ENB Region 8 Completed Applications 03/30/2005

The applicant proposes wetland restoration/enhancement work on his property 3 miles south of the Conesus hamlet, 600 feet east of St. Rt. 15.  The project is sponsored by the NRCS Wetland Reserve Program and will be a permanent easement to the NRCS.  The work will consist of 4 excavated potholes, approximately .15 ac. each to create open water areas in a +/-15 acre shallow marsh.  3 level ditches and 3 cleared access openings through a low shrub area will provide nesting waterfowl access to cover.  Equipment to be used will include a bulldozer, excavator and hydro-ax.

Sunoco Partners Marketing & Terminals LP has submitted an application for renewal of its Title V Facility Permit for its Rochester Terminal, a petroleum product storage and distribution facility located at 1840 Lyell Avenue in the City of Rochester.  The facility is subject to 6 NYCRR Part 201-6, Title V Facility Permits, for major stationary sources due to potential emissions of volatile organic compounds (VOC) in excess of 50 tons per year.

The Title V Facility Permit was originally issued April 1, 1999, and was modified effective October 4, 2001 to reflect the installation of a vapor combustion unit to control VOC emissions.  No significant changes from the current Title V Permit, as modified effective October 4, 2001, are proposed.  Potential emissions proposed for the renewed permit will be unchanged from those authorized by the current permit.

Facility emissions include fugitive emissions from seven internal floating roof tanks larger than 400,000 gallons, truck loading operation emissions vented through a vapor combustion unit control device, fugitive emissions from fuel additive storage tanks, and transmix loading operations.  (Transmix is a by-product of pipeline transport, created by mixing of different products.)  

As Part of this application, Sunoco Partners has proposed to continue the present restriction on emissions of hazardous air pollutants (HAP) to below the 40 CFR Part 63 Subpart R (and Title V) thresholds of 10 tons per year of any individual HAP and 25 tons per year of all HAP compounds combined.  To accomplish this, facility throughput will continue to be limited to 186,513,591 gallons of gasoline, 193,146,042 gallons of distillates (#1 and #2 oil) and 1,310,000 gallons of transmix in any 12 consecutive month period.  Records to document facility throughput must be maintained on site for 5 years, and made available to department inspectors on request.

The Draft Title V Facility permit may be viewed or downloaded as a .pdf file at: http://www.dec.state.ny.us/website/dardata/boss/afs/draft_atv.html

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.

Cryovac Inc has submitted an application for renewal of its Title V Facility Permit for its Gates Facility, located at 1525 Brooks Ave in the Town of Gates.  The facility manufactures specialty packaging systems for the food industry.  The facility is subject to 6 NYCRR Part 201-6, Title V Facility Permits, for major stationary sources due to potential emissions of volatile organic compounds (VOC) in excess of 50 tons per year. Facility operations include plastic film extrusion from polyolefin resin pellets, flexographic printing operations on plastic film, and speciality coating and adhesive laminating operations on plastic film.

Potential emissions of volatile organic compounds (VOC) from this facility exceeded 250 tons per year when the original Title V Facility Permit was issued on March 20, 2000. Process and equipment changes and additions were reflected in Modification 1 effective March 26, 2001, Modification 2 effective July 16, 2002, and Modification 3 effective September 26, 2003.  For each of these modifications, the increase in potential VOC emissions was restricted, by limitations on annual operating hours, to less than the 6NYCRR Part 231 New Source Review (NSR) threshold of 40 tons per year.

No significant changes from the current Title V Permit, as modified effective September 26, 2003, are proposed, and potential emissions proposed for the renewed permit are unchanged from those authorized by the current permit.

The Draft Title V Facility permit may be viewed or downloaded as a .pdf file at: http://www.dec.state.ny.us/website/dardata/boss/afs/draft_atv.html

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 the construction of a 60' x 40' crushed stone pad in a NYS regulated freshwater wetland adjacent area to support log trucks as they are being loaded during an upcoming timber harvest. Following completion of the harvest the stone pad will be used for recreational parking.  

The applicant is proposing to modify the existing permit, to expand an existing mine on Bostwick Road, just west of Town Line Road and southwest of Burnett Pond, by 5.6 acres, for a total of 14.3 acres.  The mine will continue to operate as a surface extraction mine for sand and gravel to be used for cover material for the Seneca Meadows Landfill. Mining will not occur below the water table and will not take place in the adjacent regulated wetland or adjacent area.  Reclamation will include replacement of stockpiled topsoils and reseeding to stabilize the banks.  Final reclamation will include residential, agricultural or recreational uses.  The file is available for review and comment at NYSDEC Region 8.

The applicant proposes a modification to the current mining permit for the Elam Sand and Gravel mine.  The modification will add +/-105.9 acres of adjoining, previously affected mind land, located along the western property line of the existing Elam 5 & 20 pit.  The mineral rights on this property, previously mined as the "Baughman/Polvino Mine", have been acquired by Elam. The mining and reclamation plans are being revised to allow for resumed mining in this area to a re-established, final mine floor elevation of 970 AMSL.  There are no changes proposed in the rate of mining, truck traffic, processing or any other aspect of the current mine operation.  The mine site is located north of Routes 5 & 20, approximately 2000 ft. east of the Elton Road intersection.

    

The Waneta-Lamoka Lakes Association (LWLA) proposes a treatment of Fleet Cove in Lamoka Lake with the liquid aquatic herbicide fluridone, (Sonar AS).  The treatment is intended for the control of the non-native weed Eurasian watermilfoil.  The area to be treated is approximately 40 acres, and the treated area will be isolated from the main body of Lamoka Lake by a 1600 foot polyethylene curtain.  The initial target fluridone concentration is 8 ppb.  

This treatment plan is a modification of the original proposal to treat both Lamoka and Waneta lakes to control watermilfoil.  That proposal was the subject of a draft Supplemental Environmental Impact Statement (dSEIS) dated December 2001.  Based on the complete record of the dSEIS proceeding, the Department, as Lead Agency, concluded in a Statement of Findings dated November, 2002 that the use of fluridone in Lamoka and Waneta lakes was supported by previous environmental impact reviews, and a permit could be issued containing limiting conditions and monitoring requirements. Waneta Lake was treated under that permit in 2003.

A decision whether to approve this treatment will be based on a review of the Fleet Cove proposal submitted by the LWLA, and the earlier SEIS and record, and the monitoring results from Waneta Lake.  A complete copy of the LWLA - Fleet Cove Fluridone Treatment application is available for review at the DEC Region 8 office in Avon, NY, and at the Tyrone Town Hall.