ENB Region 5 Completed Applications 10/12/2005

The applicant, International Paper Company (IP) has applied for a modification of its Air Pollution Control Title V Permit  to conduct a two week trial burn to evaluate the use of tire derived fuel as an alternate fuel source for the mill’s power boiler. The Department has prepared a Draft Permit and has made a tentative determination to approve this application for modification.  This modification would authorize a two week trial and testing period during which tire-derived fuel (TDF) will be combusted in the power boiler along with number 6 fuel oil and bark/wood.  The TDF loading will not exceed 3 tons per hour and the total heat input to the boiler will not exceed 748 MMBtu per hour. TDF will be added to bark/wood in the wood yard and be conveyed with the bark/wood to the boiler.  During the first week, TDF will be added in gradually increasing amounts while the boiler operators adjust the boiler to achieve optimum combustion conditions. Particulate Matter emissions will be measured (using USEPA Method 5) when the TDF feed rate reaches 1 ton per hour, then again at 2 tons per hour and again at 3 tons per hour to ensure compliance with the permit limit during this period.  During the second week, extensive stack testing will be performed to characterize emissions.

Whenever TDF is being burned, facility personnel will monitor the SO2 emission rate and NOX emission rate utilizing the mill’s continuous emissions monitoring systems. Stack opacity will be monitored by certified personnel during daylight  hours.  If any of these indicators  exceed permit limits, the facility will stop adding TDF until the conditions have stabilized and are in compliance.  

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.

A legislative Public hearing has been scheduled. For details on date, time and place for the hearing proceedings and procedures for participation, please refer to the following web site link: www.dec.state.ny.us/website/ohms/notices/internationaln.html. A copy of the Department's permit hearing procedures is available upon request or on the Department's web site at: www.dec.state.ny.us/website/ohms/gudph1.htm.

Proposed disturbance to 0.37 acre of federally-regulated wetlands, associated with utility line and road crossings for phases IIB and III of the Fairway Meadows Residential Development.  As mitigation, 0.87 acre of wetlands will be created.  The project is located north of Johnson Road and east of Staniak Road, Town of Halfmoon.

The Department has prepared a Draft Permit and has made a tentative determination to approve this application to renew the existing Title V facility permit for the Lehigh Northeast Cement Company. The renewal will also incorporate provisions for an operational flexibility plan under 6NYCRR Part 201-6.5(f)(2) that will allow for Department review and approval of alternative fuels that will not cause significant increases of emissions.

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: www.dec.state.ny.us/website/ohms/gudph1.htm.