Region 9 SEQR and Other Notices Region 9 SPDES Renewals

ENB Region 9 Completed Applications 11/23/2005

Allegany County

Applicant: National Fuel Gas Supply Corporation
6363 Main St
Buffalo, NY 14221
Facility: Independence Station
Cr 22 Between Fulmer Valley Rd & Cr 22A
Andover, NY 14806
Application ID: 9-0260-00009/00016
Permit(s) Applied for: Article 19 Air Title V Facility
Project is Located: Independence, Allegany County
Project Description:
The Department has made a determination to approve the Title V permit renewal request for the National Fuel Gas Supply Corporation Independence Facility and has prepared a draft permit. The natural gas storage facility which is located on the east side of Independence Road approximately 1,000 feet south of the intersection with Fulmer Valley Road, consists of four natural gas fired stationary reciprocating internal combustion compressor engines, two rated at 1500 HP and two rated at 1000 HP. There is also one 200 HP emergency generator, which is operated less than 500 hours per year and is exempt from permitting per 6 NYCRR Part 201-3.2(c)(6) and from (nitrogen oxide) NOx RACT per 6 NYCRR Part 227-2.4(f)(3). Other exempt equipment includes two triethylene glycol dehydration stills and reboilers, a boiler, heaters, a parts washer, and nine tanks. The compressor engines are subject to the opacity limitations of     6NYCRR Part 227-1.3(a). The NOx emission limit for lean burn spark ignited natural gas fired stationary internal combustion engines decreased to 1.5 grams per brake horsepower-hour per     6NYCRR Part 227-2.4(f)(2)(i)(b) as of April 1, 2005.  Source performance testing performed in 2004 has confirmed compliance with the lowered limit.
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 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: www.dec.state.ny.us/website/ohms/gudph1.htm.
State Environmental Quality Review (SEQR) Determination:
Project is not subject to SEQR because it is a Type II action.
SEQR Lead Agency:
None Designated
State Historic Preservation Act (SHPA) Determination:
The proposed activity is not subject to review in accordance with SHPA. The permit type is exempt or the activity is being reviewed in accordance with federal historic preservation regulations.
Coastal Management:
This project is not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act.
Opportunity for Public Comment:
Comments on this project must be submitted in writing to the Contact Person no later than Dec 23 2005.
Contact: Douglas E Borschel
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
r9dep@gw.dec.state.ny.us

Applicant: National Fuel Gas Supply Corporation
6363 Main St
Buffalo, NY 14221
Facility: Beech Hill Compressor Station
Peet Rd Between Graves & Beech Hill Rds
Willing, NY 14895
Application ID: 9-0274-00004/00015
Permit(s) Applied for: Article 19 Air Title V Facility
Project is Located: Willing, Allegany County
Project Description:
The Department has made a determination to approve the Title V permit renewal request for the National Fuel Gas Supply Corporation Beech Hill Facility and has prepared a draft permit. The facility is a natural gas storage facility consisting of three natural gas fired stationary reciprocating internal combustion compressor engines, two rated at 2750 horse power (HP) and one rated at 2850 HP. There is also one 200 HP generator operating less than 500 hours per year, which is exempt from permitting per 6 NYCRR Part 227-2.4(f)(3). Other exempt equipment includes two triethylene glycol dehydration stills and reboilers, a boiler, heaters , parts washers and six tanks. The compressor engines are subject to the opacity limitations of 6NYCRR Part 227-1.3(a). The nitrogen oxides (NOx) emission limit for lean burn spark ignited natural gas fired stationary internal combustion engines decreased to 1.5 grams (previously 3.0 grams) per brake horsepower-hour per 6 NYCRR Part 227-2.4(f)(2)(i)(b) as of April 1, 2005. Source performance testing performed in 2004 has confirmed compliance wirth the lowered limit.
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 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 www.dec.state.ny.us/website/ohms/gudph1.htm.


State Environmental Quality Review (SEQR) Determination:
Project is not subject to SEQR because it is a Type II action.
SEQR Lead Agency:
None Designated
State Historic Preservation Act (SHPA) Determination:
The proposed activity is not subject to review in accordance with SHPA. The permit type is exempt or the activity is being reviewed in accordance with federal historic preservation regulations.
Coastal Management:
This project is not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act.
Opportunity for Public Comment:
Comments on this project must be submitted in writing to the Contact Person no later than Dec 23 2005.
Contact: Douglas E Borschel
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
r9dep@gw.dec.state.ny.us

Cattaraugus County

Applicant: Laidlaw Energy & Environmental Inc
6662 Route 219
PO Box 500
Ellicottville, NY 14731 -0500
Facility: Laidlaw Energy and Environmental Inc
6662 Us Rte 219
Ellicottville, NY 14731 -0500
Application ID: 9-0436-00022/00005
Permit(s) Applied for: Article 19 Air Title V Facility
Project is Located: Ellicottville, Cattaraugus County
Project Description:
The Department (DEC) has drafted a modified permit pursuant to Article 19 (Air Pollution Control) of the NYS Environmental Conservation Law (ECL) and Title V of the Federal Clean Air Act Amendments, and made a tentative determination to approve this application for a permit modification proposed by the permittee.  The modification involves replacing an Allison 501KB natural gas fired turbine with a wood burning fuel cell boiler to generate steam for two steam turbine generator sets and heat for two existing wood kilns.  The Allison turbine has not operated since 2003 because fuel prices make it uneconomical and it will be removed from the property.  The boiler will replace 5.3 gross megawatts (MW) generating capacity with 7 MW gross generating capacity.  This will satisfy the permittee's contract to supply 3.79 MW to Niagara Mohawk and the balance will be used to operate the plant.  The permittee will install a 115 million Btu per hour (mmBtu/hr) Wellons four cell fuel cell boiler that will burn clean unadulterated wood waste, primarily wood chips from hogged scrap pallets.  A secondary fuel is clean green wood waste from clearings, etc.  It will use a mechanical collector (mulitclone) and a fire resistant baghouse to control particulate emissions.  It will use flue gas recirculation and staged combustions to control nitrogen oxide (NOx) emissions.  Besides the wood boiler, other emission sources include two emergency 450 kilowatt natural gas fired engine generators, two non-contact water cooling towers, a small natural gas boiler and two lumber drying kilns.  Dispersion modeling provided by the permittee indicates a stack height of 52.5 feet is adequate to disperse the boiler emissions so that they will not exceed National Ambient Air Quality Standards.  If there are legitimate impacts from the boiler emissions, such as odors, the permittee is responsible for taking the necessary corrective actions, such as evaluating the combustion process or raising the stack height, to remedy the issues.  The facility is subject to:  40 CFR Part 60 subpart  A (General Provisions for New Source Performance Standards - NSPS); 40 CFR Part 60 subpart Db (NSPS for Industrial-Commercial-Institutional Steam Generating Sources 100 - 250 mmBtu/hr) which sets opacity (smoke) and particulate standards; 40 CFR Part 64 (Compliance Assurance Monitoring (CAM) for particulate matter (PM) and NOx; 6 NYCRR 227-2.4 (Reasonably Available Control Technology (RACT) for NOx) which required that a case-by case RACT analysis be conducted; and an emission limit for carbon dioxide (CO) to avoid the Prevention of Significant Deterioration (PSD) requirements of 40 CFR Part 52.21.  A heat input limit is in place to keep emissions of NOx below the Non-Attainment New Source Review (NSR) requirements of 6 NYCRR Part 231-2, and keep the CO emissions below the PSD applicability level.  The facility is located on US Route 219 just north of the intersection of NYS Route 242.  In accordance with 6 NYCRR Parts 621.5(d)(9) and 201-6.4(c), the Administrator of the US Environmental Protection Agency 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 6 NYCRR 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 DEC is required to make pursuant to the ECL exist.   A copy of the DEC's permit hearing procedures is available upon request or on the DEC web site at: www.dec.state.ny.us/website/ohms/gudph1.htm.

State Environmental Quality Review (SEQR) Determination:
A draft environmental impact statement has been prepared on this project and is on file.
SEQR Lead Agency:
Ellicottville Town Planning Board
State Historic Preservation Act (SHPA) Determination:
Cultural resource lists and map have been checked. No registered, eligible or inventoried archaeological sites or historic structures were identified at the project location. No further review in accordance with SHPA is required.
Coastal Management:
This project is not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act.
Opportunity for Public Comment:
Comments on this project must be submitted in writing to the Contact Person no later than Dec 27 2005.
Contact: Jeffrey E Dietz
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
r9dep@gw.dec.state.ny.us

Applicant: NYS Dept of Transportation
50 Wolf Rd
Albany, NY 12232
Facility: Salamanca Residency
4474 Route 353
Salamanca, NY 14779
Application ID: 9-0480-00050/00001
Permit(s) Applied for: Article 17 Titles 7 & 8 Industrial SPDES
Project is Located: Salamanca, Cattaraugus County
Project Description:
The Department has made a tentative determination to issue a permit for the Salamanca Residency. The permit (NY-0269581) would approve the discharge, after treatment by an oil-water separator, of a maximum 500 gallons per day from floor drains for vehicle washwater. The discharge is to Little Valley Creek which has a Class of C and a Standard of C(T). The permit also lists a discharge to groundwater from a sanitary wastewater system (500 gallons per day) at the residency. The Draft Permit, with conditions, application, relevant supporting materials and regulations are available during normal business hours at the DEC office provided in this notice. Comments of support or objection may be made by filing a written statement by the deadline date indicated.


State Environmental Quality Review (SEQR) Determination:
Project is an Unlisted Action and will not have a significant impact on the environment. A Negative Declaration is on file. A coordinated review was not performed.
SEQR Lead Agency:
None Designated
State Historic Preservation Act (SHPA) Determination:
The proposed activity is not subject to review in accordance with SHPA. The permit type is exempt or the activity is being reviewed in accordance with federal historic preservation regulations.
Coastal Management:
This project is not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act.
Opportunity for Public Comment:
Comments on this project must be submitted in writing to the Contact Person no later than Dec 23 2005.
Contact: Douglas E Borschel
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
r9dep@gw.dec.state.ny.us

Applicant: D&H Materials Inc
11939 St Rte 98 South
Arcade, NY 14009
Facility: McKinstry Road Gravel Pit
10480 McKinstry Rd Opposite Gooseneck Rd Intersection
Yorkshire, NY 14173
Application ID: 9-0484-00085/00002
Permit(s) Applied for: Article 23 Title 27 Mined Land Reclamation
Project is Located: Yorkshire, Cattaraugus County
Project Description:
The applicant proposes to modify the approved mine operating hours, currently 8:00 a.m. through 5:00 p.m. Monday through Saturday during the months of April through October, to be 6:00 a.m. through 6:30 p.m. Monday through Saturday during these months and 7:30 a.m. through 4:00 p.m. Monday through Saturday during the months of November through March.  No additional changes are proposed.  The McKinstry Road Gravel Pit (formerly Dennies' Gravel Pit) is located 400 feet east of McKinstry Road, about 1 mile north of the Yorkshire/Machias Town line.
State Environmental Quality Review (SEQR) Determination:
Project is an Unlisted Action and will not have a significant impact on the environment. A Negative Declaration is on file. A coordinated review was not performed.
SEQR Lead Agency:
None Designated
State Historic Preservation Act (SHPA) Determination:
The proposed activity is not subject to review in accordance with SHPA. The permit type is exempt or the activity is being reviewed in accordance with federal historic preservation regulations.
Coastal Management:
This project is not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act.
Opportunity for Public Comment:
Comments on this project must be submitted in writing to the Contact Person no later than Dec 23 2005.
Contact: Kenneth C Taft
NYSDEC Region 9 Allegany SUB-OFFICE
182 East Union - Suite 3
Allegany, NY 14706
(716)372-6242
r9dep@gw.dec.state.ny.us

Chautauqua County

Applicant: National Fuel Gas Supply Corporation
6363 Main St
Buffalo, NY 14221
Facility: Nashville Compressor Station
11413 Allegany Road
Forestville, NY 14062
Application ID: 9-0646-00048/00017
Permit(s) Applied for: Article 19 Air Title V Facility
Project is Located: Hanover, Chautauqua County
Project Description:
The Department has made a determination to approve the Title V facility permit renewal request for the National Fuel Gas Supply Corporation Nashville Facility and has prepared a draft permit. The facility is a natural gas storage and transmission facility consisting of four natural gas fired stationary reciprocating internal combustion compressor engines, two rated at 660 HP,  one rated at 750 HP, and one rated at 2000 HP. There is also one 225 HP engine which is exempt from permitting per 6 NYCRR Part 227-2.4(f)(3) but which has an approved nitrogen oxide (NOx) Reasonably Available Control Technology (RACT) analysis per 6 NYCRR Part 227-2.4(g). Other exempt equipment are an emergency generator, a triethylene glycol dehydration still and reboiler, three boilers, hot water heaters, a parts washer, and eleven tanks. The compressor engines are subject to the opacity limitations of 6 NYCRR Part 227-1.3(a). as of April 1, 2005, the NOx emission limit for natural gas fired stationary internal combustion engines decreased to 1.5 grams per brake horsepower-hour per 6 NYCRR Part 227-2.4(f)(2)(i)(b) for lean burn engines and per 6 NYCRR Part 227-2.4(f)(1)(ii) for rich burn engines. source performance testing performed in July 2004 confirmed compliance with the lowered limit.
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 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: www.dec.state.ny.us/website/ohms/gudph1.htm.
State Environmental Quality Review (SEQR) Determination:
Project is not subject to SEQR because it is a Type II action.
SEQR Lead Agency:
None Designated
State Historic Preservation Act (SHPA) Determination:
The proposed activity is not subject to review in accordance with SHPA. The permit type is exempt or the activity is being reviewed in accordance with federal historic preservation regulations.
Coastal Management:
This project is not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act.
Opportunity for Public Comment:
Comments on this project must be submitted in writing to the Contact Person no later than Dec 23 2005.
Contact: Douglas E Borschel
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
r9dep@gw.dec.state.ny.us

Applicant: Valeo Inc
2258 Allen St
Jamestown, NY 14701 -2326
Facility: Valeo Inc Engine Cooling Truck Division
2258 Allen St
Jamestown, NY 14701
Application ID: 9-0699-00056/02001
Permit(s) Applied for: Article 19 Air State Facility
Project is Located: Jamestown, Chautauqua County
Project Description:
The Department has made a tentative determination to approve the application of Valeo, Inc. for an Air State Facility Permit. The company manufactures radiators and charge air coolers for the heavy truck industry. Manufacturing processes include metal forming, parts cleaning, soldering, welding, drying, painting and laboratory testing. Valeo is a potential major source of volatile organic compound (VOC) emissions since the potential to emit VOC exceeds 50 tons per year. The company has elected to cap VOC emissions (at 45 tons per year) below the major source threshold by limiting material usage. By accepting these limits, the company avoids the requirements of 6NYCRR Subpart 201-6, Title V Facility Permits. The company intends to surrender its existing Title V Permit upon issuance of the Air State Facility permit. The Draft Permit, with conditions, application, relevant supporting materials and regulations are available during normal business hours at the DEC office provided in this notice. Comments of support or objection may be made by filing a written statement by the deadline date indicated.

State Environmental Quality Review (SEQR) Determination:
Project is not subject to SEQR because it is a Type II action.
SEQR Lead Agency:
None Designated
State Historic Preservation Act (SHPA) Determination:
The proposed activity is not subject to review in accordance with SHPA. The permit type is exempt or the activity is being reviewed in accordance with federal historic preservation regulations.
Coastal Management:
This project is not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act.
Opportunity for Public Comment:
Comments on this project must be submitted in writing to the Contact Person no later than Dec 23 2005.
Contact: Douglas E Borschel
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203
(716)851-7165
r9dep@gw.dec.state.ny.us

Region 9 SEQR and Other Notices Region 9 SPDES Renewals