ENB Region 8 Completed Applications 11/22/2006

Western New York Energy LLC has submitted a SPDES application for discharge of non-contact cooling water and reverse-osmosis, non-contact utility water from the Shelby Ethanol Plant, a new 57.75 million gallon per year ethanol fuel production facility to be located northeast of the intersection of Bates Road and NYS Route 31A, in the Town of Shelby.

The Department has determined that the application meets permit issuance standards, and that a Permit can be issued, unless comments on the Draft Permit raise significant issues which have not been adequately addressed.

The applicant originally proposed to use water treatment chemicals for water cooling tower pH control, cooling tower disinfection, cooling tower anti-scaling and corrosion inhibition, reverse osmosis process anti-scaling, reverse osmosis chlorine removal, and reverse osmosis disinfection.

Of the water treatment processes applied for, the Department has approved water cooling tower pH control, cooling tower anti-scaling and corrosion inhibition, and reverse osmosis process anti-scaling.  Authorized water treatment chemicals and their allowed dosage and discharge rates shall be specified as part of the final permit.

The discharge proposed is approximately 102,000 gallons per day (70.83 gallons per minute), discharged through a 12 inch pipe into Oak Orchard Creek at a point approximately 0.7 mile west of the plant.

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

Filed application documents, and Department draft permits where applicable, are available for inspection under the provisions of the Freedom of Information Law during normal business hours at the address of the contact person.

In response to an application submitted by the applicant, DEC has prepared a Draft Title V Permit renewal and modification of the Title V Facility Permit to replace an initial Title V permit originally issued on June 26, 2001 for the operation of a Seneca Meadows, Inc. (SMI) sanitary landfill located at 1786 Salcman Road in the Town of Seneca Falls, NY.  That Permit authorized the operation of three emission units including: Emission Unit 1-Leach (leachate tank), Emission Unit 1-LFGAS (landfill gas from 4 landfill areas and associated control equipment), and Emission Unit 1-Soils (temporary BUD material storage).  That permit limited emissions of CO and NO_X to less than 250 tpy of CO and less than 100 tpy of NOx. The facility is located adjacent to the Seneca Energy, Inc. (SEI) facility which purchases landfill gas from Seneca Meadows and generates electricity from landfill gas.  The SEI facility is currently permitted under Title V.

After the original permit was issued, SMI applied for a minor modification to increase the size of the leachate storage tank from 297,000 gallons to 501,825 gallons.  The application was deemed a minor modification and a Notice of Complete Application and a negative declaration were issued.  SMI also applied for a modification to relocate the flares across NYS Route 414 from the existing facility to the new energy facility which is located within the Renewable Resource Park, a 238-acre industrial park, being developed by Seneca Meadows, Inc. (SMI), (a complex including a greenhouse facility).  SMI was authorized to proceed on these modifications in accordance with 6 NYCRR Part 201-6.7(c).   This Title V Permit renewal reflects the addition of these previously approved minor modifications.  

In addition, the renewal application requested minor modifications including a change in capacity of 3 horizontal petroleum tanks (500 gallons to 650 gallons, 1,000 gallons to 2,000 gallons, and 275 gallons to 240 gallons), two back-up emergency generators and use of odor neutralizing agents, and other minor changes in permit conditions.  The Division of Air has determined that the proposed minor modifications meet the requirements of 6 NYCRR Part 201-6.7(c) and are hereby included within this renewal.  

In addition, Department staff determined that the facility should be limited with an emission cap of less than 250 tons per year for carbon monoxide (CO) and an emission cap of less than100 tons per year of Nitrogen Oxides (NOx).  The facility is minor with respect to PSD/NSR and it is not subject to 6NYCRR Part 227-2 NOx RACT.

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

Filed application documents, and Department draft permits where applicable, are available for inspection under the provisions of the Freedom of Information Law during normal business hours at the address of the contact person.

The Department has received an application to create Arcadia Water District #9 and take for use therein a supply of water estimated to average 11,000 gallons per day from the Wayne County Water and Sewer Authority's Western Service Area supply network.  This project includes the installation of 19,700 linear feet of 8 inch watermain and appurtenances to serve 85 residences. A portion of the watermain will be installed within the regulated 100 foot adjacent area of NYS Freshwater Wetland NE-1 along Ryder Road and Tack Road.  The Department has made a tentative determination to approve this application.  As a tentative determination, the Department is seeking public comments prior to making a final decision on permit issuance.