ENB Region 8 Completed Applications 07/28/2004

The Department has received an application to modify the referenced wastewater discharge permit for the Village of Victor Wastewater Treatment Plant. Based on a reevaluation of flows in the receiving waters, Great Brook, a Class C stream, the proposed modification will increase summer and winter effluent limits of chemical biological oxygen demand (CBOD) and will increase the summer effluent limits of ammonia and suspended solids.  The winter effluent limit for ammonia will be reduced by the proposed modification and the effluent limit for suspended solids will remain the same.  The proposed modification will also remove the requirement to monitor stream flow in Great Brook.  The discharge flow rate of the wastewater treatment facility will remain the same.  The discharge will meet New York State Water Quality Standards with the proposed effluent limits.

The Department has made a tentative determination to issue the proposed modification to the State Pollutant Discharge Elimination System (SPDES) permit for this facility.  As a tentative determination, the Department seeks comments on the proposed regulated activity prior to making a final decision on permit issuance.  A draft permit is available for review.

The Department has received a Mined Land Reclamation application from Edward Belanger for the expansion of the mine site known as the Belanger Brothers Pit.  The applicant proposes to expand an existing 19 acre sand and gravel mine to 28.75 acres within properties totaling 63 acres.  The project site is on the Edward Belanger, Joan Belanger, and Belanger Brothers properties, on the east side of NYS Route 21 directly east of the intersection of Walter Kurtz Road in the Town of Wayland, Steuben County.

Operation of the mine will continue surface extraction of sand and gravel.  Mining is not proposed for below the local water table.  Excavation will be by mechanical equipment, and will remove approximately 200,000 tons of sand and gravel per year over the estimated 20 year operational life of the mine.  Material will continue to be processed by dry screening and crushing on the site.  With mining operations at an average rate of 200,000 tons per year, the maximum truck traffic is estimated by the applicant to be 10 round trips per hour.  Final reclamation will restore the site to graded and re-vegetated open land, with the applicant indicating possible wildlife or rural residential use.  Hours of operation will continue to be Monday through Saturday from 7 AM until 9 PM May 1 to September 30, and 7 AM until 5 PM October 1 to April 30, with no mining permitted on Sundays.  Reclamation will include the replacement of stockpiled topsoil and re-seeding.

The application is available for review at the Region 8 NYSDEC office, and a copy of the application materials has been sent to the Town of Wayland.

Dominion Transmission Inc has submitted an application for modification of its current Title V Facility Permit for its Woodhull Compressor Station, located at 974 County Road 99 in the Town of Woodhull.  The facility compresses natural gas for transport through transmission pipelines.  Facility Emission Units are: 0-0000A, a 1100 horsepower natural gas fired compressor engine; 0-0000B, five 2000 horsepower natural gas fired compressor engines; 0-0000C, a 27.5 million BTU per hour natural gas fired boiler; and 0-0000D, an 814 horsepower natural gas fired generator.

The Title V Facility Permit, originally issued September 23, 1998, was modified September 24, 2002 to replace two smaller generators with a single larger generator, was renewed effective December 12, 2003, and was administratively amended effective January 7, 2004 to correct an error regarding reporting deadlines.

The facility is subject to the requirements of 6NYCRR Part 227-2 Reasonably Available Control Technology (RACT) for Oxides of Nitrogen (NOx).  The proposed modification of the Title V Facility Permit authorizes installation of control equipment and modification of all six compressor engines to meet the 1.5 gram of NOx per brake horsepower-hour standard in Part 227-2.4(f)(2), which becomes effective April 1, 2005.

Actual emissions of NOx will be reduced by about 80 percent, from 220 tons per year to approximately 34 tons per year by this modification.  The facility will remain subject to Part 201-6 (Title V) for major stationary sources due to potential emissions of volatile organic compounds (VOC) and carbon monoxide (CO) in excess of 100 tons per year each, and potential emissions of formaldehyde, a hazardous air pollutant, in excess of 10 tons per year.

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.