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ENB Region 8 Completed Applications 04/22/2009

Monroe County

Applicant:

Tharaldson Development Co
1201 Page Dr
PO Box 10519
Fargo, ND 58106

Facility:

Staybridge Suites
2105 Hylan Dr
Rochester, NY

Application ID:

8-2632-00306/00002

Permit(s) Applied for:

Article 24 Freshwater Wetlands
Section 401 - Clean Water Act Water Quality Certification

Project is Located:

Henrietta, Monroe County


Project Description:

The applicant proposes the construction of a 96 unit four (4) story hotel and associated parking lot. Improvements to an existing road and the construction of a new stormwater management facility access road will result in the disturbance of 0.29 acres of the wetland adjacent area surrounding New York State Freshwater Wetland HR-17.

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: Henrietta Town Planning Board

State Historic Preservation Act (SHPA) Determination:

A cultural resources survey has been completed. The report of the survey is on file. No archaeological sites or historic structures were identified at the project location. No further review in accordance with SHPA is required.

Coastal Management:

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

Opportunity for Public Comment:

Comments on this project must be submitted in writing to the Contact Person no later than May 07, 2009.

Contact:

Thomas P Haley
NYSDEC Region 8 Headquarters
6274 E AVON-LIMA Rd
Avon, NY 14414
(585)226-2466
r8dep@gw.dec.state.ny.us


Ontario County

Applicant:

Town of Canandaigua
5440 Rte 5 & 20
Canandaigua, NY 14424

Facility:

Onanda Park
4956 W Lake Rd (CO Rte 16)
Canandaigua, NY

Application ID:

8-3224-00080/00008

Permit(s) Applied for:

Article 15 Title 5 Excavation & Fill in Navigable Waters
Section 401 - Clean Water Act Water Quality Certification

Project is Located:

Canandaigua, Ontario County


Project Description:

The applicant proposes the installation of a new 125' vinyl sheet pile breakwall that will be generally located above the mean high water level of Canandaigua Lake. This section of shoreline has eroded to a point where the existing handicapped accessible sidewalk has become unsafe. The wall will be driven to a depth such that approximately only 10 - 12" will show above the existing shale. Heavy rock will be embedded in front of the wall and covered with shale. A new sidewalk will be constructed, restoring handicapped access to the fishing piers/docks.

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 not performed.

SEQR Lead Agency: None Designated

State Historic Preservation Act (SHPA) Determination:

The proposed activity is not subject to review in accordance with SHPA. The permit type is exempt or the activity is being reviewed in accordance with federal historic preservation regulations.

Coastal Management:

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

Opportunity for Public Comment:

Comments on this project must be submitted in writing to the Contact Person no later than May 07, 2009.

Contact:

Thomas P Haley
NYSDEC Region 8 Headquarters
6274 E AVON-LIMA Rd
Avon, NY 14414
(585)226-2466
r8dep@gw.dec.state.ny.us


Applicant:

Pactiv Corporation
1900 West Field Ct
Lake Forest, IL 60045

Facility:

Pactiv Corporation
5250 North St
Canandaigua, NY 14424 -1095

Application ID:

8-3224-00108/00116

Permit(s) Applied for:

Article 19 Air Title V Facility

Project is Located:

Canandaigua, Ontario County


Project Description:

Pactiv Corporation has submitted an application for modification and renewal of its Title V Facility Permit for its Canandaigua Packaging Plant, one of two Title V Permits for Pactiv's Canandaigua operations. The Packaging Plant is a polystyrene foam production facility, which includes emission points for foam extrusion lines, extrusion line ovens, a pyrolysis oven for extruder die cleaning, a thermal densifier to collapse foam, silicone and plastic coating operations, and material and scrap handling systems. The Plant is subject to 6 NYCRR Part 201-6 (Title V) regulations due to emissions of volatile organic compounds (VOC) in excess of 50 tons per year.

Pactiv seeks to maintain a 6 NYCRR Part 212 Volatile Organic Compound (VOC) Reasonably Available Control Technology (RACT) variance granted by the Department previously. The variance allows operation of foam extruders, thermoforming operations, and foam roll storage without emission controls. The variance is based on low concentrations of slowly released VOC, resulting in costs for emission control in significantly in excess of the Department's guideline level per ton of emissions controlled. Carbon absorption and thermal oxidizer control equipment continues to be used for scrap material reclamation processes which release VOC foam expanding agent more rapidly.

This application also proposes to continue the restriction of material throughput to 4 existing foam extrusion lines, to restrict potential VOC emission levels from each line's processes, including scrap reclamation, to below the 40 ton per year threshold of 6 NYCRR Part 231 New Source Review in Ozone Transport Regions.
Finally, this application also includes a new foam extrusion line emission unit for plastic cup production. This emission unit also includes solid and scrap material handling operations, cup surface preparation with corona treaters, and offset lithographic and ink jet printing and cleaning operations. Restrictions on material throughput are again proposed, to limit potential VOC emissions from this new line's processes to below the 40 ton per year Part 231 threshold.

Total VOC emissions from all Packaging Plant sources, including the 5 extrusion lines capped below the Part 231 VOC threshold, will be limited to 651 tons per year.
In response to the application, the Department has prepared a Draft Title V Permit, and has tentatively determined to issue the modified and renewed Title V Facility Permit.
A separate Title V Facility Permit covers research and development operations at the Technology Center at Pactiv's Canandaigua site.

The application, Draft Title V Facility Permit, RACT Variance request, 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.ny.gov/dardata/boss/afs/draft_atv.html

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. The Draft Permit and Permit Review Report may be viewed and printed from the Department web site at: http://www.dec.ny.gov/chemical/32249.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 not performed.

SEQR Lead Agency: None Designated

State Historic Preservation Act (SHPA) Determination:

Cultural resource lists and map have been checked. No registered, eligible or inventoried archaeological sites or historic structures were identified at the project location. No further review in accordance with SHPA is required.

Coastal Management:

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

Opportunity for Public Comment:

Comments on this project must be submitted in writing to the Contact Person no later than May 26, 2009.

Contact:

Roger T McDonough
NYSDEC Region 8 Headquarters
6274 E AVON-LIMA Rd
Avon, NY 14414
(585)226-2466
r8dep@gw.dec.state.ny.us


Applicant:

Pactiv Corporation
1900 West Field Ct
Lake Forest, IL 60045

Facility:

Pactiv Technology Center
2651 Brickyard Rd
Canandaigua, NY

Application ID:

8-3224-00427/00001

Permit(s) Applied for:

Article 19 Air Title V Facility

Project is Located:

Canandaigua, Ontario County


Project Description:

Pactiv Corporation has submitted an application to modify and renew its Title V Facility Permit for the Canandaigua Technology Center, one of two Title V Facility Permits for Pactiv's Canandaigua operations. The Technology Center is a research and development pilot plant, which develops extrusion, welding, and sealing processes.
It includes emission points for 9 stationary combustion sources rated at less than 10 million BTU each, abrasive cleaning operations, 5 extrusion presses, 1 solvent storage and 3 laboratory exhaust systems, and 11 research and development process operations. These pilot plant operations meet the definition of exempt activities in 6 NYCRR Part 201-3.2.

As part of this application, Pactiv has proposed to restrict emissions of volatile organic compounds (VOC) from the Technology enter, to less than the 50 ton per year VOC threshold specified in 6 NYCRR Part 212.10 Reasonably Available Control Technology (RACT) for major facilities.

Although current operations are exempt, the limit above would apply to all Technology Center VOC emissions, and could allow Pactiv to convert pilot plant emission sources from exempt research activities to regulated production activities without a Title V Permit modification, provided the 50 ton per year VOC emission limit would not be exceeded.

In response to the application, the Department has prepared a Draft Title V Permit, and has tentatively determined to issue the Title V Facility Permit. A separate Title V Facility Permit authorizes production operations at the Packaging Plant at Pactiv's Canandaigua site. To indicate dissimilar operations, the Technology Center will also have a new Facility ID in the Department's database, different from the Facility ID for the Packaging Plant.

The application, Draft Title V Facility 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.ny.gov/dardata/boss/afs/draft_atv.html

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. The Draft Permit and Permit Review Report may be viewed and printed from the Department web site at: http://www.dec.ny.gov/chemical/32249.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 not performed.

SEQR Lead Agency: None Designated

State Historic Preservation Act (SHPA) Determination:

Cultural resource lists and map have been checked. No registered, eligible or inventoried archaeological sites or historic structures were identified at the project location. No further review in accordance with SHPA is required.

Coastal Management:

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

Opportunity for Public Comment:

Comments on this project must be submitted in writing to the Contact Person no later than May 26, 2009.

Contact:

Roger T McDonough
NYSDEC Region 8 Headquarters
6274 E AVON-LIMA Rd
Avon, NY 14414
(585)226-2466
r8dep@gw.dec.state.ny.us


Orleans County

Applicant:

Town of Shelby
4062 Salt Works Rd
Medina, NY 14103 -9578

Facility:

SHELBY-T Water District No 9
Ryan, Salt Works, Blair & Fuller Rds
Shelby, NY

Application ID:

8-3436-00038/00001

Permit(s) Applied for:

Article 15 Title 15 Water Supply

Project is Located:

Shelby, Orleans County


Project Description:

The Town of Shelby proposes to create Shelby Water District #9 and to take for use therein a supply of water estimated up to 9272 gallons per day from the Niagara County Water District's Niagara River source via the Village of Medina. The project includes the installation of 22,790 lineal feet of 8-inch watermain and appurtenances to serve 47 existing residential structures and future development. The Department has made a tentative determination to approve this application, but is seeking public comments prior to making a final decision on permit issuance. A draft permit is available for review and comment at the regional NYSDEC office in Avon.

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: Shelby Town Board

State Historic Preservation Act (SHPA) Determination:

Cultural resource lists and map have been checked. No registered, eligible or inventoried archaeological sites or historic structures were identified at the project location. No further review in accordance with SHPA is required.

Coastal Management:

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

Opportunity for Public Comment:

Comments on this project must be submitted in writing to the Contact Person no later than May 08, 2009.

Contact:

Nancy H Barkan
NYSDEC Region 8 Headquarters
6274 E AVON-LIMA Rd
Avon, NY 14414
(585)226-2466
r8dep@gw.dec.state.ny.us


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