ENB Region 9 Completed Applications 06/21/2006

The Department has made a tentative determination to modify the existing State Pollutant Discharge Elimination System Permit # NY0167339 to allow a discharge of up to 40,000 gallons per day of treated sanitary wastewater to Upper Cassadaga Lake from a proposed sand filter system that will serve the applicant's facility located at 8115 Glasgow Road in the Town of Pomfret. The proposed system will replace the existing absorption field which has failed. 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 replacement system will also require an Article 15 Protection of Water permit to construct the outfall for the discharge into Upper Cassadaga Lake. 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 notice by application and SPDES Permit numbers listed above.

The applicant proposes to construct and operate a 4.8-megawatt power production plant (PPP) utilizing landfill gas from the existing 50.93 acre Chaffee Landfill as a source of fuel.  The proposal will require modification to the facility’s Solid Waste Management Permit, a new Freshwater Wetlands Permit and an Air State Facility Permit.  At the present time, landfill gas from the Chaffee Landfill is being controlled by an enclosed flare and a small backup open flare.  The PPP is proposed to be the primary landfill gas control system for landfill gas emissions from the existing Chaffee Landfill and the enclosed flare and open flare would act as the backup landfill gas control system.  The PPP building is proposed to contain six internal combustion reciprocating engines rated at 1148 Bhp (brake horsepower) per engine.  A paved access road, four parking spaces, a gravel yard area, drainage improvements and electric lines from the PPP to the New York State Electric and Gas-owned electric lines along Hand Road are also planned.   Four litter fence posts along the existing eastern service road and located within the 100 foot wide regulated adjacent area of Freshwater Wetland AR-11 are proposed to be replaced by four utility poles.  The utility poles would also act as fence posts for the existing litter control fence.  The power plant is proposed to be constructed approximately 350 feet east of the toe of the support berm of the existing Chaffee Landfill and about 1200 feet south of Hand Road.  

The Department has drafted an Air State Facility (ASF) Permit pursuant to Article 19 (Air Pollution Control) of the NYS Environmental Conservation Law (ECL) and Federal Clean Air Act Amendments and made a tentative determination to approve this application for the PPP.  Filtering, dewatering, and compressing the gas prior to combustion in the internal combustion reciprocating engines will treat the landfill gas as provided in 40 CFR 60.752(b)(2)(iii)(C).  Equipment that uses treated landfill gas will not be subject to the requirements of the NSPS including the performance testing and ongoing monitoring, record keeping and reporting or the SSM requirements under 40 CFR 63 Subpart A.  The PPP is a minor source under 6 NYCRR Part 231-2 non-attainment New Source Review (NSR) for oxides of nitrogen(NOx) because the potential to emit of the engines is less than 100 tons per year (tpy).  The PPP is also a minor source for non-attainment new source review for volatile organic compounds (VOC) because the potential to emit of the engines is less than 50 tpy.  Due to the addition of the PPP, the entire Chaffee Landfill will become a major source for NOx.  As such, the engines must meet the requirements of 6 NYCRR Part 227-2 Reasonably Available Control Technology (RACT) for NOx.  Also included in this permit are initial and periodic emission testing requirements to verify that the applicant continues to comply with the emission control requirements.  

The Department has made a tentative determination to approve this application for a modification of an existing discharge of a varying amount (0.5 - 2.0MGD) of treated wastewater into the Niagara River from the Niagara Falls Municipal Water Treatment Plant located at 5801 Buffalo Avenue, Niagara Falls.  The applicant plans to continue operations with the following changes:

Refer to this application by application number listed above and SPDES number, NY-024-3281.