ENB Region 9 Completed Applications 12/07/2005

The Department has drafted a modified permit and intends to issue a requested modification to SPDES Permit No. NY-0074101 to change the existing disinfection system from ultraviolet to hypo-chlorination.  As a result of the change to a hypo-chlorination disinfection system, a Total Residual Chlorine limit of 500 ug/l is to be included in the permit.  Up to 10,000 gallons per day of treated sanitary and process wastewater are discharged to Connoisarauley Creek from an activated sludge wastewater treatment plant at the permittee's meat processing facility located at 9129 US Route 219 in the hamlet of Ashford Hollow.

The applicant proposes to construct a pre-cast concrete block breakwall along 125 lineal feet of Chautauqua Lake shoreline at facility address location above.

The Department has prepared a Draft Permit and made a tentative determination to approve this application for renewal of the National Fuel Gas Supply Corporation Concord Facility Title V permit.  It is a natural gas transmission facility consisting of five natural gas fired stationary reciprocating internal combustion compressor engines, each rated at 2250 HP.  The engines are subject to the opacity limitations of 6 NYCRR Part 227-1.3(a).  The NOx emission limit for lean burn spark ignited natural gas fired stationary internal combustion engines decreased to 1.5 grams per brake horsepower-hour per 6 NYCRR Part 227-2.4(f)(2)(i)(b) as of April 1, 2005.  Source performance testing performed in July 2004 confirmed compliance with the lowered limit.

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.