ENB Region 8 Completed Applications 11/03/2004

The applicant proposes to expand an existing agricultural irrigation pond within a portion of Freshwater Wetland BS-18 and its 100-foot adjacent area.  The purpose of the proposal is to increase the base supply of water to run an irrigation pump system for watering food crops.  The pond will be expanded, from  60' x 70', to 70' x 200' .  All vegetation and spoil removed will be spread on the cropland outside the Wetland and adjacent areas. The project is located on East Road in the Town of Batavia, Genesee County.

The applicant operates an industrial facility located on Rt. 63 where they produce liquid organic peroxides that are used primarily in the production of acrylics, elastomers, low density polyethylene, polyesters, polystyrene and polyvinyl chloride.  The Department proposes to modify the referenced wastewater discharge permit based on a full technical review under the Environmental Benefit Permit Strategy.  The proposed modification will delete sulfates, chlorides, fluoride, 1,1,2,2-Tetrachloroethane, 2,4,6-Trichlorophenol, Butyl benyl phthalate, Di(n-Octyl) phthalate, Diethyl phthalate, silver, aluminum, arsenic, beryllium, boron, cadmium, cobalt, copper, iron, nickel, and lead based on monitoring results and will decrease monitoring frequencies for Bis (2-Ethylhexyl) phthalate, toluene and 2,4-Dichlorophenol.  The proposed modification will add monitoring for Dimethyl phthalate, chromium, cyanide, zinc and mercury.  Quarterly acute toxicity testing requirements will also be added and the flow basis will be decreased from 182,000 gallons per day to 86,000 gallons per day to reflect actual flows.  The discharge enters the Genesee River, a class C stream in the vicinity of this facility.  The discharge will meet New York State Water Quality Standards with the proposed discharge limits.

The Department has made a tentative determination to approve this modification.  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.

Tennessee Gas Pipeline Co has submitted an application for renewal of its Title V Facility Permit for Compressor Station 233, located at 2262 Dow Road in the Town of York, which compresses natural gas for transport through transmission pipelines.  The single facility Emission Unit identified in the application is T-23301, consisting of two 4500 horsepower natural gas fired turbine compressor engines.  In addition, the facility has several small emission sources including a 1.3 million BTU per hour natural gas fired boiler, a 0.15 million BTU per hour natural gas fired furnace, and a 145 horsepower natural gas fired emergency generator.

The Title V Facility Permit, originally issued November 23, 1999, was modified December 13, 1999 to update a monitoring condition and the facility contact person.  No change in operations is proposed in the application for Title V Permit renewal.

The facility remains subject to the requirements of 6NYCRR Part 201-6 (Title V) for Major Stationary Sources due to potential emissions of carbon monoxide (CO) in excess of 100 tons per year, and to the Part 227-2 Reasonably Available Control Technology (RACT) 50 part per million standard for Oxides of Nitrogen (NOx) emissions for NOx RACT technology installed in 1995.

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 construct approximately 1,700 L.F. of driveway through a portion of the 100 foot adjacent area of the Class II Freshwater Wetland, CI-8, to access a future upland residential site, installing four 12" CMP culverts and one 18" CMP culvert to provide adequate drainage through the area.  The property is located at 786 Brook Rd. in the Town of Chili, Monroe County.

The application is available for review at the Region 8 office located at 6272 E.Avon - Lima Rd., Avon.