ENB Region 9 Completed Applications 01/30/2002
Region 9 SEQR and Other Notices Region 9 SPDES Renewals

ENB Region 9 Completed Applications 01/30/2002

Erie County
Applicant: 3M Co
3M Center Box 33331
Saint Paul, MN 55133-3331
Facility: 3M Tonawanda
305 Sawyer Avenue
Tonawanda, NY 14150-
Application ID: 9-1464-00164/00117
Permit(s) Applied for: Article 19 Air Title V Facility
Project is Located: Tonawanda, Erie County
Project Description:

This is a re-noticing of this application at the request of the New York Public Interest Research Group (NYPIRG). NYPIRG representatives were unable to comment during the public comment period because their offices were severely damaged as a result of the September 11, 2001 attack on the World Trade Center. Any member of the general public may avail themselves of the comment period now provided in this re-noticing of the application. The Department has prepared a Draft Title V Permit pursuant to Article 19 (Air Pollution Control)of the NYS Environmental Conservation Law and Title V of the Federal Clean Air Act amendments and made a tentative determination to approve this application for the existing sponge making operations at the 3M Tonawanda facility. This permit includes all the conditions established under a State Facility Permit dated January 1, 2000 which included the installation of three new lamination lines and associated equipment and increased production on existing equipment. The expansion was previously reviewed for applicability of 40 CFR Part 52.21, Prevention of Significant Deterioration, and 6NYCRR Part 231-2, New Source review in a non-attainment area. Western New York is in attainment for all criteria contaminants but is part of the ozone transport region and therefore designated marginal non-attainment for ozone precursors. Ton per year emission limits below de minimus applicability thresholds were established for Sulfur Dioxide, Sulfuric acid mist, Hydrogen Sulfide and Volatile Organic Compounds (Carbon disulfide). In accordance with 6NYCRR Parts 621.5(d)(9)and 201-6.4(c), the Administrator of the U.S. Environmental Protection Agency (EPA) has the authority to bar issuance of any Title V Facility Permit if it is determined not to be in compliance with the applicable requirements of the Clean Air Act or 6NYCRR Part 201. Following the 30 day comment period, the EPA will have an additional 45 days to review the draft or modified draft permit. If the EPA does not raise any objection in that time, the Department may then issue the final draft permit as the Title V Permit. 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. 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

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: 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 Mar 1 2002.
Contact: David S. Denk
NYSDEC Region 9 Headquarters
270 Michigan Ave
Buffalo, NY 14203

Region 9 SEQR and Other Notices Region 9 SPDES Renewals