a 4.2 megawatt co-generation facility, which consists of an Allison natural gas fired turbine generator set, a waste heat recovery generator (boiler), and a steam turbine generator set.  The exhaust gases from the combustion gas turbine (CGT) are used to dry lumber in kilns.  No other lumber operations are done on the property.  The turbine is subject to the requirements of the New Source Performance Standards  for Stationary Gas Turbines, 40 CFR Part 60 Subpart GG.  A natural gas fired Caterpillar engine, CAT 4, is also part of the electric generation system.  Waste heat from this engine is used to dry wood in a dedicated kiln. The facility includes two emission sources that are exempt from permitting; a natural gas boiler with a heat input of less than 10 million Btu/hr, and an emergency generator, natural gas fired Caterpillar engine, CAT 3, that does not operate  more than 500 hours per calendar year.  Periodically the turbine and the CAT 4 engine exhausts are tested for emissions of Oxides of Nitrogen (NOx) emissions, which are used to evaluate compliance and are used to calculate annual NOx emissions.  Visible emission observations are made to verify compliance with opacity requirements when necessary. Laidlaw has elected to keep a Title V Permit although emissions are below the threshold levels for Title V applicability and a Title V Permit is not required.  The facility is located on US Route 219 just north of the intersection of NYS Route 242.  In accordance with 6 NYCRR Parts 621.5(d)(9) and 201-6.4(c), the Administrator of the US Environmental Protection Agency 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.  It is recommended that an appointment be made to confirm the availability of the subject files.  The DEC will endeavor to make the files available within 2 business days of contact, during normal business hours (8:30 am through 4:45 pm), unless the requestor wishes to inspect the files at a later date.  DEC will evaluate the application and the comments received on it to determine whether to hold a public hearing.  A public hearing may be legislative or adjudicatory.  A legislative public hearing is a proceeding which provides an additional opportunity for public comment.  DEC's determination to hold a legislative public hearing will be based on whether a significant degree of public interest exists.  If a legislative public hearing is to be held, a Notice of Hearing will be published which will include the time and place of the hearing and submitting comments.   The applicant and all persons who have filed comments on the permit will be notified by mail of the public hearing.  Comments and requests for a legislative public hearing should be in writing and addressed to the DEC representative listed below.  An adjudicatory public hearing is a trial type proceeding which provides the opportunity for adjudication on the basis of evidence, including direct testimony and cross examination.  An adjudicatory hearing is held only if substantive and significant issues relating to any findings or determinations the DEC is required to make pursuant to the Environmental Conservation Law exist.   A copy of the DEC's permit hearing procedures is available upon request or on the DEC web site at:  http://www.dec.state.ny.us/website/ohms/gudph1.htm.

The applicant requests a renewal of their Title V Facility Permit for a gasoline/distillate loading terminal at 625 Elk Street in the City of Buffalo. The terminal consists of 6 storage tanks of different volumes containing petroleum hydrocarbon, along with several other storage tanks containing gasoline additives and heating oil/diesel. One loading rack with 3 bays is located onsite. Gasoline and distillate loading is controlled with a vapor recovery unit.

The Department has prepared a Draft Permit and has made a tentative determination to approve this application. In accordance with 6NYCRR Parts 621.5(d)(9) and 201-6.4(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.  It is recommended that an appointment be made to confirm the availability of the subject files.  The DEC will endeavor to make the files available within 2 business days of contact, during normal business hours (8:30 am through 4:45 pm), unless the requestor wishes to inspect the files at a later date.

DEC will evaluate the application and the comments received on it to determine whether to hold a public hearing.  A public hearing may be legislative or adjudicatory.  A legislative public hearing is a proceeding which provides an additional opportunity for public comment.  DEC's determination to hold a legislative public hearing will be based on whether a significant degree of public interest exists.   If a legislative public hearing is to be held, a Notice of Hearing will be published which will include the time and place of the hearing and submitting comments.   The applicant and all persons who  have filed comments on the permit will be notified by mail of the public hearing.  Comments and requests for a legislative public hearing should be in writing and addressed to the Department representative listed below.

An adjudicatory public hearing is a trial type proceeding which provides the opportunity for adjudication on the basis of evidence, including direct testimony and cross examination.  An adjudicatory hearing is held only if substantive and significant issues relating to any findings or determinations the Department is required to make pursuant to the Environmental Conservation Law exist.   A copy of the Department's permit hearing procedures is available upon request or on the Department web site at: http://www.dec.state.ny.us/website/ohms/gudph1.htm.

The Department of Environmental Conservation (DEC) has received an

application to re-issue the following EPA minor Private/Commercial/In-

stitutional State Pollutant Discharge Elimination System (P/C/I SPDES)

permit.  DEC has made a tentative determination to re-issue this permit

for a five-year period, maintaining the current effluent limitations and

monitoring and reporting requirements.  This permit involves the surface

discharge of 6,600 gallons per day of treated sanitary waste to the

Little Buffalo Creek.

Additional information including the current permit, renewal

applications, and supporting documentation may be obtained from or

inspected at the NYSDEC central office in Albany.  Substantive comments

on the permit or requests for hearing or both must be submitted in

writing to the contact person.

SPDES Number:  NY 0167134