ENB Region 9 Completed Applications 11/10/2004

This is a mass modification, in accordance with New York State Department of Environmental Conservation Technical & Operational Guidance Series 1.2.2 and 6 NYCRR Part 750-1.18 (b)(7).

The United States Environmental Protection Agency (EPA) has recently promulgated effluent limitations guidelines and new source performance standards for the Concentrated Aquatic Animal Production (CAAP) Point Source Category at 40 CFR Part 451. This point source category consists of facilities with Standard Industrial Classification (SIC) codes of 0921 and 0273, i.e. fish farms and fish hatcheries. The following SPDES permit is affected by the new regulation and has been modified, en masse with all other fish hatcheries in NYS, to comply with the federal regulations:

The federal regulations require that the SPDES permits for all CAAP facilities include specific reporting requirements, including reporting of: use of investigational new animal drugs; failure in, or damage to, the structure of an aquatic animal containment system resulting in an unanticipated material discharge of pollutants to waters of the state; and the spill of drugs, pesticides or feed that results in a discharge to waters of the state. All of the 18 SPDES hatchery permits in NYS now include these reporting requirements.

    

The federal regulations also require that CAAP facilities that produce over 100,000 pounds per year of fish be required to develop, maintain, and implement a Best Management Practices (BMP) plan to prevent releases of significant amounts of pollutants to the waters of the state. Four of the eighteen facilities produce over 100,000 pounds of fish per year. They are: Caledonia, Catskill, Rome and Salmon River fish hatcheries. These four SPDES permits were modified to include the requirement to develop BMP plans.

The Department has prepared a Draft Permit and has made a tentative determination to approve this application for an Air Title V Permit for existing air emission sources. Dunkirk Specialty Steel, LLC owns and operates a specialty steel processing facility that manufactures steel bar, rod, and wire products from steel billets, and is a potential major source of particulate and total hazardous air pollutant (HAP) emissions.  The facility has limited its nitrogen oxide (NOx) emissions below 90 tons per year to avoid the Reasonably Available Control Technology (RACT) requirements under 6NYCRR Parts 212, 216, and 227-2.  The NOx RACT emissions cap issued by letter on December 20, 1995, is being incorporated into this Title V permit, and compliance monitoring requirements associated with the cap are being updated to reflect new information and changes in operations since the cap was first instituted.  

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.

As part of the its Riverwalk recreational trail development, the applicant proposes river bank stabilization, erosion and scour prevention along the Chadakoin River in the City of Jamestown.  Phase one of the project is funded in part by a New York State Office of Parks, Recreation and Historic Preservation, Environmental Protection Fund and includes installing stone riprap (three sites totaling approximately 155 lineal feet) and stone-filled gabion baskets (one site totaling approximately 120 lineal feet) along the river’s bank and installing stone riprap at a storm water outfall to prevent scouring of the river’s banks and bed.

This is a mass modification, in accordance with New York State Department of Environmental Conservation Technical & Operational Guidance Series 1.2.2 and 6 NYCRR Part 750-1.18 (b)(7).

The United States Environmental Protection Agency (EPA) has recently promulgated effluent limitations guidelines and new source performance standards for the Concentrated Aquatic Animal Production (CAAP) Point Source Category at 40 CFR Part 451. This point source category consists of facilities with Standard Industrial Classification (SIC) codes of 0921 and 0273, i.e. fish farms and fish hatcheries. The following SPDES permit is affected by the new regulation and has been modified, en masse with all other fish hatcheries in NYS, to comply with the federal regulations:

The federal regulations require that the SPDES permits for all CAAP facilities include specific reporting requirements, including reporting of: use of investigational new animal drugs; failure in, or damage to, the structure of an aquatic animal containment system resulting in an unanticipated material discharge of pollutants to waters of the state; and the spill of drugs, pesticides or feed that results in a discharge to waters of the state. All of the 18 SPDES hatchery permits in NYS now include these reporting requirements.

    

The federal regulations also require that CAAP facilities that produce over 100,000 pounds per year of fish be required to develop, maintain, and implement a Best Management Practices (BMP) plan to prevent releases of significant amounts of pollutants to the waters of the state. Four of the eighteen facilities produce over 100,000 pounds of fish per year. They are: Caledonia, Catskill, Rome and Salmon River fish hatcheries. These four SPDES permits were modified to include the requirement to develop BMP plans.

The Department has made a tentative determination to approve the application and has prepared a draft permit for this proposed new hot batch mix asphalt plant with an 180 ton per hour production capacity.  

The New Source Performance Standard (NSPS) Subpart I - Standards of Performance for Hot Mix Asphalt Facilities applies to this source and performance test requirements are included in the draft permit.  Subpart I establishes a particulate emission limit for the emission from the baghouse of 0.04 gr/dscf and 20 opacity limit.

This source is also regulated under 6 NYCRR Part 212 for process emissions.  Process emissions from this new source were evaluated using department guidance DAR - 1 ( formerly Air Guide -1).  The emissions impact screening and modeling show the source emissions to be within DAR -1 ambient concentration guidance values.  

In addition, this project’s potential emissions of PM 2.5 were reviewed according to the protocol outlined in the Commissioner's Policy CP-33.  Since this project's PM-10 potential-to-emit will not equal or exceed 15 tpy,  the project's PM - 2.5 impacts are deemed to be insignificant and no further assessment is necessary.

The draft permit includes a federally enforceable emission cap that limits Asphaltic concrete production to 259,200 tons of asphalt for each 12 month period in order to avoid applicability of Title V permitting and preconstruction permitting under federal Prevention of Significant Deterioration (PSD) of Air Quality for carbon monoxide.  The project is not subject to New Source Review  (NSR) for non-attainment contaminants because the unrestricted potential-to-emit for those contaminants (VOC and NOx) does not exceed the NSR applicability thresholds.

The applicant proposes to construct a natural gas well, "Sleasman Well #1", in the regulated 100-foot wide Adjacent Area of Freshwater Wetland No. JA-11.  A total of 0.78 acres is proposed for  initial disturbance for well construction, including 600 linear feet of new access road.  After construction and site restoration 0.05 acres of permanent alteration (access road and well maintenance pad) will remain.  The project also includes the construction of 1400 ln feet of 100 psi gathering pipeline along the access road and an existing farm road, to connect with an existing pipeline.  The well site is south east of the dead end of Pine Hill Road, approximately 140 feet from Conewango Creek.

Filling and grading 0.1 acre of the Farmington Woods (CC-9) Wetland in conjunction with construction of a single family residential structure including minor accessory/appurtenant residential structures in the CC-9 Wetland and its regulated 100 foot wide adjacent area. Development of the lot (Sublot 4) was one of ten lots previously authorized by DEC Permit No. 90-87-0192 to be developed in and adjacent to the CC-9 Wetland, a class I wetland.  However, that permit expired on September 30, 1990.  The ten lots are part of the 25 lot Floss Estates Subdivision located west of Lisa Lane .  The address of Sublot 4 is 8141 Floss Lane between 8139 and 8145 Floss Lane.