ENB Region 9 Completed Applications 04/26/2006

The Department has made a tentative determination to approve this application for a new permit to allow the proposed surface discharge of up to 3,500 gallons per day of treated sanitary wastewater into an existing storm sewer system, tributary to Cazenovia Creek. The wastewater treatment system consists of a septic tank and a sand filter at an existing building where the applicant plans to operate a full service restaurant and bar. This tentative determination indicates that the discharge regulated under this statute is considered to satisfy regulatory standards for permit issuance, based on information available to the Department at this time. The Department seeks comments on the proposed regulated activity prior to making a final decision on permit issuance. As such, this tentative determination does not signify Department approval for or endorsement of the activity for which a permit is sought or for the overall proposed project. In commenting, please refer to this application by application number listed above and SPDES number, NY-0269751.

Applicant proposes mining of approximately 1.2 million tons/cubic yards of topsoil and clay over an estimated life-of-mine of five years by expanding an existing 20 acre irrigation pond by 32 acres, to create a 52 acre pond, at 2752 Ridge Road in the Town of Lewiston on property owned by Mr. and Mrs. Gerald Helmich and Mr. Christopher Danielewicz.  The expansion is a horizontal expansion of the mine and a deepening of a previously approved mining area from 14-16 feet deep to 25 feet deep. The site will be reclaimed to a 25 foot deep pond with disturbed areas graded and seeded with grasses. This Complete Notice supercedes a previous Notice of March 17, 2006.

The Department (DEC) has prepared a Draft Permit and has made a tentative determination to approve this application for renewal of an existing Title V Permit for Indeck Energy Services of Silver Springs, Inc. (Indeck).  Indeck operates a combined cycle co-generation plant that produces electricity and process steam at its Indeck-Silver Springs Energy Center located in the Village of Silver Springs.  Indeck commenced operation in 1991 with a rated capacity of 57.9 megawatts (MW) of electricity.  The facility consists of a General Electric Frame 6 gas turbine that fires primarily natural gas, but can also fire number 2 fuel oil as backup; a Continuous Emission Monitoring System (CEMS) is used to measure and record emissions of oxides of nitrogen (NOx), carbon monoxide (CO), and oxygen (O2) at the stack; an auxiliary boiler rated at 170 million Btu per hour (mmBtu/hr) that burns natural gas or fuel oil; and an ammonia stripping tower. The Draft Permit includes conditions that originated in the Prevention of Significant Deterioration (PSD) 40 CFR 52-A.21(j) permit issued when the facility was constructed in 1990-1991.  When different regulations had emission limits for the same contaminate or surrogates, the most stringent limit was included in the permit.  The permittee is exempt from the requirements of Continuous Assurance Monitoring (CAM), 40 CFR Part 64.  In accordance with 6 NYCRR Parts 621.5(d) and 201-6.4(c), the Administrator of 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 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. 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 DEC 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 DEC is required to make pursuant to the Environmental Conservation Law exist.  A copy of DEC's permit hearing procedures is available upon request or on the DEC web site at: http://www.dec.state.ny.us/website/ohms/gudph1.htm.

The Department (DEC) has prepared a Draft Permit and has made a tentative determination to approve this application for  Title IV (Phase II Acid Rain) Permit as required by 40 CFR Part 72 for Indeck-Silver Springs Energy Center's existing combined cycle cogeneration plant which produces electricity and process steam in the Village of Silver Springs.  Issuance of the Title IV Permit will allow the US Environmental Protection Agency (EPA) and DEC to enforce the requirements of the Acid Rain Program.  No emissions increase will result from the issuance of this permit.  Prior permits issued to this facility remain in force and include requirements for compliance with 40 CFR 52-A.21(j), Prevention of Significant Deterioration of Air Quality, Best Available Control Technology (BACT).  The applicant will be required to have sufficient sulfur dioxide (SO2) allowances in its possession to cover SO2 emissions from this facility.  The applicant shall submit annual compliance certification reports to EPA and DEC.  The applicant shall monitor, maintain and certify monitoring systems for NOx emissions, oxygen emissions and volumetric flow rates in accordance with the requirements of 40 CFR Part 75.  They monitor for SO2 according to 40 CFR Part 75.  In accordance with 6 NYCRR Parts 621 and 201, the Administrator of EPA has authority to bar issuance of this permit if it is determined not to be in compliance with the applicable requirements of the Clean Air Act or 6 NYCRR Part 201.