ENB Region 8 Completed Applications 03/16/2005

The applicant proposes the removal of approximately 451 cubic yards of accumulated sediment from 413 linear feet of the Hemlock Outlet adjacent to the Reed Road Bridge. Additionally, stone protection will be placed along 64 feet of stream bank to protect the existing bridge abutment from scour.

Seneca Energy II  LLC has submitted an application for a Title V Facility Permit for its Ontario County Landfill Gas to Energy Facility, located at 3555 Post Farm Road in the Town of Seneca, which burns scrubbed landfill gas for generation of electrical power. Four 1190 horsepower, sixteen cylinder, internal combustion generator engines will be added to the four identical generator engines already operating at the site, for a total of eight generators capable of producing 6.4 megawatts of electrical power for sale.

The Facility was originally issued an Air State Facility Permit for operation of the original four generators, on October 25, 2002.  That Permit included conditions to restrict emissions of carbon monoxide (CO) and oxides of nitrogen (NO_X) below 6NYCRR Part 201-6 (Title V) thresholds of 100 tons per year each.  The Title V application reflects operation of eight generators rather than four.  With eight generators operating, the facility will be subject to the requirements of Part 201-6 (Title V) for Major Stationary Sources due to potential emissions of CO in excess of 100 tons per year.

As part of the application, Seneca Energy II  LLC has proposed to continue to limit emissions of NO_X to less than 100 tons per year, which is the applicability threshold in Part 201-6 (Title V), Part 227-2 NO_X Reasonably Available Control Technology (RACT), and Part 231 New Source Review in Ozone Transport Regions.  In response, the Department has drafted permit conditions to restrict NO_X emissions to less than 100 tons per year, based on daily monitoring of engine exhaust.  All monitoring records are to maintained on site for a period of 5 years, and are to be made available to Department inspectors upon request.

The Draft Title V Facility permit may be viewed or downloaded as a .pdf file at: http://www.dec.state.ny.us/website/dardata/boss/afs/draft_atv.html

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.