ENB Region 6 Completed Applications 06/22/2005

Stabilize a portion of the 8' to 15' high eroded earthen bank by constructing a 140' long x 3' to 4' high stacked limestone wall with stone backfill along the base of the bank which is located along a canal connected to the St. Lawrence River.

The applicant proposes to mine 10 acres of topsoil from a 161 acre parcel located approximately 100' south of Burnup Road, 300' west of the intersection of the Burnup Road and Porter Road,  and 1 mile west of the Village of Black River.  6" to 12" of topsoil would be stripped and stockpiled for off-site transportation and sale.  Adequate topsoil to sustain agricultural productivity will remain and the site will be seeded immediately upon removal of targeted topsoil.

The Department has drafted a permit pursuant to Article 19 (Air Pollution Control) of the New York State Environmental Conservation Law and Title V of the Federal Clean Air Act Amendments and made a tentative determination to approve this application for the existing facility located at Beaver Falls Generating Facility, Main Street, Beaver Falls, NY  13305.

This permit action is to renew the existing Title V permit.  The facility consists of a Siemens V64.3 gas turbine, deltak heat recovery steam generator (HRSG), Coen duct burner, and Ansaldo steam generator.  Facility supplies electricity to the open market and process steam to a thermal host.  The gas turbine/HRSG unit is equipped with SCR to control NOx emissions.

The facility is a major facility subject to the requirements of Title V.  The facility's pollutant emissions which contribute to major source threshold are:  Nitrogen Oxides and Carbon Monoxide.  The facility is subject to Prevention of Significant Deterioration, 40 CFR 52.21 for Nitrogen Oxides, Sulfur Dioxide, Particulates, PM-10, and Carbon Monoxide.  The facility is also subject to the Acid Deposition Reduction Act (ADR), Part 237 and NOx Budget, Part 204.

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 a.m. - 4:45 p.m.), 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 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 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.

In accordance with 6NYCRR Part 621.5(d)(9) and    6.5(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 USEPA does not raise any objection, the Department will issue the permit. The application and Draft Title V Facility permit are available in the Region 6 NYSDEC office in Watertown, New York.

The applicants proposes to add 9.7 acres to a permitted 34 acre sand and gravel mine located on a 325 acre parcel owned by Clinton Walseman, RR#3, Box 114, Lowville, NY 13367 and Nevin E. Moser, 8764 Mattis Road, Lowville, NY 13367.  On site processing using portable crushing and screening plants will be carried out for material grade selection.  The site is located approximately 2,000' south of the interseciton of State Route 812 and Buckingham Road, approximately 3 miles northeast of New Bremen.