ENB Region 8 Completed Applications 10/27/2004

Applicant proposes to restore open water and connect to existing open water areas within NYS Freshwater Wetland ST-23.  A 27.7 ac. permanent easement will be established for the work area.  The project is located east of Bernd Road and approximately 3500 ft. north of Junction Rd.  in the Town of Pavilion, Genesee County.  Work will include excavating approximately 7,500 cubic yards of material for 2,500 linear feet to create level ditches within Freshwater Wetland ST-23.  This project will provide shallow open water and connectivity to enhance value of wetland as part of a Wetlands Reserve Program.  Work will be done with an excavator from mats.  Highly organic material will be deposited within the wetland.    

The applicant proposes the replacement of an existing 9.3' x 15.5' solar room with a 12' x 16' enclosed porch to be constructed on a wooden platform. The structure will be located within the Coastal Erosion Structural Hazard Area.

Tennessee Gas Pipeline Co has submitted an application for renewal of its Title V Facility Permit for Compressor Station 237, located at 2001 Archer Road in the Town of Hopewell, which compresses natural gas for transport through transmission pipelines. Facility Emission Units identified in the application are: R-23701, consisting of two 2000 horsepower natural gas fired reciprocating compressor engines; and R-23702, a 4000 horsepower natural gas fired reciprocating compressor engine.  In addition, the facility has other emission sources including a 1.3 million BTU per hour natural gas fired boiler, sixteen 0.15 million BTU per hour natural gas fired space heaters, and two 295 horsepower natural gas fired auxiliary engines.

The Title V Facility Permit was originally issued November 23, 1999.  No change in operations is proposed in the application for Title V Permit renewal.

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, and potential emissions of formaldehyde, a hazardous air pollutant, in excess of 10 tons per year.

The facility also remains subject to Part 227-2 Reasonably Available Control Technology (RACT) standards for Oxides of Nitrogen (NOx) emissions for NOx RACT technology installed in 1995, and will install emission control upgrades to its compressor engines before April 1, 2005 to meet the Part 227-2.4(f)(2)(i) NOx emission limit of 1.5 gram per brake horsepower-hour which replaces the current limit of 3.0 grams effective April 1, 2005.

In accordance with 6NYCRR Parts 621.5(d)(9) and 2016.4(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 applicant proposes to replace a deteriorating 9' in diameter and 34' long stone arch culvert with two 5' in diameter and 70' long concrete culverts in a tributary of the Canandaigua Outlet within Freshwater Wetland GV-4.  The applicant has proposed to lengthen the culverts and taper the banks in order to create less steep side slopes for safety purposes.  The project is on Cross Road between Carter and Hayes Roads in the Town of Phelps, Ontario County.