ENB Region 8 Completed Applications 02/22/2006

Arkema, Inc. has submitted an application for the renewal of the Title V Facility Permit for air pollution processes at the Arkema, Inc. Geneseo facility located on Route 63, two miles north of the Village of Geneseo in the Town of York, Livingston County.  This facility produces liquid organic peroxides that are used primarily in the production of acrylics, elastomers, low density polyethylene, polyesters, polystyrene and polyvinyl chloride.

The Title V Facility Permit was originally issued January 11, 2001.  A major modification was effective April 25, 2002 to authorize the replacement of an existing emission source (batch stripper tank) and two pieces of control equipment (brine condensers) and the addition of a new emission source (pack out equipment).  This modification also capped the emissions from EP169 to below the 40 tons/year applicability threshold of 40 CFR 52 and 6 NYCRR Part 231 (New Source Review).  No change in operations as authorized by the modified permit effective April 25, 2002 is proposed in the application for Title V Permit renewal.  The facility is currently subject to Title V permitting requirements because it is a major stationary source and has the potential to emit 50 tons per year (TPY) of Volatile Organic Compounds (VOC), 25 TPY of total Hazardous Air Pollutants (HAP) and 10 TPY of individual HAP.

Emission units at this facility include P-ROC01 - includes emissions from all chemical manufacturing processes, T-ANK01 - includes emissions generated from chemical storage tanks, F-ERA01 - includes Emergency Response Activities in response to a release or threat of a release at any area or location within the facility, including but not limited to the Emergency Response Pad and W-WTP01 - includes fugitive emissions generated from the on site wastewater treatment plant.

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:

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

The applicant proposes the removal of an existing house, located within the Coastal Erosion Hazard Area Natural Protective Feature Area, and construction of a new house. The new house will contain a minor addition which is defined as an addition of less that 25 percent of the ground area coverage of the existing structure.

The Department has made a tentative determination to issue a new SPDES permit for wastewater discharges from Bath Petroleum Storage, Inc. (BPSI), an existing Liquefied Petroleum Gas (LPG) storage facility located at 7535 Eagle Valley Road in the Town of Bath, Steuben County.  Existing outfall 001 to the Cohocton River, and new outfall 002, an injection well to saline groundwaters in the Queenstone Shale, will receive brine from operations at the facility.  Brine is generated by excess precipitation, cavern and equipment maintenance activities requiring fresh water, and cavern development as authorized by the Department.  BPSI has indicated that average fresh water use will not exceed 280,000 gallons per day on a 30 day running average.

Permitted brine discharges to surface waters will not occur if flow in the river is less than 100 cubic feet per second.  Additionally, brine discharges shall be limited such that the concentrations in the Cohocton River do not exceed 250 and 500 mg/l for chlorides and total dissolved solids, respectively.  Subsurface brine discharges shall be injected into the Queenston Shale approximately 2000 feet below the caverns.  Injected brine will be confined to the Queenston Shale by an impermeable layer and will not affect surface waters or shallower ground waters

The application and Draft SPDES Permit are available for review at the Region 8 NYSDEC office.

Hakes C&D Disposal, Inc. (Hakes) is proposing a modification to the existing of the Hakes C&D landfill,  located at 4376 Manning Ridge Road, Campbell, NY.  The application includes a 34.7 acre expansion and an overfill (vertical expansion) of the existing permitted landfill (23.2 acres) to a final elevation of 1818 feet NAVD88 (1829 site datum), or an increase of 89 feet.  The project will add more than 5 million cubic yards of disposal capacity and extend the site life by approximately 10-15 years.  The project will not change the landfill’s currently approved design capacity of 1,000 tons per day.  The hours during which construction activities can take place is proposed to change from 5:30 p.m. to 7 p.m.  Landfill gases at the leachate cleanouts  will be treated by a gas treatment system.  The Department has requested an Air State Facility Permit application be submitted to determine whether hydrogen sulfide emissions will trigger an Air State Facility Permit.  The DSEIS includes two noise scenarios; one with and one without the purchase of the property to the north of the facility.  The permit will include noise mitigation and permit conditions for both scenarios.  The file, including the draft 360 permit, DSEIS, and 360 permit application, are available for review and comment at NYSDEC Region 8.   See the Combined Hearing Notice and Acceptance of the DSEIS for this project in the SEQR Section of the ENB.  

The applicant proposes to repair and modify an existing stone revetment to prevent erosion of the Lake Ontario shoreline. The final stone revetment will measure approximately 110' in length and extend from just above mean high water level (247.3') to an elevation of 251 feet.