ENB Region 7 Completed Applications 03/01/2006

The Department has drafted a permit pursuant to Article 19 (Air Pollution Control) of the NYS Environmental Conservation Law and Title V of the Clean Air Act Amendments, and made a tentative decision to approve this permit for Kerry Biofunctional Ingredients, Inc. existing food products facility, located at 158 State Highway 320, Norwich, NY. The permit is a renewal of the facility’s existing Title V permit.

The facility produces foods products, and consists of three natural gas or number 2 oil fired boilers, digestion tanks, various dump stations, mixing tanks, product filters, evaporators, dryers, a toluene recovery system, and scrubbers and fabric filters for air pollution control.

Emissions from this facility are controlled in accordance with multiple State and Federal regulations.  Additionally, the draft permit has enforceable conditions which limit (cap) the annual emissions of volatile organic compounds (VOCs) and sulfur dioxide emitted from the facility to below  the applicability threshold of 6 NYCRR Part 212.10, and 40 CFR 52.21 respectively.  The facility is required to conduct periodic monitoring of emission sources and maintain records which verify the facility's actual emissions of VOCs and sulfur dioxide. This data must be reported to the Department in annual compliance certification and semiannual monitoring reports.

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 Department has prepared a draft permit pursuant to Article 19 (Air Pollution Control) of the NYS Environmental Conservation Law and made a tentative decision to approve an application for an Air State Facility Permit for Kenyon Press Inc, located at 1 Kenyon Press Dr, Sherburne, NY 13460.   The purpose of the Air State Facility Permit is to integrate the facility’s existing operating permit into the Department’s Air Facility Permit System and incorporate minor changes to facility printing operations and monitoring requirements. The facility currently has federally enforceable permit conditions which limit (cap) facility wide emissions of volatile organic compounds (VOC) and hazardous air pollutants (HAP) below the applicability levels of 6 NYCRR 2016 and 40CFR70, Title V permitting, and 6 NYCRR 212.10 and 234, VOC RACT.

Kenyon Press is a commercial printing facility primarily consisting of heat set web offset lithographic printing presses for producing magazines, brochures, advertisements, catalogs and similar products. Volatile organic compounds from the web dryers are controlled by catalytic oxidizers.

The Air State Facility permit continues facility-wide federally enforceable emission caps for volatile organic compounds and hazardous air pollutants to keep the facility below the following major source thresholds: (a) 50 tpy VOC; (b) 25 tpy aggregate HAPs; (c) 10 tpy individual HAP.   The permittee is required to maintain records and monitor facility emissions to verify compliance with permit conditions and limits, and to submit an annual capping certification report in accordance with 6 NYCRR Part 2017.

The applicant proposes to develop a single family lot at 7 Aspen Cove Road, including a driveway, house, utilities and lawn affecting 0.1 acre of state wetland and 0.5 acres of its 100 foot adjacent area.  The septic system would be located beyond the adjacent area. The application and project plans are available for review in the Syracuse Office.