ENB Region 9 Completed Applications 11/16/2005

This application is for a USDA/NRCS Wetland Reserve Program project to restore wetland hydrology on about 5.5 acres altered by previous farm drainage ditches, in Freshwater Wetland #BI-2 and its 100-foot Adjacent Area.  It is proposed to use existing ditch spoil piles and other on-site soil material to construct a 4-foot high berm (measured at the lowest existing elevation) 800 feet long, with an earthen auxiliary spillway for high flows and two water control structures for low flow outlets to Rush Creek. The project site is on the southeast side of Flat Iron Road, about 700 feet from Miss Joy Road.   

The Department has made a tentative determination to approve the renewal of a Title V Facility Permit for a natural gas transmission facility on Ravlin Hill Road. A draft  permit has been prepared for The Tennessee Gas Pipeline (TGP) Company - Station 224 facility which consists of four 4-cycle lean burn natural gas fired stationary reciprocating internal combustion compressor engines. Each of these compressors are rated at 2,000 horse power (HP). There are also two 370 HP generators which are exempt from permitting per 6 NYCRR Part 227-2.4(f)(4).  Other exempt equipment includes a boiler, ten space heaters, two parts washers, a gasoline dispensing station, and 17 tanks.

The compressor engines are subject to the opacity limitations of 6 NYCRR Part 227-1.3(a) and the NOx emission limit of 3 grams per brake horsepower-hour found in 6 NYCRR Part 227-2.4(f)(2), which was effective until March 31, 2005.  On April 1, 2005, the lowered emission limit of 1.5 g/bhp-hr NOx  found in 6 NYCRR Part 227-2.4(f)(2)(i)(b) went into effect, but TGP's request for an extension of the compliance date until April 1, 2006, was granted by the Department.  TGP was unable to complete compliance testing prior to April 1, 2005, due to a lack of natural gas demand via Station 224 which disallowed the compressors from operating sufficiently to conduct the tests.

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.

Sunoco Partners Marketing & Terminals LP has submitted an application for renewal of its Title V Facility Permit for its Tonawanda Terminal, a petroleum product storage and distribution facility located at 3733 River Road in the Town Tonawanda.  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. There are no significant changes proposed for the Title V Permit, as previously issued. The Title V Facility Permit was originally issued February 16, 1999. Facility changes include a new  vapor combustion unit to control VOC emissions, installation of an internal floating roof in tank #10 (converting storage from distillate to gasoline) and construction of a ethanol railcar unloading rack. Facility emissions include fugitive emissions from nine above ground tanks, 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 208,000,000 gallons of gasoline, 193,000,000 gallons of distillates 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.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