ENB Region 9 Completed Applications 10/12/2005

The Department has prepared a draft modification to SPDES permit (NY 0000973), which regulates stormwater discharges from the West Valley Demonstration Project at 10282 Rock Springs Road. The twenty stormwater outfalls discharge to: tributary (unnamed) of Erdman Brook, Class D, and Erdman Brook, Class D; tributary (unnamed) to Franks Creek, Class C and wetland to Franks Creek, Class C; wetland tributary to Quarry Creek, Class C; and tributary (unnamed) to Buttermilk Creek,Class C. The USDOE has requested that monitoring frequencies for specific parameters be reduced at the process wastewater Outfall 001 based on monitoring sampling results, and that pH data be reported from a representative stormwater outfall from each (stormwater outfall) group and that a sample also be taken from an on-site rain gauge. The applicant has asked that pH monitoring replace pH limits in the permit based on more than 5,000 historical pH data from the Routine Environmental Monitoring Program. The draft permit, fact sheets and materials submitted in support of the application are available for review and comment at the regional office listed in this notice.

The Department has drafted a permit pursuant to Article 19 (Air Pollution Control) of the NYS Environmental Conservation Law (ECL) and Title V of the Federal Clean Air Act Amendments, and made a tentative determination to approve this application for the existing facility-wide air emissions from the MRC Bearings facility on Maroco Road. The company manufactures specialized ball and roller bearings. Production processes include product manufacturing, quality assurance testing, etching, polishing, grinding, machining and washing of metals. The company, as a major source of volatile organic compound (VOC) emissions with the potential to emit VOCs in excess of 50 tons per year, is subject to 6NYCRR Part 201-6, Title V Facility Permit. As required by 6NYCRR Part 212.10(b), the company submitted a VOC Reasonably Available Control Technology (RACT) Compliance Plan which has demonstrated that an overall removal efficiency of 81% could not be met due to reasons of technological and economic feasibility. The Department has determined a variance from the VOC RACT requirements is appropriate. The variance request will be submitted to the USEPA as a source specific State Implementation Plan revision for their approval. The terms and conditions of the variance are specified in the draft permit and limit the VOC emission rate of the two affected sources to 21 tons per year. MRC is a minor source of particulate emissions subject to 6NYCRR Parts 212.4(c) and 212.6(a). Cyclone separators are used to control particulate emissions. The proposed permit requires daily monitoring of the separators for emission limit 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. 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

The Department has made a tentative determination to approve this application for a modification of an existing permit to discharge to the Niagara River. The modification involves changes to effluent limits and the addition of two water treatment chemicals. The Department has made a tentative determination to issue a permit for a State Pollutant Discharge Elimination System permit under Article 17 of the Environmental Conservation Law. This tentative determination indicates that the discharge regulated under this statute is considered to satisfy regulatory standards for permit issuance, based on information available to the Department at this time. As a tentative determination, the Department seeks comments on the proposed regulated activity prior to making a final decision on permit issuance. As such, this tentative determination does not signify department approval for or endorsement of the activity for which a permit is sought or for the overall proposed project. In submitting any comments, please refer to this application by application number listed above and SPDES number, NY0002399.

The proposed action is a five-acre expansion of the Robb Gravel Pitt, currently permitted for 43 acres, 27.8 acres of which have already been reclaimed to agriculture, 15.2 acres to be reclaimed by the end of the existing permit.  The reclamation plan is to return all 48 acres to agriculture.  After completion of the currently proposed expansion this mine will be closed.