ENB Region 8 Completed Applications 06/18/2003

The New York State Department of Environmental Conservation (Department) has reviewed the hazardous waste management permit renewal application from the above facility for renewal and modification of its hazardous waste management Part 373 permit. The Department has made a tentative determination to renew and modify the 6NYCRR Part 373 Permit to continue its authorization to operate the hazardous waste storage facility.

Safety Kleen Systems, Inc., formerly Safety Kleen Corporation, is a solvent distributor and recycler (reclaimer). Its customers are primarily engaged in automotive repair, industrial maintenance and dry cleaning.  The company offers spent solvent collection and reclamation (to usable products). The facility operates under the state  6 NYCRR Part 373 hazardous waste management permit issued on April 1, 1993. The permit was due to expire on April 1. 1998, but Safety Kleen applied for permit renewal, so the existing permit is extended pursuant to the State Administrative Procedures Act, Section 401(2), until the Department makes a determination on the renewal application. The area is zoned for commercial use and the facility is located in a business/industrial park.  The majority of this facility's customers generate less than 1000 kg (2200 lbs.) per month of hazardous waste. Wastes managed by Safety Kleen Systems are transported in its transport vehicles to one of Safety Kleen’s Recycle/Process Centers or to contract reclaimers located outside New York State.

Safety Kleen Systems plans to convert the existing permitted container storage areas in the Accumulation Center and Warehouse to exempt 10 day transfer/storage areas in accordance with the U.S. Department of Transportation (DOT) Regulations. This will allow the facility to store other type of hazardous wastes not previously permitted as exempt wastes, for 10 days only. These exempt transfer/storage areas will be removed from the permit.

The existing permitted 12,000-gallon hazardous waste storage tank will continue its operation under the renewed permit. The recyclable waste solvents generated by the Parts Washer Services, which is the primary business of the facility, will be collected by Safety Kleen’s own transport vehicles and stored in the permitted tank prior to transportation to the Recycle centers in tanker trucks. Containerized spent parts washer solvent routed to the facility will remain on the transport vehicles for a limited time prior to it being transferred into the bulk storage tank through the return and fill station or transferred to a new permitted staging/storage areas if required.  Safety Kleen stores in the permitted storage tank three types of spent cleaning solvents: ignitable solvents, water-based solvents and solvents with a high flash point which are not classified as ignitable under the Department regulations.  All these wastes derived from these solvents are managed as hazardous wastes.  All ignitable wastes at the facility will be stored 50 feet from the facility property line.                         

Based on the RCRA Facility Assessment-Preliminary Review Report dated June 1992, the Commissioner has determined that there is no evidence at this time of the release(s) of hazardous waste(s) and/or constituent(s) that threaten human health or the environment.

 

On September 22, 1998, a fire at the facility and fire extinguishing activities resulted in creating a potential Area of Concern (AOC).  Corrective actions including capturing and collecting surface water runoff and decontaminating impacted surface areas prevented hazardous constituents from migrating into environmental media such as soil and groundwater.  On the basis of the  "September 22, 1998 Fire Incident  Assessment and Remediation Report" and February 1999 "Confirmatory Sampling Report," the Commissioner has determined that the areas affected by the fire and fire extinguishing activities do not pose a threat to human health or the environment and no further action is required at this time.

Copies of the draft permit, the supporting permit application, and the Fact Sheet are available for inspection at the NYSDEC, Region 8 Office or at the Bureau of Hazardous Waste Engineering Eastern Section by contacting Isaac Natarajan at (518) 402-8623.

All comments will be considered and evaluated in making the final determination to issue the permit.  Prior to the approval of the permit, the Department will respond to any comments submitted by the public.  If warranted, changes will be made in the draft version.  A notice of the final decision will be sent to each interested citizen or organizations who have submitted written comments or have requested such notice.

This application was filed and processed pursuant to the Environmental Conservation Law ("ECL") Article 3 Title 3 (General Functions), Article 8 (State Environmental Quality Review), Article 27 Title 9 (Industrial Hazardous Waste Management), and Article 70 (Uniform Procedures); and pursuant to Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York ("6NYCRR") Part 617 (State Environmental Quality Review), Part 621 (Uniform Procedures) Parts 370374 (Hazardous Waste Management Facilities) and Part 376 (Land Disposal Restrictions).

The Town of Nunda, in cooperation with the towns of Portage, Nunda, and the Village of Nunda  proposes to undertake a project to stabilize streambanks and remove woody debris resulting from an August 2000 storm along Keshequa Creek in the Town and Village of Nunda, and partially within the Town of Portage.  In addition to installation of rock rip-rap to stabilize the streambank channel weirs will be installed to reduce flow velocity and streambank erosion. Rock rip-rap will be located at critical points along the stream corridor.   The project begins approximately  800 ft.  downstream from the Parker Road bridge to the Nunda - Mt. Morris town line.  This project is within a designated State and Federal Flood Control Project.  Livingston County Emergency Services and County Planning are providing project oversight and technical assistance.    Access to Keshequa Creek will be from previously established access points.   

Cryovac Inc has submitted an application for a modification of its current Title V Facility Permit for its Gates Facility, located at 1525 Brooks Ave in the Town of Gates.  The facility manufactures specialty packaging systems for the food industry.  Facility Emission Units (EU) are: U-00001 for plastic film extrusion from polyolefin resin pellets; U-00002 for flexographic printing operations on plastic film, and U-00003 for speciality coating and adhesive laminating operations on plastic film.

The modification is proposed for existing EU U-00002 plastic film printing and coating operations, and EU U-00003 plastic film adhesive laminating and coating operations.  It involves the removal of 2 of 6 presses in EU U-00002, re-routing of one U-00002 press exhaust to a control device, and the installation of a new laminator in EU U-00003.

Potential volatile organic compound (VOC) emissions from this facility exceeded 250 tons per year when the original Title V Facility Permit was issued on March 20, 2000. Process and equipment changes in EU U-00002 and U-00003 were reflected in Modification 1, issued March 26, 2001, and in Modification 2, issued July 16, 2002.  As part of these modifications, the increase in potential VOC emissions was restricted, by limitations on annual operating hours, to less than the 6NYCRR Part 231 New Source Review (NSR) threshold of 40 tons per year.

The potential increase in emissions of VOC due to the currently proposed modification, over that authorized by the previous modifications, exceeds the NSR significance threshold of 40 tons per year.  As part of this application, Cryovac Inc has agreed to Special Permit Conditions to restrict the VOC emission increase to 39 tons per year. Cryovac seeks to limit emissions by restricting operation of one of the U-00002 presses to 4900 hours per year, and operation of the new U-00003 laminator to a maximum of 4420 hours per year.

The Department has prepared a Draft Permit and has made a tentative determination to approve this application.

In accordance with 6NYCRR Parts 621.5(d)(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.  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.

The Town of Manchester proposes to extend the water supply and distribution system of the District into its Extension #2 and to take for use therein a supply of water estimated to average 23,000 GPD from the city of Canandaigua’s Canandaigua Lake source.  The project includes the installation of 47,000 LF of 8" water main and appurtenances to serve 125 single family homes along Faas, Miner, Johnson, Armington, Martin, Outlet/Bunker Hill, Larue Roads and CR27.  This project will include crossing state regulated wetlands PM-10 and PM-14. The file is available for review and comment at NYSDEC Region 8.

The applicant proposes to place fill for the construction of a 54 ft. x 72 ft. equipment storage pole barn with a dirt floor in the Adjacent Area of regulated NYS DEC Freshwater Wetland SA-19 (Class II). The site is a maintained and mowed grass field, and is located on the north side of Old Route 31, 0.4 miles west of its intersection with CR 31 and Benning Road. Application materials are available for public review and comment at the NYS DEC Regional Headquarters.