ENB Region 9 Completed Applications 05/26/2004

Development of a seven lot residential subdivision on 57 acres at 8587 County Road. Approximately 24 acres of the 57 acre property are included in the CC-27 Wetland, a class II wetland.  Development of the subdivision will be within portions of the regulated 100 foot wide adjacent area to the CC-27 Wetland, and involve filling 0.49 acre of the CC-27 Wetland.  Creation of 0.77 acre of wetland is proposed as mitigation for the 0.49 acre of wetland to be filled.

The Department has prepared a draft permit pursuant to Article 19 (Air Pollution Control) of the NYS Environmental Conservatin Law (ECL) and Title V of the Federal Clean Air Act Amendments, and made a tentative determination to approve the permit renewal for the existing facility located at 3807 Highland Avenue which produces high purity silicon metals. The facility, as a major source of emissions of sulfur dioxide, carbon monoxide and nitrogen oxides(NOx) is subject to the Title V permitting requirements of 40 CFR 70 and 6NYCRR Part 201-6. Particulate emissions from the two submerged arc electric furnaces are subject to process weight emission limits for ferroalloy furnaces as determined by Table 5 of 6 NYCRR Part 212.9(e). Particulate emissions from crushing and material handling and the tap fume baghouses are subject to the .05 gr/dscf limit of 6NYCRR, Part 212.4(c). The coal and petroleum coke used in the furnace charge are subject to the sulfur in fuel limitations of 6 NYCRR Part 225-1.2(d) Table 2. A general variance pursuant to Part 225-1.5(a) will allow the use of coke exceeding the sulfur limitation provided emissions do not exceed sulfur dioxide emissions as calculated by the formula in that section. The facility has submitted and this department has made an initial determination to approve a variance from the Reasonably Available Control Technology (RACT) provisions of 6 NYCRR Part 212.10 for NOx emissions from the furnaces. A compliance evaluation has determined that there is no control technology available. NOx emissions from each furnace will be limited to 87.6 pounds/hour and a combined 767.3 tons per year. The variance will be submitted to the USEPA for approval as a source specific State Implementation Plan revision. The draft permit incorporates the Compliance Assurance Monitoring requirements of 40 CFR Part 64 for emission sources with potential emissions  by themselves greater than 100 tons per year of particulates.

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