ENB Region 8 Completed Applications 04/11/2007

Seneca Power Partners LP has submitted applications for a Title IV (Acid Rain) Facility Permit, and renewal of its Title V Facility Permit, for its 57 megawatt steam and electrical power cogeneration facility, the Batavia Power Plant, located at 163 Cedar Street in the City of Batavia.  The Title V Facility Permit was originally issued January 18, 2000.  No changes in operations are proposed in the application for the Title IV Permit and the Title V Permit renewal.

The single Facility Emission Unit includes a 551.3 million BTU per hour natural gas fired turbine generator, two 16 million BTU per hour natural gas fired steam backup boilers, a 10.9 million BTU per hour diesel powered backup plant electrical supply generator, and a diesel powered starting engine for the gas turbine.  The facility remains subject to the requirements of 6NYCRR Part 201-6 (Title V) for Major Stationary Sources due to potential emissions of oxides of nitrogen (NO_X) and carbon monoxide (CO) in excess of 100 tons per year each.

No change in operations is proposed in the application for Title V Permit renewal.  

In response to the application, the Department has generated a Draft Permit that retains the NO_X cap in the initial Title V Permit, restricting NO_X emissions to 499,800 pounds per year calculated on a rolling 12 month basis.  This caps the facility's NO_X emissions below the 250 ton per year applicability threshold in federal 40 CFR 52.21 Prevention of Significant Deterioration (PSD) regulations.  Since facility construction in 1990, the facility has operated with NO_X emissions restricted to below 250 tons per year.

The Department has prepared a Draft Permit and has made a tentative determination to approve this application.

In accordance with 6NYCRR Parts 621.7(b)(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.  The Draft Permit and Permit Review Report may be viewed and printed from the Department web site at: http://www.dec.state.ny.us/website/dar/boss/afs/index.html.

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 Department has prepared a Draft Permit and has made a tentative determination to approve this application.

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 applicant proposes the renewal of a yearly, one-time treatment to 10 acres of Horseshoe Lake with the aquatic herbicide Aqua-Kleen.  Pesticides staff have confirmed that this application is a return to a previously approved product, and its re-use will not require additional review.  The application is intended to control curly-leaf pond weeds, considered nuisance, invasive aquatic plant species.  The herbicide will be applied as a surface application by a granular spreader at a rate not to exceed 150 lbs. per surface/acre. A maximum of 1500 lbs. will be allowed.  The treatment is also being done in accordance with a current, valid Freshwater Wetlands permit, issued by the Department to the applicant, for water level control at the Horseshoe Lake dam during the herbicide application.  A Water Level Management Plan has been reviewed and approved.  The project site is Horseshoe Lake, south of Horseshoe Lake Rd., approximately 0.4 mi.east of the Rt. 19B intersection.

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 Kodak Manitou facility, previously operated by Nexpress Solutions, Inc, is located in the Town of Gates, Monroe County and is part of the Rochester Technology Park, which is bordered by Manitou Road on the west and Elmgrove Road on the east. The Kodak Manitou site includes equipment manufacturing and assembly operations for the production of printers and research and development operations related to those manufacturing processes. This facility currently operates under a 5 ton cap-by-rule on Volatile Organic Compounds (VOC), which is associated with the Department’s air pollution control regulation related to surface coating operations (6NYCRR Part 228). In response to an unexpected demand for a coated product, the Eastman Kodak Company (Kodak) has determined that the facility will exceed the 5 ton per year cap and will therefore need an State Facility Air Permit, rather than the Minor Facility Registration, under which it now operates. A draft State Air Facility has been prepared and includes conditions which require that the facility-wide emissions of VOC , Total Hazardous Air Pollutants (HAP) and any individual HAP, will not exceed 49.9 tons per year (TPY), 24.9 TPY, and 9.9 TPY, respectively. These facility emission caps will ensure that the emission thresholds for a major source of air contamination are not exceeded and the Kodak Manitou facility would therefore not be subject to the requirement of obtaining a Title V Air Facility Permit. The draft permit also includes an alternate emission limit for VOC emissions from a coating process (Process C02) used in the manufacturing of rollers. The coating process is subject to the Reasonably Available Control Technology (RACT) requirements of the of 6NYCRR Part 228.  A process-specific RACT evaluation report, submitted by Kodak, concluded add-on controls, process changes or material substitutions could not be identified at this time that were both feasible or cost-effective and that Process C02 should be considered to have RACT for the maximum annual VOC emissions (25 TPY), which were the basis for the RACT evaluation. Based on its review, the Department concurs with the conclusions of the RACT evaluation. The draft permit contains a permit condition which limits VOC emitted from Process C02 to the RACT evaluation report’s baseline VOC emissions of 25 TPY.  The application and draft permit are available for review at the Region 8 Office of the New York State Department of Environmental Conservation.

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.

This application is for the yearly renewal of a one-time treatment of .95 acre/feet of the Brockport Yacht Club boat basin with the aquatic herbicide Aquathol K.  The treatment is intended to control Eurasian water milfoil, an invasive, non-native plant species, using a surface application by power sprayer at an concentration not to exceed 3.0 ppm.  The maximum amount of herbicide allowed is 7.7 gallons.  The project site is the Brockport Yacht Club on Sandy Creek, approximately 700 ft. south of the Lake Ontario shoreline.

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 applicant proposes to install approximately 115 lineal feet of stone rip rap along the shoreline of their property on Lamoka Lake located at 3527 Jerry Lane in the Town of Tyrone, Schuyler County.

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.