ENB Region 8 Completed Applications 05/26/2004

The applicant proposes a discharge of approximately 80,000 gallons per day of treated sanitary wastewater to Oatka Creek, a class C waterbody, from a proposed secondary treatment plant, to be constructed northwest of the intersection of Routes 63 and 19, on Woodrow Street, west of the Town Highway facility, in the Town of Pavilion.  The applicant proposes to install sanitary sewers and pump stations to serve the Hamlet of Pavilion area.  The Department has made a tentative determination to issue a SPDES permit.  As a tentative determination, the Department seeks comments on the proposed regulated activity prior to making a final decision on permit approval.  The file and draft permit are available for review at the NYSDEC Region Office.

ExxonMobil Oil Corp has submitted an application for renewal of its Title V Facility Permit for its ExxonMobil Rochester Terminal, located at 675 Brooks Avenue in the City of Rochester.  This facility is subject to 6 NYCRR Part 201-6, Title V Facility Permits, for major stationary sources due to potential emissions of volatile organic compounds (VOC) in excess of 50 tons per year.  Potential emissions authorized by the renewed permit will be unchanged from those of the current permit.

The Title V Facility Permit was originally issued February 24, 1999 and modified effective May 20, 1999, for operation of a gasoline, diesel fuel, and heating oil loading terminal.  The May 1999 modification was an administrative change in the compliance reporting period from 365 days based on the issuance date, to the calendar year.  No significant changes from the current Title V Permit, as modified May 20, 1999, are proposed.

The facility includes a 4 bay truck loading rack with a vapor combustion unit to control emissions from loading operations, and six fixed roof gasoline storage tanks with internal floating roofs.  The facility also includes 4 large and 10 smaller additional tanks for diesel fuel, fuel oil, and additives.

The renewed Permit will include federally enforceable Special Permit Conditions to limit the facility potential to emit Hazardous Air Pollutants (HAP) to below 10 tons per year of any individual HAP, and 25 tons per year of all HAP compounds combined, which are the thresholds specified in 40 CFR 63 Subpart R 63.420(a)(2) Maximum Achievable Control Technology for Gasoline (GMACT).  These Special Permit Conditions limit facility throughput to 230,000,000 gallons of gasoline and 170,000,000 gallons of distillates annually, and are unchanged from the initial Title V Permit.

In accordance with 6NYCRR Parts 621.5(d)(9) and 2016.4(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 applicant proposes to demolish an existing seasonal bungalow and the construction of a new residence at 26 Lake Road in the Town of Webster.  The existing building is one-story with dimensions of approximately 20.2 feet by 23.5 feet for a total floor area of approximately 475 square feet .  The new residence proposed is planned at 1 an 1/2 stories occupying a 36-foot by 26-foot ground area in addition to a 12-foot by 31-foot deck.   The applicant seeks a variance from prohibitions contained in the Coastal Erosion Management Regulations, 6 NYCRR Part 505.