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4.4 Air Quality 

Subsection 3.4 described the air quality of the Study Area in detail. This section addresses 

potential direct, indirect, and cumulative effects to air quality associated with the 

implementation of the Proposed Action or any of the alternatives including the No Action 

Alternative, described in Section 2.0 Alternatives. Section 4.1 Introduction established the 

context for defining criteria to determine the potential for a significant effect within any 

resource category. Specific significance criteria for evaluating potential air quality effects 

are presented below. Section 2.0 Alternatives and Section 4.1 Introduction establish and 

define the range of possible taxation and jurisdictional scenarios that would apply to lands 

not conveyed into trust. 

Significance Criteria 

For the purposes of defining whether the Proposed Action or the alternatives (including 

the No Action Alternative) would have a potentially significant adverse effect to air 

quality, several criteria are considered. Potentially significant adverse effects may occur 

directly, indirectly, or cumulatively if the action is likely to: 

• Violate the New York State Ambient Air Quality Standards (NYSAAQS) shortterm and annual guideline concentrations or National Ambient Air Quality 

Standards (NAAQS) or contribute to an existing or projected air quality violation; 

• Conflict with the New York State Implementation Plan; 

• Result in a cumulative net increase in emissions of any criteria pollutant for which 

the project region is nonattainment under applicable New York State or federal air 

quality standards; 

• Expose sensitive receptors to unhealthy air pollutant concentrations; 

• Create objectionable odors affecting a large population. 

4.4.1 Direct Effects 

The proposed federal action does not involve construction (which could have short-term 

effects to air quality), the addition of new stationary sources, or a significant expansion of 

existing facilities that would increase the number of visitors. Implementation of the 

Proposed Action (Alternative A) or any of the alternatives described in Section 2.0 would 

not result in the introduction, or modification of any air emission sources on Nation lands, 

adjacent non-Nation lands or on any lands within the Study Area. As such, 

implementation of the Proposed Action or any of the trust alternatives would not result in 

any direct effects to air quality in the local area, towns, counties or surrounding region. 
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4.4.2 Indirect Effects 

There are no ongoing or planned development projects or facility expansions that are 

contingent on the implementation of the Proposed Action or the trust alternatives. 

However, implementation of the proposed action or any of the trust alternatives would 

allow the continued operation of the Turning Stone Resort & Casino thereby indirectly 

allowing projected growth associated with casino operations to occur over time. This 

growth is realized as an increase in casino visits and an associated increase in casino 

employment which would result in the introduction of additional mobile source emissions 

within the Study Area. As such, implementation of the Proposed Action or the trust 

alternatives would result in an increase in mobile source emissions. Table 4.4-1 shows the 

projected incremental increase in mobile source emissions associated with casino growth 

(including both patrons and employees) between 2006 and 2011 for each of the criteria 

pollutants associated with mobile sources. 

Table 4.4-1 

Projected Incremental Increase in Mobile Source Emissions (tons per year) 

Between 2006 through 2011 

USEPA Criteria Pollutants Increased Emissions 

(tons per year) Percent Increase 

CO 5,794 42% 

NOx 107 29% 

VOCs 116 29% 

PM10 6 35% 

PM2.5 4.5 53% 

This increase in mobile source emissions is not expected to have an effect to regional air 

quality due to total volume of trips that occurs within the region. 

Alternatives C, D, E, F and G would exclude various parcels from conveyance into trust. 

The indirect effects associated with these alternatives vary according to the various 

taxation scenarios. Under the Property Taxes Paid scenario, current activities would 

presumably continue and emission sources or total emissions would change as described 

above. The Nation would submit to regulation of air emission sources under applicable 

State laws including 6 NYCRR Parts 201, 212, 231, and 257, and the permitting 

requirements for process and combustion sources. Under the Property Taxes Not Paid—

Dispute Continues scenario the collection of New York State and local taxes and the 

applicability of New York State and local regulations would remain in dispute. The 

requirements of the Federal Clean Air Act (40 CFR Parts 71, 60 and 109) would continue 

to apply. Current activities and future growth would presumably continue as described 

above. 

A range of indirect effects could occur under the Property Taxes Not Paid—Foreclosure 

scenario, and they would vary according to the particular alternative. In general it is 

assumed that current economic activities and uses of the properties not conveyed into trust 
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would not continue following foreclosure. In most instances this would result in the 

closure of stationary emission sources and a reduction in vehicle trips (mobile source 

emissions) associated with these activities. The following discussion summarizes these 

potential effects. 

Alternative C. No lands in Group 3 would be conveyed into trust. As described in 

Subsection 3.4, there are very few emissions sources on these properties and no activities 

that generate significant mobile source emissions. Overall, air emissions associated with 

these activities are low and are consistent with current emissions from similar activities on 

non-Nation lands. Other emissions include odors, gases, and dust from production 

agriculture including livestock operations (poultry and pig shelters, open cattle feedlots), 

manure storage facilities, and land application of manure. These types of emissions are 

consistent with the surrounding agricultural land uses that occur on non-Nation lands as 

well as Nation lands. The reduction in emissions, while beneficial, would be limited given 

the small area on which these activities occur when compared to the total area of land in 

the Study Area that supports similar activities. 

Alternative D. Lands in Group 2 and Group 3 would not be conveyed into trust. 

Activities on lands in Group 2 that are potential sources of air emissions include the 12 

SavOn gas stations and convenience stores and the sand and gravel quarry. Air emissions 

from the gas stations include hydrocarbon emissions or evaporative emissions that 

emanate from motor vehicle fuel tanks and fuel spillage during refueling operations. 

Operation of the sand and gravel quarry is a potential source of fugitive dust, similar to 

other sand and gravel quarries in the region. Other land uses in Group 2 do not represent 

significant air emissions sources. It is assumed that these activities would cease following 

foreclosure. Air emissions associated with the gas station operation would likely relocate 

to nearby non-Nation stations. Monitored ambient air quality levels have not exceeded the 

corresponding federal and New York State standards over the past three-year monitoring 

period. Oneida and Madison Counties are currently in attainment for all NAAQS with the 

exception of ozone (New York and other northeastern states are part of the Northeast 

Ozone Transport Region, defined by the U.S. Congress as a nonattainment area for ozone 

precursors and as a result, the Central AQCR is also designated as nonattainment for 

ozone). Elimination of emission sources associated with Alternative D would result in a 

beneficial reduction in air emissions in the region. These effects would be in addition to 

the effects associated with Alternative C (described above). 

Alternative E. Only the casino parcel would be conveyed into trust. The remaining 

properties in Group 1 as well as those in Group 2 and Group 3 would not be conveyed 

into trust. The Group 1 properties not conveyed into trust would include the recently 

constructed cogeneration plant which has the following combustion sources: 

• 1 natural gas-fired turbine generator with a heat recovery steam generator (59.86 

MMBtu/hr); 
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• 1 natural gas-fired package boiler (33.48 MMBtu/hr); 

• 1 natural gas/distillate oil fired package boiler (33.48 MMBtu/hr); and 

• 1 emergency diesel generator (3.62 MMBtu/hr). 

Combustion sources such as boilers, gas turbines, and generators emit criteria pollutants, 

VOCs, and air toxics. Other emission sources that would not be conveyed into trust 

include: 

• Emissions associated with golf course operations and related resort, casino, and 

golf club maintenance, parking and warehouse facilities; 

• Mobile source emissions associated with vehicular trips related to the Inn at 

Turning Stone, the RV campground, and the Nation’s five golf courses. 

Following foreclosure, the activities on these properties would likely cease and the air 

emissions associated with these activities would be eliminated. This would include the 

cogeneration plant. The Nation would obtain power for the Turning Stone Resort & 

Casino from the National Grid. Shutting down the cogeneration plant, a major emission 

source would result in a net reduction in air emissions in the region. This reduction may 

be offset by an increase in the National Grid’s power generation emissions; however, these 

emissions could occur over a wide area as the Grid has the ability to import electricity 

from a variety of energy pools. The Nation’s cogeneration plant has a NOx emission 

potential of 60 tons/year. As described above, monitored ambient air quality levels have 

not exceeded the corresponding federal and New York State standards over the past threeyear monitoring period and Oneida and Madison Counties are in attainment for all 

NAAQS with the exception of ozone. Regardless, this reduction in emissions would have a 

beneficial effect to local air quality. 

Alternative F. Lands in Group 1 and most of the lands in Group 2 would be conveyed 

into trust, as well as Group 3 lands that are contiguous to Group 1 and 2 lands. Activities 

on lands not transferred into trust under Alternative F are similar to those included under 

Alternative C. These activities include agricultural land uses and the Nation’s sand and 

gravel quarry. Assuming these activities would cease following foreclosure, the effects of 

this alternative would be similar to those of Alternative C. 

Alternative G. None of the Nation’s lands would be conveyed into trust. Under the 

Property Taxes Not Paid—Foreclosure and Casino Closes—All Enterprises Close

scenarios, activities that are associated with air emissions would cease. In addition to the 

indirect effects identified above for Alternatives C, D, and E (above) would be the 

following: 

• Reduction of mobile source emissions associated with vehicular traffic to the 

Turning Stone Resort & Casino (casino, spa and salon, the Lodge, the Tower, the 

hotel, and events and conference centers); 
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• Elimination of hydrocarbon emissions associated with all of the Nation’s SavOn 

gas stations and convenience stores; 

• Elimination of criteria pollutant emissions associated with two natural gas boilers 

(20.4 MMBtu/hr each) and six emergency diesel generators (about 2 MMBtu/hr to 

15 MMBtu/hr). 

Table 4.4-2 shows the stationary source emissions associated with the operation of the 

Turning Stone Resort & Casino. Closing of the casino would eliminate the associated 

emission sources and would have a beneficial effect to local and regional air quality. 

Table 4.4-2 

Facility-wide Emissions in Tons per Year, 2005 

USEPA Criteria Pollutants Facility Emissions 

(tons per year) 

CO 89 

NOx 154 

VOCs 14.3 

PM10 22.5 

SO2 88 

Similarly, elimination of visitor and employee vehicle trips to the casino would reduce the 

amount of associated mobile source emissions. Many of the trips that contribute to these 

emissions would not be wholly eliminated if the casino were to close, as many of these 

trips may be multi-purpose and not solely related to the casino. Single destination trips to 

the casino would be eliminated. Some of these trips could be redirected to other casinos in 

the Northeast. Mobile source emissions from redirected trips could have an effect to air 

quality in other parts of the Northeast. It would be speculative to attempt to 

quantitatively evaluated the the effect that these emission might have. Employee trips 

would also be eliminated if the casino were to closed; however, it is possible that some 

individuals would seek employment elsewhere in the region and emissions associated with 

their travel to and from work would still occur. Others may seek employment outside the 

region and emissions associated with those trips would be relocated. 

4.4.3 Cumulative Effects 

The Nation’s ongoing and reasonably foreseeable plans (described in Subsection 4.1.4) 

include development projects that would result in a relatively small increase in air 

emissions. 

With the exception of Alternatives E (Turning Stone Casino Gaming Floor Tax Lot) and 

Alternative G (No Action), there is only a nominal difference between the potential 

cumulative air quality effects of each of the alternatives. Alternative E and G could result 

in the closure of the cogeneration plant and/or the entire Turning Stone Resort & Casino 

and all associated facilities. This would result in a potential net reduction in both 

stationary and mobile source air emissions in the region. When taken cumulatively with 

ongoing and planned non-Nation projects, implementation of the Proposed Action or the 
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alternatives would result in a modest overall increase in air emissions. Implementation of 

Alternatives E or G along with the non-Nation projects would have a lower total 

contribution of air emissions than implementation of the Proposed Action or Alternatives 

B, C, D and F.