ENB Region 8 Completed Applications 06/29/2005

The applicant proposes to excavate and construct open water features within Freshwater Wetland IR-11 (Class II) to restore an existing pond and wetland that will be used for educational purposes. New trails will be improved and/or constructed to provide access in accordance with the Americans with Disabilities Act.  The project includes an access drive to allow for maintenance of the pond. Additionally, the project sponsor proposes to clear non-native plant species, conserve existing native plant species, and plant additional native plant species within in the 100-foot adjacent area.  The adjacent hillside will be stabilized to control erosion and sediment transport to the pond.  The project is located in the Town of Irondequoit at the Helmer Nature Center, West Irondequoit Central Schools.

Seneca Energy II  LLC has submitted a modification and renewal application for a Title V Facility Permit for its Seneca Energy Landfill Gas to Energy Facility, located at 1786 Salcman Road in the Town of Seneca Falls, which burns scrubbed landfill gas from the Seneca Meadows Landfill for generation of electrical power.  Seneca Energy proposes to relocate the facility across NYS Route 414 from the existing facility and to add 4 new 460-cfm Caterpillar G3520 20-cylinder internal combustion engines, for a total of 18 engines, capable of producing 6.4 megawatts of electrical power for sale.  The new energy facility will be located within the Renewable Resource Park, a 238-acre industrial park, being developed by Seneca Meadows, Inc. (SMI), which will also house a greenhouse facility.

The Facility was originally issued an Air Title V Permit for fourteen engines.  The Division of Air has determined that the expansion of four additional engines qualifies for the exclusion authorized in the memo dated July 1, 1994 from John S. Seitz, Director of EPA’s Office of Air Quality Planning and Standards, (entitled “Pollution Control Projects and New Source Review (NSR) Applicability”), therefore 40 CFR 52.21 Subpart A, Prevention of Significant Deterioration (PSD) for carbon monoxide (CO) and NOx, as well as 6NYCRR Part 231, New Source Review (NSR) for NOx will not apply.  Seneca Energy II, LLC has obtained 52 tons per year NOx emission reduction credits (ERCs) in order to comply with the ratio of  1:1 ERCs needed to cover the 51.6 TPY of  NOx increase due to the expansion.  Additionally, the facility was required to complete air emission modeling for the relocation of the facility in order to show that the National Ambient Air Quality Standards (NAAQS) were met.   Since the total facility emissions of NOx will exceed 100 tons per year, the facility will need to comply with 6NYCRR Part 227-2 NO_X Reasonably Available Control Technology (RACT) limits.  All monitoring records are to be maintained on site for a period of 5 years, and are to be made available to Department inspectors upon request.

The facility has requested a determination from the USEPA regarding applicability of New Source Performance Standards.  The facility may be exempt due to the gas cleaning system used to clean the gas prior to combustion.

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 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 received an application for the installation of approximately 47,000 linear feet of 8 inch water main and appurtenances along Cory Corners, Ridge Chapel, Boss, Goosen and Gildersleeve Roads in the Town of Marion to provide public water. Sections of this watermain will be installed within the 100 foot regulated adjacent areas of New York State Freshwater Wetlands WI-29 near the intersection of Cory Corners Road and Goosen Road and WI-38 on Boss Road.  The Department has made a tentative determination to approve this application and is seeking public comment prior to making a final decision on permit issuance.