ENB Region 6 Completed Applications 12/03/2003

The department has made a tentative determination to approve this application for modification of a permit for an existing discharge of non-contact cooling water. The 1,700 gallon per day discharge from outfall 002 will be rerouted from the current sanitary sewer outfall to a stormwater collection system that discharges to Wood Creek, a class D waterbody. The applicant’s facility located at 530 Henry Street, in the City of Rome, New York .

    Additionally administrative information will be updated and corrected, and new special conditions will include “Best Management Pratices”.

    The department has made a tentative determination to issue a permit for a State Pollutant Discharge Elimination System permit under Article 17 of the Environmental Conservation Law.  This tentative determination indicates that a discharge regulated under this statute is considered to satisfy regulatory standards for permit issuance, based on information available to the Department at this time.  As a tentative determination, the Department seeks comments on the proposed regulated activity prior to making a final decision on permit issuance.  As such, this tentative determination does not signify department approval for or endorsement of the activity for which a permit is sought or for the overall proposed project.

Refer to this application by application number listed above and SPDES number, NY-0000850.

The project proposes to purchase up to 10,000 gallons per day from the City of Rome, construct approximately 2,000 LF of 8" diameter water main, a meter vault, 8 valves, 3 hydrants and approximately 20 water service connections for the Spencer Settlement Water District in the Town of Westmoreland, Oneida County.

The Department has prepared a Draft permit and has made a tentative determination to approve this application to modify Corning's Air Title V Facility Permit.

Corning Inc. Canton Plant is located in the Town of DeKalb in the County of St. Lawrence.  The Canton Plant manufactures high purity glass for several specialty products with several glass forming furnaces.  The facility SIC or Standard Industrial Classification Code is 3229 which classifies the facility as a manufacturer of Pressed or Blown Glass.  The Canton Plant is a major facility subject to Title V requirements.  The facility's pollutant emissions which contribute to major source status are:  Nitrogen Oxides, PM, PM10 and Amorphous Silicon Dioxide.  The facility is subject to Prevention of Significant Deterioration, 40 CFR 52.21 and 6NYCRR Part 231-2 for Nitrogen Oxides.  Project emissions of PM and PM10 have been capped to limit the potential to emit to below PSD major source thresholds.  The facility is located in an area which is an attainment for all pollutants except for ozone which is part of the ozone transport region which means marginal non-attainment.  The facility is currently in compliance with all regulatory requirements.

This application is being submitted as a significant permit modification consistent with Title 6, New York Code of Rules and Regulations Part 231-2.  Corning will manufacture a new type of glass by subjecting a modified ratio of oxygen, liquid siloxane, and natural gas in the inlet stream to an intense heat source, and as a result will need to expand existing NOx emission caps.  Emission unit U-00001 is being modified and expanded. Existing process 101 of emission unit U-00001 has been eliminated.  The equipment associated with process 101 has been included with the process 100 equipment of emission unit U-00001.  The existing 12 furnaces within emission unit U-00001 are being modified. The modification emission calculations confirm the PSD/NSR applicability.

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 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 a.m. through 4:45 p.m.), 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 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's web site at: http://www.dec.state.ny.us/website/ohms/gudph1.htm

In accordance with 6NYCRR Part 621.5(d)(9) and 201.6.4(c), the Administrator of the 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.  After the public comment period, the USEPA will be provided a proposed permit and will have an additional 45 day period for review.  If USEPA does not raise any objection, the Department will issue the permit. The application and Draft Title V Facility permit are available in the Region 6 NYSDEC office in Watertown, New York.