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ENB Region 8 Completed Applications 04/24/2013

Monroe County

Applicant:

David Widger

Facility:

Widger Property
Widger Rd - E Side - S of Whittier Rd
Ogden, NY

Application ID:

8-2638-00171/00002

Permit(s) Applied for:

Article 24 Freshwater Wetlands

Project is Located:

Ogden, Monroe County

Project Description:

The applicant proposes to reconstruct two agricultural drainage ditches for agricultural purposes within the 100-foot adjacent area of Freshwater Wetland Nos. OG-6 (Class 2) and OG-16 (Class 3). The project is located generally in the southeast of the intersection of Widger and Whittier Roads. A total of 2,450 feet of ditch (850 feet in one location and 1600 feet in another) will be cleared and excavated to a width of 8 feet and depth of at least 3 feet. Excavated materials totaling about 2,200 cubic yards will be spread evenly within adjacent agricultural fields to a depth of about 4 inches.

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 09, 2013.

Contact:

Scott Sheeley
NYSDEC Region 8 Headquarters
6274 E Avon-Lima Rd
Avon, NY 14414
(585)226-2466
r8dep@gw.dec.state.ny.us


Ontario County

Applicant:

Guardian Industries Corp
2300 Harmon Rd
Auburn Hills, MI 48326 -1714

Facility:

Guardian Geneva Float Glass Facility
Geneva Industrial Park
Geneva, NY 14456

Application ID:

8-3205-00041/00013

Permit(s) Applied for:

Article 19 Air Title V Facility

Project is Located:

Geneva, Ontario County

Project Description:

Guardian Industries Corporation has submitted an application for an initial Title V Facility Permit for its Geneva Float Glass Facility, currently operating under an Air State Facility Permit.

The Geneva Float Glass Facility manufactures flat glass and flat glass fabricated products primarily for automotive and construction use. The flat glass is produced by a float bath glass furnace which operates continuously, with a nominal capacity of 700 tons of glass per day. It has been operating for about 15 years and will continue for about 5 more years before a planned furnace rebuild. The operation is steady-state with no hourly or seasonal variations under normal conditions. The raw materials (silica sand, soda ash, limestone, dolomite, salt cake, rouge, and charcoal) are received in bulk quantities, unloaded, stored, and mixed. The mixed batch is then conveyed to the furnace where it is melted into glass. A continuous ribbon of glass is formed and cooled under controlled conditions in an annealing lehr oven and then cut according to customer specifications, with waste glass (cullet) recycled back into the batch.

Guardian Industries was issued an Air State Facility Permit to Construct in April 1997. An Air State Facility Permit to Operate was issued in April 1998. The Guardian Geneva Float Glass Facility began operation in May 1998, and applied for and was issued a modified Air State Facility Permit to Operate in October 1998.

The Geneva Float Glass Facility meets the definition of a Major Source in 6 NYCRR Part 201-2.1(b)(21) and is subject to Part 201-6 requirements for a Title V Facility Permit due to potential emissions of oxides of nitrogen (NOX), sulfur dioxide (SO2), total particulate matter (PM), and particulates smaller than 10 microns (PM-10), in excess of 100 tons per year each.

The facility also meets the definition of a Major Source in 6 NYCRR Part 231-2 New Source Review for New and Modified Facilities Subject to the Regulation On or After November 15, 1992 and Prior to February 19, 2009, due to construction within that time frame, potential emissions of NOX and SO2 in excess of 250 tons per year each, and emissions of sulfuric acid (H2SO4) in excess of 7 tons per year.

As part of this application, Guardian has proposed a NOX limit increase from the original 842 ton per year limit, due to 13.9 tons of NOX from small miscellaneous combustion sources operational since facility start-up. Although these emission sources were not included in the original limit, Guardian has reported these emissions in the facility-wide emission calculations for compliance. These 74 combustion sources include space heaters, two emergency diesel generators, small boilers, a flare, and water heaters. These are all natural gas, propane, or diesel fired, and would qualify for exempt or trivial status in the Title V Permit if the Facility was not subject to federal and state New Source Review. The Draft Permit includes their emissions in the facility wide emission limits for NOX.

Guardian also proposes to maintain the current limit on emissions of carbon monoxide (CO) at 99.76 tons per year, below the 100 ton per year threshold of the federal 40 CFR 52.21 Prevention of Significant Deterioration regulations.

In response to the application, the Department has generated a Draft Title V Facility Permit with conditions restricting emissions of CO to 99.76 tons per year, unchanged from the current permit, and allowable emissions of NOX restricted to 855.9 tons per year.

The Draft Title V Permit also includes applicable federal New Source Review - Prevention of Significant Deterioration (PSD - 40 CFR 52.21) and state New Source Review (NSR - 6NYCRR Part 231) requirements, revisions to reflect more recently implemented rules, and newer information and operating practices.

Potential emission rates of NOX and SO2 warrant controls on the furnace under 6 NYCRR Part 212, but furnace emissions of NOX and SO2 are also subject to more stringent state and federal New Source Review requirements, so only the more stringent Part 231 NSR and 40 CFR 52.21 PSD requirements are included in the Draft Permit.

Likewise, particulate emissions from the raw material and cullet handling operations are subject to a Part 212 limit of 0.050 grains per dry standard cubic foot, but are also subject to Best Available Control Technology (BACT) requirements under PSD. Both PSD and Part 212 requirements with are met with baghouse particulate controls on each of the subject particulate sources. Also, the glass melting furnace is a Part 212 process with a permissible particulate emission rate based on process weight, but a process emission source compliant with a federal New Source Performance Standard (NSPS - 40 CFR 60) satisfies the Part 212 requirements for the federally regulated contaminant. With the furnace subject to 40 CFR 60 Subpart CC particulate requirements, the more stringent NSPS limit applies to the furnace instead of Part 212. The NSPS opacity limit is also more stringent than Part 212 and requires a continuous opacity monitor (COM) to assure compliance.

NOX control requirements in the Draft Permit have been revised to reflect the facility's modified use of "3R" NOX reduction technology, in combination with low NOX burners and oxygen injection, to control NOX from the glass melting furnace. 3R, which uses natural gas to create reducing conditions in the furnace, was a new technology required by EPA when the facility started operations. Significant damage and premature failure of refractory materials in the "regenerator" parts of the furnace have been linked to 3R NOX reduction. Guardian has made adjustments to operating procedures, intended to minimize emissions and further damage to the furnace.

After the first failure of the furnace regenerators, a Consent Order authorized a NOX limit increase from 190 to 199 pounds per hour and a change in the averaging times for NOX and CO measurements from the 24 hour basis in the current permit to a 30 day rolling average. The inverse relationship between NOX and CO is especially pronounced using 3R, with CO levels very sensitive to furnace operation and 3R adjustments. The 30-day averaging time was authorized to allow for short term fluctuations while operating the furnace to balance NOX controls with CO emissions and minimize furnace damage caused by the 3R technology. The 199 lb/hr NOX limit and the 30 day rolling average periods are included in the Draft Permit. No additional increase in the annual facility-wide NOX limit is proposed as a result of the 199 lb/hr NOX limit. The new hourly limit is proposed only to allow more variability of NOX emissions during periods of 3R adjustments. Continuous Emissions Monitors (CEM) will be used to demonstrate compliance with both NOX and CO emission limits.

The Draft Permit also includes a schedule for the installation of controls for particulate emissions, to be part of the planned rebuild of the glass production furnace. The original particulate limit for the furnace for 40 CFR 52.21 PSD compliance was based on the NSPS limit in 40 CFR 60 Subpart CC and did not include the PM-10 condensable fraction of particulates condensing in the cooling gases from the stack. Subsequent information indicated that the new 3R NOX control technology may have increased condensables and fine particulates compared to similar non-3R furnaces. The addition of controls will reduce PM-10 emissions from actual current levels, and stack testing will establish a facility PM-10 limit including the condensable fraction.

The application, Draft Title V Facility Permit, and Permit Review Report are available for review at the Region 8 NYSDEC office. The Draft Title V Facility Permit and the 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 201-6.3(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/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 not subject to SEQR because it is a Type II action.

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 24, 2013.

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


Yates County

Applicant:

The Finger Lakes Museum
3369 Guyanoga Rd
Branchport, NY 14418

Facility:

The Finger Lakes Museum
3369 Guyanoga Rd
Branchport, NY

Application ID:

8-5726-00428/00001

Permit(s) Applied for:

Article 24 Freshwater Wetlands
Article 15 Title 5 Stream Disturbance

Project is Located:

Jerusalem, Yates County

Project Description:

Associated with the development of Phase 1 of the Finger Lakes Museum Discovery Campus the applicant is proposing the construction of an outdoor education center, access road, foot bridge and kayak launch at a former school facility. The project will result in approximately 0.04 acres of impact to regulated wetlands and waterways along with 0.62 acres of impact to upland wetland adjacent area (PU-1).

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: Jerusalem Town Planning Board

State Historic Preservation Act (SHPA) Determination:

A cultural resources survey has been completed. Based on information provided in the survey report, the New York State Office of Parks, Recreation and Historic Preservation (OPRHP) has determined that the proposed activity will have no impact on registered or eligible archaeological sites or historic structures. 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 09, 2013.

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:

Ferro Corporation
6000 Parkland Blvd
Cleveland, OH 44124

Facility:

Ferro Electronic Materials - Penn Yan Facility
Perry Pt Rd/ 1789 Transelco Dr
Penn Yan, NY 14527

Application ID:

8-5736-00007/00009

Permit(s) Applied for:

Article 17 Titles 7 & 8 Industrial SPDES - Surface Discharge

Project is Located:

Torrey, Yates County

Project Description:

The Department has made a tentative determination to issue a permit modification to the Ferro Corporation SPDES permit which authorizes the discharge of process wastewater, non-contact cooling water, stormwater and treated sanitary effluent to Seneca Lake, which is classified for trout and drinking water. The proposed modification includes increase of the parameter "change in the temperature" between effluent and receiving water, for outfall 001, from delta 3 to delta 9 degrees Fahrenheit, due to the lack of dilution from the effluent from the former upstream power plant which has resulted in the higher temperatures. Based on data provided, the dilution ratio for the outfall was recalculated to 2:1 which allows for the higher discharge temperature to be discharged in compliance with thermal discharge regulations and state water quality standards. The effluent travels from an outfall pipe directly east of the plant, drops 20 feet in height, and travels 150 feet through a federal wetland area, before it reaches the lake. As a tentative determination, the Department seeks comments prior to making a final decision. The file is available at NYSDEC Region 8 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 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 24, 2013.

Contact:

Kimberly A Merchant
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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