ENB Region 8 Completed Applications 06/07/2006

Continental Industrial Capital LLC has submitted an application for renewal of its Title V Facility Permit for its Rochester Technology Park gas and oil fired boiler plant, which provides steam for leased buildings at the former Kodak Elmgrove site.

The Title V Facility Permit was originally issued August 28, 2001, for five boilers able to burn either natural gas or #6 fuel oil.  Physical blocks were placed on each boiler to prevent operation at a rate higher than 50 million BTU per hour, which limited the boilers to the “Small Boiler” category in 6 NYCRR Part 227-2.2 (b)(18).  These restrictions were included in the original Title V Permit, and remain in the current Permit.

The single facility Emission Unit includes the 5 boilers limited to a heat input of 50 million BTU per hour each. No changes in operations or emissions are proposed from the Permit effective August 28, 2001.  The facility remains subject to 6 NYCRR Part 201-6, Title V Facility Permits for major stationary sources, due to potential emissions of oxides of nitrogen (NOx) in excess of 100 tons per year.

The application and Draft Permit are available for review at the Region 8 NYSDEC office.

The Draft Title V Facility Permit and Permit Review Report may be viewed or downloaded as .pdf files at: http://www.dec.state.ny.us/website/dardata/boss/afs/draft_atv.html

In accordance with 6NYCRR Parts 621.5(d)(9) and 201-6.4(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: http://www.dec.state.ny.us/website/ohms/gudph1.htm.

The applicant proposes the draining and dredging of two ponds located on a Class C tributary of Irondequoit Creek near the intersection of Ayrault Road and Green Ridge Road. Approximately 1,500 cubic yards of accumulated silt and sediment will be removed from the upper pond and 4,200 cubic yards will be removed from the lower pond. The silt and sediment removed from the ponds will be disposed of at an authorized Part 360 landfill facility.

The Department has made a tentative determination to approve an application for modification of an existing SPDES permit issued to R. E. Ginna Nuclear Power Plant LLC (a subsidiary of Constellation Energy Group LLC) for an existing discharge of circulating cooling water, service water from pumps, and boiler blowdown of 520 million gallons per day.  The modification involves an Extended Power Uprate (EPU) of 16.8% to 580 Mwe [1775 megawatts-thermal] from current 490 Mwe [1520 megawatts-thermal] operation at the Ginna Nuclear Power Plant.  This uprate will affect the discharge temperature, delta (Δ) temperature between the discharge temperature and intake temperature, and increase the size of the mixing zone area in nearshore Lake Ontario. Under EPU operating conditions, the difference in temperature would be approximately 25 degrees F in summer (i.e., intake temp > 45 degrees F) and 35 degrees F in winter (i.e., intake temperature < 45 degrees F).  In addition to these changes, this draft permit also incorporates requirements listed in Subpart J of 40CFR125.91- Requirements Applicable to Cooling Water Intake Structures for Phase II Existing Facilities Under 316(b) of the Clean Water Act, includes a Schedule for Compliance for Total Residual Chlorine, and eliminates the impingement and entrainment studies that have been completed.  A 401 Water Quality Certification modification is required to certify that the proposed activity subject to License Amendement by the United States Nuclear Regulatory Commission meets the State water quality standards.  The Department seeks comments on the proposed regulated activity prior to making a decision.  The file is available for review at the NYSDEC Region 8 office.  

The applicant seeks to eradicate water chestnut (Trapa natans), an invasive aquatic species, in the mouth of Second Creek on Sodus Bay. The eradication efforts will include the application of Rodeo, a registered aquatic pesticide, to approximately 12.5 acres of open water, mechanical harvesting of the deeper areas (12 acres) and hand pulling of water chestnut where the invasive species is intertwined with cattails.  Portions of the treatment and harvesting area are located within NYS regulated Freshwater Wetland RO-27 and its adjacent area. This proposal is consistent with the Programmatic Environmental Impact Statement On Aquatic Vegetation Control Program of the Department of Environmental Conservation and its Findings. Sodus Bay is an approximately 3,080 acre embayment off Lake Ontario, located in Wayne County. The application materials are available for public review and comment at the NYS DEC Regional Office in Avon, NY.