Region 8 SEQR and Other Notices Region 8 SPDES Renewals

ENB Region 8 Completed Applications 06/07/2006

Monroe County

Applicant: Continental Industrial Capital LLC
PO Box 24710
Los Angeles, CA 90024
Facility: Rochester Technology Park
789 Elmgrove Rd
Rochester, NY 14624
Application ID: 8-2626-00109/00009
Permit(s) Applied for: Article 19 Air Title V Facility
Project is Located: Gates, Monroe County
Project Description:
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.
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:
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 Jul 10 2006.
Contact: Roger T McDonough
NYSDEC Region 8 Headquarters
6274 East AVON-LIMA Rd
Avon, NY 14414
(585)226-2466
r8dep@gw.dec.state.ny.us

Applicant: Town of Perinton
1350 Turk Hill Road
Fairport, NY 14450 -8796
Facility: Green Valley Pond
Green Valley Rd & Ayrault Rd
Perinton, NY
Application ID: 8-2644-00307/00001
Permit(s) Applied for: Article 15 Title 5 Excavation & Fill in Navigable Waters
Project is Located: Perinton, Monroe County
Project Description:
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.
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 Jun 23 2006.
Contact: Thomas P Haley
NYSDEC Region 8 Headquarters
6274 East AVON-LIMA Rd
Avon, NY 14414
(585)226-2466
r8dep@gw.dec.state.ny.us

Wayne County

Applicant: R E Ginna Nuclear Power Plant LLC
750 E Pratt St - 17TH Fl
Baltimore, MD 21201
Facility: R E Ginna Nuclear Power Plant
1503 Lake Rd
Ontario, NY 14519
Application ID: 8-5434-00010/00003
Permit(s) Applied for: Section 401 - Clean Water Act Water Quality Certification
Article 17 Titles 7 & 8 Industrial SPDES
Project is Located: Ontario, Wayne County
Project Description:
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.  

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 located in a Coastal Management area and is 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 Jul 7 2006.
Contact: Kimberly A Merchant
NYSDEC Region 8 Headquarters
6274 East AVON-LIMA Rd
Avon, NY 14414
(585)226-2466
r8dep@gw.dec.state.ny.us

Applicant: Sos (SAVE Our Sodus) Inc
PO Box 424
Alton, NY 14413
Facility: Second Creek Project
Nw Sodus Bay @ Mouth of Second Creek
Sodus, NY
Application ID: 8-5442-00325/00001
Permit(s) Applied for: Article 24 Freshwater Wetlands
Article 15 Title 3 Aquatic Pesticides
Project is Located: Sodus, Wayne County
Project Description:
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.
State Environmental Quality Review (SEQR) Determination:
A draft environmental impact statement has been prepared on this project and is on file.
SEQR Lead Agency:
NYS Department of Environmental Conservation
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 located in a Coastal Management area and is 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 Jun 21 2006.
Contact: Thomas P Haley
NYSDEC Region 8 Headquarters
6274 East AVON-LIMA Rd
Avon, NY 14414
(585)226-2466
r8dep@gw.dec.state.ny.us

Region 8 SEQR and Other Notices Region 8 SPDES Renewals