ENB Region 6 Completed Applications 05/11/2005

The applicant proposes to install 80 feet of log cribbing on tributary number 35 (Watershed Index Number) of West Canada Creek. The tributary is a class C, standards C(T) stream. The purpose is to stabilize an eroded bank in a residential area. The design incorporates two log pooldiggers to provide fish habitat and to dissipate the stream's erosive forces.

This Department has received a request for a permit to construct and operate air pollution sources and has drafted pursuant to Article 19 (Air Pollution Control) of the Environmental Conservation Law, a Title V Facility Permit, for a facility known as Innovative Energy Systems, Inc., Town of Rodman, Jefferson County, New York. The facility will treat and combust landfill gas generated and collected by the Development Authority of the North Country Municipal Solid Waste Landfill in Rodman, New York. The facility will consist of four (4) Caterpillar internal combustion engines rated at 1600 kilowatts each. The energy generated will be sold on the open market. The Standard Industrial Classification representative of this facility is 4911, Electric Services.

This permit allows for the construction and operation of four (4) landfill gas fired internal combustion engines (Emission Unit 1-DLFGE). The facility has emissions of carbon monoxide (CO) above the major source threshold. The facility has agreed to restrict emissions of nitrogen oxides (NOx) to less than the major source threshold. In addition, the internal combustion engines are subject to the non-methane organic carbon (NMOC) emission reduction requirements of New Source Performance Standard 40 CFR 60 Subpart WWW, Standards of Performance for Municipal Solid Waste Landfills.

In accordance with 6NYCRR Part 621.5(d)(9) and 201-6.4(c), the Administrator of the 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. After the public comment period, the USEPA will be provided a proposed permit and will have an additional 45 day period for review. If the USEPA does not raise any objection, the Department will issue the permit. The application and draft permit with conditions are available for review in the Region 6 NYSDEC office in Watertown, NY.

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 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 requester 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 of 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 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's web site at: http://www.dec.state.ny.us/website/ohms/gudph1.htm.

The applicant proposes to mine ten acres of sand and gravel from a ten acre parcel, owned by the applicant, and located 2,000' south of Southville, west of CR 47 and north of the Stockholm and Parishville Town line.  On-site processing will be limited to the use of a portable screen.  Mining has taken place at this location in the past.