ENB Region 9 Completed Applications 09/15/2004

The applicant proposes to remove storm depositions from a 150 foot long gravel bar and repair an existing breakwall.   Gravel will be removed by a "skimming" type operation and all removal will occur above the normal low water elevation of the creek at the site. The project is located at the applicant's property, 3656 Sager Road, along Tributary 19 of Cassadaga Creek (known locally as Towerville Creek or Sager Creek).

Horizon Power Inc. has submitted applications for a Title V and Title IV permit to construct and operate a 62 megawatt merchant power plant at the Black Rock Facility, located at 620 Military Road in the City of Buffalo. Horizon Power proposes to generate electricity at the Black Rock Facility using a natural gas fired stationary gas turbine, equipped with a dry low-NOx combustion system and heat recovery steam generator, with a natural gas fired duct burner. The facilty will be required to monitor NOx, carbon monoxide (CO), and oxygen levels in the exhaust gas with a continuous emissions monitoring system (CEMS). Horizon has agreed to accept operating limits for NOx emissions to maintain synthetic minor status with respect to 6NYCRR Subpart 231-2 "New Source Review in Nonattainment and Ozone Transport Regions" and 6NYCRR Subpart 227-2, "Reasonably Available Control Technology for Oxides of Nitrogen (NOx RACT)" by limiting the facilty's potential to emit NOx to 99 tons per year (tpy) or less. The facility's potential to emit CO is also capped at 99 tpy or less to avoid the requirements of Title 40 of the Code of Federal Regulations of air quality (PSD)". The facility is subject to the Title V Program as an Acid Rain Program affected unit as specified under 6NYCRR Part 201-6.1(4).  

The Department has prepared a Draft Permit and has made a tentative determination to approve this application for a Title V and Title IV Permit. 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 has prepared a Draft Permit and has made a tentative determination to approve this application.