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ENB Region 8 Completed Applications 03/01/2023

Genesee County

Applicant:

Genesee County IDA
d/b/a Genesee County Economic Development Center
99 Medtech Dr Ste 106
Batavia, NY 14020

Facility:

Gcedc - Stamp 182 Sites
St Rte 77 - E & W Side Lewiston Rd - S Side
Alabama, NY

Application ID:

8-1820-00032/00003

Permit(s) Applied for:

Article 11 Endangered/Threatened Species (Incidental Take)

Project is Located:

Alabama, Genesee County

Project Description:

Genesee County IDA d/b/a Genesee County Economic Development Center (GCEDC) has applied for a sitewide Article 11 Part 182 permit to take overwintering habitat used by the State-Listed Endangered short eared owl and the State-Listed Threatened northern harrier on the STAMP site (Western New York Science & Technology Advanced Manufacturing Park) being developed by GCEDC in Genesee County, located west of State Route 77/63, south of State Route 77, and north of Judge Road in the Town of Alabama.

The proposed taking and associated mitigation addresses the full development of the STAMP site for future tenants, with the exception of the areas that are covered by existing Part 182 permits and areas designated to remain undeveloped. The impacts would be 665 acres of permanent impacts to open habitat which have been deemed occupied habitat by the Endangered and Threatened species referenced above.

A 1:1 replacement of the impacted habitat at the STAMP site is proposed by a Net Conservation Benefit Plan which consists of the use of two fields, a 25-acre parcel in the southeastern portion of the site that is currently being used for mitigation for 8 years for previous impacts to endangered and threatened species, and the use of 33 acres of the parcel located just north of the John White Wildlife Management Area.

The 25-acre site would be maintained in grassland habitat for a period of 45 years (which would account for nine 5-year cycles), along with a permanent conservation easement to the recently formed not-for-profit, New York Green, Inc., within the next five years (which account for two 5-year cycles); therefore, the plan is proposed to mitigate 275 acres of occupied habitat removal (11 5- year cycles of 25 acres).

The 33 acres would be converted from row crop to grassland, including hedgerow removal to increase connectivity, and maintained in grassland habitat for a period of 30 years (which would account for six 5-year cycles totally 198 acres of mitigation) and deeding the land over to NYSDEC which would also account for six 5-year cycles, totally 198 acres of mitigation), therefore this plan is proposed to mitigate for the remaining 396 acres of occupied habitat.

The file is available for review and comment by contacting the NYSDEC contact below.

Availability of Application Documents:

Filed application documents, and Department draft permits where applicable, are available for inspection during normal business hours at the address of the contact person. To ensure timely service at the time of inspection, it is recommended that an appointment be made with the contact person.

State Environmental Quality Review (SEQR) Determination:

Project is a Type I action and will not have a significant effect on the environment. A coordinated review with other agencies was performed and a Negative Declaration is on file.

SEQR Lead Agency: Genesee County Industrial Development Agency

State Historic Preservation Act (SHPA) Determination:

The proposed activity is not subject to review in accordance with SHPA. The application type is exempt and/or the project involves the continuation of an existing operational activity.

Coastal Management:

This project is not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act.

DEC Commissioner Policy 29, Environmental Justice and Permitting (CP-29)

It has been determined that the proposed action is not subject to CP-29.

Opportunity for Public Comment:

Comments on this project must be submitted in writing to the Contact Person no later than Mar 31, 2023.

Contact:

Thomas P Haley
NYSDEC Region 8 Headquarters
6274 E Avon-Lima Rd
Avon, NY 14414
(585)226-2466
DEP.R8@dec.ny.gov


Seneca County

Applicant:

Seneca Energy II LLC
2999 Judge Rd
Oakfield, NY 14125

Facility:

Seneca Energy LFGTE Facility
2053 St Rt 414 Renewable Resources Park
Seneca Falls, NY 13148

Application ID:

8-4532-00075/00029

Permit(s) Applied for:

Article 19 Air Title V Facility

Project is Located:

Seneca Falls, Seneca County

Project Description:

The Department has prepared a draft permit and has made a tentative determination, subject to public comment or other information, to approve a renewal and modification of the Title V permit for the Seneca Energy Landfill Gas to Energy (LFGTE) and High BTU facility.

Seneca Energy Landfill Gas to Energy (LFGTE) facility is an existing 17.6 Mega Watt Landfill Gas to Energy Facility which combusts landfill gas purchased from the Seneca Meadows Landfill (a separately owned facility). Emission Unit (EU) 3-STAGE currently includes fourteen CAT G3516 IC Engines and four CAT G3520 IC engines that are fueled by the landfill gas which produces electricity for sale. The facility also includes a 6,000 cubic feet per minute (scfm) High BTU Plant, EU 1-BTUPL, which beneficially recovers the methane portion of landfill gas thereby generating renewable natural gas (RNG) which is sent to the natural gas pipeline running along Route 414. Waste gas from the refining process is controlled by a 3600 scfm thermal oxidizer. Off-spec gas from the treatment system during upset conditions is combusted in the 3300 scfm open flare.

REN 3 includes a major modification which is the construction and operation of a second High BTU facility (EU 2-BTUPL) which will process 9600 scfm of landfill gas. Similar to EU 1-BTUPL, the new High BTU unit will recover the methane portion of the landfill gas to generate RNG which will be sent to the natural gas pipeline running along Route 414. EU 2-BTUPL will also include a 9600 scfm open flare (5KFLR) and a 4800 scfm thermal oxidizer (5KOXD). The facility will also be adding an additional emergency generator.

As part of the construction of the new High BTU unit, four of the CAT 3516 IC Engines and the four CAT 3520 IC engines in EU 3-STAGE (8 of the 18 engines) will be converted from being fueled by landfill gas to natural gas to power the High BTU units. The engine stacks will each have an oxidation catalyst. The oxidation catalysts will allow for the reduction in engine exhaust emissions for Carbon Monoxide (93% reduction), Formaldehyde (80% reduction) and VOCs (75% reduction). The ten remaining CAT 3516 IC engines will be permanently shut down and removed from the facility within one year of start-up of EU 2-BTUPL.

Additionally, the REN 3 permit incorporates two Operational Flexibility approvals including the addition of a fire pump engine, the elimination of a 2,000 scfm enclosed flare and modification of existing thermal oxidizer (3KOXD). In addition, the permit includes a minor modification which was the addition of a 3300 scfm open flare (3KFLR) for limited hours for off spec gas.

The applicant was required to do a Screening Analysis to verify the facility remains in compliance with Part 212 AGCs and SGCs and National Ambient Air Quality Standards.

The REN 3 permit maintains conditions for the facility which were in the REN 2 permit. These involve compliance with 6NYCRR Part 231-6 and Part 231-8 Modification to Existing Major Facilities with the existing limits for Oxides of Nitrogen (214.4 tons per year) and Carbon Monoxide (522.9 tons per year) located under 6NYCRR Part 200.6 for EU 1-BTUPL and EU 3-STAGE (engines running on landfill gas) as well as other miscellaneous sources during the transition period. The transition period consists of the construction time for the second High BTU unit and up to one year of operation upon commencement of operation of the second High BTU unit. These limits may not exceed one year after commencement of operation of the second High BTU unit. During this transition period, the facility must continue to comply with 6 NYCRR Part 227-2 NOx Reasonably Available Control Technology (RACT) Limits for engines firing on landfill gas.

No later than one year of commencement of operation of 2-BTUPL, a new limit for NOx will be established under 6NYCRR Part 201-7 for less than 99.9 tons per year. This limit caps the facility out of 6NYCRR Part 227 NOx RACT. Once the second High BTU plant is in operation, the facility will be non-major for carbon monoxide in terms of 6NYCRR Part 231; it will be less than 250 tons/year and will not require a CO limit. The facility will be greater than 100 tons per year CO, thus they will be subject to Title V, but not 6NYCRR Part 231.

The draft permit does not retain the cap for carbon dioxide equivalents on emission unit 1-BTUPL due to the Supreme Court decision in "Utility Air Regulatory Group vs. EPA (2014)".

Pursuant to the requirements of Sections 7(2) and 7(3) of the Climate Leadership and Community Protection Act (CLCPA), the Department has requested and received information regarding the project's consistency with the CLCPA.

In accordance with 6NYCRR Parts 621.7(b)(9) and 201-6.3(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. The Draft Permit and Permit Review Report may be viewed and printed from the Department web site at: http://www.dec.ny.gov/chemical/8569.html.

DEC will evaluate the application and the comments received on it to determine whether to hold a public hearing. Comments and requests for a public hearing should be in writing and addressed to the Department representative listed below. A copy of the Department's permit hearing procedures is available upon request or on the Department web site at: http://www.dec.ny.gov/permits/6234.html.

Availability of Application Documents:

Filed application documents, and Department draft permits where applicable, are available for inspection during normal business hours at the address of the contact person. To ensure timely service at the time of inspection, it is recommended that an appointment be made with the contact person.

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 performed.

SEQR Lead Agency: Seneca Falls Town Board

State Historic Preservation Act (SHPA) Determination:

Evaluation using a Structural-Archaeological Assessment Form or other information has concluded that the proposed activity will not impact registered, eligible or inventoried archaeological sites or historic structures.

Coastal Management:

This project is not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act.

DEC Commissioner Policy 29, Environmental Justice and Permitting (CP-29)

It has been determined that the proposed action is not subject to CP-29.

Opportunity for Public Comment:

Comments on this project must be submitted in writing to the Contact Person no later than Mar 31, 2023.

Contact:

Kimberly A Merchant
NYSDEC Region 8 Headquarters
6274 E Avon-Lima Rd
Avon, NY 14414
(585)226-2466
DEP.R8@dec.ny.gov


Steuben County

Applicant:

Corning Incorporated
HP-ME-02-06
Corning, NY 14831

Facility:

Corning Diesel Manufacturing Facility
890 Addison Rd (St Rte 417)
Painted Post, NY 14870

Application ID:

8-4642-00108/00002

Permit(s) Applied for:

Article 19 Air Title V Facility

Project is Located:

Erwin, Steuben County

Project Description:

The Department has prepared a draft permit and made a tentative determination to issue the second renewal, with modifications, of the Title V Facility Permit to authorize operations at the Corning Inc. - Diesel Manufacturing Facility, located 890 Addison Road, Painted Post, NY which produces ceramic filters and substrates for diesel engine emission control devices. Facility activities are grouped into emission units U-00001 though U-00007 and include material handling and storage, forming, drying, and extrusion of ceramic ware, operation of natural gas-fired boilers, heaters, and generators, and finishing operations.

Permit Renewal 2 incorporates the following changes made to the facility during the term of the prior permit in accordance with the Operational Flexibility provisions: Addition of Emission Point E024D to U-00004; installation of the Forming Line 1 Dryer under U-00003, Process P04; and installation of the De-oiling Oven under U-00003, Process P04.

Additionally, Renewal 2 addresses a permit modification application submitted in May 2017 that was never acted upon by the Department. This modification requested revisions to the 6 NYCRR 257-8 ambient fluoride standard compliance methodology for the kilns and the VOC control requirement for Tunnel Kiln 4. Accordingly, Renewal 2 includes revisions and updates to the hydrogen fluoride (HF) monitoring conditions for the kilns under 6 NYCRR 257-8. The VOC control limit for Tunnel Kiln 4 has also been revised to 99 percent (%) reduction consistent with Tunnel Kiln 3. These changes do not affect the existing case-by-case MACT limits for HF nor change the VOC emission caps.

This renewal retains the federally enforceable emissions caps under 6 NYCRR 201-7 for CO, VOC, PM, PM10, PM2.5, and NOx established in prior permits to remain below the applicability thresholds for New Source Review. The emissions capping conditions for U-0006 and U-00007 reflect limiting emissions below the Significant Project /Significant Net Emissions Increase Thresholds for prior modifications to the permit. The facility must continue to comply with NOx and VOC LAER requirements under 6 NYCRR 231 for changes made as part of the Ren 0, Mod 3 ATV permit.

Facility operations are subject to 40 CFR 60, Subpart OOO NSPS for Non-metallic Mineral Processing and the 40 CFR 63, Subpart B Case-by-Case MACT standard. The applicability and requirements for these regulations are unchanged from the prior permit.

Facility emergency generators are subject to 40 CFR 63, Subpart ZZZZ NESHAP for Industrial, Institutional and Commercial Stationary Internal Combustion Engines and/or 40 CFR 60, Subpart IIII NSPS for Stationary Compression Ignition Internal Combustion Engines. The facility must comply with the applicable requirements of the 40 CFR 63, Subpart ZZZZ NESHAP and 40 CFR 60, Subpart 60, Subpart IIII NESHAP.

Numerous changes to permit conditions have been made where necessary to reflect updated regulations, correct permit citations, remove outdated requirements, clarify monitoring requirements and limits, and other miscellaneous changes. Except for the revisions above, these changes to not affect the existing limits, caps, and monitoring conditions established in prior permits.

In accordance with 6NYCRR Parts 621.7(b)(9) and 201-6.3(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. The Draft Permit and Permit Review Report may be viewed and printed from the Department web site at: http://www.dec.ny.gov/chemical/8569.html.

DEC will evaluate the application and the comments received on it to determine whether to hold a public hearing. Comments and requests for a public hearing should be in writing and addressed to the Department representative listed below. A copy of the Department's permit hearing procedures is available upon request or on the Department web site at: http://www.dec.ny.gov.

Availability of Application Documents:

Filed application documents, and Department draft permits where applicable, are available for inspection during normal business hours at the address of the contact person. To ensure timely service at the time of inspection, it is recommended that an appointment be made with the contact person.

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 performed.

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 application type is exempt and/or the project involves the continuation of an existing operational activity.

Coastal Management:

This project is not located in a Coastal Management area and is not subject to the Waterfront Revitalization and Coastal Resources Act.

DEC Commissioner Policy 29, Environmental Justice and Permitting (CP-29)

It has been determined that the proposed action is not subject to CP-29.

Opportunity for Public Comment:

Comments on this project must be submitted in writing to the Contact Person no later than Mar 31, 2023.

Contact:

Kimberly A Merchant
NYSDEC Region 8 Headquarters
6274 E Avon-Lima Rd
Avon, NY 14414
(585)226-2466
DEP.R8@dec.ny.gov


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