ENB Region 9 Completed Applications 06/15/2005

The applicant proposes to construct a 60 x 100 foot pole barn in the regulated 100 foot wide adjacent area of state regulated freshwater wetland LA-2. The project would also include construction of a driveway and a stone wall in the adjacent area. Old fill would be removed from the adjacent area as part of the project.

Repair of 33 feet and installation of 83 feet of stone and mortar wall for Phase 1 of the bank stabilization project during 2005.  Phase 2 will consist of stabilizing 120 feet on one side of the creek near Hole 18 and 140 feet on each side of the creek near Hole 9 utilizing appropriate bioengineering plantings and techniques.  Phase 2 work will occur in 2006.

The Department has prepared a Draft Title V Permit and has made a tentative determination to approve this application.  The Model City Energy / LFG to Energy Facility is located adjacent to the Modern Landfill near Pletcher and Harold Roads. The facility currently combusts scrubbed landfill gas using seven internal combustion engines and seven generator sets to produce electrical power for sale.  This draft permit would allow the operation of three new gas generator set engines to increase combustion and electrical generation capacity.  The facility will now potentially be a major source for Oxides of Nitrogen and Carbon Monoxide.  Emissions from all engines include Sulfur Dioxide, Volatile Organic Compounds, PM-10 and Hazardous Air Pollutants, although the facility is not a major emitter of these substances.  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.