ENB Region 8 Completed Applications 12/21/2005

NYS Dept of Correctional Services Corporation has submitted an application for renewal of the Title V Facility Permit for its Elmira Correctional Facility, located on Davis St in the City of Elmira, Chemung County.  The facility emits air contaminants from four 38.5 million BTU per hour boilers which can be fired by either natural gas or #6 fuel oil; foundry metal smelting, pouring, and casting operations; four diesel powered emergency generators; and from adhesives used in paint brush manufacturing.

The Title V Facility Permit was originally issued July 19, 1999 and was modified effective January 31, 2002 to revise opacity compliance certification conditions in the original Title V Permit.  

Changes proposed from the Permit effective January 31, 2002 reflect the addition of paint brush manufacturing operations.  The facility remains subject to 6 NYCRR Part 201-6, Title V Facility Permits for major stationary sources, due to potential emissions in excess of 100 tons per year each, of sulfur dioxide (SO₂), carbon monoxide (CO), and oxides of nitrogen (NO_X).

Compliance certification includes fuel analysis, equipment maintenance, stack testing, and semi-annual emission reporting.  Facility emissions are calculated on a rolling twelve month basis.  Records are retained on site for 5 years, are made available to department inspectors on request, and emission totals are included in semi-annual monitoring reports.

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 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:

The applicant proposes to construct a retail shopping center near the intersection of Poags Hole Road and Route 36.  This construction will impact approximately 1.05 acres of federal wetlands.  To compensate for this impact, 2.46 acres of mixed scrub-shrub/emergent wetland will be created on site.  Additionally, there will also be 2 acres of mitigation completed off site.  The Department has made a tentative determination to issue the water quality certification and as such is seeking public comments before making a final decision on issuance.  Project documents are available for review at this office.

The Department has received an application to extend the water supply and distribution system of Livingston County Water District #1 and to take for use therein a supply of water up to 500,000 gallons per day from the Authority's City of Rochester upland supply.  This project includes the installation of 9,000 linear feet of 12 inch transmission main to serve the Village and Town of Geneseo.  The proposed installation of the watermain involves a crossing of the Conesus Lake Outlet on Route 20A.  The crossing will be completed by directional drilling.  The Department has made a tentative determination to approve this application.  As a tentative determination, the Department is seeking public comments prior to making a final decision about permit issuance.

The applicant proposes the installation of approximately 205 linear feet of 13' - 20' wide stone revetment at or above the Lake Ontario mean high water elevation of 247.3 feet. Additionally, the unstable washout gully areas will be restored by backfilling with coarse angular stone. The existing stairway will be replaced and the existing underdrain system will be re-directed to the toe of slope. The top of the slope will be slightly graded to establish the required stable finished grade.

The applicant proposes the installation of approximately 205 linear feet of 13' - 20' wide stone revetment at or above the Lake Ontario mean high water elevation of 247.3 feet. Additionally, the unstable washout gully areas will be restored by backfilling with coarse angular stone. The existing stairway will be replaced and the existing underdrain system will be re-directed to the toe of slope. The top of the slope will be slightly graded to establish the required stable finished grade.

    The Department of Environmental Conservation (DEC) has received an application to re-issue/re-new the following pre-existing Private/Commercial/Institutional State Pollutant Discharge Elimination System (P/C/I SPDES) permit.  DEC has made a tentative determination to re-issue/re-new this pre-existing permit for a five year term with updated regulatory requirements and maintaining current effluent limitations and monitoring and reporting requirements.  This permit involves the surface discharge through a septic tank of up to 150 gallons per day of treated sanitary waste to a tributary of Seneca Lake.

    Additional information on this permit may be requested from or inspected at the NYSDEC Central Office in Albany.  Substantive comments must be submitted in writing to the contact person.  To be called substantive, 6 NYCRR Part 621.7 requires public comments "explain the basis of opposition and explain specific grounds..." for opposition.

    SPDES #:  NY 008 8790

The applicant proposes the installation of approximately 75' of steel sheet pile wall to prevent further erosion of the Sodus Bay shoreline.