ENB Region 6 Completed Applications 08/10/2005

The applicant has applied for a Standard Activity Permit (SAP) for the implementation of wetland creation and enhancement projects under the U.S. Department of Agriculture Natural Resource Conservation Service Wetland Reserve Program and the U.S. Fish and Wildlife Partners in Fish and Wildlife Program.  Projects that would be allowed under the SAP would be the construction of low berms, ditch plugs, and water level control structures to create shallow marsh environments, waterfowl pothole and nesting island structures with connecting level ditches, and minor habitat alterations for enhanced habitat diversity.

The Department has drafted a permit pursuant to Article 19 (Air Pollution Control) of the New York State Environmental Conservation Law and Title IV of the Federal Clean Air Act Amendments and made a tentative determination to approve this application for the existing facility located at NRG - Ilion Energy Center, 11 Remington Avenue, Ilion, NY 13357.

This facility is a cogeneration plant furnishing steam to Remington Arms and electricity to Niagara Mohawk.

The Title IV (acid rain) permit is for one stationary gas-fired turbine equipped with steam injection to control NOx.

Persons wishing to inspect the subject Title IV 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 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: www.dec.state.ny.us/website/ohms/gudph1.htm.

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 IV 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 an objection, the Department will issue the permit. The application and Draft Title IV Facility permit are available in the Region 6 NYSDEC office in Watertown, New York.

The Department has drafted a renewal permit pursuant to Article 19 (Air Pollution Control) of the Environmental Conservation Law and Title V of the Federal Clean Air Act Amendments and has made a tentative determination to approve this application for the existing facility located at Carthage Energy Cogen Facility, 701 West End Avenue, Carthage, NY 13619.

This permit action is to renew the existing Title V permit.  The facility consists of a GE Frame 6 gas turbine, heat recovery steam generator (HRSG), Coen duct burner, and steam generator.  Facility supplies electricity to the open market.  The gas turbine/HRSG unit is equipped with Steam Injection 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, Carbon Monoxide and VOCs.  The facility is subject to Prevention of Significant Deterioration, 40 CFR 52.21 for Nitrogen Oxides, Particulates, PM-10, VOCs, and Carbon Monoxide.  The facility is also subject to the Acid Deposition Reduction Act (ADR), Parts 237and 238, 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 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 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 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 USEPA does not raise an 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 Department has drafted a permit pursuant to Article 19 (Air Pollution Control) of the New York State Environmental Conservation Law and Title IV of the Federal Clean Air Act Amendments and made a tentative determination to approve this application for the existing facility located at Carthage Energy Cogen Facility,701 West End Avenue, Carthage, NY 13619.

The Title IV (acid rain) permit is for one stationary gas-fired turbine equipped with steam injection to control NOx.

Persons wishing to inspect the subject Title IV 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 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 201 6.4(c), the Administrator of the Environmental Protection Agency (USEPA) has the authority to bar issuance of any Title IV 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 an objection, the Department will issue the permit. The application and Draft Title IV Facility permit are available in the Region 6 NYSDEC office in Watertown, New York.

The applicant proposes to to construct 1,000 linear feet of 2 1/2 inch diameter forcemain on Fox Road. The sewer line construction project includes directional boring beneath Freshwater Wetland OR-7, a class II, 160 acre wetland. The forcemain will cross 250 feet of wetland. No trenching or filling will take place in the wetlands proper.

The applicant proposes to construct a roadway 300' long x 20' wide (toe of slope) x 3' high to access isolated upland property and access to sand deposits.  A mining permit application is being applied for separately.  The road would cross state regulated freshwater wetland LI-5, a 6144 acre Class II wetland.  Mitigation for wetland road fill is proposed in the form of waterfowl pothole construction with upland spoil disposal.  The site is located approximately 1200' north of Murphy Road, 3,000' west of Swamp Road, approximately three miles south of Lisbon.

This Department has received a request to issue a permit and has drafted an Article 19

(Air Pollution Control) of the Environmental Conservation Law, an Air State Facility Permit, at the  facility located at Reynolds Metals  194 County Route 45  Massena, NY 13662.

The Department has made a tentative determination to approve the application of the Reynolds Metals facility, a Primary and Secondary Aluminum Production facility.  The State Facility Permit allows the use of a limited amount of aluminum scrap in the operation of Emission unit EWCST2, which includes secondary aluminum production furnaces. The furnaces are subject to the requirements of 40 CFR 63 subpart RRR and requires substantial monitoring, testing and reporting to ensure compliance with the emissions limits for particulates, hydrogen chloride, and dioxins and furans. Dioxin and furan emissions are capped at or below 0.26375 grams of TEQ (toxicity equivalents) per year. This will keep impacts below the NY State Air Guide-1 annual guideline concentrations. The requirements of this state facility permit will then be added to the Title V permit.  The draft permit with conditions is available for review in the Region 6 NYSDEC office in Watertown, New York.