ENB Region 9 Completed Applications 12/22/2004

The applicant proposes to construct a 10-foot wide private gravel driveway with two 15-inch diameter culverts, across a narrow area of Freshwater Wetland No. LW-5, 125 feet across, and its regulated100-foot wide Adjacent Area on each side.  The purpose of the roadway is to access a woodlot on the opposite side for recreation and forest management, including obtaining firewood and future merchantable timber harvest.  The site is on the west side of Chautauqua County Rte 69 (Big Tree Road) approximately 2,100 feet south from Cowing Road.

The proposal is for the installation of public water lines through freshwater wetland CO-2, its regulated 100 foot adjacent area and the regulated 100 foot adjacent area of wetland HO-11. The wetlands are located on Falls Road one-half mile east of its intersection with Grover Road and on Bailey Road 800 feet east of its intersection with Center Street, respectively. The water lines are associated with Aurora Water District #18 which has been previously permitted by this Department. Application materials and documents in support of the request for a permit to cross the wetlands and adjacent areas can be reviewed at the regional office in Buffalo. Comments both for and against the project should be submitted by the comment date listed in this notice.

The Department has prepared a Draft Permit and has made a tentative determination to approve this application for a major modification to Prestolite’s current Air Title V operating permit.  The modification involves the reassignment of 4.5 tons per year (tpy) volatile organic compound (VOC) emission reduction credits (ERCs) previously established by Prestolite for the permanent shut down of a vapor degreasing unit at Emission Unit P-00007/Emission Point 00600.  The 4.5 tpy of VOC ERCs will be used by Prestolite to increase the maximum annual potential of Emission Unit P-00001 and to maintain the permanency of  43.5 tpy VOC ERCs previously created from emission reductions in connection with Process SVP at Emission Unit P-00001.  The  tentatively approved use of the 4.5 tpy of VOC ERCs will result in a new VOC maximum annual potential for Emission Unit P-00001 of 28,800 pounds per any consecutive 12-month period.  Prestolite manufactures large and small frame alternators, large starter motors and electro-mechanical instruments.  Prestolite also manufactures programmable electronic speedometer and tachometer instruments for medium and heavy duty trucks, and for agricultural and industrial equipment.

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.