ENB Region 6 Completed Applications 11/16/2005

This Department has received a request to renew a permit to 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 the facility located at Lyonsdale Biomass LLC, Lyonsdale, Lewis County, New York.

The Lyonsdale Biomass facility is a 290 mmBtu per hour wood fired power plant with 19 MW rated output.  The facility is currently permitted to burn clean, unadultered wood. The facility is subject to Title V, and 40 CFR 60, Subpart Db.  The facility is a Title V major for NOx, CO, PM, and PM-10. The facility is capped at 249 tons per year for NOx and CO to avoid PSD applicability.  To control PM and PM-10 emissions, the facility uses an Electrostatic Precipitator (ESP).  The facility also is subject to the Compliance Assurance Monitoring (CAM) rule, which is codified under 40 CFR 64.

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 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 permit with conditions are available for review in the Region 6 NYSDEC office in Watertown, NY.  

The applicant proposes to mine 126 acres of topsoil from a 139 acre parcel owned by the applicant between Lovejoy and Monkey Hill Roads, 2700' northeast of Lovejoy and Monkey Hill Road intesections with Lee Road.  It is further located approximately 5 miles southwest of the City of Ogdensburg.  Approximately 5"- 6" of topsoil would be removed, leaving a similar depth of topsoil for reclamation.  The site would be divided into two phases for mining, starting from Monkey Hill Road for Phase I and Lovejoy Road for Phase II.  Material will be removed by thin grading with a dozer or skimming with a bellypan.  Material will be removed from the site for processing.  Some screening may take place during truck loading if larger stones are encountered.  Reclamation will be suited to agricultural use.