ENB Region 9 Completed Applications 02/09/2005

The Department has made a tentative decision to approve emission reduction credits (ERC’s) for the past emission reductions of oxides of nitrogen (N0x) and volatile organic compounds (VOC’s).  As a result of the shutdown of the Medina Power Corporation Co-generation Plant and past reductions,  the Department intends to certify 165.1 tons of N0x , and 22.7 tons of VOC ERC’s.  The amount of ERC’s proposed to be certified is somewhat less than originally requested by the  applicant.  The reason for the reduced number of NOx  ERC’s is a change in the method used to quantify past reductions of emissions;  which resulted from the voluntary installation of emission controls by the facilities owner prior to the facility closing down.  The ERC request and supporting documentation are available for review at the NYSDEC Region 9 Office at 270 Michigan Avenue, Buffalo, NY 14203-2999.

The applicant proposes to develop a natural gas well, Carlson #1, in State regulated Freshwater Wetland # JA-17.  The project involves disturbing approximately .75 acre of the wetland and .058 acre of the wetland's regulated 100-ft. wide Adjacent Area by improving 3,312 feet of existing farm road to access the site, installing production pipeline within the access road and installing the well.   A 150 ft. x 150 ft. construction area will be temporarily disturbed to drill and complete the well and the 60 ft. x 40 ft. permanent well pad.  A one-acre shallow water pothole will be constructed adjacent to the wetland boundary as compensatory wetland mitigation.  The proposed well site is located 3,260 feet south of Rt. 62 and east of Conewango Creek.

The application (WSA No. 10682) is for the development of a new water supply well for the Town of Clymer Water District .  The new well location is on a 31 acre parcel (former Bedow property) west of Chautauqua County Route 15 and south of County Route 2. The Town of Clymer Water District serves a population of approximately 650 through 200 service connections, with an average daily demand of 65,000 gallons per day (gpd) and a peak daily demand of 140,000 gpd.  The new well has been installed for testing, at a depth of 70 feet with a 10-foot screen.  Although the tested capacity of this new well is 450 gallons per minute (gpm), it will be utilized at a rate of no more than 200 gpm.  The old well, approved in 1967 and located south of NYS Route 474, approximately 550 feet west of County Route 15, will be maintained as an emergency supply source. The project includes installation of pump, pump house, chlorination system and 600 linear feet of watermain.

The Department has drafted a permit pursuant to Article 19 (Air Pollution Control) of the NYS Environmental Conservation Law (ECL) and Title V of the Federal Clean Air Act Amendments, and has made a tentative determination to approve this renewal application for the existing facility-wide air emissions from the co-generation facility. The draft permit is available for review at the Department's Region 9 Office. The facility, located at 1070 Erie Ave. North Tonawanda, New York, generates steam and electric power using a stationary gas turbine, heat recovery steam generator and steam turbine generator. Steam is provided to a host facility (Village Farms of Wheatfield) for space heating greenhouses. The net power output for the plant is about 55 megawatts (MW). A standby auxiliary boiler is used to supply heating and other process steam on demand. A primary diesel engine is used to provide the facility operational electrical support and a secondary starting diesel is used to rotate the gas turbine to a speed at which it can be fired. The combustion turbine is subject primarily to the New Source Performance Standards 40 CFR 60 Subpart GG and the Reasonably Available Control Technology (RACT) for Oxides of Nitrogen 6 NYCRR Part 227-2. The auxiliary boiler is subject to 40 CFR 60 Subpart Dc. This Title V permit contains a complete listing of compliance monitoring requirements for the facility, its emission units, processes and sources. 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 Department has drafted a permit pursuant to Article 19 (Air Pollution Control) of the NYS Environmental Conservation Law (ECL) and Title V of the Federal Clean Air Act Amendments, and made a tentative determination to approve this application for the existing facility-wide air emissions from the API Airtech facility at 91 North Street. The company manufactures heat exchangers and aftercoolers. Production processes include the cutting and forming of aluminum alloy stock, parts cleaning, powder coating and assembly by welding and brazing. The company is subject to 40CFR63 Subpart T - National Emission Standards for Halogenated Solvent Cleaning Machines because they have the potential to emit (PTE) trichloroethylene, a hazardous air pollutant (HAP), in excess of 10 tons per year. 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