ENB Region 9 Completed Applications 01/07/2004

 The Department has prepared a Draft Permit and has made a tentative determination to approve this application for a modification of an existing Title V Permit.  The facility is a tire manufacturing plant located at 10 Sheridan Drive, Tonawanda, New York.  Organo-silane coupling agents will be added to bond the rubbers, silicas and carbon black and assist in cross-linking for vulcanization of the tire.  Ethanol is evolved during the reaction of silica, rubber and other compounds in the rubber mixture.  In order to avoid new source review (NSR) applicability and additional reasonably available control technology (RACT) controls, the facility will implement a facility-wide ethanol cap of thirty-nine (39) tons per year (tpy) from the use of organo-silane coupling agents.  By implementing a facility-wide cap it is not necessary to utilize a cap emissions for either the mixing or curing areas.  The facility-wide cap of 39 tpy ethanol will be less than the RACT toleration level of one hundred and sixty five (165) tpy.  In order to document compliance with 6NYCRR Part 212.10 RACT, the facility will track and calculate monthly ethanol emissions from EU 02 Materials Handling and Mixing and EU 05 Tire Building and Curing.  Cumulatively, total ethanol emissions will be tracked on a twelve (12) month rolling average basis.

 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 Department has prepared a draft permit (NY0269417) and made a tentative determination to approve the discharge of 1,300 gallons per day of treated sanitary waste water to tributary 26 of Buffalo Creek which has a classification of D and a standard of D.  A copy of the application and the draft permit are available for review and comment at the regional office during normal business hours.

Renewal of the existing Part 373 (Hazardous Waste Management) Permit for the continued operation of ground water extraction systems at three (3) sites to remediate contaminated ground water.  The ground water extraction systems have been operational for several years.  This Part 373 Permit renewal will require the United States Air Force Reserve (AFRES) to continue to operate the ground water systems and to monitor the ground water and surface water across the Niagara Falls Air Force Base.